AGENDA R

Council Meeting

23 August 2016

INDEX

Council Meeting

23 August 2016

Richard Pearson

Administrator

Vanessa Chan

Interim General Manager

Nellette Kettle

Director Innovation and Strategy

Simone Schwarz

Director Service Delivery

Phil Sarin

Director Planning and Environment

Cathy Edwards-Davis

Director Public Works

Peter Gainsford

Director Major Projects and Engineering

Popy Mourgelas

Manager Corporate Governance, Ashfield

Ian Naylor

Manager Governance and Administration, Leichhardt

Helen Tola

Manager Customer Service and Corporate Planning, Leichhardt

Tanya Whitmarsh

Manager Governance and Risk, Marrickville

Rad Miladinovic

Coordinator Governance and Administration, Marrickville (Minute Taker)

Katerina Maros

Governance Officer, Leichhardt

The Administrator determined that the Minutes of the Council Meeting held on Tuesday, 17 May 2016, Extraordinary Council Meeting held on Tuesday, 24 May 2016, Extraordinary Council Meeting held on Thursday, 30 June 2016 and  Extraordinary Council Meeting held on Tuesday, 5 July 2016 be confirmed.

C0716 Item 1      Minutes of Implementation Advisory Group Held on 14 July 2016

The Administrator determined that the Minutes of the Implementation Advisory Group held on 14 July 2016 be received and the recommendations adopted.

C0716 Item 2      Minutes of Joint Local Representation Advisory Committee Meeting Held on 12 July 2016

The Administrator determined that the Minutes of the Joint Local Representation Advisory Committee (JLRAC) meeting held on the 12 July 2016 be received and the recommendations adopted.

C0716 Item 3      WestConnex - Status Update - July 2016 and Determination of Applications/Notices for Project Works

The Administrator determined that:

Council:

1.       not grant approval for geotechnical investigations to occur at the Cove Street Depot, Cove Street, Haberfield;

2.       staff review and provide technical comments in response to the Technical Report –Flood Mitigation Strategy: Project Wide – Permanent Works Final Design (FD) (M4E-AEH-TR-00-120-100001_D_00);

3.       staff review and provide technical comments in response to the Technical Report – Flood Mitigation Strategy: WS – Temporary Works Final Design (FD) (M4E-AEH-TR-40-120-100001_D_00);

4.       officers continue to liaise with Sydney Motorway Corporation in an effort to protect the interests of the Inner West Community and continue to demonstrate the resolute position of the Inner West Council on the WestConnex Motorway project;

5.       reiterate to the Joint Venture that Vehicles exiting the Northcote Street site (C7) must not utilise Wattle Street and Dobroyd Parade. They must exit the site directly onto Parramatta Road, in a westerly direction;

6.       staff review and provide technical comments in response to the Technical Report – Stormwater Drainage Report: Wattle Street Temporary Works Site Final Design (FD) (M4E-AEH-TR-40-120-106001_D_00);

7.       staff review and provide technical comments in response to the Technical Report – Stormwater Drainage Report: Parramatta Road Temporary Works Site Final Design (FD) (M4E-AEH-TR-50-120-106001_D_00);

8.       remain opposed to the closure of footpaths on Parramatta Road, Dobroyd Parade and Wattle Street;

9.       in relation to those notices inviting Council comment, Council lodged a submission outlining its expectations for the protection of infrastructure, specifications for infrastructure restorations and traffic management;

10.     Council does not approve the applications submitted for approval.  Comments provided by officers be submitted to the SMC and Joint Venture to safeguard Council’s infrastructure; and

11.     Council not approve the road opening permit for new electricity main for Westconnex interchange site at St Peters.

C0716 Item 4      Parramatta Road Urban Transformation Strategy

The Administrator determined that:

Council:

1.       provide feedback to UrbanGrowth NSW prior to finalisation of the Parramatta Road Urban Transformation Strategy highlighting key issues with the proposed Strategy as it affects the Inner West LGA;

2.       demand that UrbanGrowth NSW re-exhibit the draft Strategy prior to it being presented to the NSW Government for endorsement;  and

3.       advise that Council does not propose to finalise rezonings associated with the Parramatta Road Strategy during the period under Administration.

C0716 Item 5      Street Tree Pruning by Ausgrid - Update

The Administrator determined that:

1.       Council’s arborists provide oversight of Ausgrid’s street tree pruning in the Inner West area over the final few weeks of their current program of works;

2.       Council works collaboratively with Ausgrid to develop a fit for purpose agreement to manage future urban tree pruning and associated works in the Inner West Council area, including a review of the guidelines and improved notification and consultation with the community;  and

3.       Council seeks an urgent meeting with the Minister for Energy to raise concerns with the extent of pruning works undertaken by Ausgrid.

C0716 Item 6      Development Application - 230 Victoria Street, Ashfield

The Administrator determined that:

PART A

THAT Council as the consent authority pursuant to Clause 80(1) (a) of the environmental Planning and Assessment Act 1979 (as amended) approve Development Application No. 10.2016.53.1 for the carrying out of alterations to the existing building for use as a cafe on Lot: 11 DP: 1002099, known as Yeo Park 230 Victoria Street, Ashfield subject to conditions outlined in Attachment 6.

PART B

THAT Council investigate and consider the following:

1.       the erection of signage in Yeo Park notifying users of Council’s smoking policy within parks;

2.       the erection of additional signage in Yeo Park outlining leash requirements for dog owners and the provision of additional litter bins; and

3.       the erection of speed limits signs outside Yeo Park Infants School.

C0716 Item 7      Local Traffic Committee Meeting held on 7 July 2016

The Administrator determined that the Minutes of the Local Traffic Committee Meeting held on 7 July 2016 be received and the recommendations be adopted.

C0716 Item 8      Operational Land Classification

The Administrator determined that Council classifies land at Lot 70 at 362-370 New Canterbury Road, Dulwich Hill as operational land for the purposes of the Local Government Act 1993.

C0716 Item 9      Marrickville Arts and Culture Grants 2016

The Administrator determined that Council endorses funding for 19 grant applications as outlined in Attachment 1, totalling $65,000 for the 2016 Marrickville Arts and Culture Grants Program.

C0716 Item 10    Marrickville Independent Artist Grants 2016

The Administrator determined that Council endorses funding for the 10 applications as outlined in Attachment 1, totalling $30,000 for the 2016 Independent Artist Grants Program.

C0716 Item 11    Marrickville Recreation Grants 2016

The Administrator determined that Council endorses funding for 17 grant applications as outlined in Attachment 1, totalling $30,000 for the 2016 Marrickville Recreation Grants Program.

C0716 Item 12    Draft Expenses and Facilities Policy for IAG and LRAC Committee Members

The Administrator determined that:

1.       the Draft Expenses and Facilities Policy for LRAC/IAG committee members as shown attached to the report, be placed on public exhibition in accordance with Section 252 of the Local Government Act; and

2.      after the conclusion of the public exhibition period, Council receive a further report on submissions received during the public exhibition period.

C0716 Item 13    Inner West Council Investments as at 30 June 2016

The Administrator determined that the report be received and noted.

C0716 Item 14    Annette Kellerman Aquatic Centre - Mechanical Works Tender

The Administrator determined that:

1.       Council resolves that Confidential Attachments 1, 2 and 3 to the report be treated as confidential in accordance with Section 10A(2)(c) of the Local Government Act 1993  as it would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; and

2.       Council declines to accept any Tenders and that, in accordance with clause 178(3)(e) of the Local Government (General) Regulation 2005, Council enter into negotiations with any person with a view to entering into a contract in relation to the subject matter of the Tenders.

C0716 Item 15    Tender 07/16 Security Surveillance, Patrols and Services

The Administrator determined that:

1.    Council resolves that Confidential Attachment 1 to the report be treated as confidential in accordance with Section 10A (4) of the Local Government Act 1993, as they relate to a matter specified in Section 10A(2)(c) & (d) of the Local Government Act 1993;

2.    the report be received and noted; and

3.    Council adopts the recommendation contained in the Confidential Attachment 1 for the duration of the contract.  

C0716 Item 16    Hiring Agreement for the Wests Tigers to use Leichhardt Oval No. 1

The Administrator determined that:

1.    Council resolves that Confidential Attachments 1 and 2 to the report be treated as confidential in accordance with Section 10A (2) (c) and (2) (d)(i) and (ii) of the Local Government Act 1993; and

2.    that authority is delegated to the General Manager to make any minor amendments that may be required and to sign the hiring agreement on behalf of Council.

C0716 Item 17    ADMINISTRATOR'S MINUTE:  WESTCONNEX LEGAL ADVICE - INITIAL ADVICE

The Administrator determined that:

1.      Mr Robertson’s first memorandum of advice be further considered by Council but it is noted that the prospect of successful challenge on the basis of the advice received is low;  and

2.      the Department of Planning and Environment Compliance Officer be requested to further consider and advise Council whether the conditions of approval relating to heritage salvage are being properly implemented.

Council Meeting

23 August 2016

SUMMARY

The Local Representation Advisory Committee and Implementation Advisory Group Meetings were held in August 2016 and this report presents the minutes of the meeting for consideration by the Administrator.

RECOMMENDATION

THAT the minutes of the Ashfield, Leichhardt and Marrickville Local Representation Advisory Committee Meetings and the Implementation Advisory Group Meeting held in August 2016 be received.

1.⇩

Minutes of Ashfield LRAC Meeting held 9 August 2016

2.⇩

Minutes of Leichhardt LRAC Meeting held 2 Aug 2016

3.⇩

Minutes of Marrickville LRAC Meeting held 3 August 2016

4.⇩

Minutes of Implementation Advisory Group Meeting - 15 August 2016

Council Meeting

23 August 2016

Council Meeting

23 August 2016

Council Meeting

23 August 2016

Council Meeting

23 August 2016

Council Meeting

23 August 2016

SUMMARY

To present the minutes of the Local Traffic Committee Meeting held on 4 August 2016.

RECOMMENDATION

THAT the Minutes of the Local Traffic Committee Meeting held on 4 August 2016 be received and the recommendations be adopted.

1.⇩

Minutes of Local Traffic Committee Meeting held on 4 August 2016

Council Meeting

23 August 2016

Council Meeting

23 August 2016

SUMMARY

This application seeks development consent for Stage 3 (DA1) of the Concept Plan approval for the Summer Hills Flour Mills development issued for the site under the State Environmental Planning Policy (Major Development) 2005 (MP10_0155 as modified).

RECOMMENDATION

THAT Council determine whether it wishes to make a submission to the Panel in relation to the proposal, and if so, the contents of such submission.

1.⇩

Council Officer's Report on the Development Application

Council Meeting

23 August 2016

Council Meeting

23 August 2016

SUMMARY

This proposal for construction of an 8 storey mixed use development consisting of 6 retail tenancies at ground level complies with the provisions of Ashfield Local Environmental Plan 2013 (ALEP 2013) and all other planning provisions applicable to the site with the exception of floor space ratio and street setback requirements of ALEP 2013. The variations sought are minor in nature and will not compromise the objective of the controls. Furthermore, due to site amalgamation, it provides a coherent urban design response to its location and effectively activates three street frontages including a side pedestrian lane and the rear lane where it will also interact positively with the development currently under construction at 5 Markham Place.

The proposal provides a 3m wide pedestrian right of way along the Markham Place frontage to allow safe pedestrian circulation where none existed previously. The proposal also provides a high level of residential amenity for future occupants and avoids adverse impacts upon adjacent properties.

There are some minor engineering issues which require further detailed resolution, but these can be addressed by way of deferred commencement conditions of consent.

RECOMMENDATION

THAT the proposal is acceptable and is recommended for deferred commencement consent.

Street Address

Lot No.

Deposited Plan

Title System

Total Site Area (by title)

317 Liverpool Road

1

10284

Torrens

199.3m²

319 Liverpool Road

2

10284

Torrens

175.1m²

319 Liverpool Road

3

10284

Torrens

176.2m²

331 Liverpool Road

4

10284

Torrens

177.4m²

TOTAL AREA

728m²

317Liverpool Road

No.

Determination Date

Proposal

Determination

10.2008.114.1

08.07.2008

Change of use from florist to restaurant

Approved

21.06.2011

21.06.2011

Alterations and additions to mixed use building

Approved

319-321 Liverpool Road

No.

Determination Date

Proposal

Determination

6.1968.6881.1

20.08.1968

Cool room for  funeral parlour

Approved

6.1968.6881.1

17.09.1968

Internal alterations to funeral parlour

Approved

6.1975.9960.1

09.12.1975

Alterations to Undertakers

Approved

10.2014.230.1

25.11.2014

Shop top housing

Refused

Application Milestones

Date

Event

File no

12.04.2016

Provisional development application submitted.

17.2016.85

04.05.2016

Development Application lodged “As-is”

10.2016.89.1

Ashfield Local Environmental Plan 2013

Summary Compliance Table

Clause No.

Clause

Standard

Proposed

Complies

2.3

Zone objectives and land use table

Zone B4 Mixed Use

Shop top housing (mix use development)

Yes

2.3(2)

Zone objectives and land use table

The consent authority must have regard to the objectives for development in the zone when determining a development application in respect of land within that zone.

Zone B4 Mixed Use

Objectives of Zone:

·   To encourage the orderly and efficient development of land through the consolidation of lots.

The site consolidates four lots into one and avoids the isolation of any adjacent sites.

Yes

4.1

Minimum subdivision lot size

N/A

728m²

N/A

4.3

Height of buildings

Max 23.0m if no affordable housing proposed

Max 30.0m if affordable housing proposed

29.18m (affordable housing proposed)

Yes

(relies on cl. 4.3A)

4.3(2A)

Height of buildings

If a building is located on land in Zone B4 Mixed Use, any part of the building that is within 3 metres of the height limit set by sub-clause (2) must not include any area that forms part of the gross floor area of the building and must not be reasonably capable of modification to include such an area:

Therefor in this case the max height is 27.0m for the reason affordable housing is proposed

25.5m

Yes

(relies on cl. 4.3A)

4.3A

Exception to maximum height of buildings in Ashfield town centre

Overall max building height is 30.0m if affordable housing is proposed.

29.18m affordable housing is proposed.

Yes

Maximum habitable building height is 27.0m measured to the top of habitable floor & must have 25% of the top 2 levels allocated to affordable rental housing.

25.5m to top of habitable floor and must have minimum of 2 units allocated to affordable rental housing

Yes condition imposed

4.3B

Ashfield town centre – maximum height for street frontages on certain land

Max 12.0m building height at Liverpool Road street frontage with a 12.0m setback for podium level.

12.0m building height at Liverpool Road street frontage however 11.5m setback for podium level

No

(see cl. 4.6)

4.4

Floor space ratio

3:1

3.18:1

No

(see cl.4.6)

4.6(3)

Exceptions to development standards

Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating.

Written requests submitted for variations to cl. 4.3B & cl. 4.4.

Yes

4.6(3)(a)

Exceptions to development standards

That compliance with the development standard is unreasonable or unnecessary in the circumstances of the case.

Demonstrated in both cases that compliance is unnecessary:

·   Cl. 4.3B (Street Wall Height): The height non-compliance results from the intrusion of a blade wall façade element on the tower section into the 12m setback zone by about 0.5m. This is a minor and incidental intrusion that does not impact on the appropriate perception of a street wall height of 12m and is consistent with the objectives of the standard. Therefore strict compliance is unnecessary.

·   Cl. 4.4 (FSR): The contravention results from the adoption of the height bonus in cl. 4.3A to provide affordable housing which cannot be implemented without a variation to the FSR standard; this variation is specifically envisaged by cl. 2.3, Part C3, Ashfield Interim Development Assessment Policy. As such, it is consistent with the objectives of the standard and strict compliance is unnecessary.

Yes

4.6(3)(b)

Exceptions to development standards

That there are sufficient environmental planning grounds to justify contravening the development standard.

Demonstrated in both cases:

·   Cl. 4.3B (Street Wall Height): The contravention results from minor decorative blade wall elements on the tower section that improve the articulation of the building and its architectural presentation. This is a desirable planning outcome and is considered sufficient environmental planning grounds.

·   Cl. 4.4 (FSR): The contravention results from the adoption of the height bonus in cl. 4.3A to provide affordable housing which cannot be implemented without a variation to the FSR standard; this variation is specifically envisaged by cl. 2.3, Part C3, Ashfield Interim Development Assessment Policy. As such, this is a desirable planning outcome and is considered sufficient environmental planning grounds.

Yes

4.6(4)

Exceptions to development standards

Development consent must not be granted for development that contravenes a development standard unless:

4.6(4)(a)

Exceptions to development standards

The consent authority is satisfied that:

4.6(4)(a)(ii)

Exceptions to development standards

The applicant’s written request has adequately addressed the matters required to be demonstrated by sub-clause (3), and

Demonstrated.

Yes

4.6(4)(a)(iii)

Exceptions to development standards

The proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

The proposed development is consistent with the objectives of both the development standards and of the zone.

Yes

4.6(4)(b)

Exceptions to development standards

The concurrence of the Director-General has been obtained.

Concurrence has been granted to Council by the Director-General.

Yes

5.10

Heritage Conservation

Part of site contains:

·  Heritage Item No. 214 (317 Liverpool Road, Ashfield)

This building is to be demolished in its entirety.

5.10(4)

Effect of proposed development on heritage significance

The consent authority must, before granting consent under this clause in respect of a

heritage item or heritage conservation area, consider the effect of the proposed

development on the heritage significance of the item or area concerned. This sub-clause applies regardless of whether a heritage management document is prepared

under sub-clause (5) or a heritage conservation management plan is submitted under sub-clause (6).

Heritage management document has been submitted.

Yes

5.10(5)

Heritage assessment

The consent authority may, before granting consent to any development:

(a)        on land on which a heritage item is located, or

(b)        on land that is within a heritage conservation area, or

(c)        on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

Heritage management document has been submitted.

Assessed as satisfactory by Council’s Heritage Advisor – in particular the heritage item on the site is not considered worthy of retention and a better urban design outcome is facilitated by its demolition.

Yes

State Environmental Planning Policy No. 65:

Design Quality of Residential Flat Development

Clause

Standard

Proposed

Complies

28

Determination of Development Applications

28(1)

After receipt of a development application for consent to carry out development to which this Policy applies (other than State significant development) and before it determines the application, the consent authority is to refer the application to the relevant design review panel (if any) for advice concerning the design quality of the development.

The application has been referred to Council’s SEPP 65 review officer for comment.

Yes

28(2)

In determining a development application for consent to carry out development to which this Policy applies, a consent authority is to take into consideration (in addition to any other matters that are required to be, or may be, taken into consideration):

(a)  the advice (if any) obtained from the design review panel, and

(b)  the design quality of the development when evaluated in accordance with the design quality principles, and

(c)  the Apartment Design Guide.

Yes

28(2)(b)

The design quality principles

1.

Principle 1: Context and neighbourhood character

Good design responds and contributes to its context. Context is the key natural and built features of an area, their relationship and the character they create when combined. It also includes social, economic, health and environmental conditions.

Responding to context involves identifying the desirable elements of an area’s existing or future character. Well designed buildings respond to and enhance the qualities and identity of the area including the adjacent sites, streetscape and neighbourhood.

Consideration of local context is important for all sites, including sites in established areas, those undergoing change or identified for change.

The proposal responds appropriately to desired future character of the B4 zone in Liverpool Road. In particular, it:

·    Successfully terminates the street wall against Markham Lane;

·    Activates not only Liverpool Road but also Markham Lane at the side and Markham Place at the rear;

·    Adopts a massing which creates a suitable model for future development in the strip which can connect to it.

Yes

2.

Principle 2: Built form and scale

Good design achieves a scale, bulk and height appropriate to the existing or desired future character of the street and surrounding buildings.

Good design also achieves an appropriate built form for a site and the building’s purpose in terms of building alignments, proportions, building type, articulation 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.

The scale is consistent with the LEP and DCP controls for the site and is appropriate for the three dimensional built form intended for this site and this section of the town centre generally.

Yes

3.

Principle 3: Density

Good design achieves a high level of amenity for residents and each apartment, resulting in a density appropriate to the site and its context.

Appropriate densities are consistent with the area’s existing or projected population. Appropriate densities can be sustained by existing or proposed infrastructure, public transport, access to jobs, community facilities and the environment.

The density is generally consistent with the FSR nominated for the site by ALEP 2013. Despite a small exceedance, this is envisaged by AIDAP 2013 in order to facilitate the additional height permitted for the provision of affordable rental housing.

Yes

4.

Principle 4: Sustainability

Good design combines positive environmental, social and economic outcomes.

Good sustainable design includes use of natural cross ventilation and sunlight for the amenity and liveability of residents and passive thermal design for ventilation, heating and cooling reducing reliance on technology and operation costs. Other elements include recycling and reuse of materials and waste, use of sustainable materials and deep soil zones for groundwater recharge and vegetation.

The proposal has been accompanied by a BASIX certificate demonstrating compliance with fundamental sustainability requirements.

Yes

5.

Principle 5: Landscape

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in attractive developments with good amenity. A positive image and contextual fit of well designed developments is achieved by contributing to the landscape character of the streetscape and neighbourhood.

Good landscape design enhances the development’s environmental performance by retaining positive natural features which contribute to the local context, co-ordinating water and soil management, solar access, micro-climate, tree canopy, habitat values and preserving green networks.

Good landscape design optimises useability, privacy and opportunities for social interaction, equitable access, respect for neighbours’ amenity and provides for practical establishment and long term management.

Due to the locality in the town centre, the landscaping, is, by necessity, limited to the rooftop of the podium level. Notwithstanding this, it provides: 

·    in excess of minimum communal open space areas on the roof of the podium facing Liverpool Road;

·    open space directly accessible from the main vertical circulation areas of the building;

·    generous rooftop planting.

Yes

6.

Principle 6: Amenity

Good design positively influences internal and external amenity for residents and neighbours. Achieving good amenity contributes to positive living environments and resident well being.

Good amenity combines appropriate room dimensions and shapes, access to sunlight, natural ventilation, outlook, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas and ease of access for all age groups and degrees of mobility.

Residential amenity is adequate:

·    Suitable internal layouts;

·    Adequate solar access and cross ventilation;

·    Adequate visual and acoustic privacy;

·    Suitable site layout.

Yes

7.

Principle 7: Safety

Good design optimises safety and security within the development and the public domain. It provides for quality public and private spaces that are clearly defined and fit for the intended purpose. Opportunities to maximise passive surveillance of public and communal areas promote safety.

A positive relationship between public and private spaces is achieved through clearly defined secure access points and well lit and visible areas that are easily maintained and appropriate to the location and purpose.

Safety and security is optimised due to:

·    Significantly increased passive surveillance of Markham Lane and Markham Place where none existed previously;

·    Activation of Markham Place and Markham Lane by both retail tenancies and the residential lobby.

Yes

8.

Principle 8: Housing diversity and social interaction

Good design achieves a mix of apartment sizes, providing housing choice for different demographics, living needs and household budgets.

Well designed apartment developments respond to social context by providing housing and facilities to suit the existing and future social mix.

Good design involves practical and flexible features, including different types of communal spaces for a broad range of people and providing opportunities for social interaction among residents.

A suitable range of unit sizes is provided from 1 to 3 bedrooms.

Yes

9.

Principle 9: Aesthetics

Good design achieves a built form that has good proportions and a balanced composition of elements, reflecting the internal layout and structure. Good design uses a variety of materials, colours and textures.

The visual appearance of a well designed apartment development responds to the existing or future local context, particularly desirable elements and repetitions of the streetscape.

The aesthetic resolution is sophisticated, well resolved and suitable for the evolving streetscape character of Liverpool Road.

Yes

28(2)(c)

Apartment Design Guide

Part 3

Siting the development

3B

Orientation

On merit.

Orientation to the street is appropriate in the context.

Yes

3C

Public domain interface

On merit.

Appropriate in the context

Yes

3D-1

Communal open space

Communal open space: min. 25% site area:   182m²

39%

(286m²)

Yes

Solar access to communal open space

Adequate solar access to rooftop communal open space.

Yes

3D-3

Communal open space is designed to maximise safety

Safety

Podium rooftop level communal open space is open and well observed by units above.

Yes

3E-1

Deep soil zones

7% min dimension 3m:

51m²

0%

(0m²)

This is considered acceptable given the built up urban town centre context of the site.

Acceptable

3F1

Building Separation

(5-8 storeys)

9m between habitable rooms/balconies and side boundaries

4.5m between non-habitable rooms

South (Liverpool Road):

·   12m

Yes

North (Markham Place):

·   3m (but in excess of 18m from adjacent tower across Markham Place)

Yes

East (Markham Lane):

Blank walls or with high-light windows only. These require a 4.5m separation.

·   3m (but 6m to centerline of laneway).

Any future tower on the facing building could be expected to be set back similarly from the laneway and would consequently exceed the total separation distance of 9m.

Acceptable

West (Markham Lane):

·   0m

Blank wall designed to tie in with blank wall on adjacent development and is appropriate in the town centre context.

Acceptable

3F-2

Privacy

Communal open spaces adequately separated from private open spaces and windows.

Yes

3J-1

Car parking

· 88m of railway or light rail station; or

· In or within 400m of B3/B4 land

Guide to Traffic Generating Developments prevails:

Residential:

·   0.6/1 Bed unit = 12

·   0.9/2 Bed unit = 6.3

·   1.4/3 Bed unit = 1.4

TOTAL: 20

Residential Visitors:

·   Spaces: 1/5 units = 5.6

TOTAL: 6

TOTAL RESIDENTIAL: 26

Residential:

·   29 (incl. 3 accessible)

Residential Visitors:

·   6 (incl. 1 accessible)

TOTAL RESIDENTIAL: 35

Yes

Part 4

Designing the Building

4A-1(1)

Solar & daylight access

70% of living rooms and private open spaces: min. 2 hours solar access between 9am and 3pm in mid-winter.

79%

Yes

4A-1(3)

Solar & daylight access

No direct sunlight at the above time: max. 15%

7%

Yes

4B-3(1)

Natural ventilation

Natural cross ventilation: min. 60% of apartments

75%

Yes

4B-3(2

Natural ventilation

Maximum depth of cross through apartments: 18m glass to glass

12m

Yes

4C-1

Ceiling heights

· Habitable rooms: 2.7m

· Non-habitable: 2.4m

· 2 storey: 2.4m 2^nd storey

· Attics: 1.8m at edge of room with 30 deg slope

· Commercial: 3.3m ground and first floor.

2.7m

Yes

4D-1(1)

Apartment size and layout

Minimum internal areas:

· Studio: 35m²

· 1 bed: 50m²

· 2 bed: 70m²

· 3 bed: 90m²

All units exceed the minimum areas.

Yes

4D-1(2)

Apartment size and layout

All habitable rooms to have window in external wall min. 10% floor area.

All units exceed the minimum areas.

Yes

4D-2

Apartment size and layout

Max. Habitable room depth: 8m

All units comply.

Yes

4D-3(1)

Apartment size and layout

Min areas:

· Master bedroom: 10m²

· Other bedrooms: 9m²

All units comply.

Yes

4D-3(2)

Apartment size and layout

Min. Bedroom dimension (excl. Robe): 3m

All units comply.

Yes

4D-3(3)

Apartment size and layout

Min. Living room dimension:

· 1 Bed Unit: 3.6m

· 2 Bed Unit: 4.0m

All units comply.

Yes

4E-1(1)

Private open space & balconies

Min. Balcony size/depth:

· Studio: 4m2/-

· 1 Bed: 8m2/2m

· 2 Bed: 10m2/2m

· 3 Bed: 12m2/2.4m

All units comply.

Yes

4E-1(2)

Private open space & balconies

Min. Courtyard size/depth:

· 15m2/3m

No ground floor units are proposed.

N/A

4F-1(1)

Common circulation spaces

Max. apartments off a single core: 8

8

Yes

4F-1(2)

Common circulation spaces

Max. apartments sharing single lift: 40 (10 storeys and over)

28

Yes

4G-1(1)

Storage

Minimum storage:

· Studio: 4m³

· 1 Bed: 6m³

· 2 Bed: 8m³

· 3 Bed: 10m³

50% to be in apartment (not bedroom/kitchen)

All units comply.

Yes

4H-1

Acoustic privacy

Noise transfer is minimised through the siting of buildings and building layout.

Layout is considered appropriate to address acoustic privacy issues.

Yes

4H-2

Acoustic privacy

Noise impacts are mitigated within apartments through layout and acoustic treatments.

Layout is considered appropriate to address acoustic privacy issues.

Yes

4J-1

Noise and pollution

In noisy or hostile environments the impacts of external noise and pollution are minimised through the careful siting and layout of buildings.

Layout is considered appropriate to address acoustic privacy issues.

Yes

4J-2

Noise and pollution

Appropriate noise shielding or attenuation techniques for the building design, construction and choice of materials are used to mitigate noise transmission.

The acoustic report recommends suitable acoustic treatment which will be addressed through conditions of consent.

Yes

4K-1

Apartment mix

A range of apartment types and sizes is provided to cater for different household types now and into the future.

A variety of apartment types is provided.

Yes

4L-1

Ground floor apartments

Street frontage activity is maximised.

All lower level apartments directly address the street.

Yes

4L-2

Ground floor apartments

Private courtyards elevated above the street by 1m-1.5m

No ground floor units are proposed.

N/A

4M-1

Facades

Building facades provide visual interest and respect character of local area.

The building façade provides a variety of materials and finishes which provides good articulation and a visual character suitable to the existing and evolving context of the locality.

Yes

4M-1

Facades

Building functions are expressed on the facade.

The building functions are suitably expressed on the façade.

Yes

4N-1

Roof design

Roof treatments are integrated into the building design and positively respond to the street.

The roof is appropriate to the context.

Yes

4N-2

Roof design

Opportunities to use roof space for residential accommodation and open space are maximised.

The roof of the podium level has been utilised for a large area of communal open space which also includes landscaping, eating areas, sitting areas and general open space.

Yes

4N-3

Roof design

Roof design incorporates sustainability features.

The roof includes planting areas which reduce heat gain to the units below.

Yes

4O

Landscape design

The landscape design is considered appropriate in respect of its treatment of the rooftop terrace.

Yes

4P-1

Planting on structures

Min. Soil depths:

· 12-18m trees: 1.2m deep & 10m x 10m

· 8-12m trees: 1.0m deep & 6m x 6m

· 6-8m trees: 0.8m deep & 3.5m x 3.5m

· Shrubs: 0.5m – 0.6m deep

· Ground cover: 0.3m – 0.45m deep

· Turf: 0.2m deep

Soil depths are generally 1m which is adequate for the type of planting proposed.

Yes

4Q-2

Universal design

Adaptable housing in accordance with Council policy.

3 of the units are adaptable & consistent with Council’s policy.

Yes

4R-1

Adaptive reuse

New additions to existing buildings are contemporary and complementary and enhance an area’s identity and sense of place.

New construction - not applicable.

N/A

4S-2

Mixed use

Residential uses of the building are integrated within the development, and safety and amenity is maximised for residents.

Suitably integrated.

Yes

4T-1

Awnings and signage

Awnings are well located and complement and integrate with the building design.

Awnings are suitably designed.

Yes

4T-2

Awnings and signage

Signage responds to the context and desired streetscape character.

No signage proposed at this stage – not applicable.

N/A

4U

Energy efficiency

A BASIX certificate has been submitted which demonstrates compliance with this provision.

Yes

4V

Water management

A BASIX certificate has been submitted which demonstrates compliance with this provision.

Yes

4W

Waste management

The garbage room is of adequate size to accommodate the number of bins required; and the waste management and collection arrangements would be satisfactory.

Yes

4X-3

Building maintenance

Material selection reduces ongoing maintenance costs.

The proposal is finished in painted render and metal cladding which is suitable for upper levels. Painted render is not appropriate, however, at street level & conditions of consent will require the use of more durable materials of either face brick, stone or tile.

Yes

State Environmental Planning Policy (Infrastructure) 2007

Summary Compliance Table

Clause No.

Standard

Proposed

Complies

101

Development with frontage to classified road

101(2)

The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:

101(2)(a)

where practicable, vehicular access to the land is provided by a road other than the classified road, and

Vehicular access is proposed off Markham Place.

Yes

101(2)(b)

the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

(i)

the design of the vehicular access to the land, or

Council’s engineer has not raised concerns with the design of the access in relation to the classified road.

Yes

(ii)

the emission of smoke or dust from the development, or

No dust or smoke is likely to result from the development.

Yes

(iii)

the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

Council’s engineer has not raised concerns with the volume of traffic in relation to the classified road.

Yes

101(2)(c)

the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

Being a residential development, the proposal is one which is inherently sensitive to traffic noise.

Nevertheless, adequate measures have been implemented in the form of louvres and winter gardens on the balconies to protect the inhabitants from excessive traffic noise. In addition, any recommendations of the acoustic report will be included as consent conditions.

Yes

Ashfield Interim Development Assessment Policy 2013

Summary Compliance Table

No.

Standard

Required

Proposed

Complies

Part C1

Access, Adaptability and Mobility

2.3

Universal Accessible Design

i.   Villas and townhouses:

ii.  Low rise Flats

iii.  Residential Flat Buildings

Part of proposal is classed as a residential flat building.

Yes

2.4

Adaptable Housing

10%

11%

Yes

2.5

Variations to Universal Accessible Design Requirements

Site conditions

No variations proposed due to site conditions.

N/A

7.4

Visitability

All apartments must be visitable from the street and the basement car park.

All apartments are visitable.

Yes

7.5

Interior dwelling design

The interior elements shall be adequately sized to allow wheelchair circulation.

Adequate circulation area provided except for bathrooms. Each unit is to have at least one bathroom which can be used by a person in a wheelchair.

A condition will be applied to the consent requiring this.

Condition

7.6

Access to private open space

Private open space shall be accessible and adequately sized to allow wheelchair access and use.

Private open space areas are accessible.

Yes

7.7

Access to car parking

Access to and from the car parking area for people with a disability, preferably by lift.

Suitable lift access is provided to and from the car park.

Yes

7.8

Access to communal garden space

Where there is communal open space on the site, it must be accessible from all dwellings required to have a universal accessible design, and by all visitors to the site.

The communal open space is accessible and suitably proportioned for use by wheelchairs.

Yes

Part C3

Ashfield Town Centre

1.1

Building Appearance

mixed developments shall be of a traditional architectural language:

·   basic tripartite arrangements to facades, employing symmetry and proportion

·   punctuated extremities, which signal the boundaries of the building.

·   solid walls, which have punched openings for balconies and windows, and have vertically emphasized proportions.

·   expression of architectural detailing, such as expression of datum lines and string courses, and a colour palette of materials of medium to dark monotone face brickwork and rendered coloured surfaces.

Building is of a contemporary aesthetic but follows traditional architectural compositional practice in that:

·   It adopts a base, middle and top;

·   It expresses the extremities;

·   It has a strong pattern of solid and void;

·   It expresses the form of the building with architectural expression of the facade elements.

Yes

1.3

buildings employing contemporary or non-historic building styles shall achieve a high compositional standard.

The architectural expression is considered to be of a high compositional standard.

Yes

1.4

Shopfront Design to be compatible with the existing townscape.

The shopfront design is appropriate to the context.

Yes

1.5

Blank side wall facades without windows be modelled to provide an articulated and attractive appearance.

The western side wall which is built on the boundary has been designed to be publicly visibly until such time as an adjacent development conceals it.

Yes

1.6

New Main Street Building Facades

Front facades above ground level to:

·   Be predominantly masonry;

·   contain openings of proportions found in the existing townscape;

·   take architectural cues from the existing townscape.

The façade along Liverpool Road, although in a contemporary aesthetic, is appropriately configured and presented.

Yes

1.7

Alterations to existing front facades above ground level to be sympathetic to the existing architectural composition and townscape.

N/A

N/A

1.8

Human Building Scale

Development to comply with the “street wall height zone” in accordance with Clause 4.1AA of the Ashfield LEP 2013.

The proposal is generally consistent with the street wall height zone.

Yes

1.9

Public Open Space

Development identified in Section 3 – Landscape to contribute to the provision of public open space.

N/A

N/A

1.10

Sites identified in Section 4 to provide weather protection for pedestrians over public open space.

Not required.

N/A

1.11

Vibrant and Safe Town Centre

Maximize public safety and create a lively Town Centre with shopfront & building design & ground floor commercial uses.

Ample active frontages have been provided by way of retail spaces on all three exposed ground floor frontages.

Yes

1.12

Signage

Signage to be subservient to existing architectural composition.

No signage proposed at this stage. Will be the subject to future DA if necessary.

N/A

2.1

Maximum Building height

Max. number of storeys:

6 + 2 bonus=8

8

Yes

2.2

Site Amalgamations

Site amalgamation may be necessary to achieve adequate site area to achieve maximum heights.

4 lots have been amalgamated to achieve a coherent and efficient development site which yields high quality urban design benefits.

Yes

2.3

Exceptions to maximum permitted height of buildings

A height bonus of up to 7 metres available for development within Area 1 subject to Clause 4.3A of Ashfield LEP 2013.

The application proposes the required proportion of affordable housing to activate the height bonus.

Yes

2.4

Solar access for adjoining properties

Must not compromise ability of adjacent sites to build to full floor space ratio potential and maintain solar access.

Does not overshadow adjoining properties unacceptably as high rise element overshadows public open space and the road surface.

Yes

2.5

Street Wall Height Zones

Area 1 “street wall height zone”, maximum street wall height of 12 metres for 12 metres from the main street frontage.

Council will consider variations where suitable.

Complies with the street wall height zone of 12m except for minor decorative façade elements on the tower which serve to improve its aesthetic presentation.

Yes

2.6

Facades parallel to Street

External facades of buildings, including buildings above the street frontage height, are to be parallel with the primary street boundary of the property.

Facades are parallel where appropriate.

Yes

3.1

Setbacks for public open space

Development specified in Clause 4, and shown on Map 4 shall provide “development setbacks” in accordance with clause 2.

Complies.

Yes

3.2

“Development setback” means that the development allotment is reduced in size in order to create a “residue lot” to be dedicated for public open space in accordance with clause 3. The land area dedicated to Council will be included when calculating allowable floor space ratio and as a credit towards any required Section 94 contributions.

N/A

N/A

3.3

A “residue lot” is an allotment created for:

·   enabling a public verge /footpath area wide enough for external public seating tree planting, and pedestrian flow.

·   the residue lot is dedicated to Council at the completion of development.

N/A

N/A

3.4

Development types listed below, and which are identified on the areas designated on Map 4 are required to provide a “development setback”.

Development setbacks will be required for:

·   - mixed use development such as ground floor businesses and upper level apartments buildings up to 8 storeys in height.

·   site development areas larger than 1000 m²

N/A

N/A

3.6

Security

Communal open space requirements identified in Residential Design Flat Code:

Residential flat developments/mixed developments on sites areas greater than 2000 sqm. Are to provide a minimum of 25 percent communal open space pursuant to the Residential Flats Design Code.

Development affected by Clause 8 below and which provides a development setback may provide a smaller communal open space area.

Communal open space exceeds minimum requirements.

Yes

3.7

Communal open space required pursuant to clause 6 may be located in the following positions:

·   on the roof of the residential flat building

·   at ground level where it abuts or will abut a major civic public open space identifies in this Part or Public Domain Strategy and is be designed to integrate with that space.

The communal open space is located as follows on the podium roof and is considered satisfactory.

Yes

Yes

3.9

Planter boxes shall:

·   provide soil depth, soil volume and soil area appropriate to the size of the plants to be established, in accordance with Table 1;

·   provide appropriate soil conditions and irrigation methods; and

·   providing adequate drainage, including water drainage spouts.

Planter boxes comply.

Yes

4.1

Active Street Frontages definition

Active frontage uses are defined as one of a combination of the following at street level:

·   entrance to shops and commercial premises

·   shop front,

·   clear glazed entries to commercial and residential lobbies,

·   café or restaurant if directly accessed from the street,

·   active office uses, such as reception areas, if visible from the street,

·   public building or community facilities if directly accessed from the street.

Active frontages satisfy these criteria.

Yes

4.2

Active Street Frontages - required location

Active street frontages are required in the areas shown on Map 7

Provided in excess of requirements.

Yes

4.3

Visibility of street

Sites affected by Clause 2 shall have shopfronts which are predominantly glazed, in order to ensure that adequate visibility of the street occurs, with the minimum amount of glazed area being as follows :

Shopfronts shall have as part of their ground level façade, a glazed area which is a minimum of 80 percent of the width of the shopfront, measured vertically from ground level to a minimum of 2.1 metres above ground level. The glazed area shall be transparent, so as to enable visibility of the street from the interior of the building.

Active frontages satisfy these criteria.

Yes

4.4

Location of parking

Any on grade (ground level) car parks are to be set back behind an active street frontage, and

designed in accordance with the controls set out in Part C11, Clause 5.3.

No at grade parking provided.

N/A

4.5

Street address

‘Street address’ is defined as:

·   entries, lobbies, and habitable rooms with clear glazing overlooking the street, and

·   excludes car parking areas.

Noted.

Noted

4.6

A street address is required on ground level of all areas identified in Map 5.

Street address consisting of the main lobby is located as required and activates Markham Lane.

Yes

4.7

Street Awnings

Awnings along street frontages are to be provided for all new developments as indicated in Map 5.

Awnings are to be designed to be in accordance with the following:

·   constructed out of metal framing and steel roofing material;

·   have a minimum ground level clearance of 3m,or which matches approximately the height of existing or adjacent awnings;

·   lighting installed to the underside in accordance of the awning in accordance with Council requirements

Suitable awnings are provided on all three frontages of the proposal.

Yes

4.8

Access ( people with disabilities)

Refer to Part C1 of Ashfield Interim Development Assessment Policy for requirements for access to buildings for people with disabilities.

Some minor non-compliances. Conditions proposed to achieve compliance.

Condition

4.9

Safety

Residential development along rear lanes is specified to ensure that windows contained in

residential flat building are positioned to ensure that surveillance occurs of those lane areas.

The rear facing upper levels have been set back the same distance from the rear boundary as the ground floor which provides the ability for passive surveillance and increases safety.

Yes

4.10

The following security devices shall be required in Residential Flat Buildings :

·   Ground and first floor levels shall have fitted security devices which comply with the Australian Standard.

Condition of consent proposed.

Condition

6.1

Proportion of ground level commercial space

In mixed development majority of ground floor area of should be business use. Service functions to be kept to a minimum.

The entire ground floor has been allocated to retail use except for the necessary access and service elements to the residential component above.

Yes

6.2

Car parking

Car parking to be below ground, for substantial developments.

All car parking is located below ground level.

Yes

6.3

Servicing requirements

Service Areas for commercial development to be provided.

Service areas have been provided as necessary.

Yes

6.4

Minimum ground floor ceiling

Ground floor commercial use, as a minimum 3m - 3.6m and adequate height between the ceiling and the first floor slab for installation of services.

3.0m

Yes

6.6

Shopfront composition

The minimum amount of glazed area.

Shopfronts are predominantly glazed.

Yes

6.7

Shopfronts not to have “roll-a-door” grille or opaque security shutters, unless predominantly transparent.

Not proposed.

Yes

6.8

Ground level shopfronts to complement the building style of the façade.

Yes

Yes

6.9

Awnings

Awnings to be provided in the locations stipulated on Map 6.

Awnings have been provided on all three frontages in excess of minimum requirements.

Yes

6.11

Air-conditioning units and satellite dishes

Air-conditioning units and satellite dishes:

a) not located on front façade and positioned at the rear.

b) at least 1.5 m from all adjoining property boundaries.

c) Use non-reflective materials.

d) diameter must not exceed 1.8 m on roof.

Not proposed.

Yes

6.12

Strata subdivision of offices

Strata subdivision of offices must address wall partitioning and fire egress, allocation of bathroom and kitchen facilities, waste storage locations, business signage and parking.

Not proposed at this stage.

N/A

8.1

Location of driveways

Driveways to be provided from lanes and secondary streets identified on Map 8.

Located from Markham Place.

Yes

8.2

Access ways to underground parking

Access ways to underground parking to minimise noise impacts on adjacent or nearby habitable rooms, including bedrooms.

Access driveway is suitably designed and is not directly adjacent any bedrooms.

Yes

8.3

Location of parking

Car parking shall be located below ground level for major development.

All parking is located below ground level.

Yes

8.4

Amount of Parking

Car parking to be as per Part C11 - Parking.

See Part C11.

Noted

8.5

Waste (garbage) storage, collection and location requirements

An area to be provided to accommodate bins for garbage collection and recycling of waste, with waste storage and collection areas (see Clause 6).

A waste generation management plan is to show the waste to be generated on a weekly basis, how it will be transferred to the waste storage area, and this is to be reflected on the plans and sizes for the waste storage area and ancillary areas.

Garbage collection facilities are located on ground floor service areas and also in chute deposit hatches on each floor.

Yes

8.6

Loading/unloading areas

Adequate facilities to be provided for the loading and unloading of service/delivery vehicles (see Clause 7).

A loading bay is provided off the rear lane.

Yes

8.7

Design of service areas

Vehicular access to parking areas, waste collection, loading and unloading, are to be minimised but functional. This shall be demonstrated by a “service area function plan” (see Fig 3), to show:

·   Waste collection room areas, including garbage bins, recycling bins, other bins, using the data in Information Sheet No 1.

·   Required truck manoeuvring areas, and parking areas, shown in plan and section for the emptying of bins onto trucks and the manoeuvring of bins to and from Waste collection room areas, using Council’s truck turning templates on Information Sheet No 1. (see Part C11 - Section 5).

Suitably designed.

Yes

8.8

Service doors and loading docks are to be adequately screened from street frontages and from overlooking by existing development.

All service areas are well screened.

Yes

8.9

Mail boxes

Mail boxes to be provided in one accessible location adjacent the main entrance and be integrated into a wall where possible and be of materials compatible with the building. Mail boxes shall be secure and large enough to accommodate articles such as newspapers.

Mail boxes are centrally located in the lobby area.

Yes

8.10

Communication structures, air conditioners and service vents

Satellite dish and telecommunication antennae, air conditioning units, ventilation stacks and any ancillary structures should be located:

·   away from the street frontage,

·   integrated into the roof design and not to become a skyline feature at the top of any building, and

·   adequately setback from the perimeter wall or roof edge.

Not proposed at this stage.

Yes

9.4

Clothes Drying Locations

Balconies are to accommodate an area for clothes drying and screen the drying area from view from the street.

Not proposed at this stage but can be included as condition of consent.

Condition

9.5

Reflectivity

Avoid glare that causes discomfort or threatens safety of pedestrians or drivers.

Proposal consists of low reflectivity materials.

Yes

9.6

Light reflectivity from building materials used on the facades of new buildings should not exceed 20%.

Proposal consists of low reflectivity materials.

Yes

9.7

A Reflectivity Report that analyses potential solar glare from the proposed development on pedestrians or motorists may be required.

Not necessary given the nature of materials proposed.

N/A

9.8

Waste and recycling, amount of bins, truck sizes

A “waste generation schedule” should show g the amount of waste day to day activities will generate, and a description of how occupants of the development will transfer their waste to waste collection areas on the site.

Schedule has been provided.

Yes

Part C11

Parking

3.3

Parking Credits

Do not apply if more than 50% of the building is being demolished.

100% of the existing buildings are to be demolished and as such no parking credits are applicable.

N/A

4.1

Car Parking for People with Disabilities

5 designated spaces per 100 required spaces = 1.3

4

Yes

4.2

Bicycle and Motor Cycle Parking

Residential:

· Spaces: 1/10 units =3

Residential Visitors:

· Spaces: 1/10 units = 3

Retail:

· Spaces: 1/20 staff = 1

Retail Visitors:

· Spaces: 1/250m² = 1

TOTAL: 8

TOTAL: 12

Yes

Motor Cycle

·   Spaces: 1/25 car parking spaces = 1

Motor Cycle

·   Spaces: 1

Yes

4.3

Parking Rates for Specific Land Uses

Resident spaces:

Defer to SEPP 65 rates:

·   TOTAL: 26 spaces

TOTAL: 35 spaces

Yes

Commercial spaces:

·   1/40m² = 4

Commercial spaces:

·   8

Yes

Courier spaces:

·   1 courier space/200m² = 1 space

Courier spaces:

·   1 space (loading bay)

Yes

Carwash:

·   1

Carwash:

·   1

Yes

5.0

Design Requirements

Compliance with relevant Australian Standards and detailed requirements of the Part.

Can be modified to comply by way of condition of consent. See comments by traffic engineer.

Condition

Part C12

Public Notification

Section 2

Notification Process

The application was notified in accordance with this part.

Yes

Part D1

Planning for Less Waste

Bin Numbers

Residential (28 dwellings):

· 1 x 240L garbage bin/2 dwellings=14 bins (x 50% for compaction) = 7

· 1 x 240L recycling bin/2 dwellings=14 bins

· TOTAL: 21 bins

Residential:

·   7 x 240L garbage bin

·   14 x 240L recycling bin

TOTAL: 21 bins

Yes

Retail (166m²):

·50L/100m2/day=581L garbage/week=3 bins

·25L/100m2/day=291L recycle/week=1 bins

· TOTAL: 4 bins

Retail (166m²):

·   6 x 240L garbage bin

·   3 x 240L recycling bin

TOTAL: 9 bins

Yes

Bulky Goods Storage

Bulky goods storage area is required.

Bulky goods storage area provided in garbage room.

Yes

Bin Presentation

Adequate space along Markham Place frontage for placement of up to 14 recycle bins once a fortnight and 7 waste bins once a week (different days). Full bins will be held in bin holding room in the interim.

Condition

Internal Referrals

Officer

Comments

Support

Building Surveyor

Supported subject to conditions.

Yes

Traffic Engineer

Supported subject to conditions.

Yes

Drainage Engineer

Supported subject to deferred commencement conditions.

Yes

Heritage Advisor

No objection.

Yes

Environmental Health Officer

No objection.

Yes

SEPP 65 Advisor

No objection.

Yes

Waste Management

No objection.

Yes

1.⇩

Plans of Proposal

2.⇩

Locality Map

3.⇩

Clause 4.6 Variation

4.⇩

Heritage Advice

5.⇩

Conditions

Council Meeting

23 August 2016

Council Meeting

23 August 2016

Council Meeting

23 August 2016

Council Meeting

23 August 2016

Council Meeting

23 August 2016

Council Meeting

23 August 2016

SUMMARY

This application seeks Council’s consent for demolition of existing structures and construction of a two storey residential flat building comprising 8 dwellings with basement parking. The proposal is generally compliant with the planning controls applicable to the site, has acceptable amenity impacts, and results in a well-mannered insertion into a diverse streetscape. Although it orientates the majority of its units towards the north side boundary potentially creating privacy issues with the adjacent residential flat building, particularly at the upper level, this has been managed by way of a combination of adjustable privacy screens and landscaping. There are, however, some outstanding issues in respect of stormwater drainage which require further resolution which should be addressed by way of deferred commencement conditions.

RECOMMENDATION

THAT the application be granted a deferred commencement consent.

Street Address

Lot No.

Deposited Plan

Title System

Total Site Area (by title)

75 Milton Street

31

707858

Torrens

928.7 m²

TOTAL AREA

928.7m²

No.

Determination Date

Proposal

Determination

06.1952.958

02.06.1987

Unknown

Unknown

Application Milestones

Date

Event

File no

02.02.2015

Provisional Development Application submitted to Council

17.2015.16

30.09.2014

Letter sent to applicant raising the following issues:

·   Council’s Heritage Advisor has reviewed the proposal and has raised the following concerns.  Please amend your application to resolve these issues.

Two heritage items are located in Cromwell Street and at the rear of the subject site.  The proposed building presents a plain, largely undeveloped elevation to the rear where the separation distance from the boundary is substantial and would support adequate screening.  The manner in which the proposed loft floor (second floor) of the building would exceed the 8.5m maximum permitted building height would accentuate the scale and visibility of the building and conformity with the envelope limit would seem a reasonable request. 

Adjacent to the south side of the property is a substantial Federation cottage with a notable front bay window.  The design of the proposed development includes a screen / shelter element formed by extension of the floor line of the first floor laterally to the south boundary.  This element visually constricts the space between the development and the Federation cottage and should be deleted.  This omission would mean that the floor line / edge line is similar at both sides.

·   The proposal fails to comply with the maximum FSR requirement of Ashfield LEP 2013.  Whilst a Clause 4.6 – Exceptions to development Standards request has been submitted, Council will not support any variation to the FSR.  Please also note that the semi open breeze with privacy screen is also to be included in the FSR calculations. As the FSR is excessive, the proposal must be modified to comply as no variation from the development standard will be supported.  Please provide a plan showing the gross floor area areas included for the purpose of FSR calculations.

·   The proposal fails to comply with the Height control of Ashfield LEP 2013.  Whilst a Clause 4.6 – exception to Development Standards has been lodged Council will not support any variation to the standard.  In addition Council is of the view that compliance can be achieved without materially altering the substance of the design.

·   The proposed landscaped area fails to meet the required 35% of the overall site area.  The proposal should be amended to comply.

·   The upper balconies are undersized and should be at least 2m in depth.

·   The semi open breezeway despite the privacy screens would have adverse privacy impacts upon the adjacent property to the south and should be fully enclosed with any outlook controlled by translucent glazing or suitable screening.

·   A correct design verification statement has not been provided.

·   Please provide more detail regarding the masonry structure located on the southern boundary immediately adjacent to unit 1.

·   The driveway gradients in particular1 in 20 transition immediately at the driveway entrance inside the property do not comply with the relevant Australian Standard and should amended to comply.

·   The car parking layout in particular the space dimensions i.e. blind aisle appear not comply with AS2890.1.

·   Elevational shadow diagrams showing the northern walls of both the proposed development and the adjacent property to the south (no. 77 Milton Street) are to be submitted which show both existing and proposed shadows as well as the use of the rooms served by any north facing windows.  Please note that solar access must be maintained in accordance with the requirements of Ashfield Interim Development Assessment Policy 2013.

17.2015.16

21.04.2015

Meeting held at Council with applicant. The owner of the site explained that he wanted to discuss the height and FSR of the proposal and that it is appropriate in this instance to vary the FSR and height control for the reason that the building is existing.

The owner/applicant was requested to further justify as to the reasons and appropriateness from a planning view point why Council’s height and FSR control should be varied.

The owner/applicant indicated additional details would be provided for Council to consider.

It was agreed that Council would wait for the applicant/owners revised plans and that a 3 week period be given to provide the information.

17.2015.16

25.06.2015

7 day reminder letter sent to applicant.

17.2015.16

01.10.2015

Submission returned to applicant due to lack of response.

17.2015.16

16.12.2015

Development Application lodged “As-is” which failed to address a number of the issues originally raised.

10.2015.255.1

08.03.2016

Reported to Council meeting of 8 March with a recommendation for refusal.

10.2015.255.1

08.03.2016

Council resolved that the matter be deferred in order for the proponent to address the deficiencies noted in the report.

10.2015.255.1

07.04.2016

Reminder letter sent to applicant regarding amended plans.

10.2015.255.1

11.04.2016

Amended plans prepared.

10.2015.255.1

16.06.2016

Meeting regarding deficiencies in amended plans.

10.2015.255.1

25.07.2016

Further amended plans received.

10.2015.255.1

Ashfield Local Environmental Plan 2013

Summary Compliance Table

Clause No.

Clause

Standard

Proposed

Complies

2.3

Zone objectives and land use table

Zone R2 Low density residential

(Schedule 1, Additional permissible uses, cl. 3: residential flat building permissible)

Residential flat building

Yes

4.3

Height of buildings

8.5m

6.95m

Yes

4.4

Floor space ratio

0.7:1

0.58:1

Yes

5.10

Heritage Conservation

Located in the vicinity of:

·  Heritage Item I-422 (69 Milton Street);

·  Heritage Item I-378 (24 Cromwell Street);

·  Heritage Item I-376 (22 Cromwell Street);

5.10(4)

Effect of proposed development on heritage significance

The consent authority must, before granting consent under this clause in respect of a

heritage item or heritage conservation area, consider the effect of the proposed

development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared

under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

No comment provided.

N/A

5.10(5)

Heritage assessment

The consent authority may, before granting consent to any development:

(a)        on land on which a heritage item is located, or

(b)        on land that is within a heritage conservation area, or

(c)        on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

No heritage management document has been submitted, however, impacts on items in vicinity of the subject land are considered acceptable.

Acceptable

Ashfield Interim Development Assessment Policy 2013

Part C1: Access, Adaptability and Mobility

Summary Compliance Table

(Design Checklist 1)

No.

Standard

Required

Proposed

Complies

Part C1

Access, Adaptability and Mobility

2.3(ii)

Universal Accessible Design

Low rise flats without lifts must have all ground level apartments must comply with universal accessible design principles in design checklist

Low rise flats.

Yes

2.4

Adaptable Housing

10%

10%

Yes

2.5

Variations to Universal Accessible Design Requirements

Site conditions

The site conditions are not such that they could be relied upon to justify any variations to the requirements.

N/A

6.2

Universal Accessible Design

All buildings referred to in clause 6.1 of this Part, shall be “accessible” as required in the Building Code of Australia and in addition have a universal accessible design for the interior design of the dwellings that meets the requirements of Section 6 of this Part.

All ground floor units are accessible.

Yes

6.3

Construction

In order to achieve an “implementation principle”, that considers design issues at Development Application stage in sufficient detail to ensure that at construction certificate stage and during construction compliance is achieved

Inadequate detail provided.

Condition recommended.

Condition

6.4

Access from street to dwelling entry

Access from the street into the entry area of each ground floor unit by a person with a disability.

All ground floor units can be accessed.

Yes

6.5

Interior dwelling design

The interior elements of all apartments shall be adequately sized to allow wheelchair circulation to all necessary areas

(f) All ground floor levels of townhouses must contain an area which contains a toilet and which is visitable by a person with disabilities.

Only Unit 01 complies. Compliance of other ground floor units can be addressed by way of condition of consent.

Condition

6.6

Access to private open space

(a) Private open space garden dimensions shall be wide enough to be able to accommodate a path accessible by wheelchair users.

(b) Garden dimensions shall be wide enough to allow tree planting and also meet the requirements of clause (a).

(c) Any balconies or verandahs shall be accessible.

Acceptable.

Yes

6.7

Access to car parking

Access to and from the car parking area for people with a disability by lift.

A chair lift is proposed to the basement car park.

Yes

6.8

Access to communal garden space

Where there is communal open space on the site, it must be accessible from all dwellings required to have a universal accessible design, and by all visitors to the site.

The communal open space is accessible.

Yes

Ashfield Interim Development Assessment Policy 2013

Part C5: Multi-unit Development in Residential Flat Zones

Summary Compliance Table

Clause No.

Standard

Required

Proposed

Complies

3

Preferred Development

3.2

Ashfield’s Housing Character

Developments must meet the following criteria:

a) the defining characteristics of the site, its streetscape, community, and neighbourhood locality are understood;

b) the proposed architectural style is suitable for the site;

c) the proposed development has the potential to contribute to Ashfield’s housing heritage.

The form and character of the proposal is consistent with the diverse architectural character of the surrounding buildings.

Yes

3.5(a)

Building Appearance and Neighbourhood Character

Buildings at the front must be orientated to the principal street frontage, and dwellings adjacent to a public street must address the street by having a front door or living room or kitchen windows facing the street;

The form and character of the proposal is consistent with the diverse architectural character of the surrounding buildings.

Yes

3.5(b)

The building generally conforms with the building line on adjoining land and in the immediate locality;

The front setback is consistent with those of adjacent properties.

Yes

3.5(c)

Building facades are to have:

·   a clearly defined base-middle-top;

·   well-balanced vertical and horizontal proportions;

·   modulation, including breaking up large horizontal facades into smaller articulated sections, which are also compositionally integrated with the whole building;

·   architectural features which give human scale at street level, such as entry porches, pergolas and fences.

The building is well articulated.

Yes

3.5(d)

Building design, roof form, detailing and materials visible from public areas and adjoining properties should not be in strong visual contrast with any positive and characteristic features of neighbouring properties. Generally the materials and finishes of the building to be similar to the traditional finishes predominating in Ashfield. Buildings to usually be in bi-chromatic (two colour) face brick with gabled/hipped terra cotta tiled pitched roof forms with no reflective materials that may cause glare.

As noted previously, the finishes and materials are consistent with the diverse architectural character of the surrounding buildings.

Yes

3.5(e)

Building design enables individual dwellings to be identified from public streets.

The front units are identifiable from the street.

Yes

3.5(f)

Carports and garages to be compatible with the building design and not dominate the

street frontage.

All parking located in basement garage.

Yes

3.5(g)

Entries to underground parking not to be visible from the street front.

The visibility of the basement ramp has been minimised with the use of dark recessive finishes. This will be reinforced by consent conditions.

Condition

3.6

Fences and walls

3.6(a)

Front fences and walls to be compatible with the streetscape.

The proposed front fence is appropriate in the context.

Yes

3.6(b)

Front fences and walls to be no more than 1.2m high if solid and forward of the building line. Height may be increased to 1.8m if the fence has openings which make it not less than 50% transparent;

The front fence exceeds the maximum height. A condition has been recommended to reduce its height to 1.2m.

Condition

4

Housing Density

4.3

Floor Space Ratios

0.7:1

0.58:1

Yes

4.10

Subdivision

Strata subdivision size will be considered on its merits

Satisfactory.

Yes

4.11

Maximum dwelling size

Maximum gross floor area of a dwelling should not exceed 125m². Smaller apartments are encouraged.

No dwellings exceed this size.

Yes

5

Siting, Building Height and Solar Access

5.4

Front Setback

To be consistent with the predominant setback of the buildings in the street.

Front setback is consistent with adjacent properties.

Yes

5.6

Orientation and Siting

Side and rear setbacks to be determined by amenity and urban design.

Development should not significantly affect adjoining property or resident amenity by:

a) increased overshadowing,

b) reduction in the level of privacy,

c) obstruction of views,

d) reduction in levels of daylight and ventilation.

Privacy and overshadowing issues have been adequately addressed.

Yes

5.8

Rear setbacks to allow adequate provision of green space between adjoining properties

The rear setback provides the required amount of communal open space.

Yes

5.9

Building Height

Defer to ALEP 2013

6.95m

Yes

5.9(a)

Not applicable in R2 zone

N/A

N/A

5.9(b)

Maximum roof pitch of 30 degrees may contain a 4th attic storey,

No fourth storey proposed.

N/A

5.11

Not applicable in R2 zone

N/A

N/A

5.12

Not applicable in R2 zone

N/A

N/A

5.13

Not applicable in R2 zone

N/A

N/A

5.15

Solar Access

80% of units to have at least one living room window with a northerly aspect

100%

Yes

5.16

Maximum amount of overshadowing:

5.16(a)

Sunlight to at least 50% (or 35m² with minimum dimension 2.5m, whichever is the lesser area) of the principal private area of ground level private open space of adjacent properties not to be reduced to less than three (3) hours between 9am and 3pm on 21 June. Where existing overshadowing by buildings and fences is greater than this, sunlight is not further reduced by more than 20% at any one time.

Acceptable.

Yes

5.16(b)

Private courtyards within a development to receive 3 hours of sunlight over 50% of area, between 9am and 3pm on 21 June.

The courtyard to Unit 2 would not receive adequate sunlight due to the large residential flat building located on the site to the north. This is considered acceptable given the difficult site constraints.

Yes

5.16(c)

Existing solar access should be maintained to at least 40% of the glazed areas of any neighbouring north facing living room/dining room windows, for at least 3 hours between 9am and 3pm in mid-winter (on 21 June). If existing solar access is already less than this standard, it should not be further reduced by more than 20% at any time.

The building to the south is already completely overshadowed at these times by the existing development. The proposal would not alter this situation.

Yes

5.16(d)

North facing windows within a new development should achieve the same standard of solar access.

The majority of north facing windows will receive adequate solar access except those to Unit 2 due to the large residential flat building located on the site to the north. This is considered acceptable given the difficult site constraints.

Yes

6

Privacy, Views and Outlook

6.3

Visual privacy

Visual privacy is required to meet the following standards, both within developments as well as across boundaries:

6.3(a)

Ground level direct facing windows to be a minimum of 9 metres apart or, where screening devices or planting is used, 6 metres apart. Direct facing includes an arc of 45º on either side of a window. If screening is used, the view of the area overlooked must be restricted within 9 metres and beyond an angle of 45º from the plane of the wall containing the opening, measured from a height of 1.7m above floor level.

The context of the site which includes a large carriage style walk up flat building to the north is very challenging. This has been addressed with the provision of privacy screens to the north facing balconies of the proposed building. While some overlooking would still be possible, this is considered acceptable given the provision of:

·   sliding privacy screens on balconies;

·   Screen planting along the boundary.

Yes

6.3(b)

As an alternative to 6.3 (a), windows to have minimum sill heights of 1.7m above floor level, or have fixed obscure glazing in any part of the window below 1.7m above floor level.

N/A

N/A

6.3(c)

Balconies, terraces and decks to be placed a minimum 12 metres away from any facing window or other balcony.

Balconies are 5.5m away from facing windows but suitable privacy measures compensate for this.

No

6.3(d)

Windows and balconies not to overlook adjoining areas of private open space. An outlook from windows, balconies, stairs, landings, terraces and decks or other private, communal or public areas within a development to be obscured or screened where a direct view is available into adjoining areas of private open space.

Screening provided to southern elevation. In addition, a

condition has been recommended requiring south facing upper level windows to consist of translucent glass up to a height of 1.65m above floor level.

Yes

6.3(e)

no screening is required where:

·   windows are in bathrooms, toilets, laundries, storage rooms or other non-habitable rooms and they have translucent glazing or sill heights of at least 1.7m;

·   windows are in habitable rooms and they have sill heights of 1.7m or more above floor level or translucent glazing to any part of a window less than 1.7m above floor level.

These measures are applied where necessary.

Yes

6.4

these standards must be achieved within developments, as well as across boundaries.

Privacy is considered adequate.

Yes

6.5

Acoustic Privacy

The level of acoustic privacy is required to meet the following standards, both within developments as well as across boundaries:

6.5(a)

bedroom windows are to be at least 3 metres from shared streets, driveways and parking areas of other dwellings.

Complies.

Yes

6.5(b)

bedrooms of one dwelling are not to share walls with living rooms or garages of adjacent dwellings.

Complies.

Yes

6.8

Views and outlook

Distant views available from neighbouring properties should be maintained where possible, in keeping with principles of view sharing.

Complies.

Yes

6.9

High walls in close proximity to neighbours’ windows or open space should be reasonably set

back, irrespective of shadowing or privacy impacts.

Setbacks are appropriate to the streetscape and consistent with those on the adjacent properties.

Yes

6.10

All dwellings should have an open outlook to an area of landscaping

or open space not compromised by privacy measures.

Considered acceptable given the local context.

Yes

8

Open Space and Landscaping

8.6

Private and Communal Open Space

Each dwelling to have a private outdoor area which:

a) does not encroach upon the front setback;

b) is directly related to a main living area;

c) is private and protected from overlooking;

d) meets solar access standards;

e) minimises overlooking of neighbours;

f) accommodates various uses;

g) is accessible by someone with a disability.

Complies.

Yes

8.7

If at ground level,

·   Minimum area: 35m²

·   Minimum width 3m:

All ground level units comply.

Yes

8.8

Balcony Size

If no private outdoor area at ground level, to be provided by a balcony or deck, with a minimum area of 10m², and a minimum dimension of 2m.

All balconies comply.

Yes

8.9

Communal Open Space

Communal open space exclusive of any drying or service areas to include a single open area with minimum dimensions of 10 metres by 12 metres.

If more than 6 units, the area to be increased by 5m² per unit. Area should be adapted for active and passive recreation and may include children’s play areas, barbeque areas and the like.

Required: 130m²

177m²

Yes

8.10

Landscaping Standards

Minimum landscaped area:

35% of the site area.

To be at finished ground level with a minimum width of 2 metres.

35%

Yes

8.11

Tree Preservation

A Tree Preservation Order covers all trees over 5 metres in height with a trunk girth of 350mm at ground level, (excluding Leyland Cypress Pine, privet, oleander, umbrella trees, cotoneaster, rubber trees, citrus and mulberry trees.

No significant tree removal proposed.

Yes

8.13

Retain sufficient curtilage around existing trees to ensure their retention.

No significant tree removal proposed.

N/A

8.14

Avoid removal or significant modification of any existing street tree along the frontage of the site.

No significant tree removal proposed.

N/A

9

Safety and Security

9.2

Security

Buildings adjacent to public or communal streets or open space to have at least one habitable room window with an outlook to that area.

All buildings overlook all communal circulation areas.

Yes

9.3

Visitors should be visible without the need to open the front door.