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City of Charles Sturt DAP Report 6/04/16
TO: Development Assessment Panel
FROM: Manager Planning and Development
DATE: 6 April 2016
GRANGE WARD
ITEM 3.19 8 GLUYAS AVENUE GRANGE SA 5022
Applicant Russo Design & Construction
Development Application No 252/3064/15
Proposal Demolition of existing dwelling and associated
outbuildings and construction of two, two storey
detached dwellings
Owner of land Mr P M Abela
Zone Residential
(Mid Suburban Policy Area 16)
Form of assessment Merit
Public notification category Consent Cat 2 Neighbour Notice
Representations 2 representation received, 1 to be heard
Representors to be Heard
1. Mr James J Russo - 5 Eldridge Crescent,
GRANGE SA 5022
The applicant, Maurice Russo and Dante D'Angelo, will
speak in support of the proposal.
Agency consultations Nil
Author Kate Stringer - Development Officer
Attachments Development Plan provisions table
Application documents
C. Representations/Applicants response
d. Notification map
Development Plan 5 November 2015
Recommendation Approval with Conditions
City of Charles Sturt 2. DAP Report 6/04/16
Report
Background
This application which proposes two storey dwellings underwent Category 2 notification and received two representations, one of these wishes to be heard. As per Council's Delegations
policy the application is required to be considered by the Development Assessment Panel
(DAP).
Proposal
The application seeks approval to demolish the existing single storey dwelling and
associated outbuilding and construction of two, two storey dwellings.
The site has one existing driveway on the southern side which will be utilised to gain access
to residence 1. Residence 2 proposes a new crossover to the northern side of the
allotment.
The dwellings are of a contemporary design with each dwelling to be constructed with a
floor to ceiling height of 2.7 metres on both the ground level and the upper level. The
dwellings are to be rendered with a feature exposed brick to the side of the front entrance
and horizontal cladding under the cliplock skillion roofline.
Site/Locality
The site is made up of a regular shaped allotment with a total area of 584 square metres
with a frontage of 19.13 metres to Gluyas Avenue. The allotment depth is 30.5 metres.
The site is currently occupied by a single storey detached dwelling with associated
verandahs and outbuildings.
The locality is made up primarily of single storey detached dwellings however there is evidence of infill development or re-development of existing sites. The western side of
Gluyas Avenue is all old housing stock with a consistent front setback of approximately 6.5
metres.
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Site and Locality Plan
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City of Charles Sturt 4. DAP Report 6/04/16
ANN
P,r The subject site, 8 Gluyas Avenue, Grange
The existing structure on the boundary between 6 and 8 Gluyas Avenue, Grange
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City of Charles Sturt S. DAP Report 6/04/16
Examples of different roof lines within the locality.
01
21 Eldridge Cres, Grange
City of Charles Sturt 6. DAP Report 6/04/16
Summary of Representations and Applicants Response
Representations
The proposal underwent the Category 2 Public Notification process from which the following
representations were received:
Representors to be heard
1. Mr James J Russo - 5 Eldridge Crescent, GRANGE SA 5022
Representors not to be heard
1. Mrs Elizabeth De Veer - 7 Eldridge Crescent, GRANGE SA 5022
Note that as the proposal is Category 2, representors do not have a right of appeal in
relation to the decision of the Planning Authority.
Copies of the representations and the applicant's response are attached (Attachment C)
The following is a summary of the representations and the applicant's response.
Representors issue Applicant's response
Style of the proposed roofs. Does not Believes the R16 zone allows for a broad
believe the style suits the character of the range of designs and characteristics. Gluyas
area nor enhances the established Avenue, Grange does not have any
character. character style homes to follow, with a
mixture of designs with many duplex modern/contemporary designs within the
Grange area.
Showed examples of similar roof styles on
dwellings within the suburb.
Officer's response
While there are a number of the original dwellings which have similar low pitched rooflines on single storey dwellings in the locality, the new contemporary dwellings that
have been developed have a range of rooflines. Whilst this is the first roofline of this
nature in the locality it is not the first roofline to be different to the older single storey
dwellings in the locality. The applicant believes that a change to the roofline will change
the aesthetics of the dwellings. They have however changed the direction of the roof of
residence 1 to ensure that there will be not additional shadowing created by this element.
Development Assessment
The proposal is neither a complying nor non-complying form of development and must be
considered on its merits against the relevant provisions of the Development Plan. The
Development Act 1993 provides that a Planning Authority is to have regard to the relevant
provisions of the Development Plan in assessing development proposals.
City of Charles Sturt 7. DAP Report 6/04/16
Attachment A Contains a Comprehensive list of all Development Plan provisions Considered
relevant to the proposal. A Comprehensive assessment against the relevant provisions of
the Development Plan has been undertaken within Attachment A. Where compliance with a
particular Development Plan provision requires further discussion, it has been outlined in
further detail below.
The following table provides a summary of the proposal against the relevant provisions of the Development Plan:
Dwg 1 Dwg 2 Development
Plan
DPP Provisions
Met?
Site Area per Dwelling 291.9 m2 291.9 m2 400 m2 for detached
300m2 for semi-
detached
No
Street Frontage Width 9.56m 9.56m 10m No
Building Height 7.4m 7.4m 8.2m Yes
Setbacks
• Front 5.9m 5.9m 6.5m (average of adjoining)
No
• Side (lower) Boundary—
1.2m
Boundary—
1.2m
0-0.9m Yes
• Side (upper) 2m 2m 2m Yes
• Rear (lower) 6.5m 6.5m 3m Yes
• Rear (upper) 6.5m 6.5m 8m No
Private Yard Areas 24%
(69m)
24%
(69m2)
25% of site area
(73m2 )
No
Carparking
• Tenant 2 2 1 Yes
• Visitors 2 2 1 Yes
Qualitative Standards
Development Plan (DP) Meets DP
Visual
Appearance
External colours and materials in harmony with existing
local character
Yes
Visual Impact Not dominate the streetscape Yes
Bulk & Scale Setbacks and siting consistent with the desired character Yes
City of Charles Stud 8. DAP Report 6/04/16
Desired Character
The desired character statement for the Residential Zone, Mid Suburban Policy Area 16
seeks a mix of dwelling types throughout, such as detached, semi-detached and group
dwellings. It is recommended that dwellings be of contemporary design that will integrate into the area's cosmopolitan and historic character. The desired character then goes on to
identify that development up to two storey in height is appropriate provided there is
minimal overshadowing or overlooking of the adjoining properties.
At 291 square metres the proposed site areas will be 27 percent under Residential Zone,
Mid Suburban Policy Area 16's required minimum site areas for detached dwelling of 400
square metres. The subject site is located within the Residential Code Area and therefore
the minimum allotment size for semi-detached dwellings can be considered, this means the
proposed allotments are 3% below the minimum 300 square metres required and the
proposal is considered to be in keeping with the desired character of the Policy Area.
Similarly the proposed frontages are slightly (0.5 metres) under the required minimum
width of 10 metres for detached dwellings however under the Residential Code, a minimum
width of a semi-detached dwelling, (8 metres) is considered appropriate. Therefore the
proposal exceeds this requirement.
The dwellings proposed fit with the desired uses in the Policy Area by increasing density and
housing style. This form and type of development is envisaged within the Residential Zone,
Mid Suburban Policy Area 16.
Visual Appearance/Built Form
Residential Zone, Principle of Development Control 14 requires dwellings to be designed in accordance with the building envelope requirements. Both dwellings are provided with two
metre setbacks off the side boundaries for the upper level which is consistent with the.
building envelope. Both dwelling have an upper storey rear setback of 6.5 metres and whilst
this is not meeting the Development Plan's requirement of 8 metres it is exceeding the 6
metres that is required under Schedule 4 - Complying Development. Due to the orientation
of the allotment, there is no additional overshadowing and visual bulk created by the lesser
rear setback and therefore this is deemed acceptable.
The front setback does not meet General Section, Design and Appearance -. Principle of
Development Control 23 in that it is not the average of the two adjoining buildings. The
average setback of the adjoining is 6.5 metres, the proposed dwellings have a setback of 5.9
metres. When considering the streetscape, the small variation to the setback will have little
visual impact on the occupiers of existing dwellings and therefore is deemed appropriate
with this regard. .
This is the first redevelopment of the older housing stock on Gluyas Avenue and as the
allotments are shallow, the ability to retain the existing front setback will become more
difficult. The proposed development has increased its front setback from that which was
originally lodged; the applicant has since increased the setback without compromising the
private open space of the dwellings.
City of Charles Sturt 9. DAP Report 6/04/16
The representors have raised concerns over the roof form and consider that the proposed
dwellings do not fit with the existing homes. Whilst it is acknowledged that this is a different
style and first development within the locality, the proposed dwellings as designed and sited
are considered reasonable.
Taking this into consideration, and the well-articulated front façade, the proposed setback
will not be detrimental to the streetscape.
Private Open Space
General Section, Residential Development, Principle of Development Control 14 (d) requires
dwellings to achieve 25 percent of the allotment as private open space. The dwellings are
only slightly under the requirements at 24 percent. They are meeting the minimum 60
square metres that would be required under the Residential Code had their allotments
already been created. The dwelling's private open space incorporate dimensions which
create a suitable usable space for the residents and therefore the shortfall is not considered
fatal. The proposal is therefore considered to reasonably comply with the intent of the
Development Plan with respect to private open space.
Overshadowing
Design and Appearance Principle of Development Control 9 requires buildings to be designed to enable adequate sunlight into adjacent dwellings and private open space.
Furthermore, Principle of Development Control 10 requires development to ensure that
north facing windows of adjoining dwellings receive a minimum of 3 hours of direct sunlight
and ground level private open space receive a minimum of 2 hours direct sunlight on June
21.
Due to the orientation of the allotment there is going to be overshadowing on the adjoining
allotment to the south from Residence 1. The existing dwelling on the subject site has its garage and verandah constructed along the southern boundary. Because of these structures
there is already an element of overshadowing onto the dwelling at 6 Gluyas Avenue.
Number 6 Gluyas also has a number of structures (verandah, garage and sail) along the northern side of the allotment so any overshadowing created by the upper storey of the
proposed dwellings is negated by the existing structures on site.
The proposal is therefore considered to reasonably comply with the intent of the
Development Plan with respect to overshadowing.
Overlooking
As the dwellings are two storeys, there is the potential for overlooking in all directions from
the upper levels. All of the dwellings side and rear windows are proposed to be screened to
a level of 1.5 metres above the finished floor level or are high sill level windows. There are
no upper level balconies to any dwellings.
On this basis, provisions relating to overlooking are considered to be met.
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City of Charles Sturt 10. DAP Report 6/04/16
Stormwater Management
Council's Civil Engineer has reviewed the application and confirmed that the finished floor
levels and stormwater management comply with Council's requirements. Therefore there
are no outstanding stormwater matters and the design is supported by Council's Civil Engineer.
Access and Parking
Table ChSt/2 - Off Street Vehicle Parking Requirements have been exceeded with the
proposed development providing 2 covered parking and 2 visitors parking per dwelling. The
crossovers have been tapered to a single width to maintain on street parking.
Conclusion
This application has been assessed against the Charles Sturt Development Plan dated 5 November 2015.
The proposed site areas and frontage widths have fallen short of Council's minimum requirements. It is considered that the shortfall in site area and frontage width has not
restricted the ability of the site to be developed is such a way that satisfies the Development Plan provisions and limits any impacts to adjoining allotments to a reasonable and acceptable level.
The dwellings are provided with sufficient setbacks which will not have an unreasonable impact to the neighbouring residential dwellings or streetscape. Adequate private open
space and on-site carparking is provided, with upper level windows obscured to minimise overlooking into the adjoining dwellings.
The design, roof form and style of the dwellings are of a contemporary nature which are
considered to complement the existing building styles and uphold the Desired Character of the Residential Zone.
Overall the proposal is considered to have sufficient merit to warrant Development Plan Consent subject to conditions.
Recommendation
Reason for Decision
The Panel has read and considered the report prepared by the Development Officer - Planning dated 6 April 2016 and agrees with the assessment outlined in that report.
That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not
seriously at variance with the relevant provisions of the Charles Sturt (City)
Development Plan consolidated 5 November 2015.
City of Charles Sturt 11. DAP Report 6/04/16
C. That pursuant to Section 33 of the Development Act, 1993, Development Application
Number 252/3064/15 be GRANTED Development Plan Consent subject to the
following conditions:
Develop in accordance with the approved plans
That the proposal shall be developed in accordance with the details and approved
plans stamped by Council except where varied by the conditions herein and shall be
completed prior to occupation of the proposed development.
Reason: To ensure the development proceeds in an orderly manner.
Structure not Enclosed
The verandahs shall not be enclosed on any side with any solid material, roller door,
or the like.
Reason: To preserve and enhance the amenity of the locality
1.5 metre high sill height
That the side and rear upper storey windows shall have a minimum 1.5 metre high sill
height above the finished floor level or have translucent glass/film to a minimum
height of 1.5 metres. The translucent glass/film windows shall be fixed or be provided
with awning sashes that do not exceed an open distance of 125mm.
Reason: To minimise the impact on adjoining residents.
Note: With respect to this condition other forms of screening can be used as
long as it can be demonstrated to Council that such screening will
prevent overlooking. However, should you wish to use an alternative
screening method you are required to lodge an application to vary the
above condition.
Stormwater be directed away from neighbouring properties
All stormwater runoff shall be directed away from neighbouring properties.
Reason: To ensure stormwater is disposed of in a controlled manner.
Stormwater Condition
All stormwater from buildings and paved areas shall be disposed of in such a manner
that it does not result in the entry of water into a building or affect the stability of a
building.
Reason: To ensure the development proceeds in an orderly manner.
City of Charles Sturt 12. DAP Report 6/04/16
Notes
The approval for this development DOES NOT imply approval to alter, shift or remove
any existing public infrastructure, including street trees and/or landscaping or any
other street furniture or features. Approval to alter any of these must be obtained from Council or the relevant government department or service authority. All costs
associated with such alteration are the sole responsibility of the applicant.
2 This consent does not give you authorisation to commence the abovementioned work
until your plans which are currently with Council have been assessed for Building
Rules consent. Once these plans have been assessed you will be issued with. a final
Development Approval.
3 Development Approval must be received for this development within 12 months of
the date of this Development Plan Consent.
You will require a fresh Development Plan Consent and Development Approval before
commencing or continuing the development if you are unable to satisfy these
requirements
4 Before proceeding with this proposal, you are required to seek Building Rules Consent
pursuant to the provisions of the Development Act, 1993.
To ensure your development can now proceed without unnecessary delays
please ensure the matters outlined below are properly managed.
The following information outlines your obligations in relation to appropriately managing
noise, dust and works effecting adjoining land (both private and public).
Driveway Crossovers
. If you are relocating an existing driveway crossover you must remove and reinstate the
old crossover to match the existing kerb profile, footpath and verge. You will require a
permit to work on Council land to construct your new driveway crossover which must
be constructed to Council specification. Please contact Council on 8408 1111 or refer to
our website http://www.charlessturt.sa.gov.au/page.aspx?u=808&c=4118 for relevant
specifications.
Council Verges
. Please take every precaution necessary to avoid damage to the landscaping and
infrastructure present on Council verges, as you will be required to make good
damage to Council property.
Common boundary
. When removing fences that are on the common boundary with your neighbour you
must give your neighbour 28 days notice in writing that you intend to remove the
dividing fence. Where the neighbour has a pool, particular care must be taken to
ensure the pool is not left exposed, if temporary fencing is installed the temporary
fence must comply with AS 1926.1 - Swimming pool safety. We recommend that you
City of Charles Sturt 13. DAP Report 6/04/16
consider the Fences and the Law booklet available on line and follow the processes
outlined in the booklet.
• Where it is intended to erect external walls on the boundary the face of the external
wall must be on the boundary. Further, barge boards, capping tiles or other fixtures
on the boundary wall must not encroach upon the land of the adjoining owner.
Existing fence lines may not be the true legal boundary. To avoid violation of
neighbour's rights, the onus of proof of the boundary line rests with the owner of the
land where the work is undertaken. This will necessitate a survey being carried out by
a licensed surveyor to identify the true location of the boundary and proposed footing
on the ground. You will need the neighbour's written approval to enter their land to
carry out any construction.
Neighbours
• Construction within an established neighbourhood can be a stressful time for existing
residents. You are urged to take all necessary precautions to ensure adjoining
properties are not damaged or residents unreasonably impacted. In the interests of
good neighbourliness you may wish to consider providing your contact details to all
adjoining property owners inviting them to contact you should there be any concerns
during the construction process.
Dust
• Airborne dust and sand emissions potentially generated on site must be managed and this can be achieved by wetting down the soil and site during the demolition and
construction process. If you have any concerns or questions in relation to dust you
can contact the EPA on 8204 2004.
Asbestos
• If there is asbestos material in or on the building or fencing to be demolished there are specific requirements for the method of removal and disposal of asbestos. The
removal of asbestos over 10 square metres in area must be carried out by a licensed
asbestos removal contractor in accordance with Safe Work SA requirements. For
further information in relation to this please contact Safe Work SA on 1300 365 255.
Use of Public Space
• Should any part of the development process require use of public land (ie, the
footpath, nature strip, road or other reserve), additional permits will be required..
• Examples of such activities include storage of materials, delivery of materials from public land, placing of temporary fences on public land, blocking of the road, footpath
or nature strip for any period of time.
• Where works from public space impact vehicular or pedestrian traffic, you will be
• requested to lodge a Traffic Management Plan that adheres to the requirements of
the relevant Australian Standards.
• Additional fees and charges may apply, please contact the Council's Compliance Team
on 8408 1198 to discuss your projects needs.
41
City of Charles Sturt 14. DAP Report 6/04/16
Environment Protection Note
The Environment Protection (Water Quality) Policy 2003 requires any person who is
undertaking an activity, or is an occupier of land to take all reasonable and practicable
measures to avoid the discharge or deposit of waste from that activity or land into any
waters or onto land in a place from which it is likely to enter any waters (including the
stormwater system).
The policy also creates offences that can result in on-the-spot fines or legal proceedings. The
following information is provided to assist you to comply with this legislation:
Building and construction should follow sediment control principles outlined in the
Stormwater Pollution Prevention - Code of Practice for the Building and Construction
Industry (EPA 1999). Specifically, the applicant should ensure:
. During construction no sediment should leave the building and construction site. Appropriate exclusion devices must be installed at entry points to
stormwater systems and waterways.
A stabilised entry/exit point should be constructed to minimise the tracking of
sand, soil and clay off site. However, should tracking occur, regular clean-ups
are advised.
Litter from construction sites is an environmental concern. All efforts should be made
to keep all litter on site. The applicant should ensure that bins with securely fitted lids,
capable of receiving all waste from building and construction activities, are placed on
site.
All building and construction wastewaters are listed pollutants under the Environment Protection (Water Quality) Policy 2003 and as such must be contained on site.
It is important that you familiarise yourself with the terms of the Policy and ensure that all
contractors engaged by you are aware of the obligations arising under it.
For further information please contact the Environment Protection Authority on telephone
(08) 8204 2004.