HURSTVILLE CITY COUNCIL
CIVIC CENTRE, MACMAHON STREET, HURSTVILLE.
__________________________________


SUMMARY OF ITEMS CONTAINED IN THE
DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH - SECTION ONE' REPORT
TO THE MEETING OF THE DEVELOPMENT, HEALTH AND PLANNING COMMITTEE
TO BE HELD ON 97 04 30TH APRIL, 1997-



05:02 Development Applications - Penshurst Ward
05:02.01 84 Penshurst Street, Penshurst (D.A. 454/96)
3 Storey Mixed Use Development And Basement Parking

05:02.02 26A Macquarie Place, Mortdale (D.A. 9/96)
3X2 Bedroom Two Storey Townhouses

05:03 Development Applications - Peakhurst Ward
05:03.01 41 Shenstone Road, Riverwood (D.A. 419/96)
1X5 Bedroom Townhouse And 2X3 Bedroom Villas

05:05 Miscellaneous And Other Matters
05:05.01 Development Applications Received Between 3 March And 31 March, 1997
05:05.02 Development Applications Determined Under Delegated Authority Between 3
March And 31 March, 1997
05.05.03 Proposed Telecommunications Facility by Vodafone at 523 King Georges Road,
Beverly Hills

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH
DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH - SECTION ONE
REPORT NO 01TO THE DEVELOPMENT, HEALTH AND PLANNING COMMITTEE
TO BE HELD ON 97 04 30TH APRIL, 1997-


The General Manager
Hustville City Council
The Civic Centre
HURSTVILLE

Dear Sir,

Hereunder is my report No.01 to be submitted to the DEVELOPMENT, HEALTH AND PLANNING Committee:-


05.02 DEVELOPMENT APPLICATIONS - PENSHURST WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.01 84 PENSHURST STREET, PENSHURST (D.A. 454/96)
3 STOREY MIXED USE DEVELOPMENT AND BASEMENT PARKING
(Report by Town Planner, Mr. N. Harrison)




Applicant : Petersham Pool Centre Holdings Pty. Ltd.
Proposal : THREE STOREY MIXED USE
DEVELOPMENT AND BASEMENT
PARKING
Zoning : Zone No. 3(a) - General Business
Owners : Mr David Sharrett
Petersham Pool Centre Holdings Pty. Ltd.
Existing Development : Commercial Pool Centre
Cost of Development : $1,400,000

PRECIS OF REPORT

1. Three storey above ground mixed use development comprising ground level showroom, offices on level one and residential on level two with basement car parking.

2. Amended plans submitted on 3 April, 1997 as a result of discussions with Council officers. Amendments incorporated altered column position to improve vehicle turning circles.

3. Three (3) submission received.

4. SEPP1 objection lodged to vary floor space ratio for Zone 3(a) - General Business.

5. Recommendation - Approval.


A development application for the mixed use development was lodged with Council on 30 December, 1996 following detailed discussions and a meeting with Council's Divisional Manager, Policy, Planning and Environment and Council planning officers. Following preliminary assessment of the application, amended plans were submitted to Council on 3 April, 1997 with revised column position and details outlining an improved turning circle layout for the basement carpark.

Existing and Surrounding Development

The subject site, 84 Penshurst Street, Penshurst, comprises lots 1 in DP 506751 and is 564.36 square metres in area.

The site is situated on the southern corner of Forest Road and Penshurst Street, approximately 300 metres north of Penshurst Railway Station. The site is bounded by Forest Road to the north, Penshurst Street to the west, an adjoining freestanding dwelling to the east and a Medical Centre immediately to the south.

The site is currently occupied by an open air pool and spa bath centre with a small brick and metal roofed structure against the south east corner of the site. The context of the subject site comprises primarily retail and commercial premises south along Penshurst Street, St. Declans Primary School to the north and Penshurst Girls High School to the west.

The school buildings and residential dwellings to the north and west of the subject site are generally set back from the street and are screened by substantial trees. The properties to the south are primarily block edge developments and the properties to the east, along Forest Road are a mix of free standing dwellings and residential flat buildings. The site to the east is zoned Residential to permit home unit construction.

History

30 December, 1996Development Application No. 454/96 submitted
11 February, 1997 to 4 March, 1997Development application notified to affected and adjoining property owners
11 February, 1997Development application publicly notified in the "St. George and Sutherland Shire Leader"
17 March, 1997Meeting held with the applicant to discuss the basement car parking issues, vehicular manoeuvring and to view a scale model of the proposal.
17 March, 1997Application referred to Council's Tree Preservation Officer for comment regarding several Illawarra Flame Trees on an adjoining property in Penshurst Street, Penshurst.
3 April, 1997Amended plans received for basement carpark.

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 3(a) - General Business under the Hurstville Local Environmental Plan 1994, and the proposal is permissible within the zoning with Council consent. The proposal has been assessed against the provisions of the Hurstville City Council Local Environmental Plan and General Business 3(a) Zone. No Development Control Plan for the Penshurst Town Centre has to date been formulated by Council. The 1994 Hurstville Local Environmental Plan however, within this zone permits a floor space ratio of 1.5:1. The degree of variance sought is an increase of 0.74:1, therefore resulting in a floor space ratio of approximately 2.24:1. Concurrence of the Department of Urban Affairs and Planning (DUAP) under the provisions of the SEPP1 submission will be required should Council wish to proceed with this proposal and vary the General Business 3(a) zone floor space ratio control for this application. Council's policy for commercial areas sets a maximum residential floor space portion of 0.5:1 within the commercial floor space ratio of 1.5:1. This allows an area of 282.0 square metres and residential portion proposed is 302.0 square metres.

Proposed Development

It is proposed to demolish the existing structures on the site and erect the three storey mixed use development comprising basement car parking, ground level showroom, level one offices and residential use on level two.

The subject premises is a key corner site which presents an opportunity to complete the built form edge along Penshurst Street and reinforce and define an existing, generally unoccupied corner site. As submitted by the applicant, the site when completed could be described as "forming the station approach and gateway to the Penshurst commercial precinct and railway station. The proposal attempts to clearly define this corner site and define the street edge with a three level, block edged form."

The objective of this proposal is fully supported by the Divisional Manager, Policy, Planning and Environment.

The proposed development provides for a mix of uses including showroom, commercial and residential, with three separate entries being provided for the development, one for each use. The entry areas to these levels are located around the building's edge, with residential entry to the development from Penshurst Street.

The applicant proposes to provide building setbacks to the eastern and southern boundaries. The building form will set back from the eastern boundary by 4.0 metres at levels 1 and 2 and by 4.0 metres to the southern boundary at level 2.

It is submitted that the setbacks to the building envelope have been provided "in consideration of the scale of the adjoining buildings and to locate the bulk of the building towards the corner of Penshurst Street and Forest Road." It is proposed to integrate into the setbacks, terraced areas to which pergolas are to be provided.

The building form at each entry is to be articulated. The applicant submits that this articulation will further define changes in materials where plan changes occur within the facade. Further, the building will allow cross ventilation and good penetration of natural lighting to showroom and commercial levels. Level 2 apartments are to be single units enabling cross ventilation, solar access and north oriented living spaces. Bedrooms for level 2 units are to be located away from Forest Road. Each unit/apartment has adequate provision of private open space.

Design Detail

The proposed development consists of 464.0 square metres of ground floor showroom, 478.0 square metres of commercial space on level and 3x2 bedroom apartments with an area of 302.0 square metres on level 2.

The applicant further presents that the building proposal is to incorporate "expressed, oversized window mullions and transoms, sunshading devices, deep reveals and a layering of materials and textures that will all contribute to the articulation of the building. The materials proposed are to be face brick, primarily in areas adjacent to existing buildings to the south and east, paint finished render, ceramic tiles on the north and west stair elements and timber and metal pergolas and sunhoods for the apartments, and level 1 terraces."

Vehicular access for the proposed development is off Penshurst Street. A single wide 4.5 metre basement carpark entry is provided as the number of on site spaces (16 spaces) is not considered to be excessive. A wide roller shutter as is outlined by the applicant, would impinge on the street amenity of Penshurst Street.


Tabled Information

Proposed
Council Requirement
Compliance
Site Area
564.36 m2
N/A
Floor Space Ratio
2.24:1
1.5:1
No
Residential Portion
302 m2
282 m2
No
Building Height
12.0 m (3 storeys)
12.0 m (residential)
Yes
Private Open Space:
144 m2 (min)
12.0 m2
Yes
Building Setbacks: Forest Road
Nil
Nil
Yes
Penshurst Street
Nil
Nil
Yes
Parking
16
32
No
Visitor Parking
1
Nil
Yes
Building Envelope
N/A
N/A
N/A
Frontage
30 m (approx)
N/A
Yes

Comment : Carparking - The applicant has set out his calculations and comments on car parking as follows :

"Residential 1 space/2bed dwelling 3 spaces
1 visitor/4 dwellings 1 space

Commercial 1 space/50 m2 NLA 9 spaces
Office

Showroom * 1 space/50 m2 NLA 8 spaces

* Council's guidelines indicate only a retail parking requirement of 1 space/28 m2. However, the showroom component of this development will not accommodate convenience retail, but more likely to continue as a pool and spa centre. This use is more attributable to a bulky goods outlet.

Therefore, we have suggested that a rate of 1 space/50 m2 would provide 8 spaces. This is approximately half the number of parking spaces which can currently be accommodated on the site.

It is also proposed that vehicular movements into and out of the development occur at the southern end of the Penshurst Street boundary as access from Forest Road would be prohibited by the RTA."

It is unclear from submissions made by the applicant as to what the applicant is requesting from Council in regard to car parking provisions as the calculations show 21 spaces are required but only 16 spaces are proposed on the plans.

Council's guidelines in business zones other than the Hurstville Town Centre are as follows :

Retail or Office (centre of less than 8 shops) 1/shop or office

Retail (centre of more than 8 shops) 1/28 m2 GLA

Offices (in centres greater than 8 shops) 1/40 m2 GLA

The applicable car parking guideline (as highlighted by the applicant) is a parking requirement of 1 space/28 square metres GLA. Council must assess the retail component and take into account, all future land uses, not just the likely continued use of the proposal as a pool and spa centre.

Discussions with Council's Divisional Manager, Policy, Planning and Environment regarding the above issues recommends that the applicant be required to provide parking for the proposal at the following rates :

Retail component (ground level) 1 space/28 m2 GLA

Commercial component (Level 1) 1 space/40 m2 GLA

and the residential component to remain as submitted, that is, one (1) space per unit plus one (1) visitor space, being four (4) in total. Under this level, the total number of spaces required is as follows :

Retail 464 m2 1 space / 28 m2 GLA
= 16.57

Commercial 478 m2 1 space / 40 m2 GLA
= 11.95

Residential 1 / unit and 1 / visitor
= 4

TOTAL = 32.52
Say = 32

The proposal provides for 16 spaces but one (1) is inaccessible so that leaves a shortfall of seventeen (17) spaces.

Where the total space requirement cannot be met, as is indicated above, Council may consider a cash contribution in lieu of the on site provision of car spaces. The rate for 1989 for the Penshurst area was $7,700 per space. It is recommended that Council consider the amount payable and the applicable level of spaces required beyond the number being proposed by the applicant.

Additionally, the basement parking area is reasonably 'tight' in terms of manoeuvring areas and the width between designated spaces. A condition of approval if adopted by Council considering the previous parking issues needs to ensure that no walls or garage areas are to be created and that all spaces should be allocated to particular property owners under future strata subdivision applications.

Floor Space Ratio

Variance is sought to the FSR control by the applicant on the basis that as the subject site is a key corner urban site which, in its proposed form, will provide a mix of uses without excessive height, completes the built edge along Penshurst Street, responds to the areas topography and does not impinge on the amenity of the immediate environment.

A formal SEPP1 objection application has been lodged by the applicant to vary the floor space ratio.

Variance is sought to enable the development of this site as a quality mixed use building which will improve the amenity of the existing site and contribute to the street amenity of Penshurst Street, towards Penshurst Station.

The Divisional Manager, Policy, Planning and Environment supports some variation of the floor space ratio could be considered as corner sites have particular merits which can sustain a greater building size.

If Council adopts the SEPP1 objection for variance to the FSR control from 1.5:1 to 2.24:1 the matter must then be forwarded to DUAP for concurrence.

Building Height

No specific building envelope or Development Control Plan for the Penshurst Town Centre is yet to be formulated. The proposal is however, three (3) storeys in height and is considered acceptable given the location, existing use and surrounding development west along Penshurst Street. It should however, be highlighted that generally, the predominant height of buildings along Penshurst Street are one and two storey.

Manager, Building Services

The proposal was referred to the Manager for assessment against the provisions of the Building Code of Australia. It was advised that a number of areas be addressed at the Building Application stage. These included garbage storage, loading dock, direct access from carpark to retail/commercial areas, vehicle manoeuvrability and building projection.

Manager, Development Advice

The proposal was referred to the Manager for assessment. Standard conditions relating to stormwater, on site detention, paving blocks for the footpath in Penshurst Street and kerb and gutter replacement where highlighted.

Manager, Traffic and Transportation

The proposal was referred to the Manager for assessment. A number of concerns were identified for further investigation and these include inadequate carparking, ramp grades, driveway safety and on-site service facilities (loading dock).

Public Notification and Comment

The proposal was advertised in the "St. George and Sutherland Shire Leader" and adjoining residents were notified by letter and given twenty-one (21) days in which to view the plans and submit any comments on the proposal. Three (3) submissions were registered and their concerns are outlined below :

i) Floor Space Ratio

"The proposed floor space ratio for this development is 2.24:1 which substantially exceeds Council's stated floor space ratio for the area."

Comment : The applicant has submitted a SEPP1 objection to this control to which Council has the discretion to seek concurrence with the Department of Urban Affairs and Planning should it consider it worthy of approval.

ii) Lack of Neighbourhood Character

"It was not so long ago that I read with great joy that Council had committed itself to retaining the village atmosphere of Penshurst and I feel that a development of three storeys would totally destroy any village atmosphere. Further retail development is surely not needed in Penshurst as Hurstville is only one station away and very well served by bus and train services. There have been empty shops in Penshurst for many months and indeed, the closure of the Westpac Bank in Penshurst spelt the death knell for several small outlets struggling for patronage and there is certainly no demand for a development of this kind.

Hurstville retail and business district is fast becoming immense and, whilst one is able to enjoy shopping in all its forms there, it is most necessary to one's quality of life to be able to return to the village atmosphere of Penshurst where one can certainly purchase all one's necessities in foodstuffs as we are well served by two supermarkets, venturing only into the hurly-burly of Hurstville for any other requirements.

Penshurst shopping area is comprised of two-storey buildings interspersed with the occasional one-storey building and the additional height of a three-storey building would severely alter the profile of the area. I sincerely hope that in considering this application Council will not forgo its commitment to retaining the status quo in Penshurst and I shall away your comments and decision with concern."

Comment : The proposal has been forwarded to Council's Divisional Manager, Policy, Planning and Environment for comment, to which it was recommended that the proposed site would be acceptable for this form of development and future direction of the Penshurst town centre. The above comment is subjective and based upon one individual's personal opinion. It does, however, provide some areas that need careful consideration at Council level.

iii) Building Works

"Construction works will damage the adjoining property."

Comment : Builders are required to protect adjoining lands.

iv) Trees on Adjacent Land

"We would also draw Council's attention to the fact that several mature Illawarra Flame Trees (Brachychiton Acerifolium) which are close to our boundary, could very well die as a result of excavations for the basement of the proposed building, and we would point out that these trees have formed an important part of the Penshurst streetscape for the last thirty years."

Comment : The Council's Tree Preservation Officer has inspected the neighbouring site where the trees exist and does not expect the proposed building will cause any problems to these trees.

Summary

The major issue is the floor space ratio variation and the SEPP1 objection lodged by the applicant to secure such variation states as follows :

"OBJECTION UNDER SEPP1, HURSTVILLE LEP, 1994
Floor Space Ratio control in a 3(a) General Business Zone

7.1 Development Standard

The 1994 Hurstville LEP 3(a) zone permits a floor space ratio of 1.5:1.0.

7.2 Degree of variance

The degree of variance proposed is an increase of 0.74:1.0.

The proposed FSR of the subject application is 2.24:1.0.

7.3 Basis for objection

Variance is sought to the FSR control as the subject site is a key corner urban site which, in its proposed form, will provide a mix of uses and an urban form which defines the street corner without excessive height, completes the built edge along Penshurst Street, responds to the areas topography, and does not impinge on the amenity of the immediate environment.

Variance is sought to enable the development of this site as quality mixed use building which will improve the amenity of the existing site and contribute to the street amenity along Penshurst Street, towards Penshurst Station."

The proposed redevelopment of 84 Penshurst Street, Penshurst is considered to be of an appropriate scale and mix of use for the Penshurst locality and surrounds. It is acknowledged that the predominant building height within Penshurst is a mix of one and two storey development. The development, however, will increase the edge definition of Forest Road and Penshurst Street being a prominent corner site.

The proposal is reasonably removed from the main focus of the Penshurst commercial strip and will therefore not adversely affect the amenity of the surrounding local area. The development will, however, generate pedestrian activity towards Forest Road and provide a good opportunity to redevelop an under-utilised site in Penshurst Street.

It is for these reasons that Council is recommended to consider the SEPP1 objection submitted by the applicant with respect to the proposed floor space ratio increases with it being noted that the concurrence of the Department of Urban Affairs and Planning will be required for the SEPP1 objection.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 84 PENSHURST STREET, PENSHURST (D.A. 454/96)
3 STOREY MIXED USE DEVELOPMENT AND BASEMENT PARKING
(Report by Town Planner, Mr. N. Harrison)


. Recommendation 84 PENSHURST STREET, PENSHURST (D.A. 454/96)
3 STOREY MIXED USE DEVELOPMENT AND BASEMENT PARKING
(Report by Town Planner, Mr. N. Harrison)



RECOMMENDATION


THAT the matter of Development Application No. 454/96 be deferred and referred to Ward Councillors for an inspection and report with Council Officers

AND FURTHER THAT Council grant delegated authority to the General Manager to determine the application but only where such a determination is in accordance with the recommendations of the majority of Ward Councillors.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.02 26A MACQUARIE PLACE, MORTDALE (D.A. 9/96)
3X2 BEDROOM TWO STOREY TOWNHOUSES
(Report by Manager, Development Services, Ms. G. Vereker)





Applicant : Mr. O. Shipp
Proposal : 3 X 2 BEDROOM TWO STOREY
TOWNHOUSES
Zoning : Zone No. 2 - Residential
Residential Development
Control Plan 1994 : Development Area "D"
Owners : Mr. O. Shipp
Existing Development : Single Storey Dwelling and Detached Garage
Cost of Development : $240,000

PRECIS OF REPORT

1. The proposal is to construct 3 x 2 bedroom two storey townhouse type dwellings

2. The proposal is not in compliance with the criteria of Council’s policy, including minimum frontage requirements, building set backs, landscaped area and private open space provision.

3. No objections are raised by Council’s engineers and building surveyors.

4. Submissions were received from nearby and surrounding residents during the notification period.

5. Precedent for approval with development existing at 24 George Street (Cnr. The Strand).

6. Recommendation - approval subject to conditions.


Proposed Development

The applicant proposes to demolish the existing dwelling on the site and construct three two storey townhouse type dwellings, each containing two bedrooms. Car parking is to be provided within attached garages with a separate vehicle kerb crossing for each dwelling.

Site and Surrounding Area

The subject site is a corner allotment, which has a frontage to Macquarie Place of approximately 12 metres, and a frontage to The Strand of approximately 37 metres. The site has a slight cross fall from its north-eastern boundary, fronting The Strand, to its north western boundary, adjoining 28 Macquarie Place.

Existing development on the site consists of a single storey dwelling house, of federation character, and a detached garage. The existing form of development on site is inconsistent with the general locality, which has been transformed from single dwellings to medium density development in recent years.

Adjoining development generally comprises three storey residential flat buildings with enclosed parking at ground level or open parking areas at ground level.

Application History

3.4.96Council advised the applicant in writing that the proposal was not acceptable, and suggested amendments involving:
* relocation of building closer to The Strand; and
* relocation of building so that dwelling 1 is closer to Macquarie Place.
1.5.96A meeting was held with the applicant and Council’s Officer. The applicant was advised of the changes required and indicated that amended plans would be submitted reflecting the suggested amendments.
13.5.96Amended plans were submitted to Council indicating a reduced set back of the proposed building from the property boundaries fronting Macquarie Place and The Strand, and an increased set back from the western property boundary.
22.11.96The Development Application was referred to HASSELL for assessment.
9.1.97The applicant was advised in writing by HASSELL that the information submitted with the application was insufficient to enable an assessment under the relevant Section 90 matters for consideration. It was requested that additional information be submitted, including justifications for the non-compliances with Council’s planning policies.
3.2.97Additional information submitted to HASSELL in response to letter dated 9 January 1997.

Statutory Requirement

The subject site is Zoned No. 2 - Residential, under the Hurstville Local Environmental Plan 1994. The proposal is permissible with the consent of Council.

There are no numerical statutory provisions contained within the LEP relevant to the assessment of the current application.

The subject land is within Development Area D, and the proposal has been assessed against Council’s Interim Residential Development Code (IRDC). The following table summarises the proposals compliance with the provisions of the IRDC. Further comment is provided where appropriate.

ProposedCompliesInterim DCP
Site Area432m2Yes-
Density3 dwellingsYes4.1 dwellings
Frontage12mNo24m
Storeys2Yes3
Building Setbacks
Front
Second frontage
Rear
4.0m

2.5m
4.0m
No

No
No
6m

6m
6m
Residential Parking3Yes3
Visitor ParkingNilYesNil
Building Height7.7mYes12m
Private Open Space
Ground level
Balcony
15m2 (min)
7m2 (min)
No
No
50m2
12m2
Landscaped Area43.7% (188.8m2)No45% (194.4m2)


Comment on Compliance Table

Building Appearance - This site cannot comply with Council's minimum frontage requirement as it is isolated by an adjoining development which generally consists of larger three storey residential flat buildings with little architectural treatment or attention to detail. The town house style of the proposal, however, provides an interesting design, utilising a federation character, articulation to the walls, and architectural details such as bay windows, bull nose verandahs and pitched roof. The proposed building appropriately addresses both Macquarie Place and The Strand, giving identity to each separate dwelling within the building

The narrowness of the site prevents it complying with Council's front, side and rear setback requirements, but the scale of development on the site is generally lesser than that of adjoining development with regard to its height and bulk. The construction of a two storey development within the existing local context of generally three storey development is considered acceptable given the height difference is not dramatic. Additionally, the reduced height of the building compared to adjoining development is partially attributed to an attempt to minimise impacts to adjoining development. This is discussed in further detail under "Overshadowing".

This proposal is more of a townhouse development and it meets Council's setback requirements under Area "C" development provided it observes a 4.5 metre wide alignment to Macquarie Place.

Private Open Space

The form of development on the subject site, and the narrow width, makes compliance with the minimum private open space requirements difficult in that all dwellings within the proposed building have a ground floor component. To comply with the minimum open space requirements between the building and the property boundary of 28 Macquarie Place would result in a minimal set back of the building from The Strand of less than one metre. This is considered detrimental to the streetscape as discussed elsewhere in this report.

The dimensions of private open space do not meet Council's prescribed minimums for ground level spaces but the areas provided do exceed the areas required for balconies in Area "D" development.

The private open space provision is considered acceptable in that adequate amenity and utility will be available. The amendments required by the conditions of consent attached to this report will improve the open space provision.

Landscape - The immediate vicinity is characterised by the street space being enclosed and defined by large, generally three storey, residential development. Buildings are dominant to the landscaped spaces in which they are located. The proposed development will maintain this character by creating an urban built edge to the street, enhancing the prominence of the corner allotment. Landscaping to be provided between the property boundary and building line will further integrate the proposed building within the existing streetscape. The type of landscaping will be determined by a full landscape plan to be submitted with the building application. An appropriate condition of consent has been included within those attached to this report.

Whilst the relationship between the proposed building and the associated landscaping mesh well within the existing streetscape context, the amount of site to be occupied by the building is in excess of Council’s maximum. This issue is discussed elsewhere in this report.

Fences and Walls - The open space areas associated with development in the locality are semi-public in nature in that they are commonly unfenced and consist of common property of residential flat buildings. The width and orientation of the subject site, however, determines that the use of the front yard area as common, unfenced open space would unduly restrict the utility of the site. In this regard, the type of fencing to the street currently proposed is transparent and not excessive in height. It is considered, in association with additional landscaping to the site boundaries, that the proposal achieves an acceptable balance between the use of the front yard area and the maintenance of the existing landscape character of the locality. Conditions contained in those attached to this report re-enforce the attention to detail required at the building application stage.

The introduction of three garages and vehicle cross overs to The Strand property frontage is considered acceptable due to the architectural design elements and articulation incorporated into the proposed building.

Site Coverage

The area of the site to be occupied by the proposed building, as indicated in the above table, exceeds the minimum landscaped area requirements stipulated by Council. The site does not exhibit any obvious constraints which inhibit compliance with Council’s control. Accordingly, the size of the building should be reduced to accommodate a minimum of 45% of the total site area as landscaped area. An appropriate condition of consent has been included in those attached to this report, given the required reduction in the size of the building will not substantially alter the proposal as submitted to Council.

Amenity Considerations

i) Overshadowing

The adjoining residential flat building at 28 Macquarie Place is configured in such a way such that its elevation adjoining the common boundary between the subject property consists of balconies off living rooms at the second and third storey levels. The sun angle and shadow diagrams prepared in relation to the proposed development indicate that the second storey of the adjoining building will be overshadowed between 9.00am and 12 noon during the mid-winter period. The shadow will be a maximum of 2.2 metres and 0.6 metres above the floor level of the balconies of the second storey at 9.00am and 12 noon, respectively.

Whilst the proposal will not overshadow the adjoining building during the 12.00 noon and 3.00pm mid-winter period, the balconies will be overshadowed by the adjoining building itself.

The shadow diagrams prepared for the equinox indicate that the proposed building will overshadow the adjoining building located at 28 Macquarie Place during the 9.00am period only, to a height of 0.8 metres above the first floor level. It is considered that solar access to the adjoining building is adequate during the equinox period. The amendments suggested below will allow an improvement in the likely impact during the equinox period.

The proposed development will not impact upon the adjoining building at 28 Macquarie Place at between 9.00am and 3.00pm during the mid-summer period.

A number of options, applied separately or concurrently, are available to reduce the overshadowing during the mid-winter period as a result of the proposed development. These amendments will also reduce the overshadowing during the equinox period as suggested above. However, due to the narrow width of the site, and the expectation that any development would have more than one storey, it is impossible to completely remove all overshadowing to the adjoining property. The options available include:

* Reduce the height of the building through reduced floor to ceiling heights and lowered roof pitch

Comment The information submitted with the application indicates that the floor to ceiling heights currently proposed will be 2.55 metres, and it appears that the distance between the ground floor ceiling and the first floor level is proposed at 0.3 metres.

A reduction in the floor to ceiling heights to 2.4 metres, and in the separation between the ground floor ceiling and first floor level to 0.2 metres, would reduce the overall height of the proposed building by 0.4 metres, and a corresponding reduction in the height of the shadow along the wall of the adjoining building. The maximum height of the building would be reduced from RL 45.30 to RL 44.90 in reference to the levels shown on the survey plan submitted by Frank M Mason and Co. Pty Ltd.

* Increase set back from common boundary adjoining 28 Macquarie Place

Comment This could be achieved trough a reduced building footprint, as suggested above in order to comply with Council’s landscaped area provisions, or through a reduced set back from The Strand. Regardless of the method employed, an increased set back from the common boundary by 0.5 metres will result in a reduction in the height of the shadow by 0.3 metres at 9.00am and 12 noon periods.

The increased set back from the adjoining property may push the building closer to The Strand. However, it is considered that the design elements discussed elsewhere in this report will minimise the detrimental impact on the streetscape should the building be moved closer to The Strand.

* Combination of reduced height and increased set back

Comment A combination of reducing the height by 0.4 metres and increasing the set back from the adjoining property boundary by 0.5 metres will result in a reduction in the height of the shadow by 0.7 metres at 9.00am and 12 noon.

In light of the above comments, it is considered that adequate solar access will be provided to the adjoining building if the amendments discussed are incorporated into the design of the building at the building application stage. Appropriate conditions of consent have been included in those attached to this report.

ii) Privacy

The proposal has addressed the privacy of the adjoining residential flat building at 28 Macquarie Place in the following manner:

* the location of windows along the second storey elevation facing the adjoining building have been offset from the windows in the adjoining building;

* the rooms serviced by the windows facing the adjoining building have been restricted to bedrooms and service rooms; and

* the separation between the buildings is 5 metres, which meets Council's absolute minimum.

Number of Bedrooms

The configuration of the second storey of Units 1 and 2 would facilitate their conversion to 3 bedroom units. This has implications for the car parking provision on-site, and the Section 94 contribution to be levied should the development be approved.

A method of ensuring the units remain as two bedroom only would be to alter the way in which the stairs to the second floor are used. In this regard, the stairs should directly access the lounge room on the second level. An appropriate condition of consent has been included in this report.

Manager, Building Services

No objection has been raised to the proposed development subject to a number of conditions of consent including:

* submission of a building application; and
* discharge of stormwater to Macquarie Place.

Manager, Development Advice

No objection has been raised to the proposed development subject to a number of conditions of consent. These include the following:

* gravity stormwater drainage to Macquarie Place and The Strand;
drainage amplification;
* contribute to Council the payment for replacement of existing vehicular crossing with kerb and gutter, and construct three new crossings and footpath; and
* applicant to register a 3.0m x 3.0m splay at the corner of Macquarie Place and The Strand as “Road Widening” and relocate Telecom box.

Public Notification and Comment

Adjoining residents were notified by letter and given 21 days in which to view the plans and submit any comments on the proposal. A total of three (3) submissions were received from nearby residents during the advertising period. The following issues were raised:

i) The location of the driveways will create traffic hazard

Comment The provision of parking to the proposed development is consistent with Council’s policy requirements. It is considered that the movement of cars from the site will not unduly impact upon the traffic within the local road system. Some drivers may be inconvenienced when waiting for cars to enter the site, however, this is no different to what happens elsewhere in the locality. The vehicle access arrangements are similar to those approved by Council at 24 George Street (Cnr. The Strand).

ii) “Block open view from my unit, therefore bring down value of my unit”

Comment The outlook enjoyed by the adjoining unit is due to the single storey nature of existing development on the site. The maximum height permissible on the site has not been exceeded in terms of the number of storeys or absolute height above natural ground level. It is therefore considered that the objection does not warrant refusal of the application on the basis that property owners in the locality must have an expectation that three storey development is likely on all sites appropriately zoned.

iii) “Too close to my unit and there is not sufficient distance between the buildings, therefore it will cut down natural sunlight and facing each others windows”

Comment The issues of privacy and solar access have been discussed throughout this report. To summarise, the proposal is considered acceptable with regard to likely amenity implications for adjoining developments, subject to some minor amendments.

Summary

The proposal,as now submitted to Council, has allowed an accurate and detailed assessment to be carried out.

The proposal consists of a varying form of development than currently exists in the locality. Adjoining development is predominantly residential flat buildings with three storeys. The scale of the proposal is, therefore, generally lesser than that within the immediate vicinity of the subject site. The isolation of the site through consolidation of adjoining allotments and erection of flats has created an allotment with a width difficult to redevelop and achieve compliance with all of Council’s planning criteria, in particular the building envelope provisions.

The proposed development will make a positive contribution to the streetscape through the use of appropriate materials and architectural design elements to the walls facing The Strand and Macquarie Place.

It is acknowledged that there will be environmental consequences for the amenity of adjoining development, particularly overshadowing to 28 Macquarie Place. However, it is considered that the proposal does not unduly impact upon adjoining development. Conditions contained in this report will further reduce the likely impact to adjoining properties.

In conclusion, the proposal is considered acceptable under the relevant Section 90 matters for consideration, subject to minor amendments. It is therefore recommended that the application be approved subject to conditions.


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.02
DEVELOPMENT & HEALTH

HEADING: Recommendation 26A MACQUARIE PLACE, MORTDALE (D.A. 9/96)
3X2 BEDROOM TWO STOREY TOWNHOUSES
(Report by Manager, Development Services, Ms. G. Vereker)


. Recommendation 26A MACQUARIE PLACE, MORTDALE (D.A. 9/96)
3X2 BEDROOM TWO STOREY TOWNHOUSES
(Report by Manager, Development Services, Ms. G. Vereker)



RECOMMENDATION



THAT Council, as the consent authority grant consent to the proposed development of 3 x 3 bedroom, single storey villas at land known as 26A Macquarie Place, Mortdale, subject to the following conditions:

1. Compliance generally with Drawing Nos 1 to 11 tables and documentation received by Council on 13 March, 1997 and submitted with DA 9/96, except where amended by the conditions of consent.

2. A Building Application being submitted to and approved by the Council in accordance with the requirements of the Local Government (Approvals) Regulation 1993, accompanied by detailed building plans, specifications and the payment of relevant building application fees.

3. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7am to 5pm Monday to Saturday, inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.
PLEASE NOTE: A separate application for demolition work is required to be lodged with Council for approval prior to the commencement of the work.

4. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for open space/community recreation facilities.

The contribution is based on the criteria of any development that results in a nett increase in the City’s population which will create extra demand on open space and community recreation facilities. Therefore, the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The contribution is $7628.00 and payable prior to the release of the approved building plans.

5. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for community services and facilities.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on community services and facilities.

The contribution is $850.00 and payable prior to the release of the approved building plans.

6. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for the provision of drainage services.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on drainage services.

The contribution rate for Georges River catchment is $1.77 per square meter of gross land area of the subject site. The amount is $764.64 and payable prior to the release of the approved building plans.

7. Stormwater drainage plans prepared by a qualified practising hydraulics engineer being submitted to Council with the Building Application. The layout of the proposed drainage system, including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits are to be shown. Stormwater shall be discharged to the gutter of either Macquarie Place or The Strand.

8. In accordance with the survey plan and levels submitted by Frank M Mason and Co. Pty Ltd the proposed building shall not exceed RL 44.90 metres at the main ridge lines as measured vertically from any nominated point from natural ground level to the roof line directly above that point.

9. The vehicular driveway shall be suitably constructed and sealed in material other than natural coloured concrete or bitumen and drained to Council’s specifications. Footpath and crossing levels are to be obtained from the Engineering Division at a fee set by Council.

10. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to and approved by Council at Building Application stage.

11. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials shall be submitted with the Building Application.

12. The area and/or work being the subject of the development consent, shall not be occupied or the use commence until a final inspection has been carried out by Council and a Certificate of Classification being issued.

13. The side and rear boundaries of the site shall be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre high colour bond metal fencing, to Council’s satisfaction. This work is to be completed prior to the issue of Certificate of Classification. It is to be the responsibility of the developer to ascertain which type of fence is preferred by the adjoining property owners.

14. Each proposed single garage shall have a minimum clear door jamb width of 2.7 metres. Details shall be submitted with the building application.

15. All existing vehicular crossings adjacent to the subject property that have become redundant are to be reinstated with kerb and guttering at the applicant’s expense prior to issue of Certificate of Classification.

16. The dedication to Council of a 3m X 3m splay to Macquarie Place and the Strand for the purpose of road widening. The dedication shall be registered prior to the issue of a Certificate of Classification/Building Certificate

17. Applicant to pay Council to construct a new 150mm thick concrete vehicular crossing reinforced with F72 mesh and a new 1.52m wide and 80mm thick concrete footpath for the full width of the site. Quote given on request.

18. The submission of a detailed landscape plan to the satisfaction of the Manager, Planning Services, with the building application. This plan is to be prepared by an approved landscape consultant. The plan is to include details of the species, size and number of all plant material, together with the surface treatment of all areas. Landscaping shall be completed to the satisfaction of the Manager, Planning Services in accordance with the approved plan prior to occupation of the building. All landscaping shall be maintained to the satisfaction of the Manager, Planning Services.

Note: In addition, the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without Council approval.

19. Perimeter planting along all boundaries shall be such as to provide a dense-foliaged plant screen of trees and shrubs over a broad height range to minimise the effect of the development upon adjoining development. Details are to be submitted on the landscape plan to Council for approval.

20. No burning of demolition or waste materials shall be carried out on the subject site.

21. Permanent power poles are to be either painted or stained with a suitable colour to the satisfaction of Council, prior to the issue of Certificate of Classification/Building Certificate.

22. A retaining edge of masonry or other approved barrier of a minimum height of 150mm shall be erected around the landscaped areas to contain the soil and mulch material and to prevent the encroachment of motor vehicles.

23. No approval is expressed or implied to the subdivision of the subject land or dwellings. For any future Strata subdivision, a separate Development Application is required to be submitted to and approved by Council.

24. All plumbing and vent pipes shall be kept within the building and not exposed to public view.

25. The building shall be reduced in size such that a minimum of 45% of the total site area is dedicated as landscaped open space. Confirmation by a registered surveyor is to be submitted with the building application.

26. The building shall be moved toward The Strand by 500mm.

27. The building shall observe an alignment of 4.5 metres from the Macquarie Place site boundary to the front edge of the verandah.

28. All fencing on the street boundaries of Macquarie Place and The Strand shall comply with Council's Interim Residential Development Code.

29. All windows in the southern elevation shall be offset by 1.0 metre from the windows of the existing building on the adjoining site.

30. The flights for the internal stairs shall be reversed so that the top step enters into the lounge room on the first floor.


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.03 DEVELOPMENT APPLICATIONS - PEAKHURST WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.03.01 41 SHENSTONE ROAD, RIVERWOOD (D.A. 419/96)
1X5 BEDROOM TOWNHOUSE AND 2X3 BEDROOM VILLAS
(Report by Town Planner, Mr. J. Brannan)




Applicant : Mr. Elias Wahhab
Proposal : 1X5 BEDROOM TOWNHOUSE
AND 2X3 BEDROOM VILLAS
Zoning : Zone No. 2 - Residential
Residential Development
Control Plan 1994 :
Owners : E. & N. Wahhab
Existing Development : Single Storey Cottage
Cost of Development : $170,000

PRECIS OF REPORT

1. The proposal is to demolish the existing single storey cottage and construct 1x5 bedroom townhouse and 2x3 bedroom single storey villas.

2. The proposal is in compliance with the criteria of Council's Interim Residential Development Code, 1995.

3. No objection is raised by Council's Engineers or Building Surveyors.

4. Two (2) submissions and one (1) petition with fourteen (14) signatures were received during the notification process.

5. Recommendation - Approval.


Existing and Surrounding Development

The proposed site is located in a residential area designated as Area "B" under Council's Interim Residential Development Code 1995, and is midway along Shenstone Road with a frontage of 20.12 metres and a depth of 56.99 metres, providing a site area of 1146 square metres.

The street is made up of a mixture of single storey dwellings, with signs of upgrading and modification to the existing built environment occurring over the years. The area has a number of dual occupancy and townhouse/villa developments that have occurred over the past few years. The site is within close proximity to local shopping facilities and is located within a short distance of public transport.

History

5 December, 1996Development Application lodged.
3 February, 1997Request from Council requiring amendments to the proposal.
24 February, 1997 to 17 March, 1997.Neighbour notification.

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 2, Residential under the Hurstville Local Environmental Plan 1994, and the proposal is permissible within the zoning with Council consent. The proposal has been assessed against the provisions of Council's Interim Residential Development Code and its relevant amendments.

Proposed Development

The applicant proposes to demolish an existing dwelling on site and construct three (3) dwellings consisting of 1x5 bedroom townhouse and 2x3 bedroom single storey villas. Each dwelling has the usual amenities with the two storey townhouse having an additional ensuite off the main bedroom. Carparking is to be provided by way of attached garages that are accessible by the driveway along the eastern boundary for the rear villas and by way of a separate driveway to the street for the townhouse.

The site has accommodated adequate landscaping of 51% coverage with the townhouse, which fronts the street, being allocated a private open space area of over 120 square metres with the middle villa having 100 square metres and the rear villa having 60 square metres.

The site has a fall to the street with drainage from the site to the kerb and gutter in Shenstone Road.


Tabled Information

Proposed
Compliance
IRDC
Site Area
1146.64 m2
Yes
-
Density (315 m2)
3
Yes
3.6
Development Area "B"
Building Height - 2 Storey
1 Storey
8.0 m
5.0 m
Yes
Yes
9.0 m
6.0 m
Private Open Space:
100 m2 +
Yes
60 m2
Landscaped Area
584 m2
Yes
573 m2
Building Setbacks: Front
4.5 m
Yes
4.5 m
Side/rear - 1 Storey
2 Storey portion
1.35 m
2.0m / 1.35 m
Yes
Yes
1.35m
2.0 m 1.35 m
Residential Parking
4
Yes
4
Building Envelope - Front
3.5m/45o
Yes
3.5m/45o
- rear
1.5m/45o
Yes
1.5m/45o
Frontage
20.12 m
Yes
15.0 m

Comment : As indicated from the above table the proposal indicates total compliance in all areas specified by the IRDC 1995. The proposal has been designed with the two storey dwelling fronting the street to reflect the detached housing style of the area. The proposal has overlooked Council landscaping criteria of providing a 1.0 metre landscaping strip between the driveway and housing designated on the site, the proposal will be conditioned as such to provide this area so as to not affect the landscaping component of the site.

The design fits within Council's building envelope and with the locality designated as Area "B" under Council IRDC, is incorporating those aims and objectives for that area.

Manager, Building Services

A referral was made to the Peakhurst Ward Building Surveyor for comment in relation to building works on site and any related criteria applicable to constructing the proposal. No objection was raised with the building application subject to the following standard conditions of submission of a building application and hydraulic plans.

Manager, Development Advice

A referral was made to Council's Engineers for comment in relation to dispersal of stormwater from the site and any relevant engineering concerns associated with the proposal's construction. No objection was raised subject to standard conditions of stormwater dispersal to the street, drainage amplification, replacement/construction of crossings and to create a 1.0 metre wide drainage easement through their site to benefit No. 44 Amy Road, Riverwood.

Public Notification and Comment

Adjoining residents were notified by letter and given twenty-one (21) days in which to view the plans and submit any comments on the proposal. Two (2) submissions and one (1) petition containing fourteen (14) signatures were registered and their concerns are outlined below :

i) Out of character/two storey dwelling - The double storey townhouse facing the street appears out of character with the scale and proportions of adjoining single storey houses and of the predominantly single storey homes of the area.

Comment : The proposal meets provisions under Council's IRDC and proposals of a similar nature have been constructed in the street and surrounding area.

ii) Parking - from the submissions received it has been stressed the problem of parking availability in the street is limited and that these types of proposals are causing more demand on a limited resource.

Comment : The proposal is designed to accommodate four (4) parking spaces on site made up of two (2) spaces for the front townhouse and one (1) each for the rear villas. This is in accordance with Council's parking guidelines under the IRDC. It is indicated in Council's IRDC that areas within close proximity to railway stations have better availability to public transport access and not required to provide more parking than outlying areas.

Summary

The development proposal submitted for the erection of one (1) townhouse and two (2) villas on the subject site is permissible within Hurstville Council area and the proposal has indicated compliance with the provisions of Council's IRDC.

The development is in keeping with the design criteria for such proposals by providing sufficient private open space and relevant size of dwellings allocated on the site. With the above taken into consideration this proposal will not significantly impact upon adjoining property with the design of the dwellings, windows and distance from boundaries taken into consideration by the applicant. Therefore recommendation is for approval, subject to conditions of approval.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .03.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 41 SHENSTONE ROAD, RIVERWOOD (D.A. 419/96)
1X5 BEDROOM TOWNHOUSE AND 2X3 BEDROOM VILLAS
(Report by Town Planner, Mr. J. Brannan)


. Recommendation 41 SHENSTONE ROAD, RIVERWOOD (D.A. 419/96)
1X5 BEDROOM TOWNHOUSE AND 2X3 BEDROOM VILLAS
(Report by Town Planner, Mr. J. Brannan)



RECOMMENDATION


THAT Council as the consent authority grant approval for the erection of 1x5 bedroom two storey townhouse and 2x3 bedroom villas at 41 Shenstone Road, Riverwood, subject to the following conditions :

GENERAL

1. Compliance generally with Drawing No 1-2 tables and documentation prepared by Ms. Vicki Wahhab dated 13 February, 1997 and submitted with DA 419/96, except where amended by the conditions of consent.

2. In accordance with the survey plan and levels submitted by Ms. Vicki Wahhab, the proposed townhouse shall not exceed RL 31.50 and the villas shall not exceed 5.0 metres in height at the main ridge line as measured vertically from any nominated point from natural ground level to the roof line directly above that point.

3. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to and approved by Council at Building Application stage.

4. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials shall be submitted with the Building Application.

5. The side and rear boundaries of the site shall be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre high colour bond metal fencing, to Council's satisfaction. This work is to be completed prior to the issue of Certificate of Classification. It is to be the responsibility of the developer to ascertain which type of fence is preferred by the adjoining property owners.

6. No approval is expressed or implied to the subdivision of the subject land or dwelling/s. For any future Torrens/Strata subdivision, a separate Development Application is required to be submitted to and approved by Council.

7. Should the applicant wish to subdivide the subject dual dwelling at a later date, the relevant authorities are to be contacted regarding their requirements prior to laying any cables or services; Australian Gas Light Company, Telecom and the Sydney Water Board.

SECTION 94 CONTRIBUTIONS

8. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for open space/ community recreation facilities.

The contribution is based on the criteria of any development that results in a nett increase in the City's population which will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The contribution is $ and payable prior to the release of the approved building plans.

9. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for community services and facilities.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on community services and facilities.

The contribution is $ and payable prior to the release of the approved building plans.

10. Payment to Council of a contribution pursuant to Section 94 (1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for the provision of drainage services.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on drainage services.

The contribution rate for Georges River catchment is $1.77 per square metre of gross land area of the subject site. The amount is $2025 and payable prior to the release of the approved building plans.

BUILDING REQUIREMENTS

11. A Building Application being submitted to and approved by the Council in accordance with the requirements of the Local Government (Approvals) Regulation 1993, accompanied by detailed building plans, specifications, and the payment of relevant building application fees.

12. Stormwater drainage plans prepared by a qualified practising hydraulics engineer being submitted to Council with the Building Application. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits are to be shown.

13. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7 am to 5 pm Monday to Saturday inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.
PLEASE NOTE : A separate application for demolition work is required to be lodged with Council for approval prior to the commencement of the work.

14. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7 am to 5 pm Monday to Saturday inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.
PLEASE NOTE : A separate application for demolition work is required to be lodged with Council for approval prior to the commencement of the work.

LANDSCAPING

15. The submission of a detailed landscape plan to the satisfaction of the Manager, Development Services, with the building application. This plan is to be prepared by an approved landscape consultant. The plan is to include details of the species, size and number of all plant material, together with the surface treatment of all areas. Landscaping shall be completed to the satisfaction of the Manager, Development Services in accordance with the approved plan prior to occupation of the building. All landscaping shall be maintained to the satisfaction of the Manager, Development Services.

Note: In addition the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450 mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without written Council approval.

16. The applicant is to provide a 1.0 metre wide landscaped strip between the driveway and middle villa in accordance with Council's Interim Residential Development Code, 1995.

STORMWATER MANAGEMENT

17. All stormwater to drain by gravity to the kerb and gutter in Shenstone Road.

18. A 1m wide easement to drain water is to be created over the subject site to benefit the lands adjoining the southern boundary known as 44A Amy Road to allow their stormwater to be drained to the kerb and gutter in Shenstone Road. The easement is to be registered prior to occupation of the dwelling or with any plan of subdivision prior to issue of a Building Certificate. Where the easement is located under a proposed garage the developer is to pipe that portion of the easement to the satisfaction of Council.

PARKING

19. The vehicular driveway and visitor car parking spaces shall be suitably constructed and sealed in material other than natural coloured concrete or bitumen and drained to Council's specifications. Footpath and crossing levels are to be obtained from the Engineering Division at a fee set by Council.

ENGINEERING

20. Applicant to pay Council to :
a) Replace the existing concrete crossing with a 150mm thick concrete crossing reinforced with F72 mesh.
b) Construct a 100mm thick concrete crossing to serve the garage to the townhouse
c) construct a 1.52 metre wide by 80mm thick concrete path in Shenstone Road for the full width of the site.
Quote given on request.
OR
Construction of the above work by the applicant subject to:
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.





HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.05 MISCELLANEOUS AND OTHER MATTERS



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.05.01 DEVELOPMENT APPLICATIONS RECEIVED BETWEEN 3 MARCH AND 31 MARCH, 1997



The Development Applications as set out in the attached schedules have been received between 3 March and 31 March, 1997.

D.A. NO.
PROPERTYAPPLICANTDESCRIPTIONS
VALUE
32/97
185C Forest Road
Hurstville
Adeco3 Storey Commercial Building
$180,000
33/97
623 King Georges Road, PenshurstRTA3x3 Townhouses & 5x3 Villas with Attached Garages
$640,000
34/97
39 Amy Road
Riverwood
Mr I St Baker3x3 Single Storey Villas
$250,000
35/97
42 Gover Street
Peakhurst
VNS ComputersComputer Repair, Sales and Service
Use
36/97
490 King Georges Road, Beverly HillsM KhanSign Application
Use
37/97
490 King Georges Road, Beverly HillsM KhanEat In and Takeaway Food Shop
Use
38/97
70 Broadarrow Road
Narwee
P & H KotronisAwning Sign
Use
39/97
8/523 King Georges Road, Beverly HillsR S WarlowPathology Practise
Use
40/97
3/176-184 Belmore Road, RiverwoodT CosicCommercial Sign
Use
41/97
346 Stoney Creek Road, KingsgroveCharles Glanville (Architects)1st Floor Addition to Existing Premises with Internal Refurbishment
$350,000
42/97
69 Woodlands Avenue
Lugarno
C & H KolovosRetaining Wall Along Side Boundary
$2,000
43/97
15 Penshurst Street PenshurstN K LuoDiscount Variety Store
Use
44/97
465 King Georges Road, Beverly HillsW KongCafe Seating 58 People
$40,000
45/97
19 Hampden Street
Beverly Hills
G. Saade10x3 Bedroom Units with Basement(3 Storey)
$800,000
46/97
2A Hearne Street
Mortdale
Industrial Workwear Pty LtdWarehouse and Wholesale Safety Footwear Equip.
Use
47/97
6 The Crescent
Kingsgrove
Rothe Lowman PropertyNew Factory and Warehouse with Ancillary Office and Basement Carpark
$8 million
48/97
7 Elm Street
Lugarno
P OrlandoDetached Dual Occupancy - 2x3 Bedroom
$120,000
49/97
31 MacMahon Street
Hurstville
Church of Christ TrusteesAdditions to Existing Church - Extending Vestibule
$40,000
50/97
37 Anderson Road
Mortdale
Masterton Homes Attached 2 Storey 3 Bedroom Dwellings
$229,455
51/97
61 Henry Lawson Drive, PeakhurstR HendricksKitchen Cabinets and Bathroom Accessories Sales and Service
Use
52/97
32 Penshurst Street
Penshurst
Mrs I AMavritsisFlorist/Gift Shop
Use
53/97
3 Cross Street
Hurstville
WestfieldExtension to Loading Dock and Existing Intensity Shopfront - Change of Use to Retail
$150,000
54/97
259 Forest Road
Hurstville
Tina LeeCafe with Tables and Chairs on Footpath Area
Use
55/97
26 Barry Avenue
Mortdale
N FinnGlass Processing Factory
Use
56/97
41 Junction Road
Beverly Hills
Mrs S Mijovski1x3 2 Storey Dwelling and 1x2 Single Storey Villa
$250,000
57/97
112 Morts Road
Mortdale
M StreetFree Standing Floodlit Light
3.81 x 1.25m
Use
58/97
4 Penshurst Street
Penshurst
P & S Bougiouras1st Floor Addition of a Residence above Retail Premises
$15,000
59/97
14 The Avenue
Hurstville
McFadyen Anlezark5 Level Commercial/ Residential Building with 22 Units above Commercial
$1.75 mil


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.01
DEVELOPMENT & HEALTH

HEADING: Recommendation DEVELOPMENT APPLICATIONS RECEIVED BETWEEN 3 MARCH AND 31 MARCH, 1997

. Recommendation DEVELOPMENT APPLICATIONS RECEIVED BETWEEN 3 MARCH AND 31 MARCH, 1997


RECOMMENDATION


THAT the information be received and noted.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.05.02 DEVELOPMENT APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY BETWEEN 3 MARCH AND 31 MARCH, 1997



The Development Applications as set out in the attached schedules have been Approved (Part A), Refused (Part B) or Withdrawn (Part C) under delegated authority between 3 March and 31 March, 1997.

Part A


D.A. NO.
PROPERTYAPPLICANTDESCRIPTIONS
RESULT DATE
490/94
18 Macken Crescent, OatleyMiss C LonerganHome Activity - Private Piano Teaching
7/3/97
195/96
7 Smiths Avenue
Hurstville
Abcot ConstructionsDetached Dual Occupancy 2x3 Bedroom
11/3/97
261/96
1A Berrille Road
Beverly Hills
G Fares3 Storey Unit Block with Basement Parking - 7x3 & 3x2 Bedrooms - 15 Parking Spaces
4/3/97
307/96
17 Barry Avenue
Mortdale
L GabbeDetached Dual Occupancy
2x3 Bedroom
7/3/97
315/96
57 Anderson Road
Mortdale
David Ashton 7 Factory Units
4/3/97
423/96
456 King Georges Road, Beverly HillsLJ HooderCommercial Sign
5/3/97
434/96
423-425 King Georges Road, Beverly HillsM Jo JoCommercial Sign
25/3/97
442/96
87 The Avenue
Hurstville
Sydney Anglican Schools CorpAlterations to Heritage Building - Danebank Music Teaching Facility
4/3/97
445/96
3 Cross Street
Hurstville
WestfieldShop Fitout Shop 418
27/3/97
5/97
6/438-453 Forest Road
Hurstville
G ZhaoShop Fitout
7/3/97
16/97
165 Penshurst Street
Beverly Hills
BaycelFactory Fitout
25/3/97
18/97
182 Forest Road
Hurstville
D WongTravel Agent and Bookshop
26/3/97
20/97
305 Forest Road
Hurstville
M RizviShop Fitout
7/3/97
21/97
3 Patrick Street
Hurstville
Adi SignsOffice Fitout
11/3/97
22/97
3 Patrick Street
Hurstville
Adi SignsCommercial Sign
11/3/97
23/97
342 Forest Road
Hurstville
H & Z NasserAddition of Staircase to 1st floor Office & Alterations to Shopfront
7/3/97
25/97
1/176-184 Belmore Road, RiverwoodJ JurkovicShop Fitout
18/3/97
31/97
245 Belmore Road
Riverwood
I KhouryShop Fitout
19/3/97
36/97
490 King Georges Road, Beverly HillsK KhanSign
25/3/97
38/97
70 Broadarrow Road
Narwee
P & H KotronisAwning Sign
25/3/97
39/97
8/523 King Georges Road, Beverly HillsR WarlowPathology Practise
25/3/97
40/97
3/176-184 Belmore Road, RiverwoodT CosicCommercial Sign
25/3/97
49/97
31 MacMahon Street
Hurstville
Church of Christ TrusteesExtension to Vestibule
26/3/97
52/97
32 Penshurst Street
Penshurst
I MavritsisFlorist/Gift Shop
25/3/97

Part B



D.A. NO.
PROPERTY
APPLICANT
DESCRIPTIONS
RESULT DATE
367/9578 Clarendon Road
Riverwood
J & L Anderson6x3 Bedroom Attached Townhouses with Basement Parking18/3/97


Part C



D.A. NO.
PROPERTY
APPLICANT
DESCRIPTION
RESULT DATE
14/9792 The Avenue
Hurstville
K & L AtkinsonAdditions to Heritage Building21/3/97


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.02
DEVELOPMENT & HEALTH

HEADING: Recommendation DEVELOPMENT APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY BETWEEN 3 MARCH AND 31 MARCH, 1997

. Recommendation DEVELOPMENT APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY BETWEEN 3 MARCH AND 31 MARCH, 1997


RECOMMENDATION


THAT the information be received and noted.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.05.03 PROPOSED TELECOMMUNICATIONS FACILITY BY VODAFONE AT 523 KING GEORGES ROAD, BEVERLY HILLS



PRECIS OF REPORT

1. Council received advice in December, 1996 of an intention by Vodafone to construct a telecommunications facility at 523 King Georges Road, Beverly Hills.

2. Council responded to the proposal on 3 February, 1997, advising that the selected site did not comply with the requirements of Council's draft Development Control Plan - Acceptability of Siting Microwave Base Stations.

3. Council has now been notified that Vodafone has determined to proceed with construction of the facility despite Council's objection.

4. On the basis that Council objected to the proposed siting of the facility and requested that the facility be relocated, no notification was undertaken.


Background

As Council would be aware, the Federal Government has issued licenses to three (3) telecommunications carriers to establish a national cellular network across Australia. The use of land and construction of facilities to establish the cellular network is exempt from control through State and Local Government laws. As such Council cannot require Development or Building Applications to be submitted for telecommunications facilities, however the carrier is required to comply with the provisions of the Telecommunications Act, 1991 and the Telecommunications National Code.

In accordance with the relevant legislation and Code, Vodafone referred to Council in December, 1996, its proposal to construct a radio base station on the roof of existing commercial premises at 523 King Georges Road, Beverly Hills.

Proposed Development

The subject site comprises a two (2) storey commercial building situated at 523 King Georges Road, Beverly Hills. The site is surrounded by a mixture of land uses including residential, commercial and retail. Beverly Hills Public School is located to the east.

The proposal involves the mounting of telecommunications antennae and 4 x 600mm microwave dishes on the roof, which will be visible from King Georges Road. The height of the antennae above the roof is approximately 1.0 metre.

Council Assessment

The proposal was assessed by Council officers in respect to its compliance with the draft Development Control Plan - Acceptability of Siting Microwave Base Stations, and found not to comply with clause 6(a)(ii) of the policy. This clause states that a microwave base station shall not be erected where the station will be 300 metres from any school, kindergarten, play centre, daycare centre, hospital or aged care centre. The proposed telecommunications facility is intended to be erected on a building located directly opposite Beverly Hills Public School. As such it is clearly intended to be situated substantially less than 300 metres from the school.

On the basis of this non-compliance, Council responded to Vodafone's consultants, suggesting that an alternative site be found for the base station. Council also determined not to notify adjoining residents of the proposal, as it was anticipated that its submission would be given due consideration by Vodafone, leading to the adoption of an alternative location.

Consultant's Response to Council's Submission

Council received notification on 25 March, 1997 that Vodafone has decided to proceed with its original proposal for 523 King Georges Road, Beverly Hills. The consultant's response is reproduced in full for Council's information :

"I refer to your letter of 3 February, 1997, in which you notified HASSELL of Council's objection to the abovementioned proposal. Vodafone has now advised Hassell of Vodafone's intention to proceed with the proposal. Our consultation is summarised below :

In light of Council's objection, Hassell would like to reiterate the following points made in the original notification subject to Clause 7 of the Telecommunications National Code :

* the proposal will have only a minimal environmental impact on the surrounding area. The proposal entails a minimal potential visual impact and represents only a minor addition to the existing building. The use of the rooftop avoids the need for the construction of a separate and visually intrusive support structure;
* the amenity of the surrounding area will not be significantly adversely affected by traffic generation. The proposal requires minimal servicing and trip generation will be on average twice a month;
* the estimated maximum strength of the electromagnetic field generated by the facility at peak use periods during its operation life is within the limits set by AS2772;
* the estimated maximum level of noise likely to be generated by normal operations of the facility is within the limits set by AS1055.

Fact sheets regarding the health and safety aspects of the mobile telephone networks are attached for your information. Vodafone has satisfied all relevant provisions of the Telecommunications National Code in relation to this proposal. It is our firm opinion that the proposal represents the most environmentally prudent option available to Vodafone which also satisfies Vodafone's radio coverage objectives.

Under their licence agreement with the Commonwealth Government, Vodafone is required to provide Micro Cellular Network radio coverage to 80% of the Australian population within a relatively short period of time. Vodafone can be liable for a pecuniary penalty of up to $10m for each contravention of the licence. Hassell has been advised that Vodafone now intends to proceed with the proposal at 523 King Georges Road, Beverly Hills, in order to satisfy their licence obligations with the Commonwealth Government."

Conclusion

Council's draft Development Control Plan - Acceptability of Siting Microwave Base Stations, clearly prohibited the location proposed by Vodafone, due to its proximity to a school. Despite Council's policy however, Vodafone was not bound to comply with the policy or to accede to Council's submission. As the proposal by Vodafone was originally referred to Council in December, 1996, it also had no legal responsibility to undertake public notification of the proposal. On the basis that Vodafone has complied with its legal responsibilities, but the fact that the outcome is not satisfactory to Council, it is considered that Council should notify the local Federal Member of Vodafone's decision and notify those local residents within 300 metres of the proposed site of the proposed telecommunication base station.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.03
DEVELOPMENT & HEALTH

HEADING: Recommendation PROPOSED TELECOMMUNICATIONS FACILITY BY VODAFONE AT 523 KING GEORGES ROAD, BEVERLY HILLS

. Recommendation PROPOSED TELECOMMUNICATIONS FACILITY BY VODAFONE AT 523 KING GEORGES ROAD, BEVERLY HILLS


RECOMMENDATION


THAT Mr. L. McLeay, MP, be advised of Vodafone's decision to construct a telecommunications facility at 523 King Georges Road, Beverly Hills and that local residents within 300 metres of this site be advised of the proposed facility.

HURSTVILLE CITY COUNCIL
CIVIC CENTRE, MACMAHON STREET, HURSTVILLE.
__________________________________


SUMMARY OF ITEMS CONTAINED IN THE
DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH - SECTION TWO' REPORT
TO THE MEETING OF THE DEVELOPMENT, HEALTH AND PLANNING COMMITTEE
TO BE HELD ON 97 04 30TH APRIL, 1997-


06:01 Ward Councillors' Reports

06:01.01 1A & 1B Garden Grove, Beverly Hills (Pns Ward) - Request For Review Of Condition Of Approval

06:02 Building Applications - Hurstville Ward

06:03 Building Applications - Penshurst Ward

06:04 Building Applications - Peakhurst Ward

06:04.01 70 Mi Mi Street, Oatley - Proposed Two Storey Dwelling (Report By Manager - Building Services, Mr G Young)

06:05 Miscellaneous And Other Matters

06:05.01 Cooks River Catchment Management Committee - Meeting Of 24Th March, 1997 (Report By Manager - Environmental Services, Mr P Chrystal)

06:05.02 Regulatory Impact Statement - Draft Dog Regulation 1997 (Report By Manager - Divisional Administration, Mr B Daintry)

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH
SECTION 2


06.01 WARD COUNCILLORS' REPORTS



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.01.01 1A & 1B GARDEN GROVE, BEVERLY HILLS (PNS WARD) - Request for Review of Condition of Approval


RECOMMENDATION

2. THAT the objectors be advised in writing of Council's
determination."

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .01.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 1A & 1B GARDEN GROVE, BEVERLY HILLS (PNS WARD) - Request for Review of Condition of Approval

. Recommendation 1A & 1B GARDEN GROVE, BEVERLY HILLS (PNS WARD) - Request for Review of Condition of Approval


RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.02 BUILDING APPLICATIONS - HURSTVILLE WARD

THERE ARE NO BUILDING APPLICATIONS IN RESPECT OF HURSTVILLE WARD FOR THIS MEETING.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.03 BUILDING APPLICATIONS - PENSHURST WARD

THERE ARE NO BUILDING APPLICATIONS IN RESPECT OF PENSHURST WARD FOR THIS MEETING.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.04 BUILDING APPLICATIONS - PEAKHURST WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.04.01 70 MI MI STREET, OATLEY - Proposed Two Storey Dwelling (Report by Manager - Building Services, Mr G Young)


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .04.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 70 MI MI STREET, OATLEY - Proposed Two Storey Dwelling (Report by Manager - Building Services, Mr G Young)

. Recommendation 70 MI MI STREET, OATLEY - Proposed Two Storey Dwelling (Report by Manager - Building Services, Mr G Young)


RECOMMENDATION



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.05 MISCELLANEOUS AND OTHER MATTERS



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.05.01 COOKS RIVER CATCHMENT MANAGEMENT COMMITTEE - MEETING OF 24TH MARCH, 1997 (Report by Manager - Environmental Services, Mr P Chrystal)


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.01
DEVELOPMENT & HEALTH

HEADING: Recommendation COOKS RIVER CATCHMENT MANAGEMENT COMMITTEE - MEETING OF 24TH MARCH, 1997 (Report by Manager - Environmental Services, Mr P Chrystal)

. Recommendation COOKS RIVER CATCHMENT MANAGEMENT COMMITTEE - MEETING OF 24TH MARCH, 1997 (Report by Manager - Environmental Services, Mr P Chrystal)


RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.05.02 REGULATORY IMPACT STATEMENT - DRAFT DOG REGULATION 1997 (Report by Manager - Divisional Administration, Mr B Daintry)



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.02
DEVELOPMENT & HEALTH

HEADING: Recommendation REGULATORY IMPACT STATEMENT - DRAFT DOG REGULATION 1997 (Report by Manager - Divisional Administration, Mr B Daintry)

. Recommendation REGULATORY IMPACT STATEMENT - DRAFT DOG REGULATION 1997 (Report by Manager - Divisional Administration, Mr B Daintry)


RECOMMENDATION