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 07 23RD JULY, 1997-


05:01 Ward Councillor's Reports

05:02 Development Applications - Hurstville Ward
05:02.01 20 The Avenue, Hurstville (D.A. 354/96)
Addition Of A New Church Hall
(Report By Town Planner, Ms. Wong)

05:03 Development Applications - Penshurst Ward
05:03.01 15 Jersey Avenue, Mortdale (Da375/96)
Detached Dual Occupancy
(Report By Manager Development Services, Ms. G. Vereker)
05:03.02 13 Jersey Avenue, Mortdale (Da 64/97)
Dual Occupancy - Two Storey Four (4) Bedroom Dwelling
At The Rear Of The Site
(Report By Manager, Development Services, Ms. G. Vereker)
05:03.03 15 Lesley Crescent And 27 Scott Street, Mortdale (Da134/97)
Erection Of 3 X 3 Bedroom Dwellings
(Report By Manager, Development Services, Ms. G. Vereker)
05:03.04 16-18 Arcadia Street, Penshurst (Da95/97)
Erection Of 3 Storey Residential Development Containing
6 X 3 Bedroom And 18 X 2 Bedroom Units
(Report By Manager, Development Services, Ms. G. Vereker)

05:04 Development Applications - Peakhurst Ward
05:04.01 6 Karwarra Place, Peakhurst (D.A. 101/97)
Home Activity - Office For Bookselling / Educational Material

05:05 Miscellaneous And Other Matters
05:05.01 Development Applications Received Between 1 May, 1997 And 30 June, 1997
05:05.02 Development Applications Determined Under Delegated Authority Between 1 May, 1997 And 30 June, 1997
05:05.03 136 Forest Road, Hurstville (File No. 008408)
Appeal Against Council's Refusal Of Da248/96 For A Brothel
05:05.04 Suite 4, 130 Forest Road, Hurstville (File No. 00091)
Appeal Against Council's Refusal Of Da570/95 For A Sports
Therapy And Remedial Massage Centre

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 07 23RD JULY, 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:-


05.01 WARD COUNCILLOR'S REPORTS



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02 DEVELOPMENT APPLICATIONS - HURSTVILLE WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.01 20 THE AVENUE, HURSTVILLE (D.A. 354/96)
ADDITION OF A NEW CHURCH HALL
(Report by Town Planner, Ms. Wong)




Applicant : McFadyen Anlezark Pty. Ltd.
Proposal : ADDITION OF A NEW CHURCH HALL
Zoning : City Centre Business Zone 3(b)
Owners : The Uniting Church in Australia
Existing Development : A Church Building and Demountable Office
Cost of Development : $200,000

PRECIS OF REPORT

1. The proposal is to demolish the existing demountable office and erect a new church hall at the rear of the existing church.

2. The development does not comply with Council's requirement with respect to the provision of parking

3. The applicant has submitted a Statement of Heritage Impact to assess the impact of the proposal in relation to the existing church hall which is listed as a heritage item under Schedule 2 in the Hurstville Local Environmental Plan 1994.

4. The Statement of Heritage Impact has been assessed by Council's heritage architect who considers that the proposed development is acceptable, with the proviso that appropriate conditions be imposed on the development consent.

5. The Manager Building Services and Manager Development Advice have raised no objections to the proposal.

6. No objections were received in response to the notification of the proposal.

7. Recommendation - approval, subject to conditions.



Existing and Surrounding Development

The subject site has an area of 1426 square metres and a frontage to The Avenue of approximately 30.48 metres. An existing church hall and a park exist on site. There are a number of trees on site, one of which is a large eucalyptus citriodora.

The site is relatively level with a slight fall towards the rear. The surrounding development is predominantly commercial with Westfield Shoppingtown located opposite to the site. A number of medical practitioners are also found along The Avenue. Some residential dwellings are located in the surrounding area.

History

17/10/96Development Application submitted to Council
18/11/96 - 2/12/96Notification to the adjacent owners
5/12/96Development Application was referred to National Trust and Heritage Office for comment
23/12/96Comments from National Trust received
24/12/96Comments from Heritage Office received indicating Council should obtain a Heritage Impact Statement from the applicant
19/2/97Letter to the applicant requesting submission of a Heritage Impact Statement
2/6/97Statement of Heritage Impact received
9/7/97Heritage Impact Statement assessed by Council's consultant heritage architect


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(b), City Centre Business under the Hurstville Local Environmental Plan 1994, and the proposal is permissible within the zoning with Council consent. Moreover, No. 20-22 The Avenue, Hurstville is listed as a heritage item under Schedule 2 of the Hurstville LEP. In accordance with the Development Control Plan for the Hurstville Town Centre which is at present on public exhibition, the Uniting Church and its adjacent residence, "Lorne" at No. 18-22 The Avenue,, are heritage items. However, building envelopes have not been prepared for the site for any future redevelopment.

Proposed Development

The applicant proposes a new church hall at the rear of the existing church on site. The proposed church hall would be approximately 305 square metres in area. It contains a hall, a kitchen and female and male disabled toilets. Taking into account the existing church of 284 square metres, the resultant landscaping will be 842 square metres (59% of the site area).

In view of the existing church lawn and adjacent residence being a heritage item, the applicant has respected the context of the site. Moreover, the existing landscaped area fronting The Avenue has been retained recognising the lack of "green space" in Hurstville town centre.

The development is proposed to be constructed from concrete floor system, brickwork walls selected facebrick with painted rendered bands. External doors, windows and balustrades are to be selected colour powdercoat finish aluminium. Roof tiles are to be slate pattern grey concrete.

Parking Provision

No car parking spaces have been provided for the proposed church hall.

At present no on site parking exists. The applicant argues that as the proposal is intended to replace the current temporary structure and the existing halls off Hudson Street, it is believed that there is not an intensification of the site use and the centre's main use will continue to be outside of business hours and therefore is complimentary to car parking demand in the general area.

It is considered that the carparking requirement can be waived for the following reasons :

1. The park between the church and "Lorne" is a heritage item within Schedule 2 of LEP 1994 and Clause 30 of the LEP permits Council to vary its parking requirements where the conservation of heritage item is involved.

2. There is currently no existing parking problem with the current use of the existing halls and it is not envisaged that the use of the land will be intensifie as a consequence of the proposed development.

3. The construction of a parking area in the park may cause damage to the remaining Air Raid trenches, which should be conserved, where possible.

4. There is a public Council car park in the vicinity of the site, which would provide parking during those times the hall would be most likely to be used, i.e. weekends.


Manager, Building Services

The proposal was referred to the appropriate building surveyor who raised no objection.

Manager, Development Advice

All stormwater to drain by gravity to either the kerb and gutter in The Avenue or via a 1.0 metre wide registered easement through the property at the rear to the kerb and gutter in Hudson Street.

Public Notification and Comment

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. No submissions were registered.

Applicant's Submission

In support of this application the applicant has submitted a Statement of Heritage Impact which addresses the impact of the proposal on the heritage item.


Summary

The Statement of Heritage Impact was assessed by Council's heritage architect who considers that the proposed development is acceptable with appropriate conditions attached to the consent. The proposed new church hall is therefore considered acceptable in that it has satisfactorily addressed the impact of the development on the existing heritage items.





HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 20 THE AVENUE, HURSTVILLE (D.A. 354/96)
NEW CHURCH HALL
(Report by Town Planner, Ms. Wong)


. Recommendation 20 THE AVENUE, HURSTVILLE (D.A. 354/96)
NEW CHURCH HALL
(Report by Town Planner, Ms. Wong)



RECOMMENDATION


THAT Council as the consent authority grant development consent for the erection of a new church hall on Lots 190/191 DP 1595, No. 20 The Avenue, Hurstville, subject to the following conditions :

GENERAL

1. Compliance generally with Drawing No 306-AVE1, 306-AVE2 and 306-AVE3 and documentation prepared by McFadyen Anlezark Pty. Ltd. dated 17 October, 1996 and the Statement of Heritage Impact prepared by G J Taylor Pty. Ltd. dated 7 May, 1997 and submitted with DA 354/96, except where amended by the conditions of consent.

BUILDING CODE OF AUSTRALIA

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. 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.

4. 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.

5. That the proposed development provide for access for people with disabilities in accordance with the provision of AS 1428.1 as set out in the Building Code of Australia.


ADVERTISING SIGNS

6. A separate development application will be required for any advertising signs and/or structures including temporary advertisements within the Hurstville Town Centre, that are proposed to be erected or placed on any property.

7. The use, display or affixing of any flashing, animated, moving or revolving illumination or lighting is expressly prohibited in, upon or attached to any part of the subject premises.

RESTRICTIONS ON USE

8. The approved use being conducted only between the hours of 7.00 am and 7.00 pm Monday to Sunday.

9. 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.

10. 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 made by Council and a Building Certificate has been issued.

11. All work being carried out inside the premises and not in adjacent forecourts, yards, accessways, landscaped or car parking areas or on Council's footpath or in or upon any part of a road reserve.

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

13. The premises and use of the building being conducted in such a manner so as not to interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise.

DRAINAGE

14. The applicant to provide an on site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, showing computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

* For events up to a 5% annual exceedance probability (AEP) design event as defined by Australian Rainfall and Runoff (May 1987), maximum peak site discharge resulting from the development shall not be greater than peak site discharge under existing conditions for all durations up to the time of concentration with OSD included and of the same AEP.

* Where the stormwater discharge points are connected to the street gutter system, the peak flow from the site shall not increase the width of gutter flow by more than 200mm at the design storm.

* The OSD facility shall be designed to meet all safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm.

15. 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.

16. All stormwater to drain by gravity to either the kerb and gutter in The Avenue or via a 1.0 metre wide registered easement through the property at the rear to the kerb and gutter in Hudson Street. In the event that a drainage easement is required documentary evidence to the effect that the easement is registered shall be submitted to Council prior to completion of the building.


LANDSCAPING

17. 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.

TREE PROTECTION

18. The trees to be retained (particularly the eucalyptus citriodora in the centre of the park), must be protected during the period of demolition, excavation, site preparation and construction, by the erection of a suitable barrier around the perimeter of each tree. The barrier must be such to prevent damage to the trees and their root system by the movement of vehicles, handling or storage of building materials, excavation, filling or the like. Moreover, construction work must not extend closer than 2.0 metres to the trunk of the eucalyptus citriodora. Details of the means of protection must be submitted to Council with the Building Application, and be erected prior to any works commencing on site.

THE PROPOSED CHURCH HALL

19. The dormer windows of the proposed hall must be relocated to the north-east side of the hall roof, in order to remove any visual conflict with the clean lines of the roof of the heritage item.

20. The roof tiles of the proposed hall must be of a style and colour sympathetic to those of the existing church. The applicant must submit a sample of the proposed roof tiles to Council for approval with the Building Application.

21. The brickwork of the proposed hall must be of a style and colour sympathetic to those of the existing church. The applicant must submit detailed elevations showing proposed brickwork patterns, and samples of the proposed bricks to Council for approval with the Building Application.

SITE EXCAVATION AND CONSTRUCTION

22. During the excavation and construction period, the applicant and contractors must take all precautions to avoid damaging the buried air-raid trenches to the south of the construction site. Should any trenches be revealed during the construction period, work must cease while appropriate records are taken of the exposed trenches.

23. 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.

24. The brick fence and gates fronting The Avenue must be protected during the construction period to Council's satisfaction.


ADVISORY NOTES REGARDING THE SUBMISSION OF A BUILDING APPLICATION

(A) An appropriate floor plan and section should be drawn to a suitable scale and be submitted with the building application.

(B) Portable fire extinguishers must be provided and installed in accordance with AS 2444.

(C) The window openings along the south-eastern wall must be protected as per C3.4 of the Building Code of Australia. Details are to be submitted with the Building Application.

(D) Emergency lighting must be provided and installed in accordance with AS 2293.1.

(E) The construction of the proposed kitchen shall comply with the standards, provisions and requirements as set forth in Council's Food Premises Code.

(F) Details prepared by a mechanical ventilation engineer relating to the mechanical exhaust ventilation system over the working equipment and in the sanitary compartments shall be submitted with the Building Application.


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.03 DEVELOPMENT APPLICATIONS - PENSHURST WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.03.01 15 JERSEY AVENUE, MORTDALE (DA375/96)
DETACHED DUAL OCCUPANCY
(Report by Manager Development Services, Ms. G. Vereker)






Applicant : S. & K. Bradvica
Proposal : DETACHED DUAL OCCUPANCY
Zoning : Zone No. 2 - Residential
Residential Development
Control Plan 1994 : Development Area "B"
Owners : S. & K. Bradvica
Existing Development : Three Storey Dwelling House
Cost of Development : $150,000

PRECIS OF REPORT

1. The proposal is to retain the existing dwelling and construct a two storey dwelling house to the rear of the existing dwelling.

2. The proposal fails to comply with Councils IRDC with regard to the number of storeys, building height and building envelope provisions.

3. No objection is raised by Councils engineers and building surveyors.

4. No submissions were received from nearby and surrounding residents during the notification period.

5. Recommendation - Approval subject to conditions



Proposed Development

The proposal will retain the existing three storey dwelling to the front of the allotment and will involve the construction of a new two storey dwelling to the rear of the allotment, with vehicle access from Milsop Place. The existing dwelling will maintain its vehicle access from Jersey Avenue. The construction of the new dwelling will involve the removal of the existing in-ground swimming pool located to the rear of the existing dwelling, and the demolition of the existing cabana adjacent to the south eastern property boundary.

No subdivision has been proposed as part of this application. However, it is considered likely that subdivision will be proposed in the future, and the creation of two Torrens title allotments is quite feasible with a current allotment size of approximately 950m2.

Site and Surrounding Area

The subject site has an area of approximately 950.33m2 and a frontage to Jersey Avenue and Milsop Place of approximately 20.115. The site has a cross fall from Jersey Avenue to Milsop Place, with maximum RL of 13.10 to a low point at RL 10.40. Existing development on the site consists of a three storey dwelling house and double garage, in-ground swimming pool and cabana, and an out-house containing the laundry and storage area.

Adjoining development fronting Jersey Avenue generally comprises one and two storey detached dwelling houses along the same side as the subject site, and three storey residential flat buildings along the opposite side. Adjoining properties with frontage to Milsop Place have been developed in a similar fashion as the proposed development, providing two storey detached dwellings.

Statutory Requirements

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

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

IRDC Requirement
Proposed
Compliance
Site Area
315 m2/dwelling
475 m2
Yes
Density
3.02 dwellings
2 dwellings
Yes
Landscaped Open Space
50%
50%
Yes
Jersey Avenue (Existing Dwelling)
Private Open Space
60 m2
137.12 m2
Yes
Front Site Height Maximum
9 m
8.6 m
Yes
Rear Site Height Maximum
6 m
11.1 m
No
Front Site Maximum Storeys
2
2
Yes
Rear Site Maximum Storeys
1
3
No
Front Boundary Setback
4.5 m
6.5 m
Yes
Side Boundary Setback
- Front Site
- Rear Site
2.0 m
2.0 m
1.5 m
1.5 m
No
No
Minimum Site Frontage
15 m
20.1 m
Yes
Building Envelopes
3.5m/45o
various
No
Car Parking Provision
2
2
Yes
Milsop Place (Proposed Dwelling
Private Open Space
60 m2
158 m2
Yes
Front Site Height Maximum
9 m
8.65 m
Yes
Rear Site Height Maximum
6 m
N/A
-
Front Site Maximum Storeys
2
2
Yes
Rear Site Maximum Storeys
1
N/A
-
Front Boundary Setback
4.5 m
6.0 m
Yes
Side Boundary Setback
- Front Site
- Rear Site
2.0 m
2.1/3.85 m
N/A
Yes
-
Minimum Site Frontage
15 m
20.1 m
Yes
Building Envelopes
3.5m/45o
Yes
Car Parking Provision
2
2
Yes

Building Appearance and Streetscape

The building has been designed to address Milsop Place as its primary street frontage, and is proposed to be constructed in similar materials and finishes to the other more recently constructed buildings fronting Milsop Place. The height of the building is consistent with adjoining development along Milsop Place and will not detract from the existing streetscape. The nature of the existing development within the locality suggests that the erection of a two storey building to Milsop Place is acceptable, subject to the assessment of any associated environmental impacts including overshadowing and loss of privacy. Assessment of these issues is set out below.

The internal layout of the building does not facilitate direct access from internal living areas to the private open spaces to the front and rear of the proposed dwelling. Access to this outdoor open space can be improved by a modification to the internal layout of the ground floor, such that the proposed bar be relocated adjacent to the north-western wall of the rumpus room, and the windows to the north-eastern and south-western walls are changed to sliding glass doors. Access to the open space areas through the main front door and laundry of the proposed dwelling is not acceptable. An appropriate condition of consent has been included in the recommendation to this report.

The plans submitted with the application indicate the erection of a 1500mm high brick fence to the Milsop Place boundary alignment adjacent to the primary private open space. Details of the design of the brick fence have not been submitted, and concerns are raised with regard to the possible impact upon the streetscape. The brick fence should not be solid despite a need to maintain the privacy to the courtyard area. It is considered appropriate that the design of the brick fence be submitted with the building application to ensure the streetscape implications can be addressed prior to the release of the approved plans. The design should incorporate landscaping and some transparency to ensure that it does not detract from the qualities displayed by the existing streetscape. An appropriate condition of consent has been included in the recommendation to this report.

Building Height

In assessing building height, number of storeys and envelope controls, it has been assumed that the site, although not subdivided, has two frontages. Therefore a separate assessment has been undertaken in respect to the existing dwelling facing Jersey Avenue and the proposed dwelling facing Milsop Place.

The proposed dwelling which will face Milsop Place will comply with all building height controls (storeys, envelope and height). The existing dwelling facing Jersey Avenue does not comply with the height provisions of Council's IRDC. The rear section of the existing building is three storeys, with a maximum height of 11.12 metres. Building envelopes at this point also contravene Council's height provisions.

It is considered that this non-compliance should be viewed favourably by Council on the basis that the dwelling is existing, it is compatible with adjacent development when viewed from Jersey Avenue and the proposed dwelling to Milsop Place does comply with all IRDC requirements.

Amenity Considerations

Overshadowing

Assessment of the shadow diagrams submitted with the application indicate that the proposed development will allow adequate solar access to habitable rooms and private open space areas of adjoining properties during the winter solstice. The shadow cast by the proposed building will fall predominantly onto the subject site and Milsop Place during the 9.00am period, and will shift to the vacant rear yard of the adjoining property to the south east, without extending to the existing building on the adjoining site, during the 3.00pm period.

The habitable rooms and private open space areas of the proposed dwelling will receive adequate solar access during the mid-winter period, particularly after midday. The existing dwelling on the site causes considerable overshadowing to the proposed dwelling during the 9.00am and 10.00am period, however, this is offset by unobstructed access during the afternoon.

Privacy

The proposed dwelling has been designed to minimise overlooking of adjoining properties adjacent to the side boundaries. In this regard, it is noted that the only bedroom window on the first floor level is located along the side walls of the proposed dwelling.

The proposed dwelling will be subject to overlooking from the existing building on the site due to a number of factors, including the slope and the location of balconies to the rear elevation of the existing building. The proposal has incorporated design features to minimise the impact upon the amenity to the future residents of the proposed building. These design features include:

* location of service rooms predominantly to the rear elevation of the building;

* provision of planter bays to the first floor level adjacent to the proposed kitchen and second bedroom; and

* provision of dense landscape planting between the outdoor courtyards at ground level.

It is considered that the design features, in association with the 9 metre set back between the dwellings on the site, will allow for adequate visual and acoustic privacy to the proposed dwelling.

Private Open Space

The location of the primary open space directly adjacent to Milsop Place is considered acceptable in light of the visual privacy and solar amenity associated with this area. As indicated above, however, the internal design of the ground floor plan should be altered to enhance the relationship between the indoor and outdoor living areas.

Landscape Quality

The proposed development attempts to maximise the retention of vegetation on the site, and will contribute to the landscape quality of the locality through additional landscape planting to the site boundaries and between the proposed and existing dwellings on the site. The development achieves an acceptable ratio between the level of site development and the provision of landscaped area. No objections are raised in this regard subject to the submission of a full landscape plan with the building application.

Manager, Building Services

No objection has been raised to the proposed development subject to a number of standard conditions of consent and an additional condition restricting the height of the front fence to Milsop Place to 1.0 metre.

Comment: As indicated in the body of this report, the height and design of the front fence could be detrimental to the streetscape of Milsop Place. However, restricting the height of the front fence to 1.0 metre will reduce the privacy to this area. A condition of consent has been included in the recommendation to this report requiring the front fence to address the two issues of privacy and streetscape through a responsive design approach. It is considered likely that a front fence height of 1.5 metres would be acceptable if the design incorporated landscape elements and some level of transparency.

Manager, Development Advice

No objection has been raised to the proposed development subject to a number of standard conditions of consent. In addition it was recommended that Council require the applicant to contribute monies to Council to pay for road and kerb construction, drainage and property acquisition costs; and reimburse Council for the amount paid to the applicant/owner for acquiring the road widening strip adjacent to Milsop Place.

Planning Comments

Upon receipt of the advice of Council's Manager - Development Advice that Council should be reimbursed by the applicant for the purchase of land required for the widening of Milsop Place, legal comment was sought from Council's solicitors regarding the legality of pursuing such an option.

The history of the matter is that in 1991 Council purchased a portion of the subject land at a cost of $45,000 to enable road widening works to be carried out in Milsop Place. The majority of the other property owners in the street had dedicated the required portion of land to Council at no cost as a condition of consent in conjunction with the development of their land. Council's purchase of a portion of No. 15 Jersey Avenue occurred because the owner was not willing to dedicate any portion of land as it was said at the time that the owners had no intentions to redevelop their property.

The owners of the land have since lodged the application now before Council for determination. Council officers considered it feasible that an attempt be made, in conjunction with the application to recover the funds Council had expended in purchasing the land and the associated legal, drainage and road construction costs. Council notified the owners of the subject land of its intentions and in response received a letter from the owners' solicitor advising that their clients would not accept any obligation for the repayment of the amounts spent by Council. On this basis it was considered Council should obtain legal advice regarding its ability to recover the purchase price and associated legal and construction costs. The advice provided in response is reproduced in part for Council's information:

"Section 94 of the Environmental Planning and Assessment Act makes provision for the payment towards provision or improvement of amenities and services and provides that the consent authority dealing with a development application may condition the consent to require the dedication of land free of cost or the payment of a monetary contribution.

Under section 94(2A) a consent authority may grant consent to an application subject to a condition requiring the payment of a monetary contribution towards recoupment of the costs of providing public amenities or public services.

A council's ability to condition a development consent under section 94 is subject to the requirements contained in section 94(7) which provides:

"When granting consent to a development application made on or after 1 July 1993, a council may impose a condition referred to in this section only if it is of a kind allowed by, and is determined in accordance with, a contributions plan approved under section 94AB."

We understand that Council has adopted section 94 contributions plans (nos 1 to 4 inclusive). These contributions plans relate to car parking and traffic management, open space/community recreation facilities, drainage and community services and facilities. These contributions plans were prepared in April 1993 and are, as we understand it, the only section 94 contributions plans adopted by Council.

We have examined each of the four adopted section 94 contributions plans and consider that none refer to a contribution of the kind sought to be imposed in relation to recoupment of cost for road widening in Milsop Place.

We note that Council's section 94 contributions plan no. 1 - (car parking and traffic management) applies to "all land within Hurstville CBD". This is qualified in relation to the provision of off-street car parking and the plan applies to land within Hurstville CBD and also Riverwood Centre. The plan also exempts dual occupancy dwellings in relation to traffic management.

Accordingly, the section 94 contributions plan no. 1 appears to have no application at all to the subject development application.

Conclusion

In our view recoupment of the $45,000 previously paid for road widening could not be the subject matter of a valid condition of development consent.

Although this appears extremely unfair having regard to the history of this matter we consider the question of unfairness will not be taken into consideration by the Court if an appeal against such a condition was instituted in the Land and Environment Court.

If Council was to attach a section 94 contribution condition requiring the payment of $45,000 there is always the chance that the applicant will not appeal the condition. However given that the applicant has already obtained legal advice concerning this matter it is considered that Council must foreshadow the real possibility of an appeal. If the condition was attached and an appeal was taken Council could elect not to defend its decision to impose the condition and the matter could be disposed of by the Court without a full hearing by way of the Court adopting Short Minutes of Order whereby the condition was deleted from the Council consent."

On the basis of this advice, no conditions have been included in the recommendation of this report which would require reimbursement of Council's costs in respect to the land purchase, legal fees or construction costs.

Public Notification and Comment

Adjoining residents were notified by letter and given 14 days in which to view the plans and submit any comments on the proposal. No submissions were received during this period.

Summary

The proposal has discrepancies in respect to the storeys, building height and building envelope provisions stipulated by the IRDC. However, the scale and form of development on the site is consistent with similar developments along Jersey Avenue and Milsop Place, thereby providing a coherent streetscape. It does not result in any unreasonable environmental consequences to adjoining properties. The proposal’s contribution to the street can be enhanced through an appropriately designed front fence, which will address both streetscape and privacy issues.

It is considered that the internal design of the proposal should be modified to enhance the relationship between the internal and external living areas. This will not significantly alter the relationship of the development with development on adjoining land, and therefore can be modified by way of condition of consent.

No objections have been raised by adjoining owners/occupiers during the notification period, and Council’s internal referrals have not highlighted any major problems.

The proposal is considered satisfactory with regard to the relevant matters pursuant to Section 90 of the Environment and Planning Act. Accordingly, approval of the application subject to conditions is warranted.




HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .03.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 15 JERSEY AVENUE, MORTDALE (DA375/96)
DETACHED DUAL OCCUPANCY
(Report by Manager Development Services, Ms. G. Vereker)


. Recommendation 15 JERSEY AVENUE, MORTDALE (DA375/96)
DETACHED DUAL OCCUPANCY
(Report by Manager Development Services, Ms. G. Vereker)



RECOMMENDATION



THAT Council, as the consent authority, grant consent to the proposed dual occupancy development at land known as Lot 540 DP 831141 15 Jersey Avenue, Mortdale, subject to the following conditions of consent:

GENERAL

1. The development take place in accordance with drawing numbers 1 to 5, dated October 1996 and received by Council on 7 November, 1996, except as amended by the conditions listed hereunder

BUILDING REQUIREMENTS

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. In accordance with the survey plan and levels submitted by Miles Prsa the proposed dwelling shall not exceed RL 18.35 at the main ridge lines as measured vertically from any nominated point from natural ground level to the roof line directly above that point.

5. 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.

6. 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.

7. 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.

8. 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 the Building Certificate. It is to be the responsibility of the developer to pay for the construction of the fence and to ascertain which type of fence is preferred by the adjoining property owners.

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

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

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

12. The fence fronting Milsop Place shall be semi-transparent and not exceed a height of 1.5 metres to the satisfaction of Council. Details to be submitted with the building application.

13. The ground floor plan of the proposed dwelling shall be amended such that the internal living areas provide direct pedestrian access to the outdoor private courtyards. Details to be submitted with the building application.

SECTION 94 CONTRIBUTIONS

14. 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 $6357.00 and payable prior to the release of the approved building plans.

15. 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 $709.00 and payable prior to the release of the approved building plans.

16. 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 $1682.08 and payable prior to the release of the approved building plans.

STORMWATER MANAGEMENT

17. 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.

18. A 1.0 metre wide easement to drain water is to be created over the subject site to benefit the existing dwelling on the site to allow their stormwater to be drained to the kerb and gutter in Milsop Place. The easement is to be registered 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.

19. All stormwater from the existing dwelling is to drain to the kerb and gutter in Milsop Place via a registered 1.0 metre wide drainage easement.

PARKING AND VEHICULAR ACCESS

20. 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.

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

22. 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 Building Certificate.

23. Applicant to pay Council to construct a new 150mm thick concrete vehicular crossing reinforced with F72 mesh. Quote given on request.

LANDSCAPING

24. 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.

25. 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.

SUBDIVISION REQUIREMENTS

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

27. Payment to Council for an additional garbage service on occupation of the new dwelling. For relief from the second garbage service the landowner shall signify, in writing, that one service is sufficient for the approved dual dwelling developments on the site and that there is no intention to seek approval for a subdivision of the lands by way of strata subdivision or the like.

28. 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.

29. Provision is to be made for separate electricity and drainage services if a future subdivision application is to be made to Council.





HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.03.02 13 JERSEY AVENUE, MORTDALE (DA 64/97)
DUAL OCCUPANCY - TWO STOREY FOUR (4) BEDROOM DWELLING
AT THE REAR OF THE SITE
(Report by Manager, Development Services, Ms. G. Vereker)




Applicant : Winston Construction Pty. Ltd.
Proposal : DUAL OCCUPANCY -
TWO STOREY FOUR (4) BEDROOM
DWELLING AT THE REAR OF THE SITE
Zoning : Zone No. 2 - Residential
Residential Development
Control Plan 1994 : Development Area "B"
Owners : Winston Construction Pty. Ltd.
Existing Development : Three Bedroom Single Storey Dwelling
Cost of Development : $95,000

PRECIS OF REPORT

1. At its meeting held on 11 June 1997 Council approved the above-described development on land in Jersey Avenue and Milsop Place, Mortdale.

2. The approval issued was subject to conditions including repayment to Council of the purchase price of land required for road widening and associated legal and construction costs.

3. Legal advice has now been received indicating that such requirements are not valid conditions of development consent.

4. It is recommended that Council issue an amended Development Consent under S.102 of the E.P. & A. Act deleting the conditions mentioned above.


BACKGROUND

In 1991 Council purchased a portion of the subject land at a cost of $7780 to enable road widening works to be carried out in Milsop Place. The majority of the other property owners in the street had dedicated the required portion of land to Council at no cost as a condition of consent in conjunction with the development of their land.

Only No. 13 and No. 15 Jersey Avenue had not dedicated the required road widening as a result Council had purchased the land. The funds expended by Council in respect to No. 13 Jersey Avenue were as follows:

$13768 for road construction, drainage costs and property acquisition costs

$7780 comprising: $980 for the owners' legal costs
$300 for Council's legal costs
$6500 purchase price

As outlined in detail in my report to this Council meeting regarding No. 15 Jersey Avenue, Mortdale, legal advice was requested from Council's solicitors to determine Council's legal position with respect to the recovery of the expended funds. The advice provided is clear in that the imposition of a requirement upon the landowner to repay Council for the costs of purchasing and widening Milsop Place would not be a valid condition of development consent.

It is therefore recommended that Council issue an amended Development Consent under S.102 of the E.P. & A. Act, deleting the two conditions which require repayment of funds expended by Council on the widening of Milsop Place.


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .03.02
DEVELOPMENT & HEALTH

HEADING: Recommendation 13 JERSEY AVENUE, MORTDALE (DA 64/97)
DUAL OCCUPANCY - TWO STOREY FOUR (4) BEDROOM DWELLING
AT THE REAR OF THE SITE
(Report by Manager, Development Services, Ms. G. Vereker)


. Recommendation 13 JERSEY AVENUE, MORTDALE (DA 64/97)
DUAL OCCUPANCY - TWO STOREY FOUR (4) BEDROOM DWELLING
AT THE REAR OF THE SITE
(Report by Manager, Development Services, Ms. G. Vereker)



RECOMMENDATION


THAT Council as the consent authority approve amended development application DA64/97 for a dual occupancy on Lot 530 DP 772067, No. 13 Jersey Avenue, Mortdale, subject to the following conditions:

GENERAL

1. Compliance generally with Drawing No 419-DA1 and 419-DA2 documentation prepared by McFadyen Anlezark Pty. Ltd. dated 4 April, 9 May and 16 June, 1997and submitted with DA 64/97, except where amended by the conditions of consent.

BUILDING CODE OF AUSTRALIA

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. 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.

4. 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.

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 Building Certificate. It is to be the responsibility of the developer to pay for the construction of the fence and to ascertain which type of fence is preferred by the adjoining property owners.

6. The building and or work being the subject of the development consent shall not be occupied until a final inspection has been carried out by Council and a Building Certificate issued.

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

RESTRICTIONS ON USE

8. 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.

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

10. 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.

11. There being not more than two (2) dwellings and/or occupancies on the subject land.

12. In accordance with the survey plan and levels submitted by McFadyen Anelzark, the proposed dwelling shall not exceed RL 14.677 at the main ridge line as measured vertically from any nominated point from natural ground level to the roof line directly above that point.

13. Should the approved attached dual dwelling be Torrens Titled, the dividing wall between dwellings shall be of brick cavity construction and extend to the underside of the roof covering, and not be crossed by combustible roof battens. Further, to any easements for access, services and projecting eaves and gutters the said common wall will have an easement for support over each allotment.

DRAINAGE

14. Applicant to pay Council to construct a new 100mm thick concrete crossing in Milsop Place to serve the new dwelling.
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.

15. 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.

16. All stormwater from both lots to flow by gravity to the kerb and gutter in Milsop Place.

CAR PARKING

17. The proposed double garage shall have a minimum clear door jamb width of 5.4 metres. Details shall be submitted with the building application.

18. The vehicular driveway and 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.

19. The existing fibro garage on the rear lot to be demolished and a new garage or carport to be constructed on the front lot to serve the existing dwelling all to Council approved plans. A minimum setback of 4.5 metres must be allowed for the proposed carport. Revised plans showing the carport and appropriate setback must be submitted with the Building Application.

PUBLIC UTILITY

20. Provision is to be made for separate electricity and drainage services if a future subdivision application is to be made to Council.

21. 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, Telstra and Sydney Water.

SECTION 94 CONTRIBUTIONS

22. 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 $2,967 and payable prior to the release of the approved building plans.

23. 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 $331 and payable prior to the release of the approved building plans.

24. 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 $1,223 and payable prior to the release of the approved building plans.

LANDSCAPING

25. The submission of a detailed landscape plan with at least 50% of the site to be landscaped 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.

26. Perimeter planting along boundaries in particular the common boundary between the existing and proposed dwelling shall be such as to provide a dense-foliaged plant screen of trees and shrubs to be of a quick growing advanced nature 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.



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.03.03 15 LESLEY CRESCENT AND 27 SCOTT STREET, MORTDALE (DA134/97)
ERECTION OF 3 X 3 BEDROOM DWELLINGS
(Report by Manager, Development Services, Ms. G. Vereker)




Applicant : John G. Davies & Associates
Proposal : ERECTION OF 3 X 3 BEDROOM
DWELLINGS
Zoning : Zone No. 2 - Residential
Residential Development
Control Plan 1994 : Development Area "B"
Owners : Mr. & Mrs. C. Giegerl
Existing Development : 2 Single Storey Residences
Cost of Development : $450,000

PRECIS OF REPORT

1. The proposal is to construct 3 x 3 bedroom dwellings on two allotments of land, one with frontage to Lesley Crescent and the other having frontage to Scott Street in Mortdale.

2. Two of the dwellings are proposed to form the ground and first floors of a two storey building facing Lesley Crescent. The third dwelling is proposed as a two storey building fronting Scott Street.

3. The development does not comply with the requirements of Council's IRDC in several respects including frontage, boundary setbacks and building envelopes.

4. No objections have been raised to the development by the Manager, Development Advice, however the Manager, Building Services has raised concerns regarding the means of complying with the requirements of the Building Code of Australia.

5. As at the time of writing this report no objections to the development were received during the notification period.

6. It is recommended that the Development Application be approved subject to appropriate conditions.


Existing and Surrounding Development

The site proposed for development comprises two allotments, one fronting Lesley Crescent and the other, Scott Street. The allotment in Lesley Crescent is in excess of 15.0 metres wide and is occupied by a single storey dwelling. The site in Scott Street also has a single storey dwelling erected upon it, but is only 11.0 metres wide. The development site is generally level, with a slight slope towards Scott Street. Both allotments have a reasonable cover of vegetation.

Adjoining and adjacent development is low density residential in nature consisting of one and two storey single dwellings. A pedestrian pathway runs parallel to the southern boundary of both lots.

Section 90 Heads of Consideration

The site has been inspected and the proposal examined in accordance with the heads of Consideration in Section 90 of the Environmental Planning and Assessment Act, 1979 and the following comments are made.

Statutory Requirements

The subject site is zoned No. 2 Residential under Hurstville LEP 1994 and as such the proposal is permissible with Council consent. The proposal has been assessed with respect to the provisions of Council's IRDC for Development Area "B".

Application History

DATE
ACTION
18/6/97Application lodged with Council
30/6/97Preliminary assessment of application.
3/7/97 - 17/7/97Notification undertaken - No letters of objection received
1/7/97Additional information requested regarding building envelopes and calculation of open space.
9 /7/97Additional information received.



Proposed Development

The development proposed for the two lots involves the following:

* Demolition of both existing dwellings.

* Erection of a two storey building fronting Lesley Crescent comprising a three bedroom dwelling on the ground floor and a three bedroom dwelling on the first floor.

* Erection of a two storey three bedroom dwelling facing Scott Street.

* Provision of a double garage for the dwelling in Scott Street and a single garage and single carport for each dwelling in Lesley Crescent.

Compliance with IRDC


Tabled Information

IRDC Requirement
Proposed
Compliance
Site Area
315 m2/dwelling
354 m2
Yes
Density
3.37 dwellings
3 dwellings
Yes
Landscaped Open Space
50%
50%
Yes
Lesley Crescent
Private Open Space:
60 m2
100 m2
Yes
Front Site Height Maximum
9 m
8.2 m
Yes
Rear Site Height Maximum
6 m
8.2 m
No
Front Site Maximum Storeys
2
2
Yes
Rear Site Maximum Storeys
1
2
No
Front Boundary Setback
4.5 m
3.5 - 4.5 m
Partial
Side Boundary Setback
2 m
(2 storeys)
minimum
1.1 m
No
Minimum Site Frontage
15 m
16.9 m
Yes
Building Envelopes
3.5m/45o
various
No
Car Parking Provision
2 spaces per dwelling
i.e. 4
1 garage + 1 carport per dwelling = 4
Yes
Scott Street
Private Open Space
60 m2
99 m2
Yes
Front Site Height Maximum
9 m
6.9 m
Yes
Rear Site Height Maximum
6 m
7.4 m
No
Front Site Maximum Storeys
2
2
Yes
Rear Site Maximum Storeys
1
2
No
Front Boundary Setback
4.5 m
4.5 m
Yes
Side Boundary Setback
2 m
(2 storeys)
minimum
1.35 m
No
Minimum Site Frontage
15 m
11 m
No
Building Envelopes
3.5m/45o
various
No
Car Parking Provision
2
2
Yes

Areas of Non-compliance

The proposed development contravenes Council's IRDC in several respects, specifically related to height, number of storeys, building envelopes and boundary setbacks. The allotment in Scott Street is also restricted by its 11 metre width. It is considered that each area of non-compliance can be justified on a merit basis. Each area is now discussed in some detail.

(a) Boundary Setbacks

The development proposes a variation to the front boundary setback to Lesley Crescent due to the location of the double carport being partially within the 4.5 m building line. Although the building could be relocated further toward the rear of the allotment to ensure compliance with this building line, this would adversely impact on private open space, the calculation of total landscaped area and would increase the impact of the two storey building upon the adjoining backyard. Little would be achieved by this change at the Lesley Crescent frontage, and as the variation is minor, it is considered that it should be supported.

The development also proposes variations to the northern and southern boundary setbacks, taking into account that the development comprises all two storey buildings. It is considered that the variations along the southern boundary can be justified on the basis that this boundary adjoins a pedestrian pathway which in practical terms provides an additional buffer to the adjacent residential property. Along the northern boundary the setback provided to the dwelling in Scott Street does comply with Council's code, however the building in Lesley Crescent at first floor level is not in compliance. It is considered that this variation can be viewed favourably on the following basis:

* as the adjoining dwelling is situated on the northern side, no overshadowing will be created by the proposed building.

* at first floor level living areas are positioned on the southern side of the dwelling therefore minimising any potential overlooking.

* screen planting can be required inside the northern boundary to reduce any potential impact on the privacy of the adjoining yard to the north.

(b) Height and Number of Storeys

As the proposed development has two street frontages and is adjoined by a pedestrian pathway to the south, compliance with Council's code in respect of height and number of storeys in relation to the relative position of the front and rear of the site, is difficult to assess. With respect to the dwelling proposed for Scott Street, the proposed dwelling is in a relatively equivalent position to those on adjoining properties and so could be considered to comply with height and storey requirements. However, with respect to the building in Lesley Crescent, the rear of the site could be considered to lie on an equivalent line to the centre of the proposed building, which therefore does not comply with height and number of storey provisions. It is considered Council should view compliance with these provisions with some flexibility on the basis that the development is proposed over two allotments which makes interpretation of these requirements more complicated. The fact that no objections have been received also needs to be taken into account.

(c) Building Envelopes and Minimum Frontage

When viewed from the street frontage of both Lesley Crescent and Scott Street neither building envelope complies with Council's code. The variation to the envelope to Lesley Crescent is reasonably minor and can be viewed favourably as it occurs only on the southern side, i.e. adjacent to the pedestrian pathway. The building envelope of the dwelling facing Scott Street shows a more substantial non-compliance which is exaggerated because this allotment measures only 11 m wide rather than the 15 m set by Council's policy.

Due to the narrow width of the Scott Street allotment, it would be extremely difficult to design a two storey dwelling which would totally comply with building envelopes. On the basis that a new two storey single dwelling would be likely to be approved on this individual allotment, and that the adjoining dwelling to the south is a two storey dwelling it is considered feasible to permit both envelope and frontage concessions.

In summary, although what could be considered as substantial concessions are requested for the proposed development, it is considered that in this particular case they are not unreasonable. The site is situated in a somewhat unique position. The adjoining pedestrian pathway ensures that variations to height, setbacks and building envelopes do not increase overshadowing or privacy impact upon the dwellings to the south. The dwellings to the north suffer no overshadowing and can be protected from potential overlooking by suitable perimeter planting. It is suggested that the proposed first floor dwelling to Lesley Crescent should itself be protected from any privacy impacts which may occur via the first floor patio being visible from the pedestrian pathway. To minimise privacy intrusion for occupants it is recommended that a privacy screen be erected on the southern side of the patio.

Divisional Referrals

* Manager, Building Services - No objections, however detailed information will need to be submitted with the Building Application satisfying the provisions of the Building Code of Australia relating to fire separation, vertical separation and noise transmission.

* Manager, Development Advice - No objections to proposal. Standard conditions including drainage amplification to be imposed if the development is approved.

* Tree Inspector - Council's Tree Inspector advised that there are no significant trees located on either allotment, with the exception of a large eucalyptus haemastoma situated in the front yard of No. 27 Scott Street. On the basis that this tree is to be retained and protected, there are no objections to the development.


Public Notification and Comment

Adjoining residents were notified by letter and given fourteen (14) days from 3 to 17 July, 1997 in which to view the plans and submit any comments on the proposal. At the time of finalising this report, i.e. 15 July 1997, no submissions had been received. A verbal report will be presented to the Development and Health Committee on 23 July, outlining whether submissions were received during the final two days of the notification period.

Conclusion

While the development as proposed does not comply with certain aspects of Council's IRDC, it is considered that the non-compliance can be justified on the basis that the development creates little negative impact on adjoining properties and is compatible with the existing streetscape in both Lesley Crescent and Scott Street.




HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .03.03
DEVELOPMENT & HEALTH

HEADING: Recommendation 15 LESLEY CRESCENT AND 27 SCOTT STREET, MORTDALE (DA134/97)
ERECTION OF 3 X 3 BEDROOM DWELLINGS
(Report by Manager, Development Services, Ms. G. Vereker)


. Recommendation 15 LESLEY CRESCENT AND 27 SCOTT STREET, MORTDALE (DA134/97)
ERECTION OF 3 X 3 BEDROOM DWELLINGS
(Report by Manager, Development Services, Ms. G. Vereker)



RECOMMENDATION


THAT Council as the consent authority approve Development Application DA 134/97 for the erection of 3 x 3 bedroom dwellings on two allotments of land fronting Lesley Crescent and Scott Street, Mortdale subject to the following conditions :

GENERAL

1. Compliance generally with Drawing No 25/97 - 1, 2 and 3 tables and documentation prepared by John G. Davies and Associates dated May, 1997 and submitted with DA 134/97, except where amended by the conditions of consent.

SECTION 94 CONTRIBUTIONS

2. 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 $1,272 and payable prior to the release of the approved building plans.

3. 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 $142 and payable prior to the release of the approved building plans.

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 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 $1,880.45 and payable prior to the release of the approved building plans.

PARKING AND VEHICULAR ACCESS

5. The provision on site of six (6) car spaces in accordance with plans submitted with D.A. 134/97.

6. 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.

7. All car spaces shall have minimum dimensions of 2.5m X 5.5m.

8. Each proposed single garage shall have a minimum clear door jamb width of 2.7 metres. Details shall be submitted with the building application. The double garage must have a minimum clear door jamb width of 5.4 metres.

9. Applicant to pay Council to :
a) Replace the existing crossing with a 100mm thick double width concrete crossing reinforced with F72 mesh in Lesley Crescent.
b) Replace the existing crossing with a 100mm thick unreinforced concrete crossing in Scott Street.
c) construct a 1.52 metre wide by 80mm thick concrete path in Lesley Crescent 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.

STORMWATER MANAGEMENT

10. 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.

11. All stormwater to drain to the kerb and gutter in either Lesley Crescent or Scott Street.

BUILDING REQUIREMENTS

12. 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.

13. The lots to which the development relates shall be consolidated into one allotment and the plan registered at the Land Titles Office prior to a Building Certificate being issued, or alternatively, the applicant is to produce a dealing number from the Lands Titles Office prior to the release of the building plans.

14. 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.

15. 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.

16. 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 pay for the construction of the fence and to ascertain which type of fence is preferred by the adjoining property owners.

17. 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.

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

19. All plumbing except stormwater downpipes and vent pipes shall be kept within the building and not exposed to public view.

20. The building and or work being the subject of the development consent shall not be occupied until a final inspection has been carried out by Council and a Building Certificate issued.

21. Arrangements are to be made for the collection, storage and disposal of all waste materials in an approved container, to the satisfaction of the Divisional Manager, Development and Health.

SUBDIVISION

22. 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.

23. Provision is to be made for separate electricity and drainage services if a future subdivision application is to be made to Council.

24. Should the applicant wish to subdivide the subject land 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, Telstra and Sydney Water.

LANDSCAPING

25. 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.

26. The landscaped area shown on the plan submitted with the application shall be landscaped and maintained at all times to the satisfaction of Council.

27. Perimeter planting along 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.

TREE PROTECTION

28. The trees shown dotted on the approved plan may be removed. The remainder of the trees on-site, indicated with a solid line, must be retained.

29. The trees to be retained must be protected during the period of demolition, excavation, site preparation and construction, by the erection of a suitable barrier around the perimeter of each tree. The barrier must be such to prevent damage to the trees and their root system by the movement of vehicles, handling or storage of building materials, excavation, filling or the like. Details of the means of protection must be submitted to Council with the Building Application, and be erected prior to any works commencing on-site.

30. No excavation, filling or compaction, no buildings or structures, and no services may be placed within the area defined by the canopy of the eucalyptus haemastoma at the front of the Scott Street allotment, with the exception of the driveway which must be laid at a distance of at least one metre from the trunk of the tree.

DESIGN

31. The first floor patio proposed for Dwelling 2 in Lesley Crescent must provide a screen along its southern side to ensure visual privacy from the pedestrian pathway. Details of the height and materials selected for this screen must be submitted with the Building Application.

ADVISORY NOTES REGARDING THE SUBMISSION
OF A BUILDING APPLICATION

A) Vertical separation of openings in external walls between dwellings 1 and 2 must be provided in accordance with C2.6 of the Building Code of Australia. Details to be submitted with the Building Application.

B) The method of fire separation of the opening between the floor slab of dwellings 1 and 2 must be detailed and submitted to Council for approval with the Building Application.

C) Noise transmission and insulation of the wall between dwellings 1 and 2, in particular where the soil pipes penetrate the floor slab, must be submitted to Council for approval with the Building Application.


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.03.04 16-18 ARCADIA STREET, PENSHURST (DA95/97)
ERECTION OF 3 STOREY RESIDENTIAL DEVELOPMENT CONTAINING
6 X 3 BEDROOM AND 18 X 2 BEDROOM UNITS
(Report by Manager, Development Services, Ms. G. Vereker)




Applicant : Hartron Pty. Ltd.
Proposal : ERECTION OF 3 STOREY RESIDENTIAL DEVELOPMENT CONTAINING 6 X 3 BEDROOM AND 18 X 2 BEDROOM UNITS
Zoning : Zone No. 2 - Residential
Residential Development
Control Plan 1994 : Development Area 'D'
Owners : Department of School Education
Existing Development : Vacant land, currently used informally as a car park for Penshurst Public School staff, parents and residents of adjacent developments.
Cost of Development : $1.6 million

PRECIS OF REPORT

1. The proposal is to construct a 3 and partially 4 storey residential building containing 6, 3 bedroom and 18, 2 bedroom units and parking for 36 vehicles.

2. The proposal does not comply with the provisions of Council's IRDC with respect to landscaped area, height and number of storeys.

3. Both the Manager Building Services and the Manager Development Advice have raised no objections to the development.

4. Two (2) objections were received in response to the public notification of the proposal.

5. It is considered that the proposal has substantial merit and it is recommended that the Development Application be approved subject to appropriate conditions.

Existing and Surrounding Development

The site consists of 2 vacant allotments located in Arcadia Street, Penshurst, currently used as a parking area for the adjacent primary school. The site is burdened by a 4750mm right of access in favour of the Department of Aviation and is bounded on two sides by already existing 3 storey walk up units.

A single storey brick residence is located to the north of the property. The street is generally characterised by single detached dwelling houses and newer medium density villa home developments. Some unit development exists in close proximity to the site.

Section 90 Heads of Consideration

The site has been inspected and the proposal examined in accordance with the Heads of Consideration in Section 90 of the E P & A Act 1979 and the following comments are made:

Statutory Requirements

The subject site was originally zoned Special Uses (School) under the provisions of Hurstville LEP 1994 and was owned by the Department of School Education. In August 1996 the site was rezoned to Zone No. 2 Residential on the basis that the site was to be made available by the Department for disposal. As such, the development now before Council is permissible with Council consent and the proposal has been assessed in respect to the relevant provisions of Council's IRDC for Development Area 'D'.

Application History

Date
Action
12/5/97Application lodged with Council.
23/5/97Application referred to Manager Building Services and Manager Development Advice
29/5/97Application referred to Council's Tree Inspector
3-24/6/97Public notification period - 2 objections received
18/6/97Letter to applicant requesting written justification of proposed variations to IRDC
23/6/97Response received from applicant
8/7/97Meeting held with Ward Councillors and applicant to consider variations to Code


Proposed Development

The development now before Council consists of the erection of a 3 storey residential building over one level of basement parking. The development contains 18, 2 bedroom and 6, 3 bedroom units and parking for 36 cars.

The building has been oriented around a north facing terrace at podium level in order to maximise solar energy and outdoor amenity to each unit. To enable the terrace to be constructed on a single level and in response to the slope of the land the basement carpark level is situated underground at the street frontage of the development but at ground level at the rear of the site. This means that the rear of the development actually forms a 4 storey building.

Compliance with the IRDC



Tabled Information

IRDC Requirement
Proposed
Compliance
Site Area
24 dwellings
24 dwellings
Yes
Density
105m2
105m2/unit
Yes
Landscaped Open Space
45%
37%/53%
No
Front Site Height Maximum
12m
<12m
Yes
Rear Site Height Maximum
12m
12.9m
No
Front Site Maximum Storeys
3
3
Yes
Rear Site Maximum Storeys
3
4
No
Private Open Space
12m2
Various
Partial
Front Boundary Setback
6m
6m
Yes
Rear Boundary Setback
6m
8m
Yes
Side Boundary Setback - 3 storey
7m
7m
Yes
Minimum Site Frontage
24m
40.23m
Yes
Parking Provision
32
36
Yes
Building Envelopes
1.5m/45o
Various
Yes


Divisional Referrals


Manager Building Services

No objections to the proposed development subject to the imposition of standard conditions and submission of detailed plans and information indicating compliance with the Building Code of Australia at Building Application stage.

Manager Development Advice

No objections to the proposed development subject to the developer obtaining an easement for the disposal of stormwater from the site.

Council's Tree Inspector

No objection to the proposed development subject to the retention of 3 native Australian rainforest trees situated at the rear of the site, such retention involving ensuring that no development takes place within a minimum 3 metre diameter of the trunk of each tree.

Public Notification and Comment

Adjoining residents were notified by letter and a notice was placed in the newspaper and on the site advising of a notification period of 21 days from 3 to 24 June 1997. Two (2) objections were received in response to the notification. Concerns raised are summarised as follows:

Parking

Concern was raised regarding the impact the development will have on availability of parking in the locality. This is due to the fact that the property is presently officially used by Penshurst Public School for staff and parent parking. Unofficially the land is also used by both residents of Arcadia Street and the general public for parking. The loss of this parking area will place more pressure on already extremely congested on-street parking.

Traffic

It was argued that Arcadia Street is an extremely busy street and the loss of the existing parking area coupled with the additional traffic movements resulting from an extra 24 dwelling units will create an unacceptable traffic impact.

Noise

Concern was raised regarding the noise levels which may result from the new development, both during and subsequent to construction.

Drainage

Comment was made that the development should not be approved unless a drainage easement is obtained in order that stormwater does not flow unretarded onto adjoining properties in Arcadia Street.

Planning Comments

In consideration of the issues raised in Divisional Referrals, as a response to public notification and in respect of non-compliance with certain provisions of Council's IRDC, the following comments are made:

Parking Concerns

The objection submitted which relates to parking and traffic concerns has some validity. Arcadia Street is clearly a heavily trafficked road and on-street parking is extremely well utilised particularly during daylight hours. The subject land currently provides parking for staff of Penshurst Primary School and parents of children attending the school. Residents of Arcadia Street and the general public also utilise the vacant allotments for parking, even though the land is owned by the Department of School Education and is not zoned for parking. Concerns were raised with the applicant regarding the loss of staff and parent parking as a consequence of the proposed development. The following response has been received from the Principal of Penshurst Public School:

"At present the vacant block of land is used as overflow parking for school staff. It is also used by parents when they drop and pick up students and unit dwellers in adjacent units. The unit dwellers are regularly reminded that they are not to park in the area during school time and generally adhere to this. However at night, weekends and in school holidays there are usually a number of cars parked in the area.

At present the school has parking for approximately ten cars adjacent to the school playground which is used by staff. This parking space will be retained in the redevelopment and an extra fourteen spaces provided in a new carpark on site. This will more than adequately provide for the parking needs of all staff.

Both parents and local residents use the vacant land illegally, although no action has ever been contemplated to stop them using the land for parking. However in the redevelopment there will be no additional parking for parents' cars, or those of residents. It is not the Department of School Education's policy to provide off street parking for anyone except staff.

I would hope that if the school redevelopment starts before the unit development opposite then some agreement could be made with the purchaser to still use the vacant land as car parking space until our new car park is complete. The carpark is in stage one of the redevelopment."

Attached to the above response was a plan indicating the proposed parking layout for the redevelopment being contemplated by the School. No Development Application has yet been lodged with Council, however on the basis of the Principal's letter and the plan which indicates that all staff parking will be accommodated within the existing school site, the proposal for the redevelopment of the existing vacant land is considered acceptable. It is agreed with the school that as the vacant land has never formally been considered public parking there can be no expectation that either the school or this development replace spaces informally used by residents and the general public. In addition, while Arcadia Street is extremely busy and the proposed development will add to the existing traffic levels, the fact that the development provides additional parking spaces on-site to that required under Council's Code, will assist in minimising the impact of the development on street parking.

Drainage

Both the referral from Council's Manager Development Advice and one of the two objections received state the necessity for stormwater disposal to take place via an easement to Cambridge Street. The applicant is aware of this requirement and a letter has been submitted advising that agreement has been given by the proprietors of No. 25 Cambridge Street for the granting of a drainage easement.

Tree Protection

Of the 3 trees required by Council's Tree Inspector to be retained and protected, 2 are located well clear of the proposed building and basement. The third tree, an Illawarra Flame, is proposed for removal, being situated within the visitor parking area. To enable retention of the tree it is recommended that visitor parking space No. 6 be deleted. This requirement has been incorporated within the recommendation as a condition of Development Consent. It should be noted that even with the deletion of one parking space, the development will provide three spaces additional to that required by Council's IRDC.

Issues of Non-Compliance

As outlined in the table of IRDC requirements the proposed development contravenes the provisions of the code in respect to landscaped area, height and number of storeys. These issues are inter-related and need to be considered in unison.

Council's IRDC requires that within an Area 'D' site, the minimum percentage of the site to be landscaped is 45%. In defining what constitutes landscaped area, the code states as follows:

"Landscaped open space may include up to 20% of impervious surfaces such as paved or tiled patios/courtyards and pathways but not private elevated balconies or terraces or driveways."

On the basis of these exclusions the proposed development provides only 37% landscaped area, substantially less than required. In practical terms however the development provides usable open space which comprises 53% of the site. The additional 16% is in the form of an open, north facing terrace situated at podium level. Due to the fact that this terrace is elevated and of impervious surface it cannot be included in the calculation of landscaped area.

In considering whether Council may accept that a concession be given with respect to the additional 16% area provided by the terrace, the objectives of the IRDC regarding landscaped area should be noted:

"* to create a pleasant and safe living environment that is environmentally responsive;
* to blend new development into the streetscape and neighbourhood."

It is considered that the proposed terrace will achieve the objectives of Council's IRDC with respect to landscaped area. The proposal to design the development around the north-facing terrace is in fact innovative and should be commended by Council. The podium area is level, usable open space. It affords each podium level unit access to the terrace and permits private courtyards with the maximum potential sunlight and protection from prevailing winds. Living areas within all units are also oriented north and/or east and retain a high level of privacy.

For these reasons it is considered that Council should vary the landscaped area provisions of the IRDC to permit the development to proceed as proposed. Although this would mean that a proportion of what would normally be required to be "green" area would be paved, the size of the site and positioning of the building means that substantial green areas will be maintained on 3 sides of the development.

The benefits to future residents of the podium terrace are partially related to the fact that the terrace has been designed to be constructed on one level. This will permit access to the podium for disabled persons and ensures the open nature and continuity of the area. A consequence of retaining the terrace on a single level and due to the slope of the site is that the building necessarily becomes four storeys from the northern-most edge of the terrace. The rear portion of the development therefore exceeds both Council's height and number of storeys limit, as outlined in the IRDC. In practical terms this means that although the parking area is provided as a full basement level at the front of the site, it becomes an additional floor constructed at ground level, at the rear of the site.

Discussions with the applicant have indicated that the development could be redesigned to comply with Council's height and storey provisions, by splitting the podium terrace into at least two distinct levels. However, I consider that the merits of the development, in particular the benefits of the terrace being provided on a single level, are such that Council should permit the requested variations to height and number of storey provisions. Significantly, Council should note that no objections were received in response to the notification period which made any mention of height, number of storeys, or perceived impact on privacy. In conclusion it is recommended that Council grant the concessions discussed in the preceding paragraphs on the basis that the development has substantial merit, has minimal impact on adjoining properties and creates a high level of amenity for future occupants.


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .03.04
DEVELOPMENT & HEALTH

HEADING: Recommendation 16-18 ARCADIA STREET, PENSHURST (DA95/97)
ERECTION OF 3 STOREY RESIDENTIAL DEVELOPMENT CONTAINING
6 X 3 BEDROOM AND 18 X 2 BEDROOM UNITS
(Report by Manager, Development Services, Ms. G. Vereker)


. Recommendation 16-18 ARCADIA STREET, PENSHURST (DA95/97)
ERECTION OF 3 STOREY RESIDENTIAL DEVELOPMENT CONTAINING
6 X 3 BEDROOM AND 18 X 2 BEDROOM UNITS
(Report by Manager, Development Services, Ms. G. Vereker)



RECOMMENDATION


THAT Council as the consent authority approve Development Application DA95/97 for the erection of a 3 storey, 24 unit residential development on Lots 25 & 26 DP 1193, Nos. 16-18 Arcadia Street, Penshurst, subject to the following conditions:

GENERAL

1. Compliance generally with Drawings prepared by Norman Mollica, Architect, submitted with DA95/97 , except where amended by the conditions of consent.

SECTION 94 CONTRIBUTIONS

2. 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 $83910 and payable prior to the release of the approved building plans.

3. 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 $9352 and payable prior to the release of the approved building plans.

PARKING AND VEHICULAR ACCESS

4. The provision of 35 car spaces in accordance with the submitted plans. Such spaces, manoeuvring areas, driveways and vehicular crossings are to be suitably constructed, sealed to provide a surface of material other than natural coloured concrete or bitumen, signposted, clearly linemarked, and drained to Council's specifications. Footpath and crossing levels are to be obtained from the Engineering Division at a fee set by Council.

The developer should note that visitor parking space No. 6 must be deleted in order to ensure protection of the existing Illawarra Flame tree, as indicated in red on the approved plans.

5. All vehicles shall enter or leave the site in a forward direction at all times.

6. All car spaces shall have minimum dimensions of 2.5m X 5.5m, except for disabled spaces which shall have minimum dimensions of 3.0m X 5.5m.

7. Each proposed single garage shall have a minimum clear door jamb width of 2.7 metres. Details shall be submitted with the building application. Each double garage must have a minimum clear door jamb width of 5.4 metres.

8. A minimum height between the floor surface and the lowest overhead obstruction shall be 2.1 metres for all areas traversed by cars. A minimum of 3.6 metres headroom shall be provided over all areas traversed by service vehicles.

9. All access driveways, queuing areas, ramps, gradients and the like for basement and ground level parking areas are to conform with the provisions of Australian Standard AS 2890-1-1993 - Parking Facilities except where otherwise required by Council. Details are to be submitted with the Building Application for approval.

10. 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.

11. The basement car park must be made secure by the erection of an appropriate door or gate. An intercom system must be provided to permit visitors' vehicles to obtain access to the car park. Details of this requirement must be submitted with the Building Application.

STORMWATER MANAGEMENT

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 applicant to provide an on site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, showing computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

* For events up to a 5% annual exceedance probability (AEP) design event as defined by Australian Rainfall and Runoff (May 1987), maximum peak site discharge resulting from the development shall not be greater than peak site discharge under existing conditions for all durations up to the time of concentration with OSD included and of the same AEP.

* Where the stormwater discharge points are connected to the street gutter system, the peak flow from the site shall not increase the width of gutter flow by more than 200mm at the design storm.

* The OSD facility shall be designed to meet all safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm.

14. All stormwater must drain by gravity to the kerb and gutter in Cambridge Street via a registered 1.0 metre wide easement through the property to the rear.

15. A 1m wide easement to drain water is to be created over the property adjoining the northern boundary to allow the discharge of all roof and surface water from the subject site to drain to Cambridge Street. The easement is to be registered prior to release of the Building Approval.

BUILDING REQUIREMENTS

16. 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.

17. The lots to which the development relates shall be consolidated into one allotment and the plan registered at the Land Titles Office prior to a Building Certificate being issued, or alternatively, the applicant is to produce a dealing number from the Lands Titles Office prior to the release of the building plans.

18. 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.

19. 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.

20. 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 pay for the construction of the fence and to ascertain which type of fence is preferred by the adjoining property owners.

21. 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.

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

23. A street number shall be clearly displayed in a prominent location at the front of the premises at all times, and shall be affixed to the building before occupation.

24. The site shall be known and numbered as No. 16 Arcadia Street, Penshurst.

25. All plumbing except stormwater downpipes and vent pipes shall be kept within the building and not exposed to public view.

26. Arrangements are to be made for the collection, storage and disposal of all waste materials in an approved container, to the satisfaction of the Divisional Manager, Development and Health. Details of the location of the garbage and recycling crate storage area must be submitted to Council for approval with the Building Application.

27. 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.

STRATA SUBDIVISION

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

LANDSCAPING

29. 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.

30. The landscaped area shown on the plan submitted with the application shall be landscaped and maintained at all times to the satisfaction of Council.

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

32. Perimeter planting along 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.

33. Payment to Council of a $2000 bond or bank guarantee prior to the release of approved Building Plans. This is to be provided by the developer to ensure that the landscaping implemented in accordance with the approved landscaping plan, continues to comply twelve (12) months after the development has been issued with a Certificate of Compliance.

TREE PROTECTION

34. The existing trees marked in red on the approved plans must be retained.

35. The trees to be retained must be protected during the period of demolition, excavation, site preparation and construction, by the erection of a suitable barrier around the perimeter of each tree. The barrier must be such to prevent damage to the trees and their root system by the movement of vehicles, handling or storage of building materials, excavation, filling or the like. Details of the means of protection must be submitted to Council with the Building Application, and be erected prior to any works commencing on-site.

36. No excavation, filling or compaction, no buildings or structures, and no services may be placed within the area defined by the canopy of each tree, i.e. within a minimum 3 metres diameter of the trunk of each tree.

ADVISORY NOTES REGARDING THE SUBMISSION OF A BUILDING APPLICATION

(A) Detail of mechanical exhaust ventilation of the internal bathrooms and laundries to be submitted with the Building Application.

(B) Details of the positioning, size and type of natural ventilation openings to be submitted with the building application.

(C) The relocation of Exit 2 must be considered to comply with the requirements of D1.4 of the Building Code of Australia.

(D) Details of the location of a caretaker toilet must be submitted with the Building Application.

(E) Details of the positioning of fire hose reels is to be submitted with the Building Application.

(F) Confirmation from the NSW Fire Brigade as to the necessity for a fire hydrant is to be submitted with the Building Application.

(G) Details of temporary fencing of site, on-site sheds and sediment control must be submitted with the Building Application.

(H) Details of any relocation of the Board's sewer must be submitted with the Building Application.

(I) The position and details of a fire detection alarm system and alarm system within the building to be submitted with the Building Application.











HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.04 DEVELOPMENT APPLICATIONS - PEAKHURST WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.04.01 6 KARWARRA PLACE, PEAKHURST (D.A. 101/97)
HOME ACTIVITY - OFFICE FOR BOOKSELLING / EDUCATIONAL MATERIAL




Applicant : K. L. & M. M. Smith
Proposal : HOME ACTIVITY - OFFICE FOR
BOOKSELLING / EDUCATIONAL
MATERIAL
Zoning : Zone No. 2 - Residential
Residential Development
Control Plan 1994 : Development Area "A"
Owners : K. L. & M. M. Smith
Existing Development : Two Storey Residence

PRECIS OF REPORT

1. Home office for the occupation of selling educational and accounting books.

2. Permissible use under Council's Local Environmental Plan 1994.

3. One (1) submission received from notification period.

4. Recommendation - approval - twelve (12) month review.



Existing and Surrounding Development

The existing premises is located within a cul-de-sac consisting of seven (7) dwellings of single and two storey configuration. The site is approximately 562 square metres in area with the dwelling on site established in approximately 1964. The surrounding area is well dept with evidence of regular maintenance and upgrading.

History

15/5/97 Lodgement of development proposal.

5/6/97 - 19/6/97 Neighbour notification to surrounding properties.


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.

Proposed Development

The applicant proposes to use the rear of the garage and the basement area of the two storey dwelling for the business operation of selling books for education and accounting needs. The area specified will not effect the use of the residence as it presently exists with the garage able to accommodate a vehicle quite easily due to the garage having a separate storage area built within this portion of the dwelling.

The operation of this home activity is a permissible use under Council's LEP 1994. This use of a residential premises for business operations will have little impact on the main existing use as a family home, as the amount of commercial interest to be attracted to the premises will be low. This is due to the operation of the business being of a mobile/vehicle operation and mail order facility. Similarly there will be no adverse impact on neighbouring properties.

Manager, Building Services

The application was referred to the Peakhurst Building Surveyor for comment in relation to the use of the premises and for any related building concerns. No objection was raised to the proposal subject to planning requirements being complied with by way of conditions.

Public Notification and Comment

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. One (1) submission was registered and their concerns are outlined below :

i) Parking/Traffic/Safety

There are concerns regarding the impact the proposal will have on the cul-de-sac as the inhabitants have one (1) vehicle which is parked on their property and three (3) which are permanently parked on the street together with a boat and trailer which is left parked on the driveway area.

Concerns were also raised as to the safety of the children who live within the street due to number of vehicles which may be attracted to the business.

Comment : An inspection of the cul-de-sac confirmed that vehicles were parked on the street and that a boat and trailer were parked on the premises with the driveway area allowing for only one (1) vehicle to be parked in the garage and one (1) other stacked behind.

The number of vehicles accessing the property due to the operation of the home activity is expected to be low and should the application be approved it is recommended that the consent be conditioned to require that all vehicles related to the residence and home activity be contained within the site.

Summary

The proposed home activity as assessed against the provisions of Council's LEP 1994 is a permissible use within the premises and will be of a minor significance compared to the main residential use. The impact on surrounding properties is expected to be minimal. It is suggested, however, that a twelve (12) month consent be issued initially (as is Council's general practice with all Home Activities) in order that the impact of the development may be reviewed in twelve (12) months time.


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .04.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 6 KARWARRA PLACE, PEAKHURST (D.A. 101/97)
HOME ACTIVITY - OFFICE FOR BOOKSELLING / EDUCATIONAL MATERIAL


. Recommendation 6 KARWARRA PLACE, PEAKHURST (D.A. 101/97)
HOME ACTIVITY - OFFICE FOR BOOKSELLING / EDUCATIONAL MATERIAL



RECOMMENDATION


THAT Council as the consent authority grant development consent for the operation of a home activity to operate an office for a bookselling educational and accounting at LOT 136 PT DP 210867 6 Karwarra Place, Peakhurst, subject to the following conditions :

GENERAL

1. Compliance generally with Drawings and plans submitted with DA 101/97, except where amended by the conditions of consent.

RESTRICTIONS ON USE

2. This consent is valid only for a period of twelve (12) months from the date of Council's letter of consent. Further notification is required prior to the expiry of twelve (12) months from the date of this notice for any extension of time of this approval.

3. The approved use being conducted only between the hours of 8.00 am and 5.00 pm Monday to Friday and 8.00 am and 12.00 noon Saturday.

4. The residence shall be used in conjunction with the approved use of the premises and not separately let or occupied.

5. The display or storage of goods outside the confines of the building is prohibited.

6. No retailing to the general public shall be carried out on the site.

CAR PARKING

7. Car parking for three (3) vehicles shall be provided on the site.

ADVERTISING

8. Advertising signs shall not be erected without prior application to and approval by Council. All advertising signs shall comply with the provisions of Council's Code for the erection of advertisements.

9. The use, display or affixing of any flashing, animated, moving or revolving illumination or lighting is expressly prohibited in, upon or attached to any part of the subject premises.



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 1 MAY, 1997 AND 30 JUNE, 1997



The Development Applications as set out in the attached schedules have been received between 1 May, 1997 and 30 June, 1997.

D.A.
NO.
PROPERTY
APPLICANT
DESCRIPTIONS
VALUE
88/97
2/176-184 Belmore Road
Riverwood
Galic & ColagiuriReal Estate Office
Use
89/97
14 Mi Mi StreetMr & Mrs WestHome Occupation - Motor Vehicle Consultancy Business
Use
90/97
18 Colvin Avenue
Kingsgrove
M HomerosHome Occupation - Coaching Mathematics
Use
91/97
6/21 Stanley Street
Peakhurst
D BerryScreen Printing
Use
92/97
Shop 5, 423-425 King Georges Road. Beverly HillsD GruossoChange of Use
Use
93/97
5/33 Stanley Street
Peakhurst
G MontgomeryTow Truck Business & Storage of trucks
Use
94/97
147 Cambridge Street
Penshurst
Dept. of Housing2x4 & 1x3 Bedroom Villas
$390,000
95/97
16 Arcadia Street
Penshurst
Hartron 6x3 & 18x2 Bedroom Units
$1.6 mill
96/97
95 Forest Road
Hurstville
Containers PackagingInstallation of Reconditioned 20m Exhaust Stack
$105,000
97/97
1 Dame Mary Gilmore Drive, OatleyDavid Crane & AssociatesInstallation of Drink Vending Machines - Oatley Park Castle & Roberts Road Tennis Courts
$3,000
99/97
Short Road
Riverwood
H & J Sakr14x3 Bedrooms Units
$1.12 mill
100/97
61 Queens Road,
Hurstville
Kindergarten KollegeChild Care Centre 35 Places (0-5 Years)
$10,000
101/97
6 Karwarra Place
Peakhurst
K L SmithHome Activity - Bookselling
Use
102/97
2/19 Norman Street
Peakhurst
B. ElvyMeat Processing Plant
Use
103/97
27 Southern Street
Oatley
P & C GrahamRetaining Wall & Levelling of Rear Terrace
$3,000
104/97
14/47 Lorraine Street
Peakhurst
Leather MasterWarehouse Fitout - Importing/Whilesaling of Leather Care Goods
$4,183
105/97
709 Forest Road
Peakhurst
J Monk-WestwoodAnimal Grooming Salon in Vet Clinic
Use
106/97
1024 Forest Road
Peakhurst
C Duignan1st Floor Addition to Existing Hair Salon
$10,000
107/97
23 Hampden Street
Beverly Hills
Laos Developments8x3 & 2x2 Bedroom Units
$800,000
108/97
61 Forest Road
Hurstville
Ms A BarkerChange of Use
Use
109/97
38 Holley Road
Beverly Hills
E PiperarisHome Activity - Beautician
Use
110/97
51 Woodlands Avenue
Lugarno
Farman, Bonser & AssociatesMulti-Unit Development 7 New Dwellings (& 1 Existing) 6x3 & 1x7 Bedrooms
$1.1mill
111/97
7 Lowana Place
Beverly Hills
Dept. of HousingAged Care Housing - 7x1 Bedroom Units
$460,000
112/97
54/2-8 Bridge Street
Hurstville
Intech SoftwareOffice Fitout
$10,000
113/97
29 Boorara Avenue
Oatley
N & K Papas1x4 & 1x3 Bedroom Dual Occupancies
$300,000
114/97
15 Coleridge Street
Riverwood
C Abdullah5x2 Bedroom Units
$330,000
115/97
21/47 Lorraine Street
Peakhurst
Nix ElectricalElectrical & Refrigeration Technicians
$6,000
116/97
48 Rosebery Street
Peakhurst
Fibrent1x5 & 1x3 Bedroom Dual Occupancies
$271,000
117/97
300 Forest Road
Hurstville
Thorn AustraliaChange of Use
Use
119/97
267 Forest Road
Hurstville
G SmithChange of Use
Use
120/97
8/159-163 Penshurst Street
Beverly Hills
B ChowFactory Fitout
Use
121/97
146 Morts Road
Mortdale
M & V CehChild Care Centre - Long Day Care - 29 3-6 Year Olds
$10,000
122/97
5 Koorabel Street
Lugarno
McFadyen Anlezark1x3 Bedroom Townhouse & 2x3 Bedroom Villas
$330,000
123/97
11 Lorraine Street
Peakhurst
S ShortAutomotive Mechanical Repairs & Service
Use
125/97
22 Woodville Street
Hurstville
B. NestorovskiShop Fitout
Use
126/97
160 Forest Road
Hurstville
W LauShop Fitout
Use
128/97
17 Pitt Street
Mortdale
M Antoniadis & C Rougalas7x2 & 3x3 Bedroom Units & 2 Commercial Units
$505,000
129/97
45 Boundary Road
Mortdale
A Galletta3x3 Bedroom Townhouse/Villas
$270,000
130/97
777 Forest Road
Peakhurst
C Abdullah5x3 Bedroom Villas
$360,000
131/97
1A Barnards Avenue
Hurstville
P O'LacoMedical Consulting Room
$15,000
132/97
26 Weston Road
Hurstville
P & T LevettHeritage Item - 1st Floor Addition
$40,000
133/97
7 Anderson Road
Mortdale
V Popovski2x3 Bedroom Dual Occupancies
$150,000
134/97
15 Lesley Crescent
Mortdale
John Davies & Associates2x3 & 1x4 Bedroom Townhouses
$450,000
136/97
5/176-184 Belmore Road
Riverwood
Century 21 Change of Use
Use
137/97
63A Boundary Road
Mortdale
PJT Engineering Services3 New Warehouses with 12 Basement Parking Spaces
$250,000
138/97
324 Forest Road
Hurstville
Paddock RestaurantShop Fitout
Use
140/97
32 Villiers Avenue
Mortdale
S Sekulovski1x4 Bedroom Dual Occupancy
$200,000
141/97
208 Forest Road
Hurstville
AuswingAlterations & Additions to Commercial Premises - Shops, Offices, Cafeteria, Functions
$800,000
142/97
5/52 Stanley Street
Peakhurst
G GuFactory Fitout
Use
143/97
30/47 Lorraine Street
Peakhurst
Buckley Bros Hot WaterWarehouse - Hot Water Systems & Electrical Products
Use
145/97
4 The Crescent
Kingsgrove
Goodman Fielder MillsInstallation of Bulk Liquid Carbon Dioxide Storage Vessel
$135,200
146/97
200 Forest Road
Hurstville
H TseOffice Fitout for Chinese/Australian Association
Use
147/97
18 Junction Road
Peakhurst
H Mujanic2x3 Bedroom Dual Occupancies
$250,000
148/97
12/802 Forest RoadC Powditch
Use
149/97
81A Belmore Road
Peakhurst
Grovewood HomesDetached Single Storey Dual Occupancy
$134,300
150/97
12 Woodcliff Parade
Lugarno
E L Heinrich Est Late2 Dormer Windows in Attic Space, Extend Sunroom & Add Double Garage
-
151/97
1/47 Lorraine Street
Peakhurst
Regent ConstructionsExtend Mezzanine Floor For Office & Storage/Workshop
$10,000


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.01
DEVELOPMENT & HEALTH

HEADING: Recommendation DEVELOPMENT APPLICATIONS RECEIVED BETWEEN 1 MAY, 1997 AND 30 JUNE, 1997

. Recommendation DEVELOPMENT APPLICATIONS RECEIVED BETWEEN 1 MAY, 1997 AND 30 JUNE, 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 1 MAY, 1997 AND 30 JUNE, 1997



The Development Applications as set out in the attached schedules have been Approved (Part A) or Refused (Part B) under delegated authority between 1 May and 30 June, 1997.

D.A.
NO.
PROPERTY
APPLICANT
DESCRIPTIONS
RESULT
DATE
532/95
39 Dora Street
Hurstville
Kaz KuczmaSection 102 Amendment
8/5/97
557/97
21 Arcadia Street
Penshurst
G Yeremeyev2x3 Bedroom Dual Occupancies
7/5/97
168/96
588 King Georges Road
Penshurst
H TrikeriotisExtension of Hours and Increase No. of Children
2/5/97
321/96
126 Carrington Avenue
Hurstville
Nautilus Design2x3 Bedroom Dual Occupancies
6/5/97
327/96
7/707 Forest Road
Peakhurst
SetleafChange of Use
21/5/97
330/96
83 Inverness Avenue
Penshurst
Laura Kincaid Developments1x4 Bedroom Dual Occupancy
12/5/97
370/96
52 Anderson Road
Mortdale
T WalmsleyDividing Wall to Factory to Create Two Units
22/5/97
386/96
91 Baumans Road
Peakhurst
R Nash1x3 & 3x2 Bedroom Villas
8/5/97
390/96
900 Forest Road
Peakhurst
Sabton & Son7x3 & 2x2 Bedroom Villas
29/5/97
396/96
32 Tooronga Terrace
Beverly Hills
S VengShop Fitout
26/6/97
419/96
41 Shenstone Road
Riverwood
E Wahhab1x5 Bedroom Townhouse 2x3 Bedroom villa
2//97
433/96
710 King Georges Road
Penshurst
Shaheer Gobran4 Townhouses and 2 Villas
9/5/97
9/97
15 Wright Street
Hurstville
S Saade14x3 Bedroom Units
7/5/97
10/97
803 Forest Road
Peakhurst
R & F Squadrito2x4 Bedroom Dual Occupancies
28/5/97
12/97
32 Mavis Avenue
Peakhurst
J & N Apostolovski2x3 Bedroom Dual Occupancies
21/5/97
13/97
24 Flora Street
Narwee
G Fares1x5 Bedroom Townhouse and 2x4 Bedroom Villas
13/5/97
24/97
243A Forest Road
Hurstville
L R BurcherAlterations to Existing Commercial Building - Old Post Office - to 4 Tenancies
21/5/97
26/97
1/81 The Avenue
Hurstville
Archvision Design1st Floor Addition to single storey Heritage Building
21/5/97
27/97
5 Hardwicke Street
Riverwood
R Bozinovski1x3 Bedroom Dual Occupancy
13/6/97
33/97
623 King Georges Road
Penshurst
Roads & Traffic Authority3x3 Townhouses & 5x3 Bedroom Villas
24/6/97
35/97
42 Gover Street
Peakhurst
VNS ComputersComputer Repair, Sales and Service
10/6/97
37/97
490 King Georges Road
Beverly Hills
M KhanEat In & Takeaway Food Shop
2/5/97
44/97
465 King Georges Road
Beverly Hills
W KongCafe Seating 6\58 People
8/5/97
47/97
6 The Crescent
Kingsgrove
Rothe Lowman PropertyNew Factory and Warehouse with Ancillary Office and Basement Carpark
14/5/97
48/97
7 Elm Street
Lugarno
P A Orlando2x3 Bedroom Dual Occupancies
17/6/97
50/97
37 Anderson Road
Mortdale
Masterton HomesAttached 2 Storey 3 Bedroom Dwellings
4/6/97
53/97
3 Cross Street
Hurstville
Westfield DevelopmentsChange of Use - Shop M - Extension of Loading Dock & Fitout
1/5/97
55/97
26 Barry Avenue
Mortdale
N FinnGlass Processing Factory
10/6/97
61/97
333 Belmore Road
Riverwood
S SrourTakeaway Food Shop
7/5/97
66/97
185A Forest Road
Hurstville
AAPAC Group alterations to Existing Commercial Premises for the Occupation of Medical Practice
19/6/97
70/97
17 Austral Street
Penshurst
S Mezrani7x3 & 2x2 Bedroom Units
24/6/97
71/97
5 McLeod Street
Hurstville
I KolakHome Occupation
11/6/97
72/97
22-24 Norman Street
Peakhurst
Ardon PeakAssembly of Electrical Control Cabinets
6/5/97
73/97
137 Boundary Road
Peakhurst
B PurcellRetailing of Craft Timbers
23/6/97
75/97
47 Lorraine Street
Peakhurst
Kyle Bay RemovalsStorage Removal Company Plus Mezzanine Floor
20/5/97
76/97
102 Coleridge Street
Riverwood
S SaadHome Occupation
11/6/97
79/97
269 Forest Road
Hurstville
J SamiaChange of Use
16/5/97
80/97
378 Forest Road
Hurstville
New Age GroupChinese Grocery Shop
30/5/97
83/97
127 Forest Road
Hurstville
C CaoChinese Herbal Centre
16/5/97
86/97
190 Forest Road
Hurstville
A WongBakery - Known as 188 Forest Road
28/5/97
88/97
2/176-184 Belmore Road
Riverwood
G & ColagiuriReal Estate Office
10/6/97
89/97
Home OccupationR & S WestHome Occupation
27/6/97
90/97
18 Colvin Avenue
Kingsgrove
M HomerosHome Occupation
24/6/97
91/97
6/21 Stanley Street
Peakhurst
D BerryScreen Printing Business
19/6/97
92/97
423-425 King Georges Road
Beverly Hills
D GruossoChange of Use
19/6/97
93/97
5/33 Stanley Street
Peakhurst
G MontgomeryTow Truck Business & Storage of Tow Trucks
13/6/97
102/97
5/33 Stanley Street
Peakhurst
B ElvyMeat Processing Plant
24/6/97
104/97
14/47 Lorraine Street
Peakhurst
Leather MasterWarehouse Fitout - Leather Care Goods
11/6/97
105/97
709 Forest Road
Peakhurst
J Monk-WestwoodAnimal Grooming Salon Within Vet Clinic
11/6/97
108/97
61 Forest Road
Hurstville
A BarkerChange of Use
10/6/97
117/97
300 Forest Road
Hurstville
Thorn AustraliaChange of Use
20/6/97
119/97
267 Forest Road
Hurstville
G SmithChange of Use
20/6/97


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.02
DEVELOPMENT & HEALTH

HEADING: Recommendation DEVELOPMENT APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY BETWEEN 1 MAY, 1997 AND 30 JUNE, 1997

. Recommendation DEVELOPMENT APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY BETWEEN 1 MAY, 1997 AND 30 JUNE, 1997


RECOMMENDATION


THAT the information be received and noted.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.05.03 136 FOREST ROAD, HURSTVILLE (File No. 008408)
APPEAL AGAINST COUNCIL'S REFUSAL OF DA248/96 FOR A BROTHEL




Notice of the above Appeal was served upon Council on 23 June 1997. The Appeal has been set down for callover before the Registrar of the Land and Environment Court on Tuesday, 15 July 1997.

Council's Solicitors, Deacon, Graham and James, have been advised of the receipt of the appeal and in concurrence with usual practice have been instructed to represent Council and defend refusal of the consent.

The subject proposal involved the use of the existing building as a brothel. The application was determined by Council at the Meeting held on 11 December 1996 by refusal of the application due to issues of parking, impact on area, public interest and proximity to church, school and residential areas.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.03
DEVELOPMENT & HEALTH

HEADING: Recommendation 136 FOREST ROAD, HURSTVILLE (File No. 008408)
APPEAL AGAINST COUNCIL'S REFUSAL OF DA248/96 FOR A BROTHEL


. Recommendation 136 FOREST ROAD, HURSTVILLE (File No. 008408)
APPEAL AGAINST COUNCIL'S REFUSAL OF DA248/96 FOR A BROTHEL



RECOMMENDATION


THAT the action taken to instruct Council's solicitors to represent Council in the Land and Environment Court and oppose the Appeal be confirmed.



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.05.04 SUITE 4, 130 FOREST ROAD, HURSTVILLE (File No. 00091)
APPEAL AGAINST COUNCIL'S REFUSAL OF DA570/95 FOR A SPORTS
THERAPY AND REMEDIAL MASSAGE CENTRE




Notice of the above Appeal was served upon Council on 23 June 1997. The Appeal has been set down for callover before the Registrar of the Land and Environment Court on Tuesday, 15 July 1997.

Council's Solicitors, Deacon, Graham and James, have been advised of the receipt of the appeal and in concurrence with usual practice have been instructed to represent Council and defend refusal of the consent.

The subject proposal involved the use of an existing building and was an application to extend a temporary approval for a sports therapy and remedial massage centre. The application was determined by Council at the Meeting held on 9 April 1997 be refusal of the application due to issues of parking, impact on area, public interest and proposed use varies from publicised use.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.04
DEVELOPMENT & HEALTH

HEADING: Recommendation SUITE 4, 130 FOREST ROAD, HURSTVILLE (File No. 00091)
APPEAL AGAINST COUNCIL'S REFUSAL OF DA570/95 FOR A SPORTS
THERAPY AND REMEDIAL MASSAGE CENTRE


. Recommendation SUITE 4, 130 FOREST ROAD, HURSTVILLE (File No. 00091)
APPEAL AGAINST COUNCIL'S REFUSAL OF DA570/95 FOR A SPORTS
THERAPY AND REMEDIAL MASSAGE CENTRE



RECOMMENDATION


THAT the action taken to instruct Council's solicitors to represent Council in the Land and Environment Court and oppose the Appeal be confirmed.



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 07 23RD JULY, 1997-




06:01 Ward Councillor's Reports

06:02 Building Applications - Hurstville Ward
06:02.01 6 The Crescent, Kingsgrove - Warehouse Additions, Basement Car Park And Offices (Report By Senior Environmental Health & Building Surveyor, Mr G Deehan)

06:03 Building Applications - Penshurst Ward
06:03.01 42 Broughton Street, Mortdale (Lot 105) - Two Storey Semi-Detached Dwelling (Report By District Health & Building Surveyor, Mr R Verrelli)

06:03.02 42 Broughton Street, Mortdale (Lot 106) - Two Storey Semi-Detached Dwelling (Report By District Health & Building Surveyor, Mr R Verrelli)

06:04 Building Applications - Peakhurst Ward
06:04.01 1065 Forest Road, Lugarno - First Floor Addition (Report By District Health & Building Surveyor, Mr G Champion)

06:04.02 116-118 Moons Avenue, Lugarno - Two Level Double Garages And Inclinator (Report By District Health & Building Surveyor, Mr G Champion)

06:05 Miscellaneous And Other Matters
06:05.01 Legal Matter - See Item 05.01 - Divisional Manager's No. 2 Report To Development, Health And Planning Committee

06:05.02 Draft Position Profile - Law Enforcement Officers For Litter Control (File C/00148) (Report By Mr B Daintry, Manager - Divisional Administration)

06:05.03 Nursing Services For Hurstville (File C/00042)

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


06.01 WARD COUNCILLOR'S REPORTS



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH
ADDENDUM


06.01.01A 87 WOODLANDS AVENUE, LUGARNO - Three Storey Dwelling (Report by Manager - Building Services, Mr G Young)


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .01.01A
DEVELOPMENT & HEALTH

HEADING: Recommendation 87 WOODLANDS AVENUE, LUGARNO - Three Storey Dwelling (Report by Manager - Building Services, Mr G Young)

. Recommendation 87 WOODLANDS AVENUE, LUGARNO - Three Storey Dwelling (Report by Manager - Building Services, Mr G Young)


RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.02 BUILDING APPLICATIONS - HURSTVILLE WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.02.01 6 THE CRESCENT, KINGSGROVE - Warehouse Additions, Basement Car Park and Offices (Report by Senior Environmental Health & Building Surveyor, Mr G Deehan)



Applicant: Duncan McKenzie & Partners Pty Ltd
Proposal: Warehouse Additions, Basement Car Park and Offices

Referred For: Consideration of Section 82 objections seeking relief
from several provisions of the Building Code of Australia

The subject site is located on the corner of The Crescent and Vanessa Street and is presently developed by way of an existing warehouse.

Building Application 227/97 proposes additional warehouse area, an underground car parking level and second storey offices over the warehouse extensions. The total size of the existing and new building, which includes the basement car park, will be 24,480 square metres in floor area and 126,700 cubic metres in volume. The area of the warehouse, production and office components is to be 17,977 square metres with a fire separated basement carparking area of 6,100 square metres.

The proposal is deficient in regards to several provisions of the Building Code of Australia (BCA). Deficiencies include:

a) The building has not been provided with a smoke exhaust system (complying with Specification E2.2(b) of the BCA) or smoke and heat vents (complying with Specification E2.2(c) of the BCA) in accordance with Clause C2.3(b) of the BCA. This statement is made on the basis that the building has a total area exceeding 18,000 square metres which, on a strict reading of the BCA, is the area criteria for a smoke exhaust system. The applicants contend, however, that the building comprises two fire compartments, neither of which exceeds 18,000 square metres and, therefore, a smoke exhaust system should not be required. Several commentaries on the BCA support this view and it is therefore not proposed to pursue this matter as a requirement needing relief from the BCA.

b) The width of the perimeter vehicular access in parts is less than 6m and the distance from the furthest edge of the perimeter vehicular access, in other parts, is greater than 18m as laid down in Clause C2.4(b) and C2.3(b) of the BCA.

c) Exit travel distances up to 48m to the nearest alternative exit are proposed in lieu of the maximum 40m laid down in Clause D1.4(c) of the BCA.

d) Hose reels are located more than 4m from exits in contravention of Clause E1.4 of the BCA.

e) Hydrant hose coverage at basement level, hydrant booster type and location of the feed hydrant do not comply with Clause E1.3 of the BCA (and AS2419.1).

f) Sprinkler booster location and sprinkler installation in the existing warehouse do not comply with Clause E1.5 of the BCA and AS2118.

In respect of Items (b) and (c), in order to obtain relief from the provisions of the BCA detailed in those items, an objection pursuant to Section 82 of the Local Government Act 1993 is required to be lodged to the Department of Local Government & Co-Operatives against the relevant provisions.

In this instance, a Section 82 objection has been lodged against the following:

- Clauses C2.4(b) and C2.3(b) - perimeter vehicular access

- Clause D1.4(c) - exit travel distance

In support of the Section 82 objections against these provisions, the following submissions have been made:-

1) a record of agreement reached with Officer Waite of the NSW Fire
Brigades,
2) an "Evacnet+" report (revision A) dated July 1997,
3) Smoke Hazard Assessment report dated July 1997,
4) a letter of application prepared by Building Surveyors Duncan McKenzie
& Partners Pty Ltd detailing the design factors which enable the
prescriptive requirements of the BCA to be varied in the particular
circumstances of this building.

Based on the above documentation, it is considered that Council should support the Section 82 objection.

With regard to Items (d), (e) and (f), Clause 44(4) of the Local Government (Approvals) Regulation, 1993 states:

"If the Council has been furnished with a report issued by the Director - General of New South Wales Fire Brigade to the effect that, in the opinion of the Director - General, a particular building should be exempted from any one or more of the requirements of Part E1 of the Building Code of Australia, the Council may, subject to any conditions that the Director - General might recommend, exempt the building from those requirements."

The above matters have been discussed with the NSW Fire Brigades and a letter confirming no objections to the departures listed in Items (d), (e) and (f) above, is being forwarded to Council.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 6 THE CRESCENT, KINGSGROVE - Warehouse Additions, Basement Car Park and Offices (Report by Senior Environmental Health & Building Surveyor, Mr G Deehan)

. Recommendation 6 THE CRESCENT, KINGSGROVE - Warehouse Additions, Basement Car Park and Offices (Report by Senior Environmental Health & Building Surveyor, Mr G Deehan)


RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.03 BUILDING APPLICATIONS - PENSHURST WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.03.01 42 BROUGHTON STREET, MORTDALE (LOT 105) - Two Storey Semi-Detached Dwelling (Report by District Health & Building Surveyor, Mr R Verrelli)


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .03.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 42 BROUGHTON STREET, MORTDALE (LOT 105) - Two Storey Semi-Detached Dwelling (Report by District Health & Building Surveyor, Mr R Verrelli)

. Recommendation 42 BROUGHTON STREET, MORTDALE (LOT 105) - Two Storey Semi-Detached Dwelling (Report by District Health & Building Surveyor, Mr R Verrelli)


RECOMMENDATION



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.03.02 42 BROUGHTON STREET, MORTDALE (LOT 106) - Two Storey Semi-Detached Dwelling (Report by District Health & Building Surveyor, Mr R Verrelli)



Applicant: Otsi Stojanovski (BA 229/97)
Proposed: Two Storey Semi-detached Dwelling
Development Area: B

Referred for: 1. Non compliance with Council's Code for Single
Dwelling Houses
2. Letters of objection from adjoining landowners

This proposed dwelling is a mirror reverse of the dwelling adjoining at Lot 105 Broughton Street (BA 228/97). The same comments apply and it is appropriate that the application be considered and determined in the same manner as the application for Lot 105 Broughton Street.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .03.02
DEVELOPMENT & HEALTH

HEADING: Recommendation 42 BROUGHTON STREET, MORTDALE (LOT 106) - Two Storey Semi-Detached Dwelling (Report by District Health & Building Surveyor, Mr R Verrelli)

. Recommendation 42 BROUGHTON STREET, MORTDALE (LOT 106) - Two Storey Semi-Detached Dwelling (Report by District Health & Building Surveyor, Mr R Verrelli)


RECOMMENDATION


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 1065 FOREST ROAD, LUGARNO - First Floor Addition (Report by District Health & Building Surveyor, Mr G Champion)



Applicant: Anew Constructions (BA 221/97)
Proposed: First Floor Addition
Development Area: A

Referred for: i) Non Compliance with Council's Code for Single Dwelling Houses
ii) Objections from adjoining landowners.

The site is located on the south eastern side of Forest Road, one (1) door south west from the corner of Kims Avenue. The land falls left to right and to the street.

It is proposed to construct a first floor addition comprising bedrooms, family room and bathroom to an existing dwelling. The existing dwelling is single storey and contains a lower level garage.

The design of the addition does not comply with Council's Code for Single Dwelling Houses in the following respect:

1. Requirement of Code: The maximum height shall be 9.0m above natural ground level measured at any point to the uppermost roof level.

Description of Non-Compliance: The maximum height of the addition has been calculated to be 9.75m above natural ground level.

The excess height occurs as the land fall is steeper at the southern end of the ridge line. Previous excavation of the site has also been undertaken for construction of the lower level garage.

The first floor addition is set back 2.6m from the rear boundary and complies with the building envelope except for eaves and gutter encroachments permitted under the Code.

The application has been notified to adjoining landowners and two (2) written
submissions have been received. The grounds of objection are:

(a) 1 Kims Ave, Lugarno

* Loss of view.
* Loss of air flow paramount to cooling of our home in
summer and detrimental to drying of clothes in winter.
* Loss of light to the rear sunroom, kitchen, bathroom and
bedroom.

Comment: An inspection of the objector's property revealed that views towards the Georges River escarpment are provided over the applicant's premises. No direct views of the river are enjoyed, however, the addition will partly restrict views of the neighbouring property towards the escarpment.

The addition will be located on the southern side of objector's property and will restrict a minimum amount of air movement enjoyed from the south as the addition is 7.33m wide. No additional loss of sunlight to the objector's premises will occur as a result of construction of the addition which is located on the southern side of the objector's premises.

(b) 3 Kims Ave, Lugarno

* Loss of privacy from windows in the eastern rear elevation.
* Loss of light to our home and yard area during winter months.

Comment: Windows in the eastern elevation serving the bathroom, bedroom and family room have been changed to highlight windows to preserve privacy to the objector's premises.

The existing windows on the ground floor already overlook the rear yard and pool area of the objector's premises and the windows proposed in the southern elevation of the addition will not exacerbate the privacy situation.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .04.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 1065 FOREST ROAD, LUGARNO - First Floor Addition (Report by District Health & Building Surveyor, Mr G Champion)

. Recommendation 1065 FOREST ROAD, LUGARNO - First Floor Addition (Report by District Health & Building Surveyor, Mr G Champion)


RECOMMENDATION



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.04.02 116-118 MOONS AVENUE, LUGARNO - Two Level Double Garages and Inclinator (Report by District Health & Building Surveyor, Mr G Champion)



Applicant: T & J Sako & P & A Newman (BA 41/97)
Proposed: Two Level Double Garages and Inclinator
Development Area: A

Referred for: i) Non compliance with Council's Code for Outbuildings.
ii) Submission from adjoining owners.

The site is located on the northern side of Moons Avenue at the end of the constructed section of public road. Landfall at the front of the site is very steep and falls towards the Georges River at the rear.

It is proposed to construct suspended reinforced concrete and brick double garages at the front of the site located over both properties and an inclinator between the garages and existing dwellings. The dwelling at 118 Moons Avenue has recently been approved by Council and is currently under construction.

The garage structure will comprise of two (2) levels with vehicular access from Moons Avenue. The lower garage will serve the premises 118 Moons Avenue and the upper garage will serve premises 116 Moons Avenue, Lugarno.

The design of the garages does not comply with Council's Code for Outbuildings in the following respects:

1. Requirement of Code: Buildings must comply with the building line which applies in the street. The adopted building line in Moons Avenue is 4.5m.

Description of Non Compliance: The garage structure will extend to within 750mm of the Moons Avenue alignment. The inclinator landing and external spiral staircase will be located at the street frontage.

Construction of a suspended garage structure at street level is the only option available to provide off street carparking for the site. Many other garage structures are also located forward of the building line in this vicinity of Moons Avenue.

2. Requirement of Code: The maximum height of an outbuilding should not exceed 3.0 metres measured from ceiling or top plate level to natural ground level.

Description of Non Compliance: The height of the garage from top plate level to natural ground will be 13.95 metres at the critical point.

The excess height occurs as the garage contains two (2) levels in the design and is suspended from the Moons Avenue street frontage towards the rear of the site.

The garage floor levels are located near and below the street level to enable satisfactory vehicle access. The steepness of the site results in the height of the garage being excessive above natural ground level.

The application has been referred to Council's Engineering Division and agreement has been reached to widen the existing driveway crossing and construct a new crossing at the approved level. Conditions have also been applied requiring a guardrail to be constructed alongside of the new driveway crossing and application being made to Council requiring installation of a "No Standing Zone" for a length of 6.0 metres in front of the widened driveway section in Moons Avenue.

Council's Tree Preservation Officer has given approval for the removal of the trees in the location of the garage structure and inclinator.

The application has been notified to adjoining landowners and two (2) written submission have been received. The grounds of concern are:

(a) 61 Moons Avenue, Lugarno

* Construction of a turning bay and extension of the existing
guardrail at the end of Moons Avenue may affect access
to our property.

Comment: Council's Engineering Division has advised that the turning bay at the end of Moons Avenue is not required to be constructed. The existing driveway crossing serving the garage at 120 Moons Avenue is to be widened to accommodate vehicular access. The existing guardrail at the end of Moons Avenue is not required to be extended and there will be no effect on the existing access to No 61 Moons Avenue.

(b) 120 Moons Avenue, Lugarno

* Safe vehicular access to the lower garage and maintenance
of safe access to our garage.

* Widening of the existing driveway crossing be carried out
to enable free access to both garages and provision of
off street parking.

* Brick underpinning of the existing rock ledge not be
disturbed for safety of our garage.

Comment: Council's Engineering Division advise that the existing driveway crossing serving 120 Moons Avenue is to be widened to enable safe unobstructed access to both garages. The architectural plans have now been amended to indicate this requirement.

Underpinning of the existing rock ledge at the front of the garage at 120 Moons Avenue is not required as this ledge is not to be disturbed for construction of the garage structure.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .04.02
DEVELOPMENT & HEALTH

HEADING: Recommendation 116-118 MOONS AVENUE, LUGARNO - Two Level Double Garages and Inclinator (Report by District Health & Building Surveyor, Mr G Champion)

. Recommendation 116-118 MOONS AVENUE, LUGARNO - Two Level Double Garages and Inclinator (Report by District Health & Building Surveyor, Mr G Champion)


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 LEGAL MATTER - SEE ITEM 05.01 - DIVISIONAL MANAGER'S NO. 2 REPORT TO DEVELOPMENT, HEALTH AND PLANNING COMMITTEE



In accordance with the provisions of Section 10(2) of the Local Government Act, 1993 IT IS RECOMMENDED that the Committee resolve under the terms of Section 10(2) of the Local Government Act, 1993 that for the reason that the matter relates to a legal matter where Council's interests may be prejudiced by publicity, the press and the public be excluded from that part of the Development, Health & Planning Committee Meeting at which this matter is considered. That in accordance with the provisions of Section 11(2) of the Local Government Act, 1993, the reports and correspondence relating to this matter be withheld from the press and the public.

IT IS FURTHER RECOMMENDED that the matter be referred to the Council for consideration in Committee of the Whole.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.05.02 DRAFT POSITION PROFILE - LAW ENFORCEMENT OFFICERS FOR LITTER CONTROL (File C/00148) (Report by Mr B Daintry, Manager - Divisional Administration)



At Council's meeting held on 11th June, 1997, it was resolved:

In accordance with that resolution and in accordance with the draft submitted to Council's Safety and Anti-Litter Committee, the following profile is submitted for Council's consideration.
HURSTVILLE CITY COUNCIL

DEVELOPMENT AND HEALTH

DRAFT JOB DESCRIPTION


POSITION NAME: TEMPORARY LAW ENFORCEMENT OFFICER

GRADING: < TO BE DETERMINED >

RESPONSIBLE TO: MANAGER - DIVISIONAL ADMINISTRATION
DEVELOPMENT & HEALTH

OBJECTIVES:

The objectives of the position of Law Enforcement Officer are to:

* Provide a local government law enforcement service in the City which enforces the provisions of local government and environmental laws, Council's adopted policies and codes in a just and equitable manner.

* Establish and maintain the highest standard of relations with the community at large and promote the service as a helpful and courteous service to residents and business people.

FUNCTIONS AND RESPONSIBILITIES:

(1) Broad Functions
1.1 To enforce the provisions of local government and environmental laws, Council's adopted policies and codes in a just and equitable manner and report any breach to the Manager - Divisional Administration or Police Patrol Commanders as appropriate.
1.2 Develop and maintain a close relationship with local police.
1.3 To present evidence to Court in any legal actions instructed by Council.
1.4 To ensure the security of Council property assets.
1.5 To report any matter affecting Council's risk management, public liability, insurance claims immediately to the Manager - Divisional Administration or responsible line managers of Council.
1.6 Through a programme of regular surveillance and pro-active attention, ensure the regular policing of the following specific duties.

(2) Specific Functions
2.1 Enforcement of Council's Commercial Use of Public Footways Code.
2.2 Enforcement of littering laws.
2.3 Prepare statements of evidence, information and summons.
2.4 Lay information with the approval of the Divisional Manager
2.5 Represent Council in legal proceedings at Court when required.
2.6 Patrol and warn offenders in public places.
2.7 Maintain a presence within business zones at those times identified as being periods in which anti-social behaviour is known to be prevalent to deal with matters within Council's jurisdiction and reporting all other matters immediately to appropriate NSW Police Patrol Commanders.
2.8 Any additional duties as directed by the Manager - Divisional Administration.

3. Conditions of Employment (in part)
3.1 Seven day 38 hour week roster cycle.
3.2 Adherence to Council's Code of Conduct.
3.3 Alteration to commencing and finishing times as is appropriate and
reasonable to facilitate work flow.
3.4 Satisfy police requirements to be sworn in as a Special Constable.
3.5 Wear uniform as supplied by Council

4. Skills Required
4.1 Interviewing complainants and alleged offenders to determine facts.
4.2 Conflict resolution.
4.3 Provide information, advice and assistance to the public.
4.4 Present evidence in Court.
4.5 Write letters and reports.
4.6 Persuade and convince people regarding Council's policies and procedures.
4.7 Customer service.
4.8 Assess information and recommend action.
4.9 Interpret Regulations, Acts and Ordinances.
4.10 Observe and inspect breaches of regulations.
4.11 Issue infringement notices to offenders breaching laws within Council's jurisdiction.

5. Knowledge Required
5.1 Council procedures.
5.2 Local Government Act and Ordinances.
5.3 Legal Procedures.
5.4 Council Policy and Codes.
5.5 Clean Waters Act.
5.6 Counselling techniques.
5.7 Local geography.
5.8 Safe working practices.
5.9 First aid.
5.10 Environmental Offences and Penalties Act.
5.11 Vehicle Laws - Impounding Act, Regulations and Procedures.

6. Training Required
6.1 Ordinance Inspector Training Modules 1-3 ITC.
6.2 Customer service skills training.
6.3 Communication skills.
6.4 Effective report writing.
6.5 Police Academy Law Enforcement Officers Course (Goulburn).
6.6 First Aid (Senior) Certificate.
6.7 Noise Control Certificate (School of Applied Science) TAFE.

7. Performance Standards
7.1 All Action Requests to be dealt with within three (3) days from date of receipt, including reply (in writing or by phone) to the complainant.
7.2 All correspondence to be dealt with within three (3) days from the date of receipt.
7.3 Number of complaints against individual officers to be minimal.
7.4 All investigations and inspections shall be recorded in a personal diary each day and a work report shall be submitted at the end of each month.
7.5 Regular patrol of Council's area. Weekly kilometre usage to be recorded.
7.6 Number of Parking infringement notices issued.
7.7 Number of General infringement notices issued.
7.8 Minimal errors in advice or output when compared to throughput.
7.9 Compliments received from clients/residents/ratepayers.

Note: The original draft was prepared for a meeting of Hurstville City Council's Safety & Anti-Litter Committee on 22nd May, 1997. This is the second draft prepared in accordance with resolution 179 of Council's meeting on 11th June, 1997. The duties are limited to a narrow range of functions specific to safety and anti-litter duties.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.02
DEVELOPMENT & HEALTH

HEADING: Recommendation DRAFT POSITION PROFILE - LAW ENFORCEMENT OFFICERS FOR LITTER CONTROL (File C/00148) (Report by Mr B Daintry, Manager - Divisional Administration)

. Recommendation DRAFT POSITION PROFILE - LAW ENFORCEMENT OFFICERS FOR LITTER CONTROL (File C/00148) (Report by Mr B Daintry, Manager - Divisional Administration)


RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.05.03 NURSING SERVICES FOR HURSTVILLE (File C/00042)


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.03
DEVELOPMENT & HEALTH

HEADING: Recommendation NURSING SERVICES FOR HURSTVILLE (File C/00042)

. Recommendation NURSING SERVICES FOR HURSTVILLE (File C/00042)


RECOMMENDATION