city of ryde development committee agenda 0907 19 june …...jun 19, 2007 · assets the city of...

CITY OF RYDE DEVELOPMENT COMMITTEE

AGENDA NO. 9/07 The above Committee will meet on Tuesday, 19 June, 2007 in Committee Room No. 2, Fifth Floor, Civic Centre, Ryde at 4.00pm to discuss the following matters. Any matters not determined at the meeting will be considered by the Council at its meeting to be held on Tuesday 26 June, 2007. CONTENTS Item Property/Subject CONFIRMATION OF COMMITTEE REPORT ..................................................... 1 2 9 DELMAR PARADE GLADESVILLE. LOT: 33 DP: 16334. Local

Development Application for partially inground swimming pool. LDA 139/2007. Applicant: Willems C/- Glendinning Minto & Associates. Owner: A Willems and P Eichhorn. Date lodged: 12 March 2007. INSPECTION 4.20PM & INTERVIEW 4.45PM .................................................... 2

3 9 DELMAR PARADE GLADESVILLE. Lot 33 in DP16334.

Application pursuant to Section 96(1A) of the Environmental Planning and Assessment Act, 1979 to amend the approved Dwelling House. LDA No.130.3/2003. Applicant: P&A Eichorn. Owner: P&A Eichorn. Date lodged: 24 January 2007.

INSPECTION 4.20PM & INTERVIEW 5.05PM ............................................. 32 4 100 LANCASTER AVENUE, MELROSE PARK. Lot 50 DP 15965.

Illegal Land Filling. Owner: D P & K L & P A & V D Jepson ......................... 47

CITY OF RYDE Development Committee Agenda No. 9/07 Page 1

ITEM 1 CONFIRMATION OF COMMITTEE REPORT RECOMMENDATION: That the report of the meeting of the Development Committee No. 09/07 held on 19 June 2007, be confirmed.


ITEM 2 9 DELMAR PARADE GLADESVILLE. LOT: 33 DP: 16334. Local Development Application for partially inground swimming pool. LDA 139/2007. Applicant: Willems C/- Glendinning Minto & Associates. Owner: A Willems and P Eichhorn. Date lodged: 12 March 2007.

INSPECTION 4.20PM INTERVIEW 4.45PM

FILE NO. LDA07/139 Manager Assessment Reports 4 June 2007 The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary This report considers an Integrated Development Application for a partially inground swimming pool located at the rear of the dwelling facing Parramatta River. The proposed pool is between 3.2m and 4m forward of the foreshore building line with a 1.9m wide portion of the pool between 100mm and 500mm above natural ground level. The protrusion of this part of the pool above natural ground level is due to the sloping topography of the site, with the majority of the pool located below natural ground level. The side of the pool facing the waterway will be screened by landscaping (see condition 2). The proposed pool will retain the natural rock platform facing Parramatta River. On 13 March 2007 Council’s Development Committee approved a pool at 62 Champion Road Tennyson Point (DA 469/2006) that was 9m forward of the foreshore building line and wholly above natural ground level by between 500mm and 1.5m. The proposed pool subject of this report is located closer to the foreshore building line and natural ground level than the example stated above. There is also a Section 96 modification application for a dwelling on the site and is listed as another item in this Development Committee (recommendation for approval). This application seeks to delete the first floor study and re-arrange rooms on other floors. Comparison of the Section 96 modification and the DA for the pool subject of this report indicate that both applications provide the same floor level which would facilitate construction of the pool. During the notification period no submissions were received objecting to the development.


ITEM 2 (Continued) It is recommended that the application be approved. Reason for Referral to Development Committee: Requested by Councillor Tagg. 2. Site (Refer to attached map.) Address : 9 Delmar Parade, Gladesville Site Area : 657.6m2

Frontage 11.49 metres Depth 47.85m/45.72 metres Topography and Vegetation : The site has a fall of approximately 11m from Delmar

Parade down to mean high water mark (Parramatta River). There is no significant vegetation on the site.

Existing Buildings : Currently existing on site is a 1 to 2 storey brick and tile

dwelling with detached garage. Planning Controls Zoning : Residential 'A' Other : Sydney Harbour Catchment Regional Environmental

Plan 2005 SEPP 55 (Contamination of Land) Building Sustainability Index SEPP (BASIX) 2004 Ryde Planning Scheme Ordinance 1979 City of Ryde DCP 2006 Sydney Harbour Foreshores/Waterways Area DCP 2005 3. Proposal Partially inground swimming pool (and associated landscaping and fencing) located between 3.2m and 4m forward of the foreshore building line, with a 1.9m wide portion of the pool between 100mm and 500mm above natural ground level. 4. Background The DA was lodged on 12 March 2007. Other applications for the site:


ITEM 2 (Continued) Section 96 modification to DA 130/2003 was lodged on 23 January 2007 to delete the first floor study and re-arrange rooms on other floors. Comparison of the Section 96 modification and the DA for the pool subject of this report indicate that both applications provide the same floor level which would facilitate construction of the pool. This modification application is listed as another item in this Development Committee and has a recommendation for approval. 5. Management Plan Linkages N/A. 6. Relationship to Key Outcome Areas Assets The City of Ryde is committed to continuing the delivery and maintenance of high quality and environmentally friendly buildings and infrastructure. This matter has no direct relationship to this key outcome area. Environment The City of Ryde is committed to maintaining an ecologically sustainable City through the management of our natural and physical environment. The assessment of this development application meets the following key outcomes for Environment: • Attractive streets, public places and buildings through better planning and design

which is responsive to community expectations and our local environment. • Clean water through control of pollution entering our waterways and through

protection of these waterways. Governance The City of Ryde is committed to effective decision making processes that ensure full transparency and involvement of its community. The assessment of this development application meets the key outcomes for Governance: • Improved communication with the community and increased awareness and

understanding of Council’s decisions by the community.


ITEM 2 (Continued) The application was notified to residents of the City of Ryde in compliance with Part 2.1 of DCP 2006 – Notification of Development Applications. No submissions were received. Council’s business paper and decisions are available to the public. • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. The application was notified to residents of the City of Ryde. No submissions were received. • Compliance with all legislative requirements and statutory obligations. The application has been assessed under Section 79C of the Environmental Planning and Assessment Act 1979, the Ryde Planning Scheme Ordinance 1979, relevant State Planning Policies and relevant Council Development Control Plans and policies. People The City of Ryde is committed to becoming a socially sustainable City through effective community participation and the active application of social justice principles. The matter has no direct relationship to this key outcome area. 7. Consultation – Internal and External Internal Referrals Landscape Architect 17 May 2007: Raised no objection to the application subject to a condition of consent requiring that prior to the Construction Certificate details of the proposed screen planting species along the waterfront are to be shown on the landscape plan. (See condition 2). External Referrals NSW Maritime 17 May 2007: Raised no objection subject to 10 general terms being met. (See conditions 18 to 27.). 8. SUBMISSIONS: The proposal was notified in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications for Integrated Development for a 30 day period from 28 March to 30 April 2007.


ITEM 2 (Continued) During this period no submissions were received objecting to the development. 9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance

Zoning

Residential 'A' Mandatory Requirements

Clause 40 (4) & (6) Foreshore Building Line The site has a foreshore building line of 30m from the front property boundary. Clause 40(4) states: Except as provided by subclause 6, a building shall not be erected between a foreshore building line and bay, river, creek or lagoon in respect of which the line is fixed. Clause 40(6) states: That the responsible authority may, after consideration of the probable aesthetic appearance in relation to the foreshore of:

a) a proposed retaining wall: or b) a proposed swimming pool which does not project above the natural ground

level of the land upon which it is erected.

Consent to its erection between the foreshore and a foreshore building line fixed in respect of land fronting the foreshore.

The proposed pool is located between 3.2m and 4m forward of the foreshore building line. A 1.9m wide portion of the pool facing the waterfront is above natural ground level by between 100mm up to 500mm. The applicant submitted a SEPP 1 objection in relation to the above development standards and provided the following justification for seeking to vary these standards (in summary):

Pool coping has a level of RL 2.5 which provides a maximum height of 500mm above existing natural ground level.


ITEM 2 (Continued)

The pool is set back in excess of 14m from mean high water mark. Pool is set back 2.5m from existing rock retaining wall facing the waterway. Setback will provide ample landscaping to screen pool. Pool does not extend beyond the building footprint of the adjoining western

premises. Pool location is compatible with existing surrounding development. Pool will

not detract from waterway. On 13 March 2007 Council’s Development Committee approved a pool at 62 Champion Road Tennyson Point (DA 469/2006) which was 9m forward of the foreshore building line and wholly above natural ground level by between 500mm and 1.5m. In this instance, the proposed pool is located closer to the foreshore building line and natural ground level than the example stated above. The proposed pool is between 3.2m and 4m forward of the foreshore building line and a 1.9m wide portion of the pool is between 100mm and 500mm above natural ground level. The part of the pool that protrudes above natural ground level faces the waterway will be screened with landscaping (see condition 2). In consideration of the above, the SEPP 1 objection has addressed the relevant issues and is accepted.

(b) Relevant SEPPs

STATE ENVIRONMENTAL PLANNING POLICY NO. 55 – REMEDIATION OF LAND State Environmental Planning Policy No. 55 applies to proposed site. Clause 7 of the policy asks Council to consider the following: (a) it has considered whether the land is contaminated, and (b) if the land is contaminated, it is satisfied that the land is suitable in its

contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

There is no evidence that the subject site contains contaminated land.

(c) Relevant REPs


ITEM 2 (Continued)

SYDNEY REGIONAL ENVIRONMENTAL PLAN (SYDNEY HARBOUR CATCHMENT) 2005

The site is located on the Parramatta River within the Foreshores and Waterways Area and is zoned W8 “Scenic Waters Passive Use”, identified on zoning map 2 of 16 of the SREP. The assessment against the provisions of the REP is below:

Provision Proposal Compliance Foreshores and Waterways Area

Clause 17 Zoning Objectives: • W8 Scenic Waters Passive

Use

(a) To give preference to unimpeded public access along the intertidal zone, to the visual continuity and significance of the landform and to the ecological value of waters and foreshores,

Proposal would not impede public access.

Yes

(b) To allow low-lying private water-dependant development close to shore only where it can be demonstrated that the preferences referred to in paragraph (a) are not damaged or impaired in any way, that any proposed structure conforms closely to the shore, that development maximises open and unobstructed waterways and maintains and enhances views to and from waters in this zone

Development is behind existing shoreline.

Yes

(c) To restrict development for permanent boat storage and private landing facilities in unsuitable locations

No boat storage proposed. N/A

(d) To allow water-dependent development only where it

No water dependent development proposed.

N/A


ITEM 2 (Continued)


Clause 17 Zoning Objectives: can be demonstrated that it

meets a demonstrated demand and harmonises with the planned character of the locality

Foreshores and Waterways Area

(e) To ensure that the scale and size of development are appropriate to the locality and protect and improve the natural assets and natural and cultural scenic quality of the surrounding area, particularly when viewed from waters in this zone or areas of public access

Pool is considered an appropriate size and scale when viewed from the water.

Yes

Matters for Consideration Cl. 21 Biodiversity, Ecology and Environmental Protection

(a) Development should have neutral or beneficial effect on quality of water entering waterways

Proposal is not considered to pose an adverse impact on water quality entering waterway.

Yes

(b) Development should protect and enhance terrestrial and aquatic species, populations and ecological communities and, in particular, should avoid physical damage and shading of aquatic vegetation (such as seagrass, saltmarsh and algal and mangrove communities)

Proposal is not considered to pose an adverse impact on terrestrial and aquatic species.

Yes

(c) Development should promote ecological connectivity between

No impact on connectivity. Yes


ITEM 2 (Continued)


neighbouring areas of aquatic vegetation (such as seagrass, saltmarsh and algal and mangrove communities)

(d) Development should avoid indirect impacts on aquatic vegetation (such as changes to flow, current and wave action and changes to water quality) as a result of increased access

No increased access proposed and no proposed indirect impacts on aquatic vegetation.

Yes


(e) Development should protect and reinstate natural intertidal foreshore areas, natural landforms and native vegetation

Proposal is setback from intertidal foreshore areas.

Yes

(f) Development should retain, rehabilitate and restore riparian land

No proposed change to riparian land.

Yes

(g) Development on land adjoining wetlands should maintain and enhance the ecological integrity of the wetlands and, where possible, should provide a vegetation buffer to protect the wetlands

No wetlands in vicinity. Yes

(h) The cumulative environmental impact of development

The proposal is considered to pose no cumulative environmental impact.

Yes

(i) Whether sediments in the waterway adjacent to the development are contaminated, and what means will minimise their disturbance.

No sediments are proposed to be disturbed.

Yes


ITEM 2 (Continued)


Cl. 22 Public Access to, and Use of, Foreshores and Waterways

(a) Development should maintain and improve public access to and along the foreshore, without adversely impacting on watercourses, wetlands, riparian lands or remnant vegetation

Will not impede public access.

Yes

(b) Development should maintain and improve public access to and from the waterways for recreational purposes (such as swimming, fishing and boating), without adversely impacting on watercourses, wetlands, riparian lands or remnant vegetation

No change to access. Yes


(c) If foreshore land made available for public access is not in public ownership, development should provide appropriate tenure and management mechanisms to safeguard public access to, and public use of, that land

Land not available for public ownership in this instance.

N/A

(d) The undesirability of boardwalks as a means of access across or along land below the mean high water mark if adequate alternative public access can otherwise be provided.

No boardwalk proposed. N/A


ITEM 2 (Continued)


(e) The need to minimise disturbance of contaminated sediments

No disturbance anticipated.

Yes

Cl. 24 Interrelationship of Waterway and Foreshore Uses

(a) Development should promote equitable use of the waterway, including use by passive recreation craft.

No impact on passive recreation craft.

Yes

(b) Development on foreshore land should minimise any adverse impact on the use of the waterway, including the use of the waterway for commercial and recreational uses.

No impact on use of the waterway.

Yes

(c) Development on foreshore land should minimise excessive congestion of traffic in the waterways or along the foreshore.

No impact on water traffic congestion.

Yes

(d) Water-dependent land uses should have propriety over other uses.

No change to present residential land use.

Yes

(e) Development should avoid conflict between the various uses in the waterways and along the foreshores.

No conflict between various uses.

Yes

Cl. 25 Foreshore and Waterways Scenic Quality

(a) The scale, form, design and siting of any building should be based on an analysis of:


(I) the land on which it is to be erected, and

Proposal responds to site topography.

Yes


ITEM 2 (Continued)


(II) the adjoining land, and Proposal has been appropriately set back from adjoining sites.

(III) the likely future character of the locality

Proposed pool is consistent with likely future character of locality.

Yes

(b) development should maintain, protect and enhance the unique visual qualities of Sydney Harbour and its islands, foreshores and tributaries

Proposed pool would not pose any adverse visual qualities to Sydney Harbour, islands, foreshores and tributaries.

Yes

(c) the cumulative impact of water-based development should not detract from the character of the waterways and adjoining foreshores

Proposed pool would not detract from the character of the waterways and adjoining foreshores.

Yes


Cl. 26 Maintenance, Protection and Enhancement of Views

(a) Development should maintain, protect and enhance views (including night views) to and from Sydney Harbour

Proposed pool would not impact on views to and from Sydney Harbour.

Yes

(b) Development should minimise any adverse impacts on views and vistas to and from public places, landmarks and heritage items

Proposed pool would not impact on views and vistas.

Yes

(c) The cumulative impact of development on views should be minimised

Proposed pool would not impact on views of site or adjoining sites.

Yes

Cl. 36 Acid Sulfate Soils (4) Consent not granted

unless:


ITEM 2 (Continued)


(a) Acid sulfate soils management plan prepared

The site is not identified as Acid Sulphate.

N/A

(b) The likelihood of discharge of acid water

N/A N/A

(c) Any comments received with 21 days after sending copy of DA and report to Dept of Planning

N/A N/A

(d) Any draft LEPs No draft LEPs. (e) Any DCP (e.g. dwelling house, villa) Sydney Harbour Foreshores and Waterways Area Development Control Plan The site is located on the foreshore of the Parramatta River. Map 3 in the DCP identifies the site as “landscape character type 14” which applies to the low topographic areas of the Parramatta River.

Compliance with the relevant provisions is illustrated in the table below.

Provision Proposal Compliance Cl. 2-Ecological Communities and Landscape Characters:

o Urban Development with Scattered Trees (low status)

- Conserve and enhance vegetation

Landscape plan included in application.

Yes

- Minimise risk of predation on native fauna by domestic pets

No additional risk identified. Yes

- Minimise impacts of soil erosion, water siltration and pollution

Relevant conditions of consent from NSW Maritime are imposed to manage sediment and erosion control.

Yes


ITEM 2 (Continued)

Provision Proposal Compliance Cl. 4 Water Based and Land/Water Interface Developments

Not applicable N/A

Cl. 5 Land Based Developments 5.2 Foreshore access • Maintain, encourage and

secure public access along foreshore and intertidal zone

No impact to foreshore access.

Yes

• If possible provide linkage through streets where foreshore access cannot be achieved

No street link required. Yes

• Boardwalks not recommended.

No boardwalk proposed N/A

5.6 Planting • Landscaping to address the

following:

o appropriate species from those found in the surrounding landscape should be incorporated.

By way of condition 50% of indigenous planting will be required (condition 2).

Yes

o endemic native species should be used in areas where native vegetation is present or has potential to be regenerated.

Proposal incorporates native species.

o exotic species that have the potential to spread into surrounding bushland should be avoided.

No exotic species proposed to pose threat of spreading to nearby bushland.

Yes

o retain existing mature trees where possible and incorporated into design of new developments.

Proposal retains significant vegetation.

Yes

o vegetation along ridgelines and on hillsides should be retained and supplemented with additional planting to provide a backdrop to the waterway.

Existing landscaping will be supplemented by additional screen planting.

Yes

o a landscape plan is to be submitted with any land-based development proposal showing existing and proposed changes in


ITEM 2 (Continued)

Provision Proposal Compliance contours, surface and sub-

surface drainage, existing trees to be retained and removed, measures to protect vegetation during construction, and proposed planting including species. and common names.

Landscape plan submitted. Additional planting details are required by condition 2.

Yes

5.13 Swimming Pools • To minimise visual impact

when viewed from the waterway the following shall apply:

o not be cantilevered over waterway

Pool not cantilevered. Yes

o avoid reshaping of the terrain and removal of native vegetation or significant trees

Terrain shape retained around vicinity of pool.

Yes

o site away from native vegetation to avoid chemical splash

None impacted. Yes

o where pool protrudes beyond natural ground level use measures to minimise visual impact, including:

- landscaping to screen exposed sides of pool

Screening adopted. Yes

- colour and texture of materials to match natural elements such as tree trunks, stone, exposed sides of pool to match seawall

Screen planting condition will ensure that small portion of pool above NGL would not be visible from waterway.

Yes

City of Ryde Development Control Plan 2006: The following parts of DCP 2006 apply: Part 3.3 - Dwelling Houses and Duplex Buildings Part 7.2 – Waste Minimisation and Management Part 9.4 - Fencing The proposal is in compliance with the above parts of DCP 2006 as illustrated by the development standards below.


ITEM 2 (Continued)

Council's Code

Proposed

Compliance

Part 3.3 - Dwelling Houses and Duplex Buildings

Pool Coping Height Maximum 500mm above natural ground level

Pool coping is (max) 500mm above NGL.

Yes

Pool Setback Minimum 900mm to the boundary from the outside edge of the pool coping to allow for amenity screen planting.

The pool coping is set back a (min) 1m from each boundary. Landscaping is proposed along one of the side boundaries (west) and along the south elevation which faces the waterway. Although the eastern side boundary setback complies with the minimum, no landscaping is proposed along this side. This is not considered to pose any adverse privacy impacts as the pool is sited down the site and would not directly overlook any adjoining sites.

Yes

Pool Fencing Isolation fencing in accordance with Council requirements, the Swimming Pools Act & AS 1926.

Isolation fencing surrounds the swimming pool. Details of the height of the fencing has been conditioned in the consent.

Yes

Part 7.2- Waste Minimisation & Management

Submission of a Waste Management Plan in accordance with Part 7.2 of DCP 2006.

The applicant has submitted a Waste Management Plan in accordance with Part 7.2 of DCP 2006.

Yes

10. Likely impacts of the Development


ITEM 2 (Continued) (a) Built Environment There are no adverse privacy impacts for adjoining sites and the pool has been sited to retain the natural rock facing the waterway. The development is consistent with other developments of a similar nature. (b) Natural Environment The proposed pool will have no significant impacts on the natural environment. The site does not contain any significant vegetation. Consent condition 2 will require that the proposed screen landscaping reaches a mature height to conceal the portion of the pool that protrudes above natural ground level facing the waterway. 11. Suitability of the site for the development The site is not classified as a heritage item or subject to flooding. The site is identified as landslip. A condition of consent has been imposed that prior to a Construction Certificate a Geotechnical Engineer is to certify the proposed works are appropriately designed and detailed to minimise the probability of site instability (See condition 3). The proposal is considered to be suitable for the site in terms of the impact on both the existing natural and built environments. 12. The Public Interest The proposal is not considered to adversely impact upon the public interest. 13. Financial Impact Adoption of the option outlined in this report will have no financial impact. 14. CONCLUSION: The proposal has been assessed under the relevant provisions of Section 79(C) of the Environmental Planning & Assessment Act and is considered appropriate for approval subject to conditions. RECOMMENDATION:


ITEM 2 (Continued) (a) That Local Development Application No. 139/2007 at 9 Delmar Parade, Gladesville,

being LOT: 33 DP: 16334 be approved subject to the following conditions: 1. Development is to be carried out in accordance with the following plans

prepared by Donald Wilton and Associates Consulting Engineers:

• Swimming pool site plan drawing number 0705 sheet 1 issue C dated 8.3.2007.

• Longitudinal cross section drawing number 0705 sheet 2 issue B dated 8.2.2007.

• Shallow end cross section drawing number 0705 sheet 3 issue B dated 8.2.2007.

Note: See condition 29 for pool fencing requirements.

2. Landscaping: Planting species were not listed in the landscape plan. In

accordance with the Sydney Harbour DCP, landscape planting species are to consist of at least 50% native species.

Screen planting equivalent to one of the following is to be planted at 1.5m

centres across the rear of the pool, and maintained to at least the height of pool coping:

Acmena Smithii "Minor" Syzygium "Aussie Compacta" Murraya Paniculata

Plants should be at least 200mm diameter pot size at the time of planting.

These details are to be provided to the satisfaction of the PCA prior to the issue of a Construction Certificate.

3. Geotechnics: The site is located in a slope instability zone. Prior to the issue

of a Construction Certificate a suitably qualified Geotechnical Engineer is to certify that all of the proposed engineering works are appropriately designed and detailed to minimise the probability of site instability.

4. All building works are required to be carried out in accordance with the

provisions of the Building Code of Australia. 5. Compliance with the Building Code of Australia

a) All building work (other than work relating to the temporary building) must


ITEM 2 (Continued) be carried out in accordance with the requirements of the Building Code

of Australia (as in force on the date of the application for the relevant construction certificate or complying development certificate was made)

b) This clause does not apply to the extent to which an exemption is in force under clause 187 or 188, in the Environmental Planning and Assessment Regulations 2000, subject to any terms of any condition or requirement referred to in Clause 187(6) or 188(4).

6. Prior to commencing any construction works, the following provisions of the

Environmental Planning and Assessment Amendment Act, 1997 are to be complied with:

a) A Construction Certificate is to be obtained in accordance with Section

81A (2)(a) of the Act. b) A Principal Certifying Authority is to be appointed and Council is to be

notified of the appointment in accordance with Section 81A (2)(b) of the Act and Form 7 of Schedule 1 to the Regulations.

c) Council is to be notified at least two (2) days prior to the intention to commence building works, in accordance with Section 81A (2)(c) of the Act and Form 7 of Schedule 1 to the Regulations.

7. The applicant may apply to the Council or an accredited certifier for the issuing

of a Construction Certificate and to Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s. Council Officers can provide these services and further information can be obtained from Council by telephoning 9952 8222 (Customer Service).

8. Residential Building Work

a) Building work that involves residential building work (within the meaning

of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority for the development to which the work relates: i) in the case of work to be done under the Act: has been informed in

writing of the licensee’s name and contractor licence number and is satisfied that the licensee had complied with the requirements of Part 6 of the Act; or

ii) in the case of work to be done by any other person: has been informed in writing of the person's name and owner-builder permit number; or has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of “owner builder work” in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever


ITEM 2 (Continued) arrangements for the doing of work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

b) A certificate purporting to be used by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purpose of this clause, sufficient evidence that the person has complied with the requirements of that Part.

9. Excavations and backfilling:

a) All excavations and backfill associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

b) All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

10. Retaining walls and drainage. If the soil conditions require it:

a) retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided.

b) adequate provision must be made for drainage. 11. Support for neighbouring buildings. If the soil conditions require it:

a) If an excavation associated with the erection or demolition of a building

extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made: i) must preserve and protect the building from damage, and ii) if necessary, must underpin and support the building in an

approved manner, and iii) must, at least 7 days before excavating below the level of the base

of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

b) The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on an adjoining allotment of land.

c) In this clause, “allotment of land” includes a public road and any other public place.


ITEM 2 (Continued) 12. Protection of Public Places

a) If the work involved in the erection or demolition of a building is likely to

cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

b) If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

c) The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

d) Any such hoarding, fence or awning is to be removed when the work has been completed.

13. Waste Management Plan - Should you wish to vary the information provided

in the Waste Management Plan you submitted to Council with your Development Application involving demolition works, you are required to give written advice to Council of any changes. Part 7.2 of Development Control Plan 2006 sets out your obligations for waste management.

PRIOR TO CONSTRUCTION CERTIFICATE

14. A security deposit (category: dwelling houses with delivery of bricks or

concrete or machine excavation) is to be paid to Council (Public Works and Services Group) as well as the infrastructure inspection fee. Please refer to Council's Management Plan for the current fee amounts.

15. An Enforcement levy is to be paid to Council on lodgment of the

Construction Certificate application in accordance with the requirements of Council’s Management Plan (scheduled fees).

16. Documentary evidence of payment of the Long Service Levy under Section 34

of the Building and Construction Industry Long Service Payments Act 1986 is to be received prior to the issuing of the Construction Certificate.

17. Documentary evidence of compliance with Conditions 14 to 16 to the

satisfaction of Council or an accredited certifier is to be submitted to the Council prior to the issuing of the Construction Certificate.

18. The works must be carried out so that:

(a) No materials are eroded, or likely to be eroded, are deposited, or likely to be deposited, on the bed or shore or into the waters of the


ITEM 2 (Continued) Parramatta River; and (b) No materials are likely to be carried by natural forces to the bed, shore

or waters of the Parramatta River. Any material that does enter the Parramatta River must be removed immediately.

19. Best practice methods shall be adopted for the on-site control of runoff,

sediment and other pollutants during, and post, construction. Methods must be in accordance with the relevant specifications and standards contained in the manual Managing Urban Stormwater – Soils & Construction issued by the NSW Department of Housing/Landcom in 2004 and any other relevant Council requirements.

20. The erosion, sediment and pollution controls must be installed and stabilised

before commencement of site works. This does not include the works associated with the construction of the appropriate controls.

21. The erosion, sediment and pollution control system must be effectively

maintained at or above design capacity for the duration of the works and until such time as all ground disturbed by the works has been stabilised and rehabilitated so that it no longer acts as a source of sediment.

22. Any material that is to be stockpiled on site must be stabilised to prevent

erosion or dispersal of the material. 23. Any native trees that are removed during the works must be replaced

elsewhere on the site with a suitable replacement. Replacement trees are to be of locally indigenous species.

24. The foreshore must be fully protected for the duration of the works. This

includes preventing the storage of any machinery, materials, equipment, supplies, or waste receptacles within the inter-tidal area.

25. Access for delivery and removal of materials to and from the site is not to

make use of the waterway and the adjoining foreshore. 26. No works are to be undertaken on land owned by NSW Maritime (i.e. below

MHWM) without the relevant approvals being granted by NSW Maritime.

27. Landscaping of the development site is to be carried out in accordance with the landscape plan submitted with the development application prepared by Donald Wilton and Associates dated 8.2.2007 sheet 1 issue B. Also refer to condition 2 for planting species.


ITEM 2 (Continued) 28. Pool fencing: The pool fence is to be erected around the perimeter of the

swimming pool having an effective height of at least 1.2 metres at any point along its length on the outside of the fencing, fitted with a self-closing and locking gate (the latch of which is to be placed on the inner face in such a position as to be out of reach of small children). The pool fence is to be constructed in accordance with the provisions of the Swimming Pools Act, 1992 and Swimming Pools Regulation 1998. Details showing compliance are to be reflected on the plans submitted with the Construction Certificate.

29. Sydney Water. The approved plans must be submitted to a Sydney Water

Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the website www.sydneywater.com.au, see Your Business then see Building, Developing and Plumbing then Quick Check or telephone 13 20 92.

The consent authority or a private accredited certifier must ensure that a Quick

Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

30. The applicant is to submit to and have approved by Council or an accredited

certifier engineer’s details for all concrete work and structural steelwork prior to the issue of the Construction Certificate.

31. City of Ryde will not issue a Construction Certificate without evidence of

Home Owners Warranty / Owner Builder’s Permit being submitted to Council. 32. All retaining walls to excavated areas are to be completed at the earliest

possible stage and prior to the erection of the timber and masonry framework. Details are to be submitted to and approved by Council or an accredited certifier prior to the issue of the Construction Certificate.

PRIOR TO COMMENCEMENT

33. In issuing this approval, Council has relied on the information provided by you about the siting of the building/structure on the allotment. If this information is incorrect, it is your responsibility to correct the errors. It may be advisable to undertake a land survey prior to commencing any works.

34. ‘Dial 1100 Before You Dig’. Underground pipes and cables may exist in the

area.

http://www.sydneywater.com.au/


ITEM 2 (Continued) In your own interest and for safety, telephone 1100 before excavating or erecting structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au.

If alterations are required to the configuration, size, form or design of the

development upon contacting the Dial Before You Dig service, an amendment to the Development Consent (or a new development application) may be necessary. Council’s Assessment Officer should be consulted prior to the lodgment of an application for a Construction Certificate if this is the case.

35. Energy Australia. Underground and overhead electric cables may exist in this

area. In your own interest and for safety, telephone Energy Australia on 13 1525 before excavating or erecting structures.

36. Signage is to be provided on the site during the entire construction phase

signage shall be fixed on site identifying the PCA and principal contractor (the coordinator of the building work), and providing phone numbers.

Engineering Conditions to be complied with Prior to Commencement of Construction

37. Sediment and Erosion Control. The applicant shall install appropriate sediment control devices in accordance with an approved plan prior to any earthworks being carried out on the site. These devices shall be maintained during the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. This condition is imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site.

38. Compliance Certificate. A Compliance Certificate should be obtained

confirming that the constructed erosion and sediment control measures comply with the construction plan and City of Ryde, Development Control Plan 2006: - Part 8.1; Construction Activities

DURING CONSTRUCTION

39. The occasions on which building work must be inspected are:

a) at the commencement of the building work b) after excavation for, and prior to the placement of, any footings


ITEM 2 (Continued) c) prior to pouring any in-situ reinforced concrete building element d) prior to covering of the framework for any floor, wall, roof or other

building element e) prior to covering waterproofing in any wet areas f) prior to covering any stormwater drainage connections g) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request.

Prior to occupation of the building, an occupation certificate must be obtained.

Prior to the issue of the occupation certificate, the mandatory inspections must be carried out.

40. In addition to the mandatory inspections above, the following other stages of

construction are to be inspected by the Principal Certifying Authority or another accredited certifier approved by the Principal Certifying Authority:

a) Pool fencing installed prior to pool being filled with water. b) Landscaping, water depth markers displayed within the pool,

resuscitation poster being within plain sight of pool.

Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request.

41. In addition to the above-stated inspections, the Principal Certifying Authority is

required to ensure that adequate provisions are made for the following measures at each stage of construction, to ensure compliance with the approval and Part 8.2 of Council’s Development Control Plan 2006 for “Construction Activities”:

a) Sediment control measures. b) Tree Preservation and protection measures. c) Security fencing. d) Materials or waste containers upon the footway or road.


ITEM 2 (Continued) e) PCA and principal contractor (the coordinator of the building work)

signage and site toilets.

42. A suitable method of waterproofing is to be used in the construction of the pool.

43. Pool lighting (if installed) is to be arranged in such a manner as not to interfere

with the comfort and enjoyment of the neighbourhood. 44. The pool is to be kerbed and/or drained to prevent surface water gaining within

and at each end of the swimming pool. 45. Provide resuscitation chart containing warning “YOUNG CHILDREN SHOULD

BE SUPERVISED WHEN USING THIS POOL” located in the immediate vicinity of the pool area so as to be visible from all areas of the pool.

46. Water depth markers are to be displayed at a prominent position within and at

each end of the swimming pool. 47. The swimming pool shall be connected to the Sydney Water sewer for

discharge of wastewater. 48. The pool pump/filter is to be enclosed in an approved acoustic enclosure,

which will ensure that the noise emitted therefrom does not exceed 5dB(A) above the background noise level when measured at the nearest source of annoyance.

49. Only unpolluted water is to be discharged to Council’s stormwater drainage

system. 50. The L10 noise level measured for a period of not less than 15 minutes while

demolition and construction work is in progress must not exceed the background noise level by more than 20 dB(A) at the nearest affected residential premises.

51. All excavated material must be removed from the site. No fill is to be placed

above the natural ground level. 52. All demolition and all construction and associated work is to be restricted to

between the hours of 7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays.


ITEM 2 (Continued) 53. No spoil, stockpiles, building or demolition material is to be placed on any

public road, footpath, park or Council owned land. 54. Site toilets shall be provided in accordance with the WorkCover Code of

Practice entitled “Amenities for Construction Work”.

PRIOR TO OCCUPATION CERTIFICATE

55. Prior to occupation of the dwelling, landscaping of the development site is to be completed in accordance with the landscape plan/concept submitted with the development application prepared by Donald Wilton and Associates dated 8.2.2007 sheet 1 issue B. Also refer to condition 2 for planting species.

Engineering Conditions to be complied with Prior to Occupation Certificate

56. Sediment and Erosion Control. The applicant shall install appropriate sediment control devices in accordance with an approved plan prior to any earthworks being carried out on the site. These devices shall be maintained during the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. This condition is imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site.

57. Compliance Certificate. A Compliance Certificate should be obtained

confirming that the constructed erosion and sediment control measures comply with the construction plan and City of Ryde, Development Control Plan 2006: - Part 8.1; Construction Activities

OPERATIONAL

58. The pool pump is not to be operated between 8pm and 7am Mondays to

Fridays and between 8pm and 8am on Saturdays, Sundays and public holidays.

(b) That NSW Maritime be advised of Council's decision.

Liz Coad Michelle Phillips Manager Assessment Consulting Assessment Planner Environment & Planning Environment & Planning


ITEM 2 (Continued)

COPYRIGHT

© 2007 City of Ryde.© 2007 Land and Property Information NSW.

ALL RIGHTS RESERVED

No part of this map may be reproduced without written permission.

City of Ryde

139/2007Development Application

Civic Centre, 1 Devlin StreetRYDE NSW 2112

Locked Bag 2069NORTH RYDE NSW 1670

Tel: 9952 8222 Fax: 9952 8070

E-mail: [email protected]: www.ryde.nsw.gov.au

Scale: 1:1600 approx.

Date: 15/06/2007

11 9

47

10

8

10

45

336

55

2 13

3840

50

1

4681012

11

7 5 3

14

12

15

10

424648

39

37

35

33

31

4516

3

1

14

5351

49

29

27

25

23

21

19

17

15

1311 9

44

P W 1

PUBLIC RESERVE GG No 56 19/5/1978

BA

LUN

RES

ERV

E

Scotts CollegeRowing Shed

SHA

CLA

RE

ST

DEL

MA

R P

DE

DE

LMAR

PD

E

AMIENS ST

CLA

RE

AMIENS ST

CLA

RE

ST

1

DP

1633

4

DP 1104970

DP 324772

DP 16334

DP 16334

D

DP

721

496

DP

1633

4

812 13

732

32

27

30

31

26

34

23

5

4

32

1

9

36

88018

11

12A

13

10

16

1

17

17

1213

16

101

14

B

17

15

14

37

15

21

C

28

22

2425

29 21

33

6

35

20 19

11

WATERWAYSLEASEPlan 7550_1

WATERW

AYS

LEASE

Plan 6635_1

WATERWAYSLEASE

WATERWAYS

LEASE

Plan HH1085

WATERWAYSLEASEPlan 7162_1WATERWAYSLEASEPlan 7034_1

Site


ITEM 2 (Continued)


ITEM 3 9 DELMAR PARADE GLADESVILLE. Lot 33 in DP16334. Application pursuant to Section 96(1A) of the Environmental Planning and Assessment Act, 1979 to amend the approved Dwelling House. LDA No.130.3/2003. Applicant: P&A Eichorn. Owner: P&A Eichorn. Date lodged: 24 January 2007.

INSPECTION 4.20PM INTERVIEW 5.05PM

FILE NO. LDA03/130-02 Manager Assessment Reports 31 May 2007 The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary An application has been received to carry out modifications to the approved dwelling house that was over 4 levels. The modifications involve the removal of the upper level (containing a study), the deletion of an indoor swimming pool (now subject of a separate application), various internal alterations, minor works within the Foreshore Building Line associated with the pool and reducing the floor space by 24.31m2. The proposed modifications are considered to be substantially the same development in terms of the relevant provisions of the Environmental Planning and Assessment Act, 1979. During the notification period no submissions were received objecting to the development. The proposed modifications are mainly internal and will not impact on the privacy and amenity of the adjoining properties. The reduction in height is likely to improve their amenity. Reason for Referral to Development Committee: The application is referred to Committee as it contains minor work associated with the swimming pool application that is also being considered by the Committee. 2. Site (Refer to attached map.) Address : 9 Delmar Parade, Gladesville Site Area : 657.6m2

Frontage 11.49m Depth 45.72/47.855m


ITEM 3 (Continued) Topography and : There is no significant vegetation on the site. Vegetation The site slopes from Delmar Parade to Parramatta River. Existing Buildings : Part 1 and part 2 storey dwelling house as well as a

detached garage.

Planning Controls Zoning : Residential A in Ryde Planning Scheme 1979.

Other : Section 96(1A) of the Environmental Planning and Assessment Act, 1979

3. Proposal Modification, pursuant to Section 96 (1A) of the Environmental Planning and Assessment Act, 1979 of the approved dwelling house. The application seeks to modify the approved dwelling house by deleting the first floor level originally proposed as a study/office, add a connection to the lowest floor level for security and safety reasons and delete the indoor inground pool on the lower level. More specifically the amendments are shown on the following plans: Sub Floor & Level 1 plan • Deletion of indoor pool on sub floor level and provision of cellar, stairs and

storeroom resulting in a 7.05m² reduction in floor area. • Deletion of lift and linen cupboard on firs floor and provision of additional

storage resulting in an increase in 12.08m².

The nett change resulting from all changes is an increase of 5.03m².

Level 2, 3 & Roof plan• Deletion of the study (level 3) resulting in a reduction of 36.4m² of floor space as

well as one level. • Rearrangement of level 2 caused by the removal of the lift. All changes are

internal and do not increase the floor area. The windows remain the same. • The reduction in roof height by 2.5 – 3m by the deletion of the study. This

reduces the appearance from a 2 storey building to a 1 storey building when viewed from the street.

The nett results of the changes are to reduce the height by 1 storey and to reduce the floor space by 24.32m². It is also proposed to construct a retaining wall, garden bed, paving and pool fencing


ITEM 3 (Continued) in conjunction with the pool. This work is to be carried out in conjunction with the dwelling house and not the pool. The proposal work is within the foreshore building line and a SEPP 1 objection has been submitted. 4. Any Councillor Representations: Nil. 5. Background / Critical Dates The application to modify the consent was lodged on 23 January 2007. Following a preliminary assessment it was found that works (retaining wall, paving, pool fence, steps) were proposed within the Foreshore Building Line. The retaining wall is the only development allowed, with the other requiring a SEPP1 Objection for consideration. The applicant was requested on 2 February 2007 to submit a SEPP1 Objection. The objection was received on 7 February 2007. LDA 130/2003 was lodged to demolish the existing residence and erect a new dwelling house. A double garage and pedestrian entrance is proposed adjacent to Delmar Parade. The development will contain four levels. The sub floor will contain a bathroom only. Level 1 will contain 3 bedrooms, rumpus room, study, laundry and 2 bathrooms. Level 2 will contain kitchen, family room, lounge, dining room as well as a guest bedroom. Level 3 will contain a study only. On 3 June 2003 consent was issued for demolition, construction of a new 2 storey dwelling house with attached double garage subject to conditions including: 1. Development is to be carried out substantially in accordance with the Plans No.

1 to 7 drawn by Architex dated January 2003 and support information submitted to Council.

A Section 96 application was lodged on 5 August 2003 to raise the ground floor by 1050mm to allow disabled access from the street, reduce the floor to ceiling height so the overall increase in height is 590mm, install a lift and provide a minor extension of level 1 to allow connection to the lift. The application was approved on 4 May 2004 by modifying condition 1 to read. 1. Development is to be carried out in accordance with the plans drawn by

Architex and marked Set 6, Nos. 1, 2B, 3B, 4B 5A & 6 dated July 2003 and support information submitted to Council.


ITEM 3 (Continued) The property has since been sold and the present application is to meet the needs of the new owners and to reduce construction costs. On 18 August 2005 consent was issued to LDA 541/2004 for an inground swimming pool in the basement (sub floor) level of the new dwelling. LDA 139/2007 has been lodged for an inground pool at the rear of the dwelling. Its location is shown on the Section 96 plans for completeness but is not part of the application. A report recommending approval is to be considered at this Committee Meeting (see item 2). REPORT 6. Management Plan Linkages N/A. 7. Relationship to Key Outcome Areas People The City of Ryde is committed to being a socially sustainable City through effective community participation and the active application of social justice principles. The assessment of this development application meets the key outcomes for People in the Management Plan: • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship.

Application notified and residents comments sought. • A city that plans for people by identifying their diverse needs and involving them

in decision making to improve their quality of life.

Submissions considered in assessment of proposal.

Assets The City of Ryde is committed to continuing the delivery and maintenance of high quality and environmentally friendly buildings and infrastructure. This matter has no direct relationship to this key outcome area.


I TEM 3 (Continued) Environment The City of Ryde is committed to becoming and maintaining an ecologically sustainable City through the management of our natural and physical environment. The assessment of this development application meets the following key outcomes for Environment in the Management Plan: • Clean water through control of pollution entering our waterways and through

protection of these waterways. Controlled through conditions of consent. • Protected ecological systems and processes that support life and the

environment through actions that safeguard them.

Controlled through conditions of consent including pollution controls. Governance The City of Ryde is committed to effective decision making processes that ensure transparency and involvement of its community. The assessment of this development application meets the key outcomes for Governance in the Management Plan: • Improved communication with the community and increased awareness and

understanding of council’s decisions by the community. Applications notified and residents comments sought. • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. Applications notified and residents comments sought. • Compliance with all legislative requirements and statutory obligations. Controlled through conditions of consent. • An efficient and effective regulatory environment. Controlled through conditions of consent.


ITEM 3 (Continued) 8. Consultation – Internal and External Internal Referrals None were required External Referrals None were required 9. SUBMISSIONS: The proposal was notified in accordance with the Development Control Plan for Notification from 1 March 2007 until 19 March 2007. No submissions were received. 10. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance

Zoning

Residential A Mandatory Requirements

The proposed amendments are considered to be consistent with the applicable provisions contained within the Ryde PSO as these were considered in conjunction with the original application. The exception is clause 40 relating to Foreshore Building Lines, which is dealt with in the SEPP 1 Objection under (c) below.

(b) Matters for consideration pursuant to Section 96(1A) EPAA: The provisions of Section 96(1A) of the Environmental Planning and Assessment Act, 1979 allow a consent authority to modify the consent where the application meets the following criteria: (a) The modification is of minimal environmental impact. (b) The development to which the consent as modified relates is substantially the

same development as the development that was consented to originally. (c) The application has been notified in accordance with the regulations, if the

regulations so require.


ITEM 3 (Continued)

(d) Submissions made during the prescribed notification period have been considered.

The current approval provides for the demolition of the existing dwelling house and the erection of a new dwelling. The proposed modifications do not alter the approval to demolish & erect a new dwelling. While the height will be reduced by deleting the rooftop study, none of the key elements are changed. It is the opinion of Council’s consultant town planner that the modified development is substantially the same as the original, there will be minimal environmental impact and therefore the application can be considered on its merits. Section 96(1A)(c) is not relevant to the current application, as Council's notification policy (DCP 2006 Part 2.1) does not require notification. (c) Relevant SEPPs SEPP 1 – Development Standards Clause 6 of State Environmental Planning Policy No 1 – Development Standards (SEPP 1) provides that where development could, but for any development standard, be carried out, a person may make a development application, supported by a written objection that compliance with that development standard is unreasonable or unnecessary in the circumstances of the case, and specifying the grounds of that objection. Development standards include the Foreshore Building Line (FBL) that is a line 30m from Delmar Parade measured on both sides of the site. A retaining wall, paving, garden bed and swimming pool fencing are forward of the building line. Clause 40 allows Council to permit a retaining wall forward of the FBL after considering its probable aesthetic appearance. The retaining wall is about 500mm high and is situated between a rock retaining wall across the site and the rear of the proposed dwelling. It is some 25m from Parramatta River and will not be noticeable given the vegetation between it and the water. The other matters are only permissible if Council supports the SEPP 1 Objection. Clause 7 provides that if Council is satisfied the objection is well founded and is also of the opinion that the granting of consent is consistent with the aims of the policy it may grant consent notwithstanding the non compliance with the development standard. The aims, objectives etc of SEPP 1 are set out in Clause 3: This Policy provides flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those


ITEM 3 (Continued) standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5 (a) (i) and (ii) of the Act. The objects specified in section 5 (a) (i) and (ii) of the Act are: (i) The proper management, development and conservation of natural and artificial

resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment.

(ii) The promotion and co-ordination of the orderly and economic use and

development of land. The SEPP 1 Objection provides the following grounds of objection to the encroachment on the foreshore building line:

• Paving to enable access. The paving is at natural ground level and is 2.25m² (1.5 x 1.5m) and will not be visible from the waterway.

• Stairs to provide access. There are 7 stairs to provide access to the coping of the pool and of these 2 are within the FBL and would not be more than 300mm above the paving level.

• Swimming Pool fence. The fence is required if the pool that is subject of a separate application is approved. The fencing is non reflective glass with no framed support.

It is considered that the objection is well founded and can be supported. Council in exercising its discretion can be satisfied the granting of consent is consistent with the aims of SEPP 1, as it will allow the orderly and economic use of the land. (d) Relevant REPs The original DA was assessed against all relevant provisions of the state policies that applied at that time. These have now been consolidated into SREP – Sydney Harbour although the provisions are similar. In assessing this section 96 application against the provisions of the SREP no concerns specific to the amended plans have been identified. (e) Any draft LEP’s There are none that affect this application (f) Any DCP (e.g. dwelling house, villa) The provisions of the DCP (Part 3.3, Dwelling Houses & Duplex Buildings) were considered in the assessment of the original proposal. The only provision that is affected is the floor space ratio requirement. The original application had an FSR of


ITEM 3 (Continued) 0.486:1, which was increased to 0.5:1 by the subsequent Section 96 application. The present application reduces the floor space by 24.32m² to make the floor space ratio 0.49:1. The height is also reduced by 1 storey. 11. Likely impacts of the Development (a) Built Environment There are no changes in impacts on privacy as most work is internal or below the main level of the adjoining dwellings. The reduction in height by 1 storey will improve the views from residences on the other side of Delmar Parade. (b) Natural Environment The proposed modifications do not impact on the landscaping and other measures included in the original consent. 12. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. 13. CONCLUSION: The Section 96 modifications proposed comply with the provisions of Council’s Development Control Plan2006. The amendments do not raise any significant impacts to the adjoining residents or the neighbourhood in general but rather are likely to improve their amenity by the reduction in height. RECOMMENDATION: (a) That Council resolve the SEPP 1 Objection to the Foreshore Building Line

requirements of clause 40 of the Ryde Planning Scheme Ordinance is well founded and the granting of consent to the application is consistent with the aims of the policy.

(b) That the consent LDA 130/2003 to demolish the existing residence and erect a

new dwelling at 9 Delmar Parade, Gladesville be modified by the deletion of condition 1 and replacement with the following condition:


ITEM 3 (Continued)

1. Development is to be carried out substantially in accordance with the Plans No. SECO1B – SEC04B, SEC05A, SEC06B drawn by Architex and support information submitted to Council.

Liz Coad Manager Assessment Environment & Planning

Don J SmithConsultant Town Planner


ITEM 3 (Continued)

COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde

130.3/2003Development Application

Civic Centre, 1 Devlin StreetRYDE NSW 2112


Tel: 9952 8222 Fax: 9952 8070



Date: 15/06/2007

11 9

47

10

8

10

45

336

55

2 13

3840

50

1

4681012

11

7 5 3

14

12

15

10

424648

39

37

35

33

31

4516

3

1

14

5351

49

29

27

25

23

21

19

17

15

1311 9

44

P W 1

PUBLIC RESERVE GG No 56 19/5/1978

BA

LUN

RES

ERV

E

Scotts CollegeRowing Shed

SHA

CLA

RE

ST

DEL

MA

R P

DE

DE

LMAR

PD

E

AMIENS ST

CLA

RE

AMIENS ST

CLA

RE

ST

1

DP

1633

4

DP 1104970

DP 324772

DP 16334

DP 16334

D

DP

721

496

DP

1633

4

812 13

732

32

27

30

31

26

34

23

5

4

32

1

9

36

88018

11

12A

13

10

16

1

17

17

1213

16

101

14

B

17

15

14

37

15

21

C

28

22

2425

29 21

33

6

35

20 19

11

WATERWAYSLEASEPlan 7550_1

WATERW

AYS

LEASE

Plan 6635_1

WATERWAYSLEASE

WATERWAYS

LEASE

Plan HH1085

WATERWAYSLEASEPlan 7162_1WATERWAYSLEASEPlan 7034_1

Site


ITEM 3 (Continued)


ITEM 4 100 LANCASTER AVENUE, MELROSE PARK. Lot 50 DP 15965. Illegal Land Filling. Owner: D P & K L & P A & V D Jepson

FILE NO: P407.100 The Manager Health & Building Reports 7 June 2007 1. Report Summary This report is to inform Council of the current situation in relation to the removal of the unauthorised fill at No. 100 Lancaster Avenue, Melrose Park. 2. Background On 8 November 2005 Council adopted the following resolution: "That in respect of the recent court action concerning illegal land filling at 100 Lancaster Avenue Melrose Park Council received a further report to confirm that the orders of the court have been carried out." Since that time there has been ongoing discussions with the current owner to achieve compliance with the Court Order. 3. Report The Court Orders to remove unauthorized fill on the land are a result of the decision of Justice Pearlman, the Chief Judge of the Land and Environment Court, on 14 May 2001. The Chief Judge declared that:

1. The First and Second Respondents by themselves, their servants or agents carried out or caused development upon the land being Lot 50 Deposited Plan No. 15965 known as 100 Lancaster Avenue, Melrose Park and on the adjoining public land forming part of the Part of the Parramatta River (“the Land”) for the purposes of clearing vegetation, removal of soil, placing or tipping of fill, and the disposal of waste material including soil (“the Unauthorised Development”) without development consent, contrary to the Environmental Planning and Assessment Act 1979.

The Chief Judge then ordered that:

2. The First and Second Respondents by themselves, their servants or agents be restrained from carrying out the Unauthorised Development without obtaining development consent.


ITEM 4 (Continued)

3. Within sixty (60) days of the date of these orders, the First and Second Respondents remove from the Land all fill and other material which has been placed on the Land without development consent to a place where such fill and material may be lawfully placed and evidence be furnished to the Applicant of compliance with this order.

4. Within ninety (90) days of the date of these orders, the First and Second

Respondents re-grade the Land to re-establish the surface contours and soil and material that existed prior to the Unauthorised Development.

5. Within one hundred and twenty (120) days of the date of these orders, the First

and Second Respondents revegetate the Land in accordance with a revegetation plan prepared by an appropriately qualified expert to the satisfaction of the Applicant, and the First and Second Respondents maintain the vegetation in accordance with the plan for 5 years.

6. The First and Second Respondents have in place appropriate sediment control

devices to prevent pollution of the Parramatta River during the carrying out of the work referred to in paragraphs 3, 4 and 5.

The Chief Judge also ordered the respondents to pay Council’s costs. It was the previous owner’s intention to require the Department of Planning to acquire the portion of land that was reserved county open space and use the proceeds of the acquisition to fund the removal of the fill, to comply with the Court orders, and pay Council's legal costs. The acquisition of the above land was subject to agreement between Department of Planning and the previous owner. Prior to the settlement of the portion of land reserved county open space the owners entered into a contract to sell the property and it was settled on 23 August 2005, Council’s Legal Costs of $23,000.00 were fully recovered on 29 August 2005. As the property had changed ownership any agreement with Department of Planning was void. The Department of Planning will not force property owners into compulsory acquisition of land. Owners of the land must approach the Department of Planning and reach agreement. When the new owners took possession of the property, they immediately contacted Council in relation to the removal of the fill and the re-vegetation of the site. The new owners did not want to enter into an agreement with the Department of Planning to sell the portion of land zoned county open space.


ITEM 4 (Continued) The outstanding part of the Land & Environment Court Order is the removal of the fill and revegetation of the land as set out in the report prepared by Dr Hutching. On the 29 September 2006 staff from the Heritage Office and Ryde City Council visited the site as there were concerns that removal of the fill may inadvertently expose or damage the remains of a “log corduroy road” which leads to Major Lockyer’s Wharf. The remains of the stone wharf are still in situ below the high water mark. The site is not listed on any heritage register. The stone wharf and remnants of Corduroy Road within the tidal zone of the Parramatta River, has been surveyed by NSW Heritage Office Maritime archaeologists and is in the process of being listed on the State Heritage Register. On 6 December 2006, the owners submitted to Council Development Application No LDA 956/2006 to demolish the existing house and construct a new duplex. Submitted with the Development Application was a statement of Heritage Impact addressing the issue of Wharf and Corduroy Road. Part of the proposal was that upon the completion of the demolition of the dwelling it is planned to carry out the restoration works to satisfy the Land and Environment Court Orders at the same time as the excavation work for the duplex. This is the most cost effective way, for the owner, to remove the fill from the site, as there are no restrictions on the size of the machinery and trucks entering the site. 4. Management Plan Linkages Not applicable. 5. Relationship to key outcome areas. Assets The City of Ryde is committed to continuing the delivery and maintenance, with community participation, of high quality and environmentally friendly infrastructure facilities throughout the City, which contribute to the lifestyle of the community. This matter has no direct relationship to the key outcome area.


ITEM 4 (Continued) Environment The City of Ryde is committed to becoming an ecologically sustainable City through the professional management of our City’s natural and physical environment and the conservation of natural resources to ensure the health, diversity and productivity of the local environment is maintained or enhanced for the benefit of future generations.

• Protected ecological systems and processes that support life and the environment through actions that safeguard them.

When the site is returned to its natural state and the mangroves are re-established, the ecosystem will be maintained and the natural areas will be preserved. Governance The City of Ryde is committed to ethical and effective decision making processes that ensure full transparency and involvement of its community in the governance of the City.

• Compliance with all legislative requirement and statutory obligations. Council is in negotiations with the new owner to achieve full compliance with the orders of the Land & Environment Court. Financial Impact The adoption of the recommendations outlined in this report will have no financial impact, as Council’s legal costs have already been recovered. 6. Conclusion The owner is in negotiation with Council at present regarding the approval of the Development Application to demolish the existing dwelling and construct a new duplex. 7. Recommendation (a) That the report of the Manager Health & Building dated 7 July 2007, on the

current situation in relation to the unauthorised fill at 100 Lancaster Avenue, Melrose Park be received and noted.


ITEM 4 (Continued) (b) That if LDA 956/2006 is to be approved, a condition is to be placed on

development consent LDA 956/2006 stating that prior to the issue of the construction certificate the owner is to submit to Council a certificate from a registered surveyor confirming that the site has been remediated in accordance with the contour plans prepared by Drummond Parmenter Pty Ltd.

(c) That should LDA 956/2006 be refused by Council a further report be submitted

to Council on the options available to have the site remediated. Ken Nagle Manager Health & Building


ITEM 4 (Continued)

COPYRIGHT


ALL RIGHTS RESERVED


DISCLAIMER

This map has been compiled from various sources and the publisher and/orcontributors accept no responsibility for any injury, loss or damage arisingfrom its use or errors or omissions therein. While all care is taken to ensurea high degree of accuracy, users are invited to notify Council of any discrepancies.

City of RydeCivic Centre, 1 Devlin StreetRYDE NSW 2112


Tel: 9952 8222 Fax: 9952 8070



Date: 14/06/2007

92A

102A 106A104A

110A

108B

108

12

10

8

87

102 104

14

18

16

84A

100

98

96

94

92

90

83

85

5

7

9

11

13

15

17

19

21

23

25

27

29

88

86

84

82

80

78

76

74

72

70

68

66

64

1

62

60

3

157

81

79

67

69

71

73

75

77

65

89 1019997959391

1719212325272933

18

16

14

12

10

8

6

4

31

36

6

4

9

7

11

13

1

5

120118116114112110108A106

202

EW STK

ORPIE RESERV

E

PARKMELROSE

CO

BHAM

AVE

CROWLEY CRES

CO

BHAM

AVE

MAC

INTO

SH ST

LANCASTER AVE

DP 1107247

DP 533323

DP 15965

DP 1077248

DP 1058506

3

DP 1053851

DP 1041768

535959

DP 159DP 1041769

DP 15965

DP 883201

DP 15965

2411

540

541

81

3739

33

41

75

7977

57

200198

202

208

189

73

72

69

67

6160

6563

187188

190192

194

55

207 209 211

201

210

202

196

71

59

206

64

186

191

239

197

74

62

205

193

199

6866

45

203

213

284283

281

235

286285

212

282

201

510 2410

44

4748

530 242 246520

234236238

240

56

58

460

4950

276 243 245

237

70

244461

511 521 531

43

1

3

80

31

32

3436

9

3840

4278

76

30

35

2

Site

city of ryde development committee agenda 0907 19 june …...jun 19, 2007 · assets the city of...

Documents