Extraordinary Council Meeting
24 May 2016
Subject: 801-807 New Canterbury Road, Dulwich Hill
File Ref: 16/4718/57927.16
Prepared By: Daniel East - Senior Town Planner - Development Assessment, Marrickville
Authorised By: Judy Clark - Manager Development Assessment, Marrickville
This report concerns an application under Section 96(2) of the Environmental Planning and Assessment Act 1979 to modify Determination No. 201500081, dated 28 October 2015, to re-configure the internal layout of the building, construct an additional storey to Building A and Building B and an increase to the finished floor level of the eastern portion of Building B by 200mm to accommodate the approved substation.
The development application relates to a type of development that the Minister of Planning and Environment has categorised as being of regional significance. The Sydney East Joint Regional Planning Panel is the consent authority for the purposes of determining the application.
Council officers have carried out an assessment of the application and the Council officer’s report on the application was forwarded to the Sydney East Joint Regional Planning Panel for the Regional Panel’s consideration. A copy of the Council officer’s assessment report on the development application is provided as ATTACHMENT 1. The officer’s report recommends that the application be approved.
The matter was heard by the Panel on Wednesday 18 May 2016 at the Christie Centre, Level 3, 3 Spring Street, Sydney. The matter was approved by the JRPP subject to the conditions recommended in Council’s assessment report, with an additional condition to remove a blade wall on the northern elevation of Building B.
The matter is referred to the Administrator to receive and note the application.
PART A - PARTICULARS
A development application (DA201500081) was submitted to Council on 3 March 2015, seeking consent to demolish the existing improvements and construct a 5 storey development consisting of a residential flat building (Building A) containing 42 dwellings and a mixed use building (Building B) containing 3 retail tenancies and 38 dwellings with 2 levels of basement car parking accommodating 108 car parking spaces at 801-807 New Canterbury Road, Dulwich Hill.
Approval was granted by Determination No. 201500081, dated 28 October 2015, to demolish the existing improvements and construct a 4 storey development consisting of a residential flat building (Building A) containing 37 dwellings and a mixed use building (Building B) containing 3 retail tenancies and 30 dwellings with 2 levels of basement car parking accommodating 108 car parking spaces on the above property.
The Section 96(2) application the subject of this assessment was submitted to Council on 22 December 2015. On 15 April 2016 the applicant submitted amended plans and additional information that responded to Council’s concerns in relation to the extent of the upper floor. In the submitted amended plans, the applicant proposes to increase the western and eastern side setbacks of the proposed upper floor as set out below:
· An increased eastern/western side setback of between 5.6 metres to 6 metres for the proposed Level 4 of Building B;
· To increase the western side setback to 6 metres for Level 4 of Building A;
· To maintain the existing 4.7 metres to 6.7 metres side setback to the eastern boundary of Building A as it was reduced during the original DA process to alleviate overshadowing impacts; and
· Side set back areas are proposed to contain non-trafficable concrete roof areas.
The amended plans submitted on 15 April 2016, are the subject of this assessment report.
The application was notified in accordance with Council's Notification Policy and 2 submissions were received in response to the original notification. As part of the JRPP process, all objectors were notified of the JRPP meeting, which is a public meeting. 1 objector addressed the Panel with regard to blade walls on the northern elevation of Building A.
The JRPP Panel considered Council’s Assessment Report and the material presented by the speakers at the meeting. The panel resolved to accept the recommendation of the assessment report to approve the development application pursuant to Section 96 of the Environmental Planning and Assessment Act 1979 for the following reasons:
“The additional floor is setback and does not have material impact on adjoining development;
The additional floor results in 2 x 5 storey buildings which fit into their context, in particular the height of development on the southern side of Canterbury Road, where the controls allow taller buildings.
The strategic planning unit of the Council has acknowledged that the height of the FSR controls relating to the precinct in which the site is located should be increased.”
The JRPP resolved to impose an additional condition to ensure a blade wall was deleted as follows:
“The plans are to be amended to remove all references to the fire blade wall on the north eastern corner of Building B. The change shall be reflected on the plans to be submitted with the Construction Certificate.”
A copy of the report on the application that was considered by the Joint Regional Planning Panel is provided as ATTACHMENT 1.
2. Marrickville Section 94/94A Contributions Plan 2014
The carrying out of the development would result in an increased demand for public amenities and public services within the area. A contribution of $1,310,200.90 would be required for the development under Marrickville Section 94/94A Contributions Plan 2014. The above contribution is the contribution applicable as at 27 April 2016.
However, the application includes a Voluntary Planning Agreement (VPA) which the applicant has entered into with Council for the development as part of the original application. The VPA seeks to provide a public benefit in addition to Section 94 Contributions being imposed by Council.
3. Any planning ( or draft planning) agreement under Section 94F of the Act
The specific details and an assessment of the VPA have been prepared by Council’s General Counsel and is provided as a separate report on this agenda.
The Panel Secretariat has advised that the matter was approved by the Joint Regional Planning Panel on Wednesday 18 May 2016 at the Christie Centre, Level 3, 3 Spring Street, Sydney.
PART E - RECOMMENDATION
THAT the report be received and noted.
Officer's Report - 801-807 New Canterbury Road, Dulwich Hill