development committee agenda no. 21/05, 6 …...2005/12/06 · recommendation: that the report of...

CITY OF RYDE DEVELOPMENT COMMITTEE

AGENDA NO. 21/05 The above Committee will meet on Tuesday, 6 December 2005 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, 13 December 2005. CONTENTS Item Property/Subject CONFIRMATION OF COMMITTEE REPORT...................................................... 1 2 14 CROSS STREET, RYDE. LOT: 25 DP: 9447. Representations as

to why an Order should not be served. INSPECTION 4.20PM & INTERVIEW 5.15PM .............................................. 2 3 80 CHAMPION ROAD, TENNYSON POINT. LOT: 2 DP: 942931.

Section 96 Application to modify development consent by deleting condition number 2 - install privacy screens. Screens to be replaced with balustrades to comply with BCA. Section 96 Application 1244.3/2003. Applicant: B Gardiner.

INSPECTION 4.35PM & INTERVIEW 5.20PM ............................................. 10 4 23 MORRISON ROAD, GLADESVILLE. LOT: 8 SEC: 4 DP: 69382.

Local Development Application for Demolition of Existing Buildings, Construction of 3 storey residential flat building (5 x 2 bedroom units) with basement carpark, and strata subdivision. LDA 525/2005. Applicant: Enviroplas Australia Pty Ltd.

INSPECTION 4.55PM & INTERVIEW 5.30PM .................................................. 15 5 78 AGINCOURT ROAD MARSFIELD. LOT: 1 DP: 515124. Local

Development Application for Commence a use - dance studio. LDA 280/2005. Applicant: Mrs Jennifer Engelmann ......................................... 61

CITY OF RYDE Development Committee Agenda No. 21/05 Page 1

ITEM 1 CONFIRMATION OF COMMITTEE REPORT RECOMMENDATION: That the report of the meeting of the Development Committee No. 20/05 held on 15 November 2005, be confirmed.


ITEM 2 14 CROSS STREET, RYDE. LOT: 25 DP: 9447. Representations as to why an Order should not be served.

INSPECTION 4.20 PM INTERVIEW 5.15 PM

FILE NO. P176.14 Manager Environmental Health and Building Reports 17 November 2005 1. Report Summary This report is for Council to consider if any further action should be taken in relation to the Notice of Proposed Order No. 2 Under Section 121B of the Environmental Planning and Assessment Act 1979 - to demolish the filtration plant and equipment from the property at 14 Cross Street, Ryde. 2. Background Letters of complaint were received from residents in Curtis Street and Cross Street Ryde, complaining about the unauthorized erection of a structure containing swimming pool filtration equipment at 14 Cross Street, Ryde, which is the property adjoining the Carlile Swim Centre. The installation of the new equipment included electrical wiring, gas pipes and a concrete slab, as well as an air-conditioning unit. The property at 14 Cross Street, Ryde, is in the same ownership as the Carlile Swim Centre at 16 Cross Street, Ryde. On 8 August 2005, a Notice of Proposed Order Under Section 121B of the Environmental Planning & Assessment Act 1979 was issued to demolish and remove the filtration plant and equipment from the property at 14 Cross Street, Ryde. 3. Report The Carlile Swim Centre at 16 Cross Street, Ryde, was approved by Council in 1962. The development consent was subject to two conditions that the pool was to be constructed to the satisfaction of the Chief Health Inspector and the Municipal Engineer. The pool has operated under these two conditions for around 43 years, and Council had received very few complaints about the premises until around 2001. Complaints have come from premises in Curtis Street, and Cross Street, raising concerns about noise, parking and the general operation of the business. In January 2005 Council received a complaint from a resident in Curtis Street, complaining about building works being carried out at the Carlile Swim Centre at 16 Cross Street, Ryde. Council’s officer carried out an inspection of the building and interviewed the builder as to what works were being carried out at the Centre.


ITEM 2 (Continued) The builder advised that he had been engaged by the Carlile Swim Centre to carry out refurbishment works to the existing swimming centre. He provided the officer with the following list of works that were to be carried out to improve the existing interior and general appearance of the building: - I. The scope of works originally being carried out include:

• Demolition of the existing defective single skin brick wall at the north end of

the pool building and replacing with a new brick veneer wall. This wall is in the exact same location and is replaced due for structural reasons.

• General repair or replacement of existing interior linings, including ceiling and wall villaboard and plasterboard.

• Joinery fitout. Provision of some new cabinets and cupboard units including new reception counter.

• Stripping out the male and female bathrooms of linings, partitions, fittings and fixtures and replacing with new, includes new ceramic tiling of walls and floors, and villaboard ceilings.

• Installation of new ceiling ripplesound acoustic ceiling to pool hall • Installation of new ducted air-conditioning system, with the A/C system unit

being installed externally on the site. The A/C unit decibel rating is similar to that of a domestic unit.

• Renewing of swimming pool plumbing and upgrading of existing filtration system.

• Repainting of all new and existing internal and external surfaces. • Removal and replacement of sections of deteriorated existing roof sheeting.

Minor landscaping works to improve existing garden beds. •

• New light fittings and electrical cabling. II. All of the proposed building works were to be within the existing building

envelope. Once the internal works had commenced, it was revealed that there was significant corrosion to the existing structural portal frames. The extent of the corrosion was so severe that a structural engineer was consulted. It was deemed that immediate repairs needed to be carried out to ensure the structural stability of the building. In carrying out the repairs certain elements of the building had to be demolished and removed so that proper access could be gained to the structural components and carry out the necessary repairs. Council received further complaints about the noise from the centre and the filtration plant on 14 Cross Street.


ITEM 2 (Continued) A Council officer interviewed the owners of the Swim Centre and the owners said they were prepared to carry out screening and noise abatement work. Council officers could not approve the works, as no approval had been given to locate the filtration plant at 14 Cross Street. It was agreed that the best course of action was for Council to issue a formal Notice and the owners of the Swim Centre could make representations to Council concerning that Notice. On 24 October 2005 Lindsay Taylor Lawyers, on behalf of the owners of 14 Cross Street, made representations to Council in relation to the proposed order, stating:

• "My client appreciates the additional time Council has provided to my client to respond to the notice of proposed order (proposed order).

• My client requests that the Council not proceed with issuing the order.

• Instead of the proposed order, my client asks that the Council consider

ordering my client to conduct certain ameliorative works which would eliminate any impacts the works may have on 12 Cross Street.

• The use of 14 Cross Street for the purposes of the swim school is

permissible development in the 2(a) residential zone. Accordingly, Council is requested to allow our client time to submit:

(a) a building certificate application for the unauthorised works which were

constructed on 14 Cross Street; and

(b) a development application for their future use for the purposes of the swim school.

• As Council is aware, the Carlile Swim Centre at 16 Cross Street, Ryde

(swim school) operates in accordance with a consent granted by Council on 27 March 1962 for a swimming training centre (1962 consent).

• The consent was continued in force by section109B of the Environmental

Planning and Assessment Act 1979 (EPA Act).

• The swim school was refurbished over Christmas 2004. The amenity and safety of the facility for the public was greatly improved as a result but certain structural maintenance was necessary. During the refurbishment works, for safety and health reasons, it was determined that it would be necessary to upgrade and relocate the filtration, heating and disinfection equipment from inside of the pool building.

• · As the property at 14 Cross Street is owned by my client, a decision was

made to place that equipment adjacent to the western boundary and partly in a refurbished plant room also located on 14 Cross Street.


ITEM 2 (Continued)

• The equipment and refurbished structure replaced four existing dilapidated structures located on 14 Cross Street. I understand that these existing structures previously contained waste water efflux and chemicals for the swim school.

• Associated with the installation of the new equipment on 14 Cross Street, an

extensive amount of electrical wiring and some gas pipes were installed under a new concrete slab placed on 16 Cross Street in the courtyard/rest area. An air conditioning unit to service the swim school building was also installed near the southern boundary on 14 Cross Street.

• My client was of the belief that the fact that 14 and 16 Cross Street were in

related ownership enabled the placement of the equipment 14 Cross Street without any further approval. Nevertheless, the completed refurbishment has greatly improved the amenity and safety of the facility and its appearance from the public domain.

• The proposed order would clearly involve a significant adverse and

unnecessary impact on the swim school.

• Firstly, it would require the relocation of the equipment. I am instructed that there will be insufficient room to relocate the filtration, heating, disinfection and air conditioning equipment without generally compromising the pleasant ambience of the recently refurbished courtyard/rest area used by patrons.

• The relocation of the equipment would also necessitate the closure of the

swim school for a long period. This would, in turn, cause considerable inconvenience to the community for services which Council is aware are in very high demand.

• It seems to me that if any planning impacts of the works can be appropriately

addressed, Council should be disposed to dealing with the matter in that way rather than by requiring the equipment and structure to be removed. "

Council then forwarded the representation to Pike, Pike & Fenwick Solicitors to seek legal advice on the request of Council to consider regularizing the use of 14 Cross Street Ryde, and a development application for the future use of this property for the purpose of a swim school. Pike, Pike & Fenwick responded to Council’s request on 9 November 2005. Their letter is CIRCULATED UNDER SEPARATE COVER.


ITEM 2 (Continued) They state:

• "The use is permissible in the residential 2 (a) zone.

• The proposed resolution by way of an application for a building certificate and development application for continuation of the use upon 14 Cross Street is an acceptable legal way of attempting to resolve the matter.

• Whether or not Council should approve such a development application and

building certificate would depend upon Council’s planning officer’s detailed assessment of the proposal in light of the local resident’s complaints."

The person most affected by the construction of the filtration plant is the owner of 12 Cross Street, and they have submitted a letter of support for screen planting and noise attenuation works. 4. Management Plan Linkages N/A 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 this key outcome area. 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. Placement of acoustic panelling to the existing metal louvers on the western side of the swim centre building would improve the environment of the rear open deck. 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 requirements and statutory obligations.


ITEM 2 (Continued) Council has followed the order process set out in Section 121B of the Environmental Planning and Assessment Act 1979. 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. A City in which its citizens work together to improve the quality of life and enhance community wellbeing through improved networks and services. • The dignity, aspirations, and rights of residents are responded to. The report has considered the issues raised by the local residents in the submissions that have been received. 6. Financial Impact Council’s Health and Building area has a legal budget of $25,000. Should this matter proceed to a fully defended two (2) day hearing, the likely cost for legal services will be approximately $16,000 including GST but not including consultant’s fees, should specialist advice or further investigation be required as a result of legal advice in defending an appeal. The actual costs may vary depending on the circumstances such as:

• The number of issues and complexity of the matter.

• The extent of pre-trial procedures undertaken by the owner of the property. 7. CONCLUSION Council has to consider the impact of the installation of the filtration equipment and noise on the amenity of the adjoining property owner at 12 Cross Street. The owner of 14 Cross Street is proposing ameliorative works in the form of landscape screening within the rear yard of 14 Cross Street and intersecting the view lines from 12 Cross Street, consisting of a 2.7 to 3.3 metre high angled screen fence surrounded by 4 existing and two additional mature lilly pilli trees (to the west) and (4) Leyland cypress trees (to the east). To reduce the noise impact it is proposed to construct a post and rail and acoustic panel barrier (2.1 metres high) located adjacent to the eastern end of the courtyard and rest area and acoustic panelling to the existing metal louvers on the western side of the swim centre building. The owner of 12 Cross Street has supported the proposed ameliorative works provided they substantially achieve their aims.


ITEM 2 (Continued) Under Section 121ZG of the Environmental Planning and Assessment Act Council has discretion and may revoke an order at any time. When exercising such discretion Council would need to take a number of factors into consideration, such as the seriousness of the breach and the likely outcome of any legal proceedings. As the owner of the swim centre is proposing to carry out ameliorative works, Council could order the carrying out of such works as an immediate measure to remedy any adverse impacts on 12 Cross Street. Under Section 1210 of the Environmental Planning and Assessment Act, development consent is not required to comply with an order issued by Council. Under Section 121K of the Environmental Planning and Assessment Act, Council after considering representation made concerning the proposed order may give an order in accordance with the proposed order. If Council decided to give an order, the owner of No. 14 Cross Street may appeal to the Land and Environment Court against the order. Should the owner of 14 Cross Street exercise these rights and lodge an appeal it would be extremely difficult for Council to mount a successful defence in view of the legal advice that has been obtained from Council’s Solicitors. RECOMMENDATION: (a) That Council issue a new order under the Environmental Planning and

Assessment Act on the owner of 14 Cross Street, to require the screening and noise attenuation work to the swimming pool filtration equipment to be carried out within a period of 28 days.

(b) That on completion of the above works the Notice of Intention to Give an

Order dated 8 August 2005 issued on the owner of 14 Cross Street to be revoked.

(c) That the owner of 14 Cross Street be requested to make an application for a

Building Certificate for the unauthorized works at 14 Cross Street. (d) That the owner of 14 Cross Street be advised that a formal development

consent is required by Council for any future works on the premises at 14 Cross Street or 16 Cross Street, Ryde.

(e) That the persons who made complaints be advised of Council’s decision. Ken Nagle Manager Environmental Health & Building


ITEM 2 (Continued)

Site

COP YRIG HT

© 2 00 5 City of Ryd e.© 2 00 5 La nd a nd Pro pe r ty I nfo rma tion N SW.

ALL RI GHTS R ESERVED

No pa rt of th is ma p ma y b e re pr od uce d with ou t wr itte n pe rm iss ion .

DISC LAIMER

This ma p ha s b ee n comp iled fr om v ar iou s so u rce s a nd th e pu blis he r a nd /o rco ntr ibu to rs acc ep t n o re spo ns ibility fo r a n y in jur y, lo ss or d amag e ar isingfr om its us e o r er ro rs or o mis sio ns t he re in. W hile all ca re is ta ke n to en su rea h ig h d eg re e of ac cur ac y, u se rs ar e in vite d to no tif y Co un cil o f a ny di scre pa n cies .

City of RydeCivic 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

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Scale: 1:1600 approx.


ITEM 3 80 CHAMPION ROAD, TENNYSON POINT. LOT: 2 DP: 942931. Section 96 Application to modify development consent by deleting condition number 2 - install privacy screens. Screens to be replaced with balustrades to comply with BCA. Section 96 Application 1244.3/2003. Applicant: B Gardiner.

INSPECTION 4.35PM INTERVIEW 5.20PM

FILE NO. LDA03/1244 Group Manager Environment and Planning Reports 28 November 2005 1. Report Summary This report considers the outcome of 2 meetings with the applicant and neighbours as required by the Council resolution of 13 September. This Section 96 application proposes to delete condition no. 2 from the original consent, which stated that the applicant had to install suitable privacy screens to the sides of the rear decking. The proposal asks to replace the privacy screens with balustrades that comply with the Building Code of Australia. The deck has been constructed and the balustrades have been erected to all sides, due to the height of the deck off the natural ground level. Reason for Referral to Development Committee: Resolution of the Council. 2. Site (Refer to attached map.) Address : 80 Champion Road, Tennyson Point Site Area : 1158.30m2

Frontage 16.08m Depth approximately 72.8m Topography and Vegetation : Waterfront property, sloped to the rear Existing Buildings : Dwelling house, pool and jetty Planning Controls Zoning : Residential 'A' Other : Dwelling Houses & Duplex Buildings DCP 17A


ITEM 3 (Continued) 4. Background / Critical Dates At its meeting of 13 September 2005 the Council considered an application to delete a condition of consent which required privacy screens to be erected on a deck. A Development Application for alterations and additions to the rear of a dwelling, including a 3.75m extension to the first floor rear deck, was approved on 3 March 2004. Since then two (2) applications to modify the approved plans have been received. The first involved the deletion of some windows, changes in window sizes and some minor internal changes and was approved on 22 April 2005. The current application was lodged on 7 July 2005 and is for the deletion of condition 2 of the original consent.

2. Suitable privacy screens to the sides of the rear decking are to be

provided to reduce the direct overlooking of the private open spaces of the adjoining properties. Details are to be submitted and approved by Council or an accredited certifier prior to the issue of a Construction Certificate.

The neighbour on the northern boundary stated that they believe that there will be no impact on their property and asked that the screen not be erected on their side of the property (adjoining 78 Champion Road). Council Officers recommended a compromise position to allow for the privacy screen to be deleted on this boundary, but constructed on the southern boundary (adjoining 82 Champion Road), to an approved height of 1.5m. At the site meeting and the Development Committee, the applicant indicated that they were opposed to the screen and the neighbours at 82 Champion Road felt that the screen should be provided. Council resolved:

(a) That consideration of this matter be deferred for the Group Manager – Environment & Planning to meet with the applicant and objector to find a suitable solution to maintaining privacy that is acceptable to both parties.

(b) That the Group Manager – Environment & Planning submit a further report

following the meeting between the parties referred to in (a) above. REPORT Following the Council resolution, 2 meetings were held, one at the Civic Centre and one on site. No agreement was reached, and 5 alternatives were explored.

• Alternative 1 – Build the screens as per the condition of consent

• Alternative 2 – (proposed by the Group Manager) Erect a 1.5m high screen for half the length of the deck.


ITEM 3 (Continued)

• Alternative 3 – Erect a 1.5m high screen along the full length of the deck, with 450 angled louvers (proposed by the neighbours)

• Alternative 4 – Erect a railing 1.5m inside the current balcony railing (proposed

by the applicant)

• Alternative 5 - Erect a railing 2m inside the current balcony railing (proposed by the applicant)

Alternatives 2,3,4 and 5, alter the angle of view and improve privacy. 5. Management Plan Linkages N/A. 6. Relationship to Key Outcome Areas This was discussed in the previous report to the Development Committee, which is CIRCULATED UNDER SEPARATE COVER. 7. Consultation – Internal and External None required 8. Submissions: This was discussed in the previous report. 9. Policy Implications This was discussed in the previous report. 10. Likely impacts of the Development This was discussed in the previous report. 11. Suitability of the site for the development This was discussed in the previous report. 12. The Public Interest None required in this instance. 13. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact.


ITEM 3 (Continued) Other Options None. 14. CONCLUSION: As no agreement has been reached the matter has been referred to the Development Committee for consideration. The neighbours at 82 Champion Road have requested that the Councillors view the privacy issue from their home. Arrangements have been made for the Councillors to visit both properties so that the privacy impacts can be fully considered. RECOMMENDATION: For the consideration of the Council. Sue Weatherley Group Manager Environment & Planning


ITEM 3 (Continued)

Indicates submissions received

COPY RIGHT

© 2005 City of Ryde.© 2005 Land and Propert y Information NSW.

ALL RIGHTS RES ERV ED

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

City of Ryde

Development Application1244.3/2003

Civic Centre, 1 Devlin StreetRYDE NSW 2112


Tel: 9952 8222 Fax: 9952 8070


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Date: 29/08/2005


Site


ITEM 4 23 MORRISON ROAD, GLADESVILLE. LOT: 8 SEC: 4 DP: 69382. Local Development Application for demolition of existing buildings, construction of 3 storey residential flat building (5 x 2 bedroom units) with basement carpark, and strata subdivision. LDA 525/2005. Applicant: Enviroplas Australia Pty Ltd.

INSPECTION 4.55PM INTERVIEW 5.30PM

FILE NO. LDA05/525 Manager Assessment Reports 23 November 2005 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 a proposal to demolish the existing buildings and erect a residential flat building containing 5 x 2 bedroom units, and strata subdivide the completed development. The building will be 3 storeys in height over 1 basement level of parking containing 8 parking spaces (7 resident and 1 visitor), with vehicular access from Morrison Rd. The development has been assessed in terms of Council’s Residential Flat Building Code, and there are areas of non-compliance in terms of site requirements (allotment size and frontage), setbacks from front, secondary street and side/rear boundaries, and window separation from adjoining buildings. However, on balance, it is considered that the effects of these non-compliances are minimal and they do not warrant refusal of the application. 2 objections were received in relation to the development. None of the issues raised warrant refusal of the application or amendments to the design. The development is recommended for conditional approval. Reason for Referral to Development Committee: Submissions and nature of the proposed development. 2. Site (Refer to attached map.) Address : 23 Morrison Road, Gladesville Site Area : 502m2

Frontage 16m to Morrison Rd Depth 31.49m (= frontage to Linsley St)


ITEM 4 (Continued) Topography and Vegetation : The land slopes down to the south (i.e. the corner of

Morrison Rd and Linsley St) and contains no significant vegetation.

Existing Buildings : Dwelling and sheds (all to be demolished). Planning Controls Zoning : Residential 2(c5) under the Ryde Planning Scheme

Ordinance (RPSO) Other : RPSO Mandatory Provisions Residential Flat Building Code DCP 37 – Access for People with Disabilities. Section 94 Contribution Plan SEPP 65 – Design Quality of Residential Flat

Development DCP 45 – Energy Smart, Water Wise DCP 27 – Waste Minimisation and Management 3. Proposal

• Demolition of dwelling house and ancillary structures (sheds and garage) • Erection of 3 storey residential flat building containing 5x2 bedroom units,

with basement parking for 8 vehicles below (7 resident and 1 visitor). The development is to be constructed with 2x2br units on each of the ground and 1st floor levels, and 1x2br unit covering the entire 2nd floor level.

• Strata Subdivision of the completed development. 4. Background Proposals to develop the subject land with a new residential flat development have been made since March 2003, when LDA 286/2003 was lodged for a 3-storey town house style residential flat development containing 3x4br units. This application was refused for various reasons including non-compliance with the RPSO, poor quality of courtyards (especially overshadowing by adjoining developments), and drainage design not being in accordance with Council’s DCP 41 – Stormwater. On 10 August 2004, LDA 717/2004 was lodged for a 3 storey residential flat building containing 2x3br townhouses. This application was approved by Council’s Development Committee on 2 November 2004, however since that time the applicant for that DA has not taken any steps towards acting upon that consent (i.e. no lodgement of a Construction Certificate etc).


ITEM 4 (Continued) Since then, the applicant has pursued a “walk-up” style of residential flat development with the current DA for 5x2br units. The applicant had pre-lodgement meetings with Council’s staff in May 2005, and as part of these it was advised that large (>180m2) townhouses are not financially viable in an older residential area, hence the application for a more typical walk-up style of development. Prior to lodging the current DA, the applicant attended a pre-lodgement meeting with Council’s staff on 19 May 2005. The issues raised during the pre-lodgement meeting were: • Car parking and access issues (proximity to intersection of Linsley St and

Morrison Rd, vehicle manoeuvring, and disabled access) • Compliance with SEPP 65 • Landscaping • Drainage (compliance with DCP 41 required). • Disabled access report to be submitted with the DA. • Section 94 contributions The applicant has addressed all of the issues raised in pre-lodgement, as will be discussed later in this report. 5. Management Plan Linkages N/A 6. Relationship to Key Outcome Areas Assets The assessment of this development application meets the following key outcomes for Assets (set out on page 27 of the Management Plan 2005-2008): • Footpaths, cycleways and roads that are well maintained and designed to

enable the safe use by all users. • New buildings that are functional, attractive and designed to minimise their

impact on the environment. • Stormwater infrastructure that is well maintained and designed to enhance

public safety and amenity. Comment: New footpaths and stormwater infrastructure is to be provided as conditions of consent – see conditions 57, 58, 68. It is considered that the new building is functional, attractive and designed to minimise impact on the environment. Also, condition 52 require an increase in the corner splay to improve sightlines.


ITEM 4 (Continued) EnvironmentThe 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. The assessment of this development application meets the following key outcomes for Environment (set out on pages 35-36 of the Management Plan 2005-2008): • Social and economic needs are met in a way that does not harm the

environment. • A leafy City through parks, gardens, trees and the built environment. • There are systems and processes in place that measure our impact on the

environment and take action when our environment is threatened. • Well designed places and spaces that minimise personal harm and where

people interact with each other, so that crime is reduced. Comment: The development has been assessed using the heads of consideration listed in Section 79C of the Environmental Planning and Assessment Act 1979 which requires consideration of social and economic impacts, the natural and built environment. See Section 9 and 10 below. 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. The assessment of this development application meets the key outcomes for Governance (set out on pages 47-48 of the Management Plan 2005-2008): • Improved communication with the community and increased awareness and

understanding of council’s decisions by the community. • Compliance with all legislative requirements and statutory obligations. • An efficient and effective regulatory environment. Comment: The assessment of this DA has met these key outcomes through carrying out notification procedures as per Council’s Notification DCP, and assessment of the DA under Section 79C of the Environmental Planning and Assessment Act 1979.


ITEM 4 (Continued) 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. A City in which its citizens work together to improve the quality of life and enhance community wellbeing through improved networks and services. The assessment of this development application meets the key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008): • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. • The arts, culture, economy, environment, housing, leisure and public health of

our community are positively and proactively influenced. • Growth and benefits for the community are demonstrated through the

provision of employment, economic and academic opportunities. • The dignity, aspirations, and rights of residents are responded to. Comment: The assessment of this DA has met these key outcomes through carrying out notification procedures as per Council’s Notification DCP, and assessment of the DA under Section 79C of the Environmental Planning and Assessment Act 1979. 7. Consultation – Internal and External Internal Referrals Development Engineer: Raises no objection subject to conditions 52-79. In addition to issues regarding built form covered in the assessment under the RFB Code, the location of the site on a corner raises issues of sight distance/traffic safety. With regard to this issue, Council’s Development Engineer has provided the following comments:

"The proposed on site detention basin on the corner of Morrison Road and Linsley Street requires the construction of a retaining wall on the property boundary. The landscape plan indicates fairly dense planting behind this wall which will potentially limit sight vision for vehicular and pedestrian traffic at this intersection. To facilitate safe movements at the intersection it is suggested that a 3 metre by 3 metre splay be provided on the corner. This will have an impact on the on site detention basin, however it may be better to compromise on the volume provided in the basin to provide this sight distance.


ITEM 4 (Continued)

The amended plan for the on site detention basin may be submitted with the construction certificate. Additional condition: Splay Corner Dedication The applicant shall at no cost to Council dedicate as public road a splay corner 3 metres by 3 metres at the junction of Morrison Road and Linsley Road."

(See condition 52). Landscape Architect:

"The site contains no significant vegetation other than a collection of noxious weeds including:

African Olive (Olea africana) Large Leaf Privet (Ligustrum lucidum) Camphor Laurel (Cinnamomum camphora)

The landscape plan proposes the planting of only two trees across the whole development (and one additional street planting of Brushbox). Certainly the density of tree planting and selection could be increased to be more in keeping with the requirements of the DCP, in terms of providing a suitable level of amenity: Ensure that trees and shrubs have an informal and softening effect on the development and the overall environment, with trees and shrubs planted in sufficient numbers and scale to achieve this aim (p16 Residential Flat Building Code)

My only other comment in terms of the code would be the lack of provision of common open space, which according to the code should be located behind the front setback and provide “internal aspect”. The majority of ground-floor open space is set aside as private open space for the two ground floor units, which given the small size of the development is probably an acceptable arrangement and utilization of the available space. With regard to the proposed street planting of Brushbox, I am not sure if Urban Landscapes has commented but the planting of large trees such as Brushbox under overhead power lines is unlikely to be supported, and maybe should be substituted with a more suitable species.


ITEM 4 (Continued)

Conditions Landscaping of the development site is to be carried out in accordance with the landscape plan/concept prepared by Ray Fuggle and Associates Issue A, dated 14th July, 2005 submitted with the development application, except as amended by the following conditions: i. An additional 3 tree specimens are to be planted (one each on the

Linsley St and Morrison Rd frontages and one on the corner (the Crepe Myrtle is to be deleted), and they should achieve a mature height of 7-9m and therefore be in scale with the development. Services should be laid so as to allow for tree planting and future tree growth, and tree root barriers should be installed where walls or driveways are in close proximity. "

Condition 3 has been imposed to address the comments of the Landscape Architect. External Referrals Nil. 8. Submissions: The proposal was advertised and notified in accordance with the Development Control Plan for Notification. The application was advertised on 3 August 2005. Notification of the proposal was from 4 August until 18 August 2005. 2 submissions were received. The issues raised in the submissions were: The development’s height will cause significant overshadowing in the winter months. Comment: As indicated in the shadow diagrams submitted with the DA, the shadows from the development will fall mainly on the road (because the site is on the north-western corner), and should therefore not significantly impact upon any adjoining property. The height of the development is considered excessive for the size of the block, and is not in keeping with the neighbouring flats. Comment: The proposed development has a maximum height of 9.56m, which complies with the 11m height limit for 3 storey residential flat buildings. The proposal is also significantly lower than the existing buildings to the north and west. No planning objections are raised to the height of the development. 5 units on the site will add to the heavy car traffic in Linsley St, which is significantly used by pupils of Gladesville Public School. Comment: According to the RTA’s Guidelines for Traffic Generating Developments, a 5 unit residential flat development with “small units” (i.e. up to 2 bedrooms) would potentially generate up to 25 daily vehicle trips (2.5 in the peak hour). This would only be considered to be a moderate increase in traffic compared to the existing volumes carried by Morrison Rd.


ITEM 4 (Continued) Because the site is a corner allotment, issues are raised regarding sight distances for drivers. A splay corner will be required to be dedicated (see condition 52), to ensure that the development’s retaining walls on the boundary, as well as landscaping, do not impede driver’s sight distance. This is discussed further under the Development Engineer's referral above. Does the building comply with boundary setback requirements? Comment: The development does not comply with the front, secondary and side/rear setback provisions of the RFB Code, as discussed in Section 9 of this report below. However, as discussed below, the non-compliance is considered acceptable in the context of the site. The privacy (of the development to the north) will be affected by the development. Comment: Privacy issues are discussed in Section 9 of this report. It is considered that the development proposes a reasonable design solution which will reasonably preserve the privacy of occupants of both this development and the adjoining development, having regard to the zoning of the property which allows residential flat developments up to 3 storeys in height, and also having regard to the close setbacks of existing buildings on adjoining allotments. The development will cause a loss of views. Comment: The only reason why the adjoining property presently enjoys a view is because the owner of the subject property has not developed his property to its potential under the zoning of the land, which allows residential flats up to 3 storeys in height. Under these circumstances it would not be reasonable to expect that the existing view will remain in perpetuity. There is already a DA approval given for a development which did not comply with Council’s requirements. Has this (previous) DA been withdrawn? Comment: The previous DA has a valid development consent issued on 2 November 2004, but which has not been acted upon. Should this current DA be approved, it is recommended that a condition be imposed requiring the surrender of the previous consent (see condition 51). Council regulations should be in place to protect and benefit the community at large. Development which does not comply with such requirements should not be approved, and it would be disturbing for another development, which does not meet Council’s own requirements, to be approved after a previous non-complying DA was approved. Comment: Planning controls in DCPs/Codes/Council policies may be varied if an acceptable planning outcome can be achieved. This is considered to be the case in this development.


ITEM 4 (Continued) 9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance Zoning Residential 2(c5). The proposed development is permissible with consent. Mandatory Requirements The following table summarises the compliance with the statutory requirements of the Ryde Planning Scheme Ordinance:

RYDE PSO Proposal Compliance Cl. 34(4) Must consider DCP adopted by Council.

Residential Flat Building Code

Considered

Cl. 46 – Site requirements • 840m² requirements • 24m frontage

502m² 16m

No1

No1

Cl 55 – Density Control and Landscaped Area • Density:

100m2 req’d per 2br dwelling = 5x100m² Total Site Area Required = 500m2

• Landscaped Area 40m2 req’d per 2br dwelling = 5x40m2 Total Landscaped Area Required = 200m2

502m2

261m2

Yes

Yes

Cl. 56 – Parking Requirements (NB Site is within 400m of Victoria Rd) • Parking Requirements:

1.2 spaces per 2br dwelling (5x1.2 = 6) 1 visitor space per 4 dwellings (5 units/4 = 1.25) Total Parking Required: 6 resident and 1.25 visitor spaces = 7.25 say 8 spaces

7 Spaces

1 Spaces TOTAL = 8

spaces

Yes

Notes from Table Above:

1. Site Area & Frontage: The applicant has submitted an objection under SEPP 1, which states that compliance with these development standards is unreasonable and unnecessary in the circumstances of the case on the following grounds:


ITEM 4 (Continued)

“1. The site is an isolated property in that the adjoining properties have already been developed for residential flat building purposes. 2. The site is a corner property. Accordingly, the impact of the proposal upon adjoining properties is minimized given that it only shares 2 common property boundaries with 2 rather than 3 other residential properties. 3. The proposal makes a significant contribution towards the urban consolidation objectives of the NSW Government and makes better use of existing facilities and services in the locality. 4. The proposal being visually interesting and contemporary in architecture will make a positive contribution to the streetscape. 5. The design, bulk, scale, size, siting of the proposed building is contemporary to that of the adjoining residential flat buildings. 6. The proposal has been provided with adequate setbacks and landscaped areas to satisfy the amenity needs of the prospective residents of the development and that of the adjoining developments.”

The land is an isolated property, and there have been numerous recent examples within the City of Ryde (e.g. 98 Station St, 698 Victoria Rd, 5 Gowrie St, 2 Beazley St) where developments have been approved on similarly-sized allotments which are isolated because of substantial developments on adjoining land, and which do not comply with the site area and frontage requirements in similar circumstances, but which still result in a reasonable quality development outcome. Although there is non-compliance in terms of setbacks and site requirements, the proposed development will provide an acceptable built form, and (as discussed below) the proposal has incorporated the recommendations of the Urban Design Review Panel. The development is considered to provide a good quality of residential flat development, notwithstanding the non-compliance with the site requirements. As noted previously in this report, Council has previously granted approval for a 2x3br, 3 storey townhouse style residential flat development on the land in November 2004, and this development also did not comply with the RPSO in terms of site requirements (allotment size and frontage), as well as the Residential Flat Building Code in terms of setbacks (i.e. front setback to Morrison Rd, secondary setback to Linsley St, and side/rear setbacks to both the northern and western boundaries). It is considered that the applicant’s SEPP 1 submission is worthy of support, and no planning objections are raised to the non-compliance with the site requirements in the circumstances of the case.


ITEM 4 (Continued) (b) Relevant State Environmental Planning Policies State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development SEPP 65 was gazetted on 26 July 2002, and must be considered in the assessment of development applications. Clause 30 requires the following matters to be taken into consideration: - Clause 30(2)(a) - The advice of the relevant Design Panel. The DA was referred to Council’s Urban Design Review Panel on 15 June 2005 (i.e. prior to the lodgement of the DA), and their assessment of the development proposal is discussed in the following section. Clause 30(2)(b) - The design quality of the residential flat development when evaluated in accordance with the design quality principles. The following are the comments of Council’s Urban Design Review Panel in relation to the design quality principles are listed in clauses 7-18, Part 2 of the SEPP:- Principle 1: Context Good design responds and contributes to its context. Context can be defined as the key natural and built features of an area. Responding to context involves identifying the desirable character elements of a location or, in the case of precincts, undergoing a transition the desired future character as stated in planning and design policies. New buildings will thereby contribute to the quality and identity of the area. Design Panel Comments: The area is comprised of single houses and 3 storey residential flat buildings. The site is a corner with the 2 remaining boundaries to residential flat buildings. A residential flat building is appropriate in the area. Principle 2: Scale Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and the surrounding buildings. Establishing an appropriate scale requires a considered response to the scale of existing development. In precincts undergoing a transition, proposed bulk and height needs to achieve the scale and identified for the desired future character of the area. Design Panel Comments:The streetscape of Morrison Rd is composed of single storey detached houses and 3-4 storey residential flat buildings. The area is undergoing change with detached housing being amalgamated into larger developments.


ITEM 4 (Continued) The proposed development is appropriate in height and due to the size of the block is narrow in plan. The site is a corner lot and the applicant should investigate the setbacks of the development on opposite corners. The applicant may consider reducing the front setback to better respond to the street corner. Principle 3: Built Form Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements. Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook. Design Panel Comments:The proposed development is a 3 storey walk up residential flat building. The internal planning is symmetrically arranged about an internal stairwell. The built form could be enhanced by the refinement of the entry area, and the refinement of the detailing of the elevation. (refer aesthetics). Principle 4: Density Good design has a density appropriate for a site and its context; in terms of floor space yields (or number of units or residents). Appropriate densities are sustainable and consistent with the existing density in an area, or in precincts undergoing a transition, are a consistent with the stated desired future desired. Sustainable densities respond to the regional context, availability of infrastructure, public transport, community facilities and environmental quality. Design Panel Comments: The density of the proposal is generally considered acceptable for the site although the amenity of the existing neighbouring buildings would be improved if the side and rear boundary setback was increased. Principle 5: Resource, Energy and Water Efficiency Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction. Sustainability is integral to the design process. Aspects include a demolition of existing structures, recycling of materials, selection of appropriate and sustainable materials, adaptability and reuse of buildings, layouts and built form, passive solar design principles, efficient appliances and mechanical services, soil zones for vegetation and reuse of water.


ITEM 4 (Continued) Design Panel Comments:The proposed development should store and re-use roof water for irrigation of landscaping and toilet flushing water uses on the site. The elevations should include solar control for windows, especially those to the north and west. (The applicant produced more developed design drawings that showed solar control over certain windows). The inclusion of skylights in the upper level will provide for greater solar access to the living dining area for the level 3 unit. Principle 6: Landscape Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain. Landscape design builds on the existing site’s natural and cultural features in responsible and creative ways. It enhances the development’s natural environmental performance. It contributes to the positive image and contextual fit of development through respect for streetscape and neighbourhood character, or desired future character. Landscape design should optimise usability, privacy and social opportunity, equitable access and respect for neighbours’ amenity, and provide for practical establishment and long-term management performance by coordinating water and soil management, solar access, microclimate, and tree canopy and habitat value. Design Panel Comments:There is insufficient landscape material to assess. As stated the proposed development should store and re-use roof water for irrigation of the landscaping and toilet flushing uses on the site. The carpark should be moved southwards to allow for deep soil planting along the northern boundary. Principle 7: Amenity Good design provides amenity through the physical, spatial and environmental quality of a development. Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility.


ITEM 4 (Continued) Design Panel Comments:The proposed development in general provides a good level of amenity for the units including: • Cross ventilation for all units • Solar control over openings • Solar access to primary living areas (The applicant produced updated plans that included additional windows to provide greater solar access into the primary living dining area of the southern units). The scheme could be improved by the amendment of the following: • Increase the size of bedroom 2 • Increase the entry area within the units • Increase the size/number of windows to the master bedrooms • Redesign the stairwell to provide internal access from the car park. Principle 8: Safety and Security Good design optimises safety and security, both internal to the development and for the public domain. This is achieved by maximising overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location and desired activities, and clear definition between public and private spaces. Design Panel Comments:The carpark should be made secure by the inclusion of a roller shutter and a secure access to the internal foyer/stair. (The applicant should investigate if the carpark should be redesigned by re-orienting the cars 90o along the eastern side of the carpark). Principle 9: Social Dimensions Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities. New developments should optimise the provision of housing to suit the social mix and needs in the neighbourhood or, in the case of precincts undergoing transition, provide for the desired future community.


ITEM 4 (Continued) Design Panel Comments:The development provides for a disabled adaptable unit. The application has considered the future inclusion of a lift for disabled access to the carpark level. Principle 10: Aesthetics Quality aesthetics require the appropriate composition of buildings elements, textures, materials and colours and reflect the use, internal design and structure of the development. Aesthetics should respond to the environment and context, particularly to desirable elements of the existing streetscape or, in precincts undergoing transition, contribute to the desired future character of the area. Design Panel Comments:The proposed elevation would be greatly improved by: • The inclusion of protection over window openings • Refining the detailing of pergolas, sliding louvered panels, etc • Rationalizing the window proportions and window types/sizes • Using appropriate materials and colours e.g. face brick/rendered elements. RECOMMENDATIONS The following recommendations would greatly improve the quality of the development: • Consider reducing the front setback to better address the corner. • Increase the rear setback of the carpark to allow for deep soil planting and

screening to the neighbouring properties • The applicant must locate the neighbouring buildings including the location of

windows to ensure the amenity of the existing neighbouring buildings is not compromised by this development.

• Investigate options for the carpark to allow for direct and secure access to the internal stairwell.

• Amend the plans as discussed to increase the amenity of the units. Comments on Design Panel Recommendations: The referral of this proposed development to the Design Panel during the pre-lodgement process has enabled the applicant to address the issues raised as part of the formal DA submission. With regards to the above recommendations, the applicant has made the following amendments from the pre-lodgement plans in the formal DA submission: • The front setback (to Morrison Rd) has been decreased from 7.5m (to front wall)

to 6.5m (to front wall). • The rear (northern) setback of the basement carpark has been increased from 0m

(built on boundary) to 1.39m. This also results in an increase in area available for deep-soil planting at the north-western corner of the site.


ITEM 4 (Continued) • The location of the neighbouring buildings (including location of windows) is

provided on the plans, and it is considered that the design of the proposed development reasonably maintains a satisfactory level of amenity for the adjoining developments, as well as this development.

• The stairwell design has been amended to contain the stairwell securely within the building. In the pre-lodgement plans, the stairs to the basement (on the eastern side) was not contained within the building and therefore it was possible for any person to enter the basement carpark unhindered.

• Amendments have been made including alterations to the window design and proportion, and inclusion of protection over openings, as recommended by the design panel.

The amendments to the DA plans have incorporated the advice of the Design Panel and will result in a satisfactory design and external appearance. It is considered that the development is satisfactory in terms of SEPP 65. The publication entitled “Better Urban Living Guidelines for Urban Housing in NSW” (Department of Urban Affairs and Planning and NSW Government Architect 1998). This publication is required to be considered in the determination of residential flat buildings pursuant to clause 30(2)(c) of SEPP 65. The publication contains the following 5 parts for consideration: Strategic Planning (i.e. locating urban housing, understanding local character, housing choice, innovation) Urban Infrastructure (i.e. urban form, public open space, master planning, building envelopes, mixed uses, setbacks, heights, residential building types) Site Design (i.e. site analysis, communal and private open space, visual privacy, acoustic privacy, landscape, vehicle access, servicing and parking) Environmental Design (i.e. ecologically sustainable development (ESD), energy efficiency, ESD report, natural ventilation, daylight access, wind mitigation) Building Design (i.e. access and circulation, apartment layouts, size, ceiling height, balcony, roof, façade composition, operability and maintenance, recreational facilities, adaptability and diversity, safety, security and communications, site facilities). The proposal has been assessed by the design panel. It is considered that the proposed development is acceptable in terms of the above considerations as contained in the Better Urban Living Guidelines. (c) Any draft LEPs None relevant.


ITEM 4 (Continued) (d) The provisions of Any Development Control Plan Residential Flat Building Code The compliance with the RFB Code is illustrated by the development standards below.

Residential Flat Building Code Proposal Compliance Site requirements 840m² minimum 502m² No1

24m frontage 16.0m No1

Density As for the RPSO Requirements (above): 500m2 required

502m2 Yes

Height 3 storey 11m

3 storey

9.56m (at the highest point)

Yes Yes

Setback (For 3 storey developments) • Front (Morrison Rd): 11m (1.5m encroachment permitted for 2 storey buildings – for no more than 50% of the total elevation)

6.215m to 6.5m. No2

• Secondary (Linsley St): 8m (1.5m encroachment permitted for 2 storey buildings – for no more than 50% of the total elevation)

3.13m to 4m (1.8m to entry)

No2

• Boundary/Side & Rear: 6m (25% (i.e. to 4.5m) encroachment permitted provided for no more than 50% of the total elevation)

North Side: All 4.5m

West Side: 2m to 4.5m

No3

No3

Windows 10m from adjoining windows North – approx 7.5m West – approx 6.5m

No4

Parking (within 400m of Victoria Rd) • 1.2 spaces/2 bed

Total: 6 Spaces 7 Spaces • Visitor 1 per 4 dwellings (5 dwellings)

Total: 1.25 spaces Total On-site Parking Required = 8 spaces

1 Space

8 spaces

Yes

• Visitor – access available Access available Yes


ITEM 4 (Continued)

Residential Flat Building Code Proposal Compliance Driveway • Width 4m 4m Yes • Grade 1 in 6 max Less than 1 in 6 Yes Landscaping • 40m² req’d per 2br dwelling

Total Landscaping Required: 200m2

261m² Yes

Clothes Drying – Dryers or Clothes Line Clothes line for units with courtyards, otherwise dryers

Yes

Notes from Table Above: 1. Site Requirements (Lot Size and Frontage): The development’s non-compliance with

Council’s site requirements (lot size and frontage) has been addressed previously in this report (see Section 9(a) – Ryde Planning Scheme Ordinance – Mandatory Requirements).

2. Front Setbacks: The RFB Code requires an 11m setback for 3 storey buildings,

which can be reduced by 1.5m (to 9.5m) for no more than 50% of the length of the wall. A secondary setback (to Linsley St in this case) of 8m is also required. The development has a front setback ranging from 6.215m to 6.5m to the wall (to Morrison Rd), and a secondary setback to Linsley St ranging from 1.8m to 4m, and therefore does not comply with these requirements.

The front and secondary setbacks are a result of the isolated nature of the property. It only has a width of 16m and a depth of 31.49m, and because the site is isolated by adjoining substantial developments, some relaxation of the front setback requirements must occur if the site is to be developed in a reasonable way. Strict compliance with the front setbacks would result in a building which is excessively pushed back to the rear boundary, which would cause amenity and privacy impacts on the adjoining residential flat development to the north (this is discussed further in note 3. below) This front setback to Morrison Rd is the same as the existing dwelling on the site (to be demolished), and is in accordance with the Design Panel’s recommendation to reduce the setback to better address the street corner. It is considered that the front setback and secondary setbacks are appropriate for the development, having regard to the constraints of the site.

3. Side and Rear Setbacks: The proposed development does not comply with the side

setback requirements of the RFB Code, which for a 3 storey development are 6m (which can be reduced by 25% (to 4.5m) for no more than 50% of the total wall length). The proposed side setbacks range from 4.5m (north side) and 2m – 4.5m (west), and therefore do not comply with the RFB Code requirements.


ITEM 4 (Continued)

The reduced side setbacks in this development are typical of developments on narrow sites such as the subject land, and strict compliance with side setback requirements would result in an undesirable built form (i.e. an excessively tall, narrow building). The side setbacks raise issues in terms of proximity to adjoining residential flat buildings, which have been constructed close to the boundary with the subject land. These are discussed in note 4. below. The side setback reductions proposed in this application are considered acceptable in the context of the subject land.

4. Window Separation: The RFB Code requires a 10m separation between windows of

adjoining buildings. The development proposes separation of approx 7.5m from the building to the north, and 6.5m from the building to the west, and therefore does not comply with this requirement.

In terms of the site to the north (15 Linsley), there is a 4 storey older-style residential flat building with balconies facing the subject land. As a response to this, the subject development has a 4.5m setback to the northern boundary, and in units 1-4, the lounge room and courtyard is further forward than the adjoining building so that direct viewing between the lounge and the adjoining living rooms is minimised as much as possible. Although the dining room is more directly in line with the adjoining living rooms (and balcony), it is reasonable to expect that this would not be used as intensely as would a lounge room, and so the privacy issues would not be as critical. Unit 5 (top level) only has a bedroom, bathroom and ensuite facing north, which would not cause significant privacy issues.

The site to the west (25 Morrison Rd) also has a 4 storey development, but not all of the windows of this development are to living rooms. Some of the windows appear to be to a common stairway/lobby and bathrooms. In response, the subject development proposes no windows to the closest wall (with the 2m setback) facing the adjoining site (the windows are to the side of the bedroom in units 1-4), and the main living rooms are more oriented away from the adjoining development. Although the development has windows within 10m of an adjoining building, the resulting privacy impacts are not significant as to warrant refusal of the proposal. The development is considered to be a reasonable response to a small site, in terms of its relationship to adjoining land.

DCP 45 – Energy Smart, Water Wise The proposal complies with the provisions of this DCP. Conditions 4-5 have been included requiring energy efficient devices and appliances. DCP 27 – Waste Minimisation and Management A waste plan was submitted with the application which complies with the requirements of DCP 27.


ITEM 4 (Continued) DCP 37 – Access for People with Disabilities An accessibility report has been submitted with the DA which has been assessed by Council’s Building Surveyor and found to be satisfactory in terms of this DCP. Section 94 Contributions Plan A Section 94 contribution of $28984 is payable under this Plan. See condition 2. This takes into account the applicable rates for 5 residential flat units and a “credit” for 1 dwelling house. 10. Likely Impacts, including environmental impacts on both the natural and

built environment and social and economic impacts in the locality. The likely impacts on the development in terms of the built and natural environment have been discussed throughout this report. It is considered, despite the non-compliances with the RFB Code that the development is satisfactory and will have acceptable environmental impacts. 11. Suitability of the site for the development The site is suitably zoned for the proposed residential flat development and is not subject to any constraints (e.g. overland flow or land slip etc) which would render it as unsuitable for the proposed development. 12. The Public Interest The development is permissible within the zoning of the property and will add to the housing choice and housing stock available in the City of Ryde. The submissions do not warrant refusal of the application. Overall, it is considered that approval of the development would be in the public interest. 13. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. Other Options Nil. 14. CONCLUSION: The development has been assessed using the heads of consideration listed in Section 79C of the Environmental Planning and Assessment Act 1979 and is considered satisfactory.


ITEM 4 (Continued) Although there are areas of non-compliance with the RPSO and the Residential Flat Building Code, notably regarding site requirements, and front, secondary and side/rear setbacks, the impacts resulting from these non-compliances are acceptable in the context of the development and they will not adversely impact on any adjoining development. As noted previously in this report, Council has previously granted approval for a 2x3br, 3 storey townhouse style residential flat development on the land in November 2004 (LDA04/717), and this development also did not comply with the RPSO in terms of site requirements (allotment size and frontage), as well as the Residential Flat Building Code in terms of setbacks (i.e. front setback to Morrison Rd, secondary setback to Linsley St, and side/rear setbacks to both the northern and western boundaries). In the circumstances, the proposed development is appropriate for conditional approval. RECOMMENDATION: (a) That Local Development Application No.525/2005 at 23 Morrison Road, Gladesville

being LOT: 8 SEC: 4 DP: 69382 be approved subject to the following conditions:

1. Development is to be carried out in accordance with the Plans No. 0605 2B, 3B, 4B, 5B, 6B, and 7B and support information submitted to Council.

2. A contribution for the services in Column A and for the amount in Column B

shall be made to Council prior to the issue of the Construction Certificate.

A B Public Space $23969 Stormwater Drainage $ 4766 Administration $ 249 The total contribution is $28984

This contribution is a contribution under the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979 as specified in Section 94 Contribution Plan No. 1 (2003 Amendment) adopted by City of Ryde on 19/8/2003. The above amount, if not paid within one calendar year of the date of this consent, shall be adjusted for inflation by reference to the Consumer Price Index published by the Australian Bureau of Statistics (Catalogue No 5206.0) on an annual basis in accordance until such time as the contribution is paid.


ITEM 4 (Continued)

3. Landscaping of the development site is to be carried out in accordance with the landscape plan/concept prepared by Ray Fuggle and Associates Issue A, dated 14th July, 2005 submitted with the development application, except as amended by the following conditions: • An additional 3 tree specimens are to be planted (one each on the Linsley

St and Morrison Rd frontages and one on the corner (the Crepe Myrtle is to be deleted), and they should achieve a mature height of 7-9m and therefore be in scale with the development. Services should be laid so as to allow for tree planting and future tree growth, and tree root barriers should be installed where walls or driveways are in close proximity.

• The provision of planter boxes to the perimeter of patios, terraces, courtyards and balconies (where appropriate).

• The landscaping plan shall be amended to conform with the requirement for a splay corner – see condition 52 below.

The landscaping plan shall be submitted for Council’s approval prior to the approval of the Construction Certificate.

4. For the purpose of child safety and energy conservation all new or

replacement hot water systems shall include a mixing device/valve that will deliver hot water to a maximum 500 C at the outlet of all taps, shower roses and the like in bathrooms, ensuites and similar areas used for personal hygiene.

5. For the purpose of water conservation the following shall be carried out in

accordance with the manufacturers specifications:

(a) Water closets installed within the building are to have a maximum 6/3 litre dual flush cistern;

(b) Shower heads and taps are to be fitted with reduced water flow devices; and

(c) Shower heads, toilets and aerators on bathrooms and kitchen hand basins and sinks shall be at least AAA rated water efficient.

6. Prior to a Construction Certificate being issued with respect to this

development, the Principal Certifying Authority (PCA) is to be provided with a written Design Verification from a qualified designer. The statement must include verification from the designer that the plans and specifications achieve or improve the design quality of the development to which this consent relates, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development. This condition is imposed in accordance with Clause 143A of the Environmental Planning and Assessment Regulation 2000.


ITEM 4 (Continued)

7. Prior to an Occupation Certificate being issued to authorise a person to commence occupation or use of a residential flat building, the Principal Certifying Authority (PCA) is to be provided with design verification from a qualified designer. The statement must include verification from the qualified designer that the residential flat development achieves the design quality of the development as shown on plans and specifications in respect of any Construction Certificate issued, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development. This condition is imposed in accordance with Clause 154A of the Environmental Planning and Assessment Regulation 2000.

8. Fencing is to be in accordance with Council's Fencing Development Control

Plan and details of compliance are to be provided in the plans for the Construction Certificate.

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

provisions of the Building Code of Australia. 10. The occasions on which building work must be inspected are:

(a) at the commencement of the building work, and (b) prior to covering of waterproofing in any wet areas, for a minimum of

10% of rooms with wet areas within a building, and (c) prior to covering any stormwater drainage connections, and (d) 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.

11. The building works are to be inspected during construction by the Principal

Certifying Authority, or another accredited certifier approved by the PCA, to monitor compliance with Council’s approval and the relevant standards of construction encompassing the following stages of construction:

a) Shoring of excavation works b) Damp-proof course c) Retaining walls d) Steel beams, columns or framing


ITEM 4 (Continued)

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.

12. In addition to the abovestated inspections, Council or an accredited certifier 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 Council’s Development Control Plan 42 for “Construction Activities”:-

i) Sediment control measures ii) Security fencing iii) Materials or waste containers upon the footway or road. iv) Builders signage and site toilets

13. 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.

14. A certificate from a suitably qualified person is to be submitted to the Principal

Certifying Authority ( and Council, if Council is not the PCA) that the method of Termite Protection has been provided in accordance with Part 3.1.3 of the Building Code of Australia and the requirements of the Australian Standard 3660.1.


Certifying Authority (and Council, if Council is not the PCA) that the method of waterproofing wet areas has been provided in accordance with Part 3.8.1 of the Building Code of Australia and the requirements of the Australian Standard 3740 prior to wall tiling.


Certifying Authority (and Council, if Council is not the PCA) that Fire and Smoke Alarms have been provided in accordance with Part 3.7.2 of the Building Code. Location details are to be submitted and approved by Council or an accredited certifier prior to the release of the Construction Certificate.


ITEM 4 (Continued)

17. A Registered Surveyors check survey certificate, or compliance certificate, is to be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) detailing compliance with Council’s approval at the following stages:-

a) After excavation work for the footings, but prior to pouring of concrete,

showing the area of the land, proposed building and boundary setbacks b) Prior to construction of each floor level showing the area of the land,

proposed building and the boundary setbacks and verifying that the proposed building is being constructed to the approved levels

c) On completion of the proposed building showing the area of the land, completed building and the boundary setbacks

18. A Fire Safety Certificate/s from a suitably qualified person/s is to be submitted

to Council or an accredited certifier (and Council, if Council is not the PCA or an accredited certifier) for all the essential services installed in the building in accordance with Clauses170 and 171 of the Environmental Planning and Assessment Regulation 2000.

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

above the natural ground level.

20. The applicant is to submit to and have approved by Council or an accredited certifier engineers details for all concrete work and structural steelwork prior to the issue of the Construction Certificate.

21. All retaining walls where required by Council 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.

22. The building shall be constructed to comply with Part F5 of the Building Code

of Australia (Noise Transmission and Insulation).

23. The wall separating the dwelling to have an F.R.L. not less than 60/60/60 extending to the underside of the roof cladding.

24. All timber framing is to comply with Part 3.4.3 – Timber Framing of the Building

Code of Australia, 1996.

25. All steel framing is to comply with Part 3.4.2 – Steel Framing of the Building Code of Australia, 1996.


ITEM 4 (Continued)

26. Continuous balustrades shall be provided along the side/s of any stairway or ramp, any corridor, hallway, balcony, access bridge or the like, any path of access to a building if: -

i) it is not bounded by a wall; and; ii) the change in level is more than one (1) metre, or five (5) risers in the

case of a stairway, from the floor or ground surface beneath except where specific exemptions are provided in the BCA

Balustrades shall prevent as far as practicable:- i) children climbing over or through it; ii) persons accidentally falling from the floor; and iii) objects which might strike a person at a lower level falling from the floor

surface Balustrade heights and designs shall comply with the BCA Clause D2.16, AS 1170 Part 1. Height above nosings of stair treads, landing, corridors and the like shall generally be not less than 865mm, except in the case of particular locations and specific classes of buildings. Applicants shall check building regulations and ensure compliance.

27. Suitable handrails shall be provided where necessary to assist and provide

stability to persons using the ramp or stairways, located and designed in accordance with the BCA Clause D2.17.

28. Sanitary facilities for people with disabilities shall be provided in accordance

with Clause F2.4 Table F2.4 of the BCA and to the standards set out in AS 1428.1.

29. Access for disabled people shall be provided in the building or portion of the

building in accordance with Part D.3 of the BCA and to the standards set out in AS 1428.1.

30. Glass doors and fixed panels so located in relation to other parts of the

building as to be capable of being mistaken as a doorway of unimpeded path or travel shall be provided with a Grade “A” Safety Glazing in accordance with AS 2008, Safety Glazing Materials for use in buildings (Human Impact Consideration). All other glazing shall be installed in accordance with Table 1A Appendix “A” of AS 1288 Glass Installation Code.

Panels and doors in paths of travel shall be provided with a midrail, motifs or other approved permanent means of making the panels clearly distinguishable. Safety glass installations that are not carrying permanent safety glass markings in accordance with AS 2208, Safety Glazing Materials for Use in Buildings, shall be either legibly labeled, or a certificate furnished to Council or an accredited certifier and in each case the following information shall be given:-


ITEM 4 (Continued)

i) Distributor’s or installer’s name. ii) Details of the original panel from which the piece was cut.

The original sheet bore permanent “safety glass” markings in accordance with AS 22.08.

31. Materials used in the building including floor coverings, shall comply with the

requirements of Clause C1.10 and Specification C1.10 of the BCA, with regard to restrictions concerning early fire hazard properties of materials, spread of smoke and flame.

32. The applicant shall submit to the Principal Certifying Authority (and Council if

Council is not the PCA) upon completion of the building and before the issue of an Occupation certificate, a certificate from an accredited person certifying compliance with the requirements of Clause C1.10 and Specification C1.10 of the BCA.

33. An emergency lighting system shall be installed in the building to:-

i. fire isolated stairways; ii. fire isolated ramps; iii. fire isolated passageways; iv. passageways, corridors, hallways or the like that is part of the path of

travel to an exit; v. required non-fire isolated stairs; vi. all storeys, rooms and spaces having prescribed floor areas; and vii. required fire control centre. BCA Clause E4.2.

Illuminated exit signs shall be installed in the building above or adjacent to:-

i. door providing direct egress from a storey to a required exit; ii. door from an enclosed stairway, passageway or ramp at every level of

discharge to a road or open space; iii. horizontal exit; and iv. door serving as, or forming part of a required exit in a storey required to

be provided with emergency lighting. Design and installation of exit signs shall comply with AS 2293.1 and the following:- i) Exit signs shall be clearly visible to persons approaching the exit and shall

be circuit sensing to the general lighting circuit. ii) Exit signs shall be green with white lettering and installed to operate

continuously in the event of a power failure. BCA Clause E4.5 and E4.8.

Additional exit signs shall be installed in appropriate positions in corridors, hallways, lobbies, foyers and the like indicating the direction to a required exit. BCA Clause E4.6 (NSW).


ITEM 4 (Continued)

34. A warning sign stating “DO NOT USE LIFTS IF THERE IS A FIRE” conforming with the details and dimensions of Figure E3.3 of the BCA shall be displayed in a conspicuous position near every call button for all lifts throughout the building. Such warning sign shall consist of: -

a) incised, inlaid or embossed letters on a metal, wood, plastic or similar plate

securely and permanently attached to the wall; or b) letter incised or inlaid directly into the surface of the material forming the

wall. BCA Clause E3.3, Figure E3.3. 35. Portable fire extinguishers shall be installed in the building or portions of the

building, compatible to the hazard/s posed by equipment or functions associated with the use of the building.

Installation and maintenance of fire extinguishers shall comply with Australian Standard 2444 BCA Clause E1.6.

36. Hose reels shall be installed in the building located not more than 4m from a

required exit on each floor of the building and adjacent to any hydrant required within the building. Hose reels shall not be installed in fire isolated exits or where the fire hose will need to pass through a doorway fitted with fire or smoke doors. The nozzle end of a fully extended hose reel when laid to avoid partitions and other barriers shall reach every part of the floor served by the hose reel on that floor. BCA Clause #1.4, Australian Standard 2441.

37. Hydrants shall be designed and installed in the building/s and or on site in

accordance with the BCA Clause E1.3 and Australian Standard 2419.1 and so located that:-

i) INTERNAL HYDRANTS:-

Internal hydrants shall be located in positions that are accessible to fire fighting personnel as follows:-

a) within each required fire-isolated exit; b) within the tenanted space and within 4m of a require non-fire

isolated exit; c) at a position whereby any point on a floor of a building is within

reach of a 10m hose stream issuing from a nozzle at the end of a 30m length of hose connected to the hydrant outlet.

NOTE: After erection, the location of storage racking and stored goods may restrict the passage of hose through areas of the building.


ITEM 4 (Continued)

ii) EXTERNAL HYDRANTS:- External hydrants shall be located so that:- a) they are accessible to fire brigade personnel; b) they are not less than 10m from a wall of a building, although

Council may permit the hydrants to be mounted closer to the wall where site conditions so dictate; and

c) they are not obstructed by parking or loading and unloading of vehicles.

Where necessary, external hydrants shall be protected from mechanical damage. In any case, hydrants shall not be mounted on external walls which have a fire resistance rating less than FRL 90/90/90. Where a hydrant is permitted to be mounted on an external wall, the hydrant shall be located so that the FRL 90/90/90 wall extends not less than 2m on each side of the hydrant and whichever is the lesser, 3m from ground level or the height of the wall.

Hydrants that are installed by water supply authorities on street mains may be considered as external hydrants, provided that such hydrants comply with the requirements for flow and pressure given in AS 2419.

38. A "Fire Safety Schedule" specifying the fire safety measures that are to be

implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 - Environmental Planning & Assessment Regulation 2000 are to be submitted and approved prior to the issue of the Construction Certificate.

39. A security deposit is to be paid to Council (Public Facilities and Services

Group) being a deposit of $1000 as well as the infrastructure inspection fee in accordance with the requirements of Council’s Management Plan (scheduled fees).

40. 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).

41. Documentary evidence of compliance with Conditions 2, 39-40 to the

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


ITEM 4 (Continued)

42. 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.

43. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must

be obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92.

Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

A copy of Sydney Water's Notice of Requirements must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the linen plan/occupation of the development.

44. Signage is to be provided on the site as follows:-

(a) 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.

45. 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.

46. No spoil, stockpiles, building or demolition material is to be placed on any

public road, footpath, park or Council owned land.

47. Adequate precautions must be taken to control the emission of dust from the site during demolition and construction work. These precautions could include minimizing soil disturbance, use of water sprays, erecting screens and not carrying out dusty work during windy conditions.

48. All asbestos wastes including used asbestos-cement sheeting (i.e. fibro), must

be disposed of at a landfill facility licensed by the New South Wales Environmental Protection Authority to receive that waste. Copies of the disposal dockets must be kept by the applicant for at least 3 years and be submitted to Council on request.


ITEM 4 (Continued)

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. The surrender of consent No 717/2004 dated 2 November 2004 issued in

respect of the subject property, prior to the issuing of a Construction Certificate.

Engineering Conditions General 52. Splay Corner Dedication. The applicant shall at no cost to Council dedicate

as public road a splay corner 3 metres by 3 metres at the junction of Morrison Road and Linsley Road. This will necessitate amendments to the on-site detention basin, as well as the landscaping plan. The necessary amended plans shall be submitted for approval with the Construction Certificate.

53. Design and Construction Standards. All engineering plans and work shall

be carried out in accordance with the requirements as outlined within Council’s publication Environmental Standards Development Criteria and relevant Development Control Plans except as amended by other conditions.

54. Service Alterations. All mains, services, poles, etc., which require alteration

shall be altered at the applicant’s expense.

55. Restoration. Public areas must be maintained in a safe condition at all times. Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment.

56. Engineering Compliance Certificates. Engineering Compliance Certificates

must be obtained for the following works at the specified stage (If Council is appointed the PCA then the appropriate inspection fee is to be paid to Council) and submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate:

• Prior to backfilling of pipelines in which Council has an interest. • Prior to backfilling of drainage connections to pipelines or channels in

which Council has an interest.


ITEM 4 (Continued)

• Prior to casting of pits and other concrete structures in which Council has an interest including kerb & gutter, accessways, aprons, pathways, vehicular crossings, dish crossings and pathway steps.

NOTE: Council has an interest in all pipelines which drain public reserves and public road reserves, and in all structures located within public road reserves.

All Engineering Compliance certificates are to contain the following declarations: a) This certificate is supplied in relation to <<address of property>>. b) <<name of engineer and company >> have been responsible for the

supervision of all the work nominated in (a) above. c) I have carried out all tests and inspections necessary to declare that the

work nominated in (a) above has been carried out in accordance with the approved plans, specifications, and the conditions of the development consent.

d) I have kept a signed record of all inspections and tests undertaken during the works, and can supply the Principal Certifying Authority [PCA] with a copy of such records and test results if and when required.

Engineering Conditions to be complied with Prior To Construction Certificate

57. Driveway Grades The maximum grade of all internal driveways and vehicular ramps shall be 1 in 5. The maximum change of grade permitted is 1 in 8 and any transition grades shall have a minimum length of 2.5m. The driveway design is to incorporate Council’s issued footpath and gutter crossing levels where they are required as a condition of consent. A driveway plan, longitudinal section from the centreline of the public road to the garage floor, and any necessary cross-sections clearly demonstrating that the driveway complies with the above details, and that vehicles may safely manoeuvre within the site without scraping.

58. Drainage Plans. The plans and supporting calculations of the proposed

drainage system, including the on-site detention system and details addressing any overland flow from upslope properties are to be submitted with the Construction Certificate application.

Any drainage pit within a road reserve, a Council easement, or that may be placed under Councils’ control in the future, shall be constructed of caste in situ concrete. Details are to be submitted with the Construction Certificate application.


ITEM 4 (Continued)

59. On-Site Stormwater Detention Stormwater runoff from all impervious areas shall be collected and piped by gravity flow to a suitable on-site detention system in accordance with Ryde City Council’s Stormwater Management Development Control Plan “DCP 41”. The minimum capacity of the piped drainage system shall be equivalent to the collected runoff from a 20 year average recurrence interval storm event. Overland flow paths are to be provided to convey runoff when the capacity of the piped drainage system is exceeded up to the 100 year average recurrence interval and direct this to the on-site detention system. Runoff which enters the site from upstream properties should not be redirected in a manner which adversely affects adjoining properties.

The on-site detention system shall be designed to ensure peak flowrates at any point within the downstream drainage system do not increase as a result of the development during storms from the 5 year to the 100 year average recurrence interval of all durations. Outflow from the basin shall be piped to a point of discharge in accordance with Councils Stormwater Management Development Control Plan “DCP 41”.

The system is to be cleaned regularly and maintained to the satisfaction of Ryde City Council.

60. Road Opening Permit. The applicant shall apply for a road opening permit

where a new pipeline is proposed to be constructed within or across the footpath. No drainage work shall be carried out on the footpath without this permit being paid and a copy kept on the site.

61. Pump System. The wet well shall be designed and constructed in accordance

with section 7.3 of AS 3500.3. The pumps shall be dual submersible and shall be sized and constructed in accordance with section 7.3 of AS 3500.3.

Direct connection of the pumps rising main into the kerb will not be permitted. The rising main is to be connected into the on site detention tank. Details are to be submitted with the Construction Certificate application. In the event of pump failure, all runoff that otherwise would have been pumped from the property is to be stored on the site for up to the 100 year Average Recurrence Interval 3 hour storm event. A detailed drainage design by a qualified Civil Engineer is to be submitted with the Construction Certificate application. The tank volume is to be determined using the ILSAX drainage program or its equivalent. The rational method is not permitted.

62. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan

(ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by the Department of Housing. These devices shall be maintained during the construction works and replaced where considered necessary.


ITEM 4 (Continued)

The following details are to be included in drawings accompanying the Erosion and Sediment Control Plan (a) Existing and final contours (b) The location of all earthworks, including roads, areas of cut and fill (c) Location of all impervious areas (d) Location and design criteria of erosion and sediment control structures, (e) Location and description of existing vegetation (f) Site access point/s and means of limiting material leaving the site (g) Location of proposed vegetated buffer strips (h) Location of critical areas (drainage lines, water bodies and unstable

slopes) (i) Location of stockpiles (j) Means of diversion of uncontaminated upper catchment around

disturbed areas (k) Procedures for maintenance of erosion and sediment controls (l) Details for any staging of works (m) Details and procedures for dust control.

63. Truck Shaker. A truck shaker ramp must be provided at the construction exit

point. Fences are to be erected to ensure vehicles cannot bypass them. Sediment tracked onto the public roadway by vehicles leaving the subject site is to be swept up immediately.

64. Temporary Footpath Crossing. A temporary footpath crossing must be

provided at the vehicular access points. It is to be 4 metres wide, made out of sections of hardwood with chamfered ends and strapped with hoop iron, and a temporary gutter crossing must be provided.

65. Car Parking The car parking area is to comply with AS2890.

Engineering Conditions to be complied with Prior to Commencement of Construction

66. 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.

67. Compliance Certificate. A Compliance Certificate must be obtained

confirming that the constructed erosion and sediment control measures comply with the construction plan and Ryde City Council’s Development Control Plan for Construction Activities “DCP 42”.


ITEM 4 (Continued) Engineering Conditions to be complied with Prior to Occupation Certificate

68. Compliance Certificates – Engineering. Compliance Certificates must be obtained for the following (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council) and submitted to the PCA:

• Confirming that all vehicular footway and gutter (layback) crossings are

constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the constructed driveway is constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the constructed internal car park and associated drainage complies with AS 2890, the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the on-site detention system will function hydraulically in accordance with the approved design.

69. Vehicle Footpath Crossings. Concrete footpath crossings shall be

constructed at all locations where vehicles cross the footpath, to protect it from damage resulting from the vehicle traffic. The location, design and construction shall conform to the requirements of Council. Crossings are to be constructed in plain reinforced concrete and finished levels shall conform with property alignment levels issued by Council’s Engineering Services Division. Kerbs shall not be returned to the alignment line. Bridge and pipe crossings will not be permitted.

70. Disused Gutter Crossing. All disused gutter and footpath crossings shall be

removed and the kerb and footpath reinstated to the satisfaction of Council.

71. Work-as-Executed Plan. A Work-as-Executed plan signed by a Registered Surveyor clearly showing the surveyor’s name and the date, the stormwater drainage, including the on-site stormwater detention system if one has been constructed and finished ground levels is to be submitted to the Principal Certifying Authority (PCA) and to Ryde City Council if Council is not the nominated PCA. If there are proposed interallotment drainage easements on the subject property, a Certificate from a Registered Surveyor is to be submitted to the PCA certifying that the subject drainage line/s and pits servicing those lines lie wholly within the proposed easements.


ITEM 4 (Continued)

72. On-Site Stormwater Detention System - Marker Plate. Each on-site detention system basin shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Council’s Stormwater Management DCP. An approved plate may be purchased from Council's Customer Service Centre on presentation of a completed City of Ryde OSD certification form.

73. Drainage Construction. The stormwater drainage on the site is to be

constructed in accordance with plan 04MB1543/D01 1 and 2 Issue C prepared by United Consulting Engineers PTY LTD.

Engineering Conditions to be complied with Prior to Subdivision Certificate

74. Positive Covenant. The creation of a Positive Covenant under Section 88E of the Conveyancing Act 1919, burdening the property with the requirement to maintain the stormwater detention system on the property. The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for Maintenance of Stormwater Detention Systems" and to the satisfaction of Council.

75. Existing Easements and Restrictions. The applicant must acknowledge all

existing easements and restrictions of the use of land on the final plan of subdivision.

76. 88B Instrument. The submission of an instrument under Section 88B of the

Conveyancing Act 1919 plus 2 copies, creating any Easements Positive Covenants and restrictions on use, the Ryde City being the authority empowered to release vary or modify the same.

77. Film Plan of Subdivision. The submission of a Film Plan of Subdivision plus

5 copies suitable for endorsement by the Chief Executive pursuant to Section 327 of the Local Government Act.

78. Certification of Building Works. If Council is not the PCA then certification

that all building works as detailed in Local Development Consent No 525/2005 have been completed in accordance with that consent is to be submitted with the application for the Subdivision Certificate.

79. Positive Covenant. The creation of a Positive Covenant under Section 88E

of the Conveyancing Act 1919, burdening the property with the requirement to maintain the pump drainage system on the property. The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for Maintenance of Charged Drainage Systems" and to the satisfaction of Council.


ITEM 4 (Continued) ADVISORY CONDITIONS 1. Compliance with Building Code of Australia

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

2) 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).

2. Residential Building Work

1) 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:

a) in the case of work to be done under the Act:

i) has been informed in writing of the licensee’s name and contractor licence number, and

ii) is satisfied that the licensee had complied with the requirements of Part 6 of the Act; or

b) in the case of work to be done by any other person: i) has been informed in writing of the person's name and owner-

builder permit number; or ii) 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 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.

2) 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.


ITEM 4 (Continued) 3 Excavations and backfilling

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

2) 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.

4 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, and

b) adequate provision must be made for drainage 5 Support for neighbouring buildings

If the soil conditions require it:

1) 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 and, the person causing the excavation to be made: a) must preserve and protect the building from damage, and b) if necessary, must underpin and support the building in an

approved manner, and c) 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.

2) 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.

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


ITEM 4 (Continued) 6 Protection of Public Places

1) If the work involved in the erection or demolition of a building: a) is likely to cause pedestrian or vehicular traffic in a public place to be

obstructed or rendered inconvenient, or b) building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

2) 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.

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

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

7 Prior to commencing any construction works, the following provisions of the

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

1. A Construction Certificate is to be obtained in accordance with

Section 81A (2)(a) of the Act. 2. 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.

3. 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.

8 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).

(b) That the persons who made submissions be advised of the decision. Liz Coad Chris Young Manager Assessment Team Leader - Assessment Environment & Planning Environment & Planning


ITEM 4 (Continued)

Indicates submissions received

COPYRIGHT

© 2005 City of Ryde.© 2005 Land and Property Informat ion NSW.

ALL RIGHTS RESERVED

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

City of Ryde

Development ApplicationLDA05/525

Civic Centre, 1 Devlin StreetRYDE NSW 2112


Tel: 9952 8222 Fax: 9952 8070


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Date: 29/11/2005

Site


ITEM 4 (Continued)


ITEM 5 78 AGINCOURT ROAD MARSFIELD. LOT: 1 DP: 515124. Local Development Application for Commence a use - dance studio. LDA 280/2005. Applicant: Mrs Jennifer Engelmann.

FILE NO. LDA05/280 Group Manager Environment and Planning Reports 23 November 2005 Report Summary This report facilitates the Development Committee’s further consideration of a development application for a dance studio in the first floor of an existing building on the subject land. Background At its Development Committee meeting of 23 August 2005, in relation to the subject development application, Council resolved the following:

“That consideration of this application be deferred for the applicant to provide a new parking plan for assessment by the Group Manager – Environment & Planning with a further report to be submitted to Council.”

Report The applicant’s planning consultant has submitted a letter dated 18 November 2005 addressing the car parking issues in the previous Development Committee report. This letter is ATTACHED to this report. The previous report to Council is CIRCULATED UNDER SEPARATE COVER. The applicant proposes the following arrangements in relation to the provision of car parking for the proposed dance studio:

• All on-site parking, as shown on the plans submitted with the development application, being utilized by the employees associated with the site activities, including the liquor store and the dance studio; and

• The dropping-off and picking-up of students being facilitated by: o The drive-through driveway and carpark associated with the (former)

Eastwood Town Hall on 74 Agincourt Rd, in accordance with the letter from the Spastic Centre of NSW (Note: this letter is also attached to this report)

o On-street kerbside parking in the area in Agincourt Rd, that has specifically been design to accommodate car parking associated with the use of this neighbourhood center; and/or

o Occasional on-site parking, when convenient and appropriate parking is available by people pulling into the driveway.


ITEM 5 (Continued) Assessment of the Applicant’s Response to Parking Issues The car parking arrangements proposed means that there is to be no on-site parking or drop-off area for parents and/or students of the dance studio (ie there will be employee only parking), and the off-site drop-off facility at the former Eastwood Town Hall depends upon the needs and uses of this hall and its occupant (presently the Spastic Centre of NSW). In their letter, they have indicated that they can offer the dance studio the use of the turning circle for drop-off/pick-up of students on a Monday, Wednesday and Thursday, but this is subject to changes in hall hire bookings. However, the City of Ryde is the owner of this property and the Spastic Centre cannot give approval for the use of this area for the Dance Studio. The applicant’s submission only confirms that the parking needs of this development cannot be accommodated on-site, and this is due to the positioning of the existing building relative to boundaries, etc. It is also proposed that on-street parking to be heavily relied on for the drop-off and pick-up of students. As noted in the previous Development Committee report, this is also not considered to be acceptable because the existing shops close to the subject site also rely on on-street parking (as they have no off-street parking), and, because the development involves children. The applicant’s additional parking proposal has also been discussed with Council’s Traffic Engineer, who has maintained his concerns regarding vehicles having to reverse out onto Agincourt Rd. The Traffic Engineer has also raised concern about the proposal in terms of the inability to provide on-site parking (ie having to rely on on-street parking or another site for drop-off and pick-up of children). The existing site of the dance studio (the Scout hall in Ball Ave, Eastwood) has been inspected in terms of the existing operations and impacts on that locality. Ball Ave is not a connecting road (ie it only runs a short distance from May St to Blaxland Rd and only has 1 side road running off it (Doomben Ave), and therefore does not have a lot of through traffic, unlike the proposed site in Agincourt Rd. Although there are presently no significant traffic problems in Ball Ave caused by the dance studio, it is considered that there is likely to be more problems at the proposed site because of the nature of the locality and the fact that Agincourt Rd is more of a connecting road than Ball Ave. Management Plan Budget/Linkages Not applicable. Relationship to Key Outcome Areas Assets The assessment of this development application meets the following key outcomes for Assets (set out on page 27 of the Management Plan 2005-2008):


ITEM 5 (Continued) • An integrated and efficient transport network that links the City, with minimal

environmental impact. • High quality environmentally friendly infrastructure services which meet all

Australian Standards and contribute to the lifestyle of the community. • Well planned, safe and maintained public places and spaces throughout the City. • Footpaths, cycleways and roads that are well maintained and designed to enable

the safe use by all users. • New buildings that are functional, attractive and designed to minimise their impact

on the environment. • Stormwater infrastructure that is well maintained and designed to enhance public

safety and amenity. Comment: This development is for the use of part of an existing building, and does not propose any new infrastructure such as footpaths etc. Hence it has no relationship to this key ou tcome area. 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. The assessment of this development application meets the following key outcomes for Environment (set out on pages 35-36 of the Management Plan 2005-2008): • Social and economic needs are met in a way that does not harm the environment. • A leafy City through parks, gardens, trees and the built environment. • There are systems and processes in place that measure our impact on the

environment and take action when our environment is threatened. • Well designed places and spaces that minimise personal harm and where people

interact with each other, so that crime is reduced. Comment: In the previous Development Committee report, the development has been assessed using the heads of consideration listed in Section 79C of the Environmental Planning and Assessment Act 1979 which requires consideration of social and economic impacts, the natural and built environment.


ITEM 5 (Continued) 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. The assessment of this development application meets the key outcomes for Governance (set out on pages 47-48 of the Management Plan 2005-2008): • Improved communication with the community and increased awareness and

understanding of council’s decisions by the community. • Compliance with all legislative requirements and statutory obligations. • An efficient and effective regulatory environment. Comment: The assessment of this DA has met these key outcomes through carrying out notification procedures as per Council’s Notification DCP, and assessment of the DA under Section 79C of the Environmental Planning and Assessment Act 1979. In this regard, it is noted that the development proposes unsatisfactory arrangements for on-site car parking, has unsatisfactory traffic impacts, has unsatisfactory social and economic impacts, and there has not be sufficient information submitted to properly assess the noise impacts of the development. 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. A City in which its citizens work together to improve the quality of life and enhance community wellbeing through improved networks and services. The assessment of this development application meets the key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008): • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. • The arts, culture, economy, environment, housing, leisure and public health of our

community are positively and proactively influenced. • Growth and benefits for the community are demonstrated through the provision of

employment, economic and academic opportunities. • The dignity, aspirations, and rights of residents are responded to. Comment: The assessment of this DA has met these key outcomes through carrying out notification procedures as per Council’s Notification DCP, and assessment of the DA under Section 79C of the Environmental Planning and Assessment Act 1979.


ITEM 5 (Continued) Consultation – Internal and External Consultation (ie referrals within Council to the Building Surveyor, Environmental Health Officer, and Traffic Engineer) was discussed in the previous report to the Development Committee. Policy Implications There are no policy implications through adoption of the recommendation. Critical Dates Not applicable. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. Other Options Not applicable. RECOMMENDATION: For the consideration of the Development Committee. Sue Weatherley Group Manager Environment & Planning


ITEM 5 (Continued)

Indicates submissions received Other submissions received outside map area

COP YRIG HT

© 2 00 5 City of Ryd e.© 2 00 5 La nd a nd Pro pe r ty I nfo rm a tion N SW.

ALL RI GHT S R ESERVED

No pa rt of th is m a p m a y b e re pr od uce d with ou t wr itte n pe rm iss ion .

DISC LAIM ER

T his ma p ha s b ee n com p iled fr om v ar iou s so u rce s a nd th e pu blis he r a nd /o rco ntr ibu to rs acc ep t n o re spo ns ibility fo r a n y in jur y, lo ss or d am ag e ar isingfr om its us e o r er ro rs or o mis sio ns t he re in. W hile all ca re is ta ke n to en su rea h ig h d eg re e of ac cur ac y, u se rs ar e in vite d to no tif y Co un cil o f a ny di scre pa n cies .

City of RydeCivic Centre, 1 Devlin StreetRYDE NSW 2112


Tel: 9952 8222 Fax: 9952 8070

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

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Date: 28/11/2005

Scale: 1 :2000 approx.


ITEM 5 (Continued)

development committee agenda no. 21/05, 6 …...2005/12/06 · recommendation: that the report of...

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