WLPP REPORT - DA-2017/389 - 24 GOODCHAP ROAD, CHATSWOOD Reference: DA-2017/389 Page 1 DA NO: DA-2017/389 ADDRESS: 24 GOODCHAP ROAD, CHATSWOOD NSW 2067. PROPOSAL: ALTERATIONS AND ADDITIONS TO EXISTING BOARDING HOUSE INCLUDING ADDITIONAL 10 ROOMS AND 2 CAR PARKING SPACES AND ASSOCIATED WORKS. RECOMMENDATION: APPROVAL ATTACHMENTS: 1. SCHEDULE OF CONDITIONS 2. SITE DESCRIPTION AND AERIAL PHOTO 3. DEVELOPMENT CONTROLS, STATISTICS, DEVELOPER CONTRIBUTION & REFERRALS 4. SUBMISSIONS TABLE 5. SECTION 4.15 (79C) ASSESSMENT 6. NOTIFICATION MAP 7. ARCHITECTURAL PLANS RESPONSIBLE OFFICER: RITU SHANKAR (TEAM LEADER) AUTHOR: SUSANA MACHUCA - DEVELOPMENT ASSESSMENT OFFICER CONSULTANT MEETING DATE 29 May 2018 1. PURPOSE OF REPORT The purpose of this report is to seek determination by Willoughby Local Planning Panel (WLPP) of Development Application DA-2017/389 for alterations and additions to an existing boarding house including an additional 10 rooms and 2 car parking spaces and associated works at 24 Goodchap Road, CHATSWOOD. The application is required to be referred to the WLPP for determination because there are more than 10 objections. 2. OFFICER’S RECOMMENDATION THAT the Willoughby Local Planning Panel: 2.1 Approve Development Application DA-2017/389 for Alterations and additions to an existing boarding house including an additional 10 rooms and 2 car parking spaces and associated works at 24 Goodchap Road, Chatswood, subject to conditions contained in Attachment 1, for the following reasons: 2.1.1 The proposed boarding house is consistent with the AHSEPP 2009 standards, it is in R2 Low density residential zoning, within an accessible area and the density and scale of the development is compliant with the relevant development controls of WLEP 2012. 2.1.2 The proposal is consistent with the aim of increasing the supply and diversity of rental and low cost housing in the Chatswood area.
PROPOSAL: ALTERATIONS AND ADDITIONS TO EXISTING BOARDING HOUSE INCLUDING ADDITIONAL 10 ROOMS AND 2 CAR PARKING SPACES AND ASSOCIATED WORKS.
RECOMMENDATION: APPROVAL
ATTACHMENTS: 1. SCHEDULE OF CONDITIONS
2. SITE DESCRIPTION AND AERIAL PHOTO
3. DEVELOPMENT CONTROLS, STATISTICS, DEVELOPER CONTRIBUTION & REFERRALS
4. SUBMISSIONS TABLE
5. SECTION 4.15 (79C) ASSESSMENT
6. NOTIFICATION MAP
7. ARCHITECTURAL PLANS
RESPONSIBLE OFFICER: RITU SHANKAR (TEAM LEADER)
AUTHOR: SUSANA MACHUCA - DEVELOPMENT ASSESSMENT OFFICER CONSULTANT
MEETING DATE 29 May 2018
1. PURPOSE OF REPORT The purpose of this report is to seek determination by Willoughby Local Planning Panel (WLPP) of Development Application DA-2017/389 for alterations and additions to an existing boarding house including an additional 10 rooms and 2 car parking spaces and associated works at 24 Goodchap Road, CHATSWOOD. The application is required to be referred to the WLPP for determination because there are more than 10 objections. 2. OFFICER’S RECOMMENDATION THAT the Willoughby Local Planning Panel:
2.1 Approve Development Application DA-2017/389 for Alterations and additions to an existing boarding house including an additional 10 rooms and 2 car parking spaces and associated works at 24 Goodchap Road, Chatswood, subject to conditions contained in Attachment 1, for the following reasons:
2.1.1 The proposed boarding house is consistent with the AHSEPP 2009
standards, it is in R2 Low density residential zoning, within an accessible area and the density and scale of the development is compliant with the relevant development controls of WLEP 2012.
2.1.2 The proposal is consistent with the aim of increasing the supply and
diversity of rental and low cost housing in the Chatswood area.
2.1.3 The proposed additions to the boarding house building will be visually subordinate to the Local Heritage Item as viewed from Goodchap Road frontage. The architectural design utilises roof forms, massing, roof heights and materials consistent and in keeping with the Local Heritage Item.
2.1.4 The proposal is consistent with the objectives of the R2 – Low Density
Residential zone under WLEP 2012 and is compatible with the existing residential development in the locality.
2.1.5 The proposal will not have significant impacts on the existing
streetscape character or residential amenity of the adjoining properties.
2.1.6 Amendments to the proposal result in overall amenities in terms of boarding room floor areas, connectivity, landscaping, open spaces, security, parking and traffic design requirements.
2.1.7 The proposal will have exclusive vehicle and pedestrian entry from
Goodchap Road and minimise traffic impacts in Ivy Street. 3. BACKGROUND The site is located on the western side of Goodchap Road and is zoned R2 Low Density Residential. It is identified as a Local Heritage Item under WLEP 2012. Council records indicate the residence has been used as a boarding house since late 1960’s / early 1970s. A description of the site and surrounding area, including an aerial photograph is contained in Attachment 2. 4. DISCUSSION The development application is for alterations and additions to the existing eleven (11) room boarding house in three split levels including an additional ten (10) boarding rooms with communal areas, 2 additional car parking spaces, 2 motorcycle and 2 bicycle spaces, landscaping and associated works. A previous concept was considered for the site under DA 2016/502 which was withdrawn on March 27, 2017. The current proposal provides a better solution and addresses the main issues raised in the previous application. No objections to the proposal were raised by Council’s Development Control Engineer, Traffic Engineer, Heritage Architect, Landscape Architect and Building Surveyor. Appropriate engineering, heritage, landscaping, environmental and building conditions are included in the Schedule of Conditions (Attachment 1). The development statistics for the proposal relative to the controls that apply to the subject land are provided in Attachment 3. No variations are sought. The development application was notified to neighbouring properties from 17 October 2017 to 6 November 2017. A total of twelve (12) objection submissions were received by Council. The submissions objecting to the proposal raise a number of concerns, including the negative social behaviour associated with the existing boarding house, noise, security, scale, bulk, overshadowing, overlooking, loss of residential streetscape and existing heritage value, and added impact on the local street parking. The majority of submissions opposed the development proposal on the basis of the cumulative impact of development stating that the
local residents in the Chatswood area are already overcrowded, particularly with regard to the number of boarding houses, traffic and street parking. A table of the issues raised in the submissions objecting to the proposal and the Assessing Officer’s response is contained in Attachment 4. A detailed assessment of the proposal under the heads of consideration of Section 4.15 (s79C) of the Environmental Planning and Assessment Act is provided in Attachment 5. 5. CONCLUSION It is considered that the proposal has been designed having regard to the planning controls that apply to the site and to the constraints of the site. The proposed new wing reduces the overall bulk and scale in line with the topography of the site and falls well below the existing heritage building height. The proposal has sufficiently large setbacks and landscaping/open space areas to the secondary street frontage on Ivy Street to be consistent with the existing street pattern and will be subordinate to the significant elements of the local heritage item as viewed from Goodchap Road. The proposal adopts the form of a traditional two (2) storey dwelling house to the Ivy Street frontage without vehicle entry in order to increase the general amenity of the streetscape and residential character of Ivy Street. The proposal is not considered to be an overdevelopment of the site. The Development Application DA-2017/389 has been assessed in accordance with Section 4.15 (79C) of the Environmental Planning and Assessment Act 1979, AHSEPP, WLEP 2012, WDCP, and other relevant codes and policies. It is considered that the proposal is acceptable in the particular location and will have a reasonable amenity impact on neighbouring properties and the public domain, subject to the consent conditions included in Attachment 1.
CONDITIONS OF CONSENT: (including reasons for such conditions) CONSENT IDENTIFICATION The following condition provides information on what forms part of the Consent. 1. Approved Plan/Details
The development must be in accordance with the following consent plans electronically stamped by Council:
Type Plan No. Revision/ Issue No
Plan Date (as Amended)
Prepared by
Existing Ground Floor Modifications DA 0.0.4/B B 30/4/2018
AC Project Group
Existing First Floor Plan DA 0.0.5/A A 24/8/2017
Site Plan DA 0.0.9/A B 30/4/2018
New Lower Ground Floor Plan DA 0.1.2/A
A 24/8/2017
New Ground Floor Plan DA 0.1.3/A
New Attic Floor Plan DA 0.1.4/A
North Elevation DA 1.0.1/A
South Elevation DA 1.0.2/A
East Elevation DA 1.0.3/A
West Elevation DA 1.0.4/A
Section 1-1 DA 2.0.1/A
Section 2-2 DA 2.0.2/A
Section 3-3 DA 2.0.3/A
Section A-A DA 2.0.4/A
Material Schedule DA 3.0.1/A
Erosion and Sediment Control Plan DA 4.0.2/A
Proposed Landscape Plan L/01 B 19/9/2017 A Total Concept
Storm Water Management Plans – General Notes
C1
D 21/9/2017 ACOR Consultants
Storm Water Management Plan C3
Storm Water Management Details 1 C4
Storm Water Management Details 2 C5
the application form and any other supporting documentation submitted as part of the application, except for: (a) any modifications which are “Exempt Development” as defined under S.4.1(1) of the Environmental Planning and Assessment Act 1979;
(b) otherwise provided by the conditions of this consent. (Reason: Information and ensure compliance)
PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE The following conditions of consent must be complied with prior to the issue of a construction certificate. 2. Fixed Development Consent Levies
Prior to the issue of the Construction Certificate, a monetary contribution of $13,509.50 (subject to indexing as outlined below) is to be paid in accordance with Section 7.12 of the Environmental Planning and Assessment Act, 1979.
This contribution is based on 1% of the estimated development cost of $1,350,950.00 at 10 October 2017 and the adopted Section 94A Contributions Plan.
To calculate the monetary contribution that is payable, the proposed cost of development is to be indexed to reflect quantity variations in the Consumer Price Index, All Groups, Sydney, as published by the Australian Bureau of Statistics (ABS) between the date the proposed cost of development was agreed by the Council and the date the levy is to be paid as required by this Plan. To calculate the indexed levy, the formula used to determine the cash contribution is set out below. IDC = ODC x CP2/CP1 Where: IDC = the indexed development contribution payable ODC = the original development contribution determined by the Council as a percentage of the cost as set down in this contributions plan CP2 = the quarterly Consumer Price Index, All Groups, Sydney, as published by the Australian Bureau of Statistics (ABS) immediately prior to the date of payment CP1 = the quarterly Consumer Price Index, All Groups, Sydney as published by the ABS immediately prior to the date of imposition of the condition requiring payment of the contribution. Prior to payment Council can provide the value of the indexed levy. Copies of the S94A Contributions Plan are available for inspection online at www.willoughby.nsw.gov.au (Reason: Statutory requirement)
3. Fire Safety Upgrade of Building
Pursuant to Clause 94 of the Environmental Planning and Assessment Regulation 2000 the separating wall dividing the class 1 dwellings for both the new and existing portions is to be upgraded and/or constructed to meet the Performance Requirements OF P2.3.1 from the National Construction Code Housing Provisions. Details of compliance must be shown on the Construction Certificate Plans. (Reason: Fire and occupant safety)
Prior to the issue of the Construction Certificate, the applicant shall lodge a Damage Deposit of $30,000 (GST Exempt) as cash, cheque or an unconditional bank guarantee, to Council against possible damage to Council’s asset during the course of the building works. The deposit will be refundable subject to inspection by Council after the completion of all works relating to the proposed development. For the purpose of inspections carried out by Council Engineers, an inspection fee of $400 (GST Exempt) is payable to Council. Any damages identified by Council shall be restored by the applicant prior to release of the Damage Deposit. (Reason: Protection of public asset)
5. Stormwater Conveyed to Street Drainage
Stormwater runoff from the site shall be collected and conveyed to the street drainage system in accordance with Council’s specifications. Any new drainage pipe connections to street kerb shall be made using a 125mm x 75mm x 4mm thick galvanised Rectangular Hollow Section (RHS) with a grated drainage pit (min. 600mm x 600mm) provided within the property and adjacent to the boundary prior to discharging to the Council’s drainage system. All drainage works shall comply with the requirements described in Part C.5 of Council’s DCP and Technical Standards. In this regard, full design and construction details showing the method of disposal of surface and roof water from the site shall be shown on the Construction Certificate plans. (Reason: Stormwater control)
6. Detailed Stormwater Management Plan (SWMP)
Prior to the issue of the Construction Certificate, submit to the Certifying Authority for approval, detailed stormwater management plans in relation to the on-site stormwater management and disposal system for the development. The construction drawings and specifications shall be prepared by a suitably qualified and experienced civil engineer and in accordance with the stormwater management plans, prepared by ACOR GO160838 drawing number C1 to C6 revison F dated november 2016,. All drawings shall comply with Part C.5 of Council’s Development Control Plan and Technical Standards, AS3500.3 – Plumbing and Drainage Code and National Construction Code. (Reason: Ensure compliance)
7. Construction Management Plan (CMP)
Prior to the issue of the Construction Certificate, submit, for approval by the Certifying Authority, detailed Construction Management Plan (CMP). The CMP shall address: (a) Construction vehicles access to and egress from the site (b) Parking for construction vehicles (c) Locations of site office, accommodation and the storage of major materials
related to the project (d) Protection of adjoining properties, pedestrians, vehicles and public assets (e) Location and extent of proposed builder’s hoarding and Work Zones (f) Tree protection management measures for all protected and retained trees.
One Accessible residential unit for disabled persons is to be provided. The accessible unit is to be nominated on the Construction Certificate drawings and is to be provided with disabled car space where required under the Willoughby Development Control Plan Part C.6 – Access, Mobility and Adaptability. (Reason: Amenity)
9. Amended Architectural Drawings - Privacy Highlight Windows Prior to the issue of the Construction Certificate, the architectural plans and elevations, schedules and specifications must be amended to include translucent glazing up to 1.6m above finished floor level to the ground floor and attic level windows on the east and west elevations as follows: a) Ground Floor West Elevation: Kitchen, Room 4, Shared Bathroom and Room 5;
b) Attic Floor Level West Elevation: Room 9 plus Room 9 Ensuite;
c) Attic Floor Level West Elevation: Room 10 plus Room 10 Ensuite and any
feature window and/or stair element that has the potential of overlooking.
The Architectural plans and elevations amended in accordance with this condition of consent are to be provided to the Principal Certifying Authority for approval prior to the issue of a construction certificate. (Reason: Privacy, amenity)
10. Motor Cycle Parking
One motorcycle parking space per 5 boarding rooms or part thereof must be provided for motor cycle parking. Five (5) motorcycle spaces are to be provided. These spaces are to have an area of 1.2 metres x 3 metres. The Site plan must be amended to include all parking facilities in accordance with this condition of consent and is to be provided to the Principal Certifying Authority for approval prior to issue of a construction certificate. (Reason: Compliance, Amenity)
11. Provision of Bicycle Racks
One bicycle parking space per 5 boarding rooms or part thereof must be provided for bicycle parking. Five (5) bike racks are to be provided for the use of cyclists. The Site plan must be amended to include all parking facilities in accordance with this condition of consent and is to be provided to the Principal Certifying Authority for approval prior to issue of a construction certificate. (Reason: Compliance, Amenity)
12. Internal Noise Levels Residential
To minimise the noise intrusion from any external noise source, the building shall be designed and constructed to comply with the following criteria with windows and doors closed:
1. The above criteria does not apply to kitchens, bathrooms, laundries, foyers,
hallways, balconies or outdoor areas. 2. The above criteria define the minimum acceptable levels. Buildings may be
built to a better than average standard by applying more stringent criteria. Certification from an appropriately qualified acoustic consultant that the building has been designed to meet this criteria shall be submitted to the Certifying Authority prior to issue of the Construction Certificate. (Reason: Amenity, environmental compliance and health)
13. Building Ventilation
To ensure that adequate provision is made for ventilation of the building, mechanical and/or natural ventilation shall be provided. These shall be designed in accordance with the provisions of: (a) The National Construction Code:
(i) AS1668.1, AS1668.2 and AS3666.1 as applicable; and/or
(ii) Alterative solution using an appropriate assessment method
Details of all mechanical ventilation and exhaust systems, and certification provided by an appropriately qualified person verifying compliance with these requirements, shall be submitted to the Certifying Authority prior to the issue of the Construction Certificate. (Reason: Health and compliance)
14. Hazardous Building Material Assessment
A hazardous building material assessment shall be undertaken by an appropriate qualified person and is to be submitted to the Certifying Authority for approval prior to the issue of the Construction Certificate. The assessment shall identify any likely hazardous materials within any structure to be demolished and provide procedures on how to handle and dispose of such materials. (Reason: Environmental protection/public health and safety)
15. Noise Mechanical Services
To minimise the impact of noise onto residential receivers, all mechanical services shall be designed and installed to ensure ambient noise levels are maintained. Details of the proposed equipment, siting and any attenuation required shall accompany the application for Construction Certificate. (Reason: Amenity, environmental compliance and health)
Prior to issue of the Construction Certificate, a detailed Traffic Management Plan shall be prepared for pedestrian and traffic management and be submitted to the relevant road authority for approval. The plan shall: -
(a) Be prepared by a RMS accredited consultant.
(b) Be in accordance with the current version of AS1742.3 and its associated
handbook; and the RMS’s Traffic Control at work site manual.
(c) Implement a public information campaign to inform any road changes well in advance of each change. The campaign shall be approved by the Traffic Committee.
(d) Nominate a contact person who is to have authority without reference to other persons to comply with instructions issued by Council’s Traffic Engineer or the Police.
(e) Confine temporary road closures to weekends and off-peak hour times and shall be the subject of approval from Council. Prior to implementation of any road closure during construction, Council shall be advised of these changes and a Traffic Control Plan shall be submitted to Council for approval. This Plan shall include times and dates of changes, measures, signage, road markings and any temporary traffic control measures.
(Reason: Public safety and amenity)
PRIOR TO COMMENCEMENT
The following conditions of consent have been imposed to ensure that the administration and amenities relating to the proposed development comply with all relevant requirements. All of these conditions are to be complied with prior to the commencement of any works on site. 17. Waste Management Plan
A Construction and Demolition Waste Management Plan which provides details of specific strategies to salvage and recycle a minimum of 85% of used and unused demolition and construction materials shall be submitted to the Certifying Authority prior to commencement of work. (Reason: Environment protection/waste reduction)
18. Licensee Details
The name, address and contractor licence number of the licensee who has contracted to carry out the work or the name and permit number of the owner-builder who intends to carry out the work shall be furnished in writing to the Certifying Authority prior to commencement of work. N.B. Should changes be made for the carrying out of the work the Certifying Authority must be immediately informed. (Reason: Information)
Submit a dilapidation report including photographic record of Council’s property extending to a distance of 100m from the development, including both sides of Ivy Street and Goodchap Road, Chatswood detailing the physical condition of items such as, but not exclusively to, the footpath, roadway, nature strip, and any retaining walls. The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded under the requirements of this condition prior to the commencement of works. In this regard, the damage deposit lodged by the applicant may be used by Council to repair such damage on Council’s property. This dilapidation report shall be submitted to Council and the Certifying Authority prior to commencement of work. (Reason: Protection of Council’s infrastructure)
20. Dilapidation Report of Adjoining Properties
Prior to commencement of work, submit a photographic survey and report of the adjoining properties 1 Ivy Street and 22 Goodchap Road, Chatswood, to the Certifying Authority and all owners of these adjoining properties. Such photographic survey and report shall be prepared by a suitably qualified person, detailing the physical condition of these properties, both internal and external including items as walls, ceilings, roof, structural members and other items as necessary. In the event of a property owner refusing to allow access to carry out the photographic survey, the proponent must demonstrate in writing to the Certifying Authority, and provide a copy to Council, that the purpose of the survey was made clear to the property owner and that reasonable attempts to obtain access were made. (Reason: Protection of adjoining owners)
21. Permits and Approvals Required
Application is to be made to Council's Infrastructure Services Division for the following approvals and permits as appropriate:- (a) Permit to erect Builder's hoarding where buildings are to be erected or
demolished within 3.50m of the street alignment. Applications are to include current fees and are to be received at least 21 days before commencement of the construction.
(b) Permit to stand mobile cranes and/or other major plant on public roads. Applications are to include current fees and security deposits and are to be received at least seven days before the proposed use. It should be noted that the issue of such permits may also involve approval from the NSW Police Force and the RTA. A separate written application to work outside normal hours must be submitted for approval. It should also be noted that, in some cases, the above Permits may be refused and temporary road closures required instead which may lead to longer delays due to statutory advertisement requirements.
(c) Permit to open public roads, including footpaths, nature strip, vehicular crossing or for any purpose whatsoever. All applications are to include current fees.
(d) Permit to place skip/waste bin on footpath and/or nature strip. (Maximum three (3) days).
(e) Permit to work and/or place building materials on footpath and/or nature strip. (Maximum two (2) weeks).
(f) Permit to establish Works Zone on Public Roads adjacent to the Development including use of footpath area. Applications must be received by Council at least twenty-one days prior to the zone being required. The application will then be referred to the Council's Local Traffic Committee for approval, which may include special conditions.
(g) Permit to construct vehicular crossings over Council’s footpath, road or nature strip.
The public footway must not be obstructed at any time unless written approval has been granted by Council. Council’s footpath and footway shall be maintained in a safe condition for pedestrians and the general public at all times. (Reason: Legal requirements)
22. Application for Vehicle crossing
Submit an application with fees to Council for the construction of a plain concrete vehicular crossing. (Reason: Protection of public asset)
23. Project Arborist
(a) A Project Arborist is to be appointed prior to commencement of works on site.
(b) The Project Arborist is to have a minimum qualification AQF Level 5. (c) The Project Arborist is to oversee and authorise all tree protection works
detailed in the Arboricultural Impact Assessment dated November 30th 2016 prepared by Tree repairs and relevant conditions of consent.
(d) The Project Arborist is to certify (i) that all tree protection measures have been installed prior to
commencement of works and (ii) that all tree protection measures and remediation works have
been complied with prior to issue an Occupation Certificate.
The following conditions are to be complied with throughout the course of site works including demolition, excavation and construction. 24. Hours of Work
All construction/demolition work relating to this Development Consent within the City, unless varied by an Out of Hours Work Permit, must be carried out only between the
hours of 7 am to 5 pm Mondays to Fridays and 7 am to 12 noon on Saturdays. No work is permitted on Sundays or Public Holidays. An application for an Out of Hours Work Permit to allow variation to these approved hours must be lodged with Council at least 48 hours prior to the proposed commencement of the work. The application must include a statement regarding the reasons for the variation sought, the type of work/s to be carried out, the additional time required, the anticipated impact upon the local amenity and how this will be minimized, and must be accompanied by the required fee. One (1) permit is required for each variation to the approved working hours within any 24 hour period. If a variation to these approved hours for multiple or extended periods is sought, an application under Section 4.55 of the Environmental Planning and Assessment Act 1979 must be lodged with Council at least twenty-one (21) days in advance of the proposed changes to the hours of work. The application must include a statement regarding the reasons for the variation sought, the type of work/s to be carried out, the additional time required, the anticipated impact upon the local amenity and how this will be minimized, and be accompanied by the required fee. Note: This Section 4.55 application may require re-notification in some circumstances. (Reason: Ensure compliance and amenity)
25. Construction Information Sign
A clearly visible all weather sign is required to be erected in a prominent position on the site detailing: (a) that unauthorised entry to the work site is prohibited; (b) the excavator’s and / or the demolisher’s and / or the builder's name; (c) contact phone number/after-hours emergency number; (d) licence number; (e) approved hours of site work; and (f) name, address and contact phone number of the Certifying Authority (if other
than Council) ANY SUCH SIGN IS TO BE REMOVED WHEN THE WORK HAS BEEN COMPLETED. Council may allow exceptions where normal use of the building/s concerned will continue with ongoing occupation, or the works approved are contained wholly within the building. (Reason: Ensure compliance)
26. Building Site Fencing
Public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied. A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5m). Temporary fences are to have a minimum height of 1.8m and be constructed of cyclone wire or similar with fabric attached to the inside of the fence to provide dust control. Fences are to be structurally adequate and be constructed in a good and workmanlike manner and the use of poor quality materials or steel reinforcement
mesh as fencing is not permissible. All parts of the fence, including the fencing blocks shall be located wholly within the property boundaries. The public safety provisions and temporary fences must be in place and be maintained throughout construction. (Reason: Safety)
27. Provide Erosion and Sediment Control
Erosion and sediment control devices shall be provided wholly within the site whilst work is being carried out in order to prevent sediment and silt from site works (including demolition and/or excavation) being conveyed by stormwater into Council’s stormwater system natural watercourses, bushland and neighbouring properties. In this regard, all stormwater discharge from the site shall meet the requirements of the Protection of Environment Operations Act 1997 and the Department of Environment, Climate Change and Water guidelines. The control devices are to be maintained in a serviceable condition AT ALL TIMES. (Reason: Environmental protection)
28. Demolition Work AS 2601-2001
Any demolition must be carried out in accordance with AS 2601 – 2001, The demolition of structures. (Reason: Safety)
29. Asbestos Sign to be Erected
On sites involving demolition or alterations and additions to building where asbestos cement is being repaired, removed or disposed of a standard commercially manufactured sign not less than 400mm x 300mm containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” is to be erected in a prominent visible position on the site. The sign is to be erected prior to the commencement of works and is to remain in place until such time as all asbestos cement has been removed from the site to an approved waste facility. (Reason: Public Health and safety/Ensure compliance)
30. Neighbour Notification of Asbestos Removal
The applicant/builder is to notify the adjoining residents five working days prior to demolition works involving removal of asbestos. Such notification is to be clearly written, giving the date work will commence, Work Cover NSW phone number 131 050, Councils phone number 9777 1000. This notification is to be placed in the letterbox of every property (including every residential flat or unit) either side and immediately at the rear of the site. (Reason: Public health)
31. Survey Certificate
Certification of the following shall be submitted to the Certifying Authority by a registered surveyor:
(a) At completion indicating the relation of the building and any projections to the boundaries, and that the building has been erected to the levels approved in the Development Application.
Temporary toilet facilities shall be provided to the satisfaction of the Certifying Authority. The provision of toilet facilities must be completed before any other work is commenced on site. NOTE: Portable toilet facilities are not permitted to be placed on public areas without prior approval having been obtained from Council. (Reason: Health and amenity)
33. Suitable Footpath Crossing Provided
Adequate provision is to be made to ensure that a suitable footpath crossing is provided to the site so as to allow safe pedestrian access along the footpath area at all times. (Reason: Protection of public safety)
34. Access to Site
During Demolition, Excavation and Construction, access to the site is to be available in all weather conditions, and stabilised to prevent vehicles tracking soil materials onto public roads. (Reason: Environmental protection)
35. Road and Footpath
Council's footpath, nature strip or roadway shall not be damaged and shall be kept clear at all times. The public footway must not be obstructed at any time unless written approval has been granted by Council and the footway including any footpath shall be maintained in a safe condition for pedestrians and the general public at all times. (Reason: Maintain public safety)
36. No Storage on Foot/Roadway
Building materials, plant and equipment and builder’s waste, are not to be placed or stored at any time on Council’s footpath, nature strip or roadway adjacent to building sites unless prior written approval has been granted by Council. (Reason: Safety)
37. Skips and Bins
Rubbish skips or bins are not to be placed on Council’s footpath, nature strip or roadway unless prior written approval has been granted by Council. (Reason: Safety)
All excavations and backfilling associated with the erection or demolition of a building must be executed safely, and must be properly guarded and protected to prevent them from being dangerous to life or property. (Reason: Safety)
39. Sweep & Clean Pavement
Sweep and clean pavement surface adjacent to the ingress and egress points of earth, mud and other materials at all times and in particular at the end of each working day or as directed by Council. (Reason: Legal requirement)
40. Public Tree Protection
Unless identified by the development consent, no tree roots over 50mm diameter are to be damaged or cut and all structures are to be bridged over such roots. Should any problems arise with regard to the existing or proposed trees on public land during the construction or bond period, the applicant is to immediately Contact Council’s Open Space section and resolve the matter to Council’s satisfaction. (Reason: Tree management)
41. Existing Landscaped Gardens
The existing gardens and landscaped areas are to be retained and protected from any construction damage. All areas adjacent to the approved building works are to be reinstated to have the same character and style. The existing, soft landscaped areas are not to be substituted for paving, unless shown in the approved plans. (Reason: Landscape protection)
42. Storage of Materials on Council Land Prohibited
The dumping or storage of building materials, spoil, vegetation, green waste, or any other material in the Council reserve is prohibited. (Reason: Safety, environmental protection)
43. Tree Trunk, Branch and Root Protection
(a) Retain and protect the following trees and vegetation throughout the demolition and construction period: All trees not indicated for removal on the approved plans unless exempt under relevant planning instruments or legislation.
(b) The above trees must be clearly marked and protection devices in place to prevent soil compaction and machinery damage.
(c) Tree protection measures must comply with Arboricultural Impact Assessment dated November 30th 2016 prepared by Treerepairs and AS 4970-2009 Protection of trees on development sites with particular reference to Section 4 Tree Protection Measures.
(d) Tree protection measures in accordance with iii) above are to be certified by the Project Arborist prior to commencement of works.
(e) Tree roots greater than 50mm diameter are not to be removed unless approved by The Project Arborist on site.
(f) All structures are to bridge roots unless directed by The Project Arborist on site.
(Reason: Tree management) 44. Waste Classification – Excavation Materials
All materials excavated and removed from the site (fill or natural) shall be classified in accordance with the Environment Protection Authority (EPA) Waste Classification Guidelines prior to being disposed of to a NSW approved landfill or to a recipient site. (Reason: Environment and health protection)
45. Hazardous Materials – Clearance Certificate
Following completion of the removal of any identified hazardous material associated with demolition works, a clearance certificate shall be issued by an appropriately qualified occupational hygienist and submitted to the Certifying Authority. The clearance certificate shall verify that the site is free from any hazardous materials from the demolished buildings. (Reason: Health and safety)
46. Importation of Fill
Any material to be imported onto the site for levelling, construction or engineering purposes must satisfy the Office of Environment & Heritage (OEH) requirements for virgin excavated natural material (VENM), or excavated natural material (ENM). The determination of VENM or ENM must be made by suitable qualified consultant. Pre-certification of the imported material shall be made and details made available to Council upon request. (Reason: Environment & Health Protection)
47. Dust Control
The following measures must be taken to control the emission of dust:
(a) Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work.
(b) Any existing accumulation of dust (e.g. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter.
(c) All dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray. Water used for dust suppression must not be allowed to enter the street or stormwater system.
(d) All stockpiles of materials that are likely to generate dust must be kept damp or covered.
(e) Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.
Construction noise shall be controlled to comply with the requirements as set out in the EPA Interim Construction Noise Guideline. Noise levels shall not exceed the rated background level by more than 10dB(A) at the most sensitive receiver during the standard construction hours. A noise monitoring plan shall be implemented during construction. Where noise levels may be exceeded appropriate measures to control excessive noise shall be implemented immediately. (Reason: Amenity)
49. Loading and Unloading During Construction
The following requirements apply: (a) All loading and unloading associated with construction must be
accommodated on site. (b) The structural design of the building must permit the basement and/or the
ground floor to be used as a loading and unloading area for the construction of the remainder of the development.
(c) If, during excavation, it is not feasible for loading and unloading to take place on site, a Works Zone on the street may be considered by Council.
(d) In addition to any approved Works Zone, provision must be made for loading and unloading to be accommodated on site once the development has reached ground level.
(e) If a Works Zone is warranted an application must be made to Council prior to commencement of work on the site. An approval for a Works Zone may be given for a specific period and certain hours of the days to meet the particular need of the site for such facility at various stages of construction. The approval will be reviewed periodically for any adjustment necessitated by the progress of the construction activities.
(f) Application for a Works Zone must be submitted to Council a minimum 8 weeks prior to being required. Works application form is available on the City’s Website.
(Reason: Public safety and amenity)
PRIOR TO OCCUPATION OF THE DEVELOPMENT
The following conditions of consent must be complied with prior to the issue of an occupation certificate. 50. Section 73 Compliance Certificate
A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained prior to the issue of a Final Occupation Certificate. An application must be made either directly to Sydney Water or through a Sydney Water accredited Water Service Coordinator. For details go to www.sydneywater.com.au/section73 or call 1300 082 746. The Section 73 Certificate must be submitted to the Certifying Authority. (Reason: Ensure statutory compliance)
51. Access for the Disabled - Disability Discrimination Act
The building/development must comply with the requirements of the Disability Discrimination Act. It should be noted that this approval does not guarantee compliance with this Act and the applicant/owner should investigate their liability under this Act. (Reason: Access and egress)
52. Fire Safety Certificate Forwarded to NSW Fire and Rescue
Prior to the issue of the Final Occupation Certificate and upon completion of the building work, a Fire Safety Certificate shall be furnished by the owner to Council, and the owner must cause a copy of the certificate (together with a copy of the current fire safety schedule) to be forwarded to the Commissioner of New South Wales Fire and Rescue, and must cause a further copy of the certificate (together with a copy of the current fire safety schedule) to be prominently displayed in the building in accordance with Clause 172 of the Environmental Planning and Assessment Regulation 2000 in respect to each essential fire safety measure included in the Schedule attached to the Construction Certificate. (Reason: Safety)
53. Fire Safety Certificate before Change of Use to NSW Fire and Rescue
Prior to the issue of the Final Occupation Certificate and before a change of use for an existing building occurs, a Fire Safety Certificate shall be furnished by the owner to Council, and the owner must cause a copy of the certificate (together with a copy of the current fire safety schedule) to be forwarded to the Commissioner of New South Wales Fire and Rescue, and must cause a further copy of the certificate (together with a copy of the current fire safety schedule) to be prominently displayed in the building in accordance with Clause 172 of the Environmental Planning and Assessment Regulation 2000 in respect to each essential fire safety measure included in the Schedule. (Reason: Safety)
54. Fire Safety Upgrade of Premises
Occupation Certificate not being issued until the existing building has been upgraded to meet the Performance Requirements of Section C, D and E of the National Construction Code relating to fire safety. (Reason: Occupant safety)
55. Boarding House Registration
Evidence must be provided to the Certifying Authority indicating that the premises has been registered with NSW Fair Trading for use as a boarding house, in accordance with the requirements of the Boarding Houses Act 2012, prior to the issue of the Final Occupation Certificate. (Reason: Statutory Compliance)
56. Surface Water Runoff
Surface water runoff from paved areas shall be directed away from neighbouring properties and disposed of to the satisfaction of the Certifying Authority. (Reason: Health and amenity)
Prior to the issue of any Occupation Certificate, the roof stormwater shall be disposed of to: (a) Council’s kerb and gutter; (b) Stormwater easement pipe;
(Reason: Health and amenity) 58. Safer by Design
Prior to the issue of any Occupation Certificate and to minimise the opportunity for crime and in accordance with CPTED principles, the development shall incorporate the following:
(a) In order to maintain a safe level of visibility for pedestrians within the development, adequate lighting to AS1158 is to be provided to all common areas including the on-site car park, common open space and pedestrian routes, particularly including the waste storage areas. This lighting shall ensure consistency to avoid contrasts between areas of shadow/illumination and preferably be solar powered and with an automatic/timed switching mechanism, motion sensor or equivalent for energy efficiency. Such lighting shall be installed and directed in such a manner so as to ensure that no nuisance is created for surrounding properties or to drivers on surrounding streets. Car parking lighting system is to be controlled by sensors to save energy during periods of no occupant usage.
(b) The design, installation and maintenance of landscaping (and associated works) within pedestrian routes around the site (and adjacent to mailboxes) shall not impede visibility and clear sight lines along the pedestrian footway from one end to the other.
(c) Adequate signage within the development to identify facilities, entry/exit points and direct movement within the development.
(d) A small portion of each storage area shall be of solid construction (i.e. Cupboard, under stair space).
(Reason: Safety and surveillance, energy efficiency, amenity) 59. Services - Mailboxes
Prior to the issue of any Occupation Certificate, all mail boxes provided on site shall comply with the requirements of ‘Australia Post’ in terms of size, location, numbering and clearing. Details of the requirements can be obtained from Australia Post or from their web site. Letter boxes for adaptable dwellings shall comply with AS 4299 Cl 3.8. (Reason: Legal)
60. Service Facilities
Prior to the issue of any Occupation Certificate, the following shall apply to the development: (a) Electricity and telephone lines must be placed underground from the street to
the building. (b) One storage area shall be allocated to each unit.
(c) A master TV antenna or satellite dish is to be provided for the building. This shall be suitably screened from view from the street.
(d) All plumbing pipes and installations must be concealed in ducts and not exposed on the external walls of the building and must be adequately soundproofed.
(e) Secure bicycle parking facilities shall be provided in accordance with Willoughby Development Control Plan Part C. 4 and designed in accordance with AS2890.3.
(Reason: Ensure compliance, streetscape and amenity) 61. Marked Parking Bays and Turning areas
Prior to the issue of any Occupation Certificate, all parking bays and/or truck docks and the direction of traffic movement and designated turning areas shall be permanently marked on the pavement surface in accordance with the approved parking and driveway layout to the satisfaction of the Certifying Authority. (Reason: Ensure compliance)
62. Access/Parking - Car Spaces Including One Disabled
Prior to the issue of any Occupation Certificate, the boarding house facility and the associated 5 car spaces plus one disabled space shall be provided. The disabled space is to be clearly demarked in high quality materials be appropriately hatched, display disabled signage/logo and contain a bollard to prevent the parking of two vehicles in this area to Council’s satisfaction. (Reason: Ensure compliance)
63. Storage area and Clothes to be Dried in the Open Air
Prior to the issue of any Occupation Certificate, where provision is made to enable storage areas and clothes to be dried in the open air, this storage and clothes drying area shall provide sufficient area and capacity based on the maximum capacity of 26 lodgers and comply the requirements in Part D.2.14 of WDCP. (Reason: Amenity)
64. On-site Water Management System
Prior to the issue of any Occupation Certificate, the stormwater runoff from the site shall be collected and disposed of via an approved OSD and Rainwater Reuse system in accordance with Sydney Water’s requirements, the NSW Code of Practice – Plumbing and Drainage, Council’s DCP and Technical Standards. The construction of the stormwater drainage system of the proposed development shall be generally in accordance with the approved design stormwater management plans and Council’s specification (AUS-SPEC). (Reason: Prevent nuisance flooding)
65. Rainwater Re-use – Major
Prior to the issue of any Occupation Certificate, the applicant shall supply and install rainwater re-use tanks with a minimum storage volume of 5m3 in accordance with the approved stormwater management plans by ACOR GO160838 drawing number C1 to C6 revison F dated november 2016, Sydney Water’s requirements and Council’s DCP and Technical Standards. The rainwater reuse system shall be connected to supply non-potable use including, but not limited to laundry, toilet flushing and landscape irrigation. The rainwater tank shall be located behind the front alignment of the building to which the tank is connected. (Reason: Ensure compliance and conserve natural resources)
66. Sign for Rainwater Reuse and Onsite Detention System
Prior to the issue of any Occupation Certificate, an aluminium plaque measuring no less than 400mm x 200mm is to be permanently attached and displayed within the immediate vicinity of the Rainwater Reuse and Onsite Detention System. The wording for the plaque shall state “This is the Rainwater Reuse and Onsite Detention System required by Willoughby City Council. It is an offence to alter any part of the system without written consent from Council. The registered proprietor shall keep the system in good working order by regular maintenance including removal of debris”. (Reason: Prevent unlawful alteration)
67. Certification of OSD
Prior to the issue of any Occupation Certificate, a suitably qualified and experienced civil engineer (generally CP Eng. Qualification) shall certify on Council’s standard certification form that the as-built OSD system is in accordance with the approved plans and complies with Council’s DCP and Technical Standards. Council’s standard certification form is available in the appendix of Council’s Technical Standard No.2. (Reason: Legal requirement)
68. Certification of Rainwater Reuse System
Prior to the issue of any Occupation Certificate and upon completion of the Rainwater Retention and Reuse System, a licensed plumber shall certify that the rainwater retention and reuse system has been constructed in accordance with the approved stormwater management plans and that the as-built system has been fitted with proprietary first flush device and connected to non-potable use including toilet flushings, laundry and landscape irrigations. All plumbing/drainage works shall be carried out which comply with the current plumbing requirements of Sydney Water and Committee on Uniformity of Plumbing and Drainage Regulations of NSW”. (Reason: Record or works)
69. Works-As-Executed Plans - OSD
Prior to the issue of any Occupation Certificate and upon completion of the OSD System, the following shall be submitted to the Certifying Authority: (a) Work-as-Executed plans based on the approved stormwater management
plans from a registered surveyor to verify that the volume of storage, PSD, water and floor levels are constructed in accordance with design requirements. Any minor changes or variations to the approved plans should be highlighted in red on the approved stormwater plans.
(b) Engineer’s certification of the OSD system together with the completed Council’s standard form for On-Site Detention Record of Installation.
(Reason: Record of works) 70. Works-As-Executed Plans – Rainwater Reuse
Prior to the issue of any Occupation Certificate and upon completion of the Rainwater Re-use System, the following shall be submitted to the Certifying Authority: (a) Work-as-executed plans based on the approved stormwater plans from a
registered surveyor to verify that the volume of storage, invert levels of inlet, overflow pipes and discharge outlet are constructed in accordance with design requirements. Any minor changes or variations to the approved plans should be highlighted in red on the approved stormwater plans.
(b) Plumber’s certification that the Rainwater Re-use system has been fitted with proprietary first flush device and connected to non-potable use including toilet flushings, laundry and landscape irrigations. All works completed shall comply with the current plumbing requirements of Sydney Water and Committee on Uniformity of Plumbing and Drainage Regulations of NSW.
(Reason: Record of works) 71. S88B/S88E(3) Instrument
Create Positive Covenant and Restriction on the Use of Land on the Title in favour of Council as the benefiting authority for the as-built Onsite Detention and Rainwater Reuse System. The standard wording of the terms of the Positive Covenant and Restriction on the Use of Land are available in Council’s Technical Standards. The above instruments shall be created under Section 88B of the Conveyancing Act 1919 for newly created lots. For an existing lot, the instruments can be created under Section 88E(3) of the Conveyancing Act 1919 using Form 13PC and 13RPA respectively. The relative location of the Onsite Detention and Rainwater Reuse System, in relation to the building footprint, must be shown on the final plan of subdivision/strata plan or must be shown on the scale sketch, attached as an annexure to the request 13PC and 13RPA forms. The S88B instrument or 13PC/13RPA forms shall be lodged with Council’s Standard S88B/S88E Lodgement Form with all supporting documentations listed in the Form. Council’s Standard Form is available from Council upon requested. Documentary evidence of registration of these instruments with the Land and Property Information shall be submitted to the Certifying Authority and Council prior to issue of any Occupation Certificate. (Reason: Maintenance requirement)
72. Documentary Evidence of Positive Covenant, Engineers Certificate
Prior to the issue of any Occupation Certificate, the following documentary evidence of the completed drainage works shall be submitted to Certifying Authority and Council: - (a) Registered Positive Covenant and Restriction on the Use of Land by way of the
Title Deed. (b) Certification from a suitably qualified and experienced civil engineer (generally
CP Eng. Qualification) for the as-built OSD system and/or plumber’s certification of the as-built rainwater reuse system.
(c) Work-as-Executed plans highlighting in red based on the approved stormwater management plans from a registered surveyor for the as-built OSD system and/or rainwater reuse system.
Construct a new vehicular crossing including the replacement of the existing layback and/or gutter and any associated road restoration as directed by Council’s Engineers. All works shall be carried out in accordance with Council’s specification AUS-SPEC C271 and Council’s Standard Drawing SD105 - Council Vehicular Footpath Crossing and Kerb and Gutter details and any approved longitudinal sections. A separate application for the crossing including current fees and charges is to be submitted for approval by Council. The crossing is to be 3.5 metres wide with no splays and is to be constructed at right angles to the street kerb in plain concrete. The new crossing shall be located no closer than 1 metre from any power pole and 2 metres from any street tree unless otherwise approved by Council. The centreline of the new crossing shall be "in-line" with the centreline of the parking space(s). For the design levels of the vehicular crossing at the property boundary, the following shall be complied with: (a) At back of layback –100 mm above and parallel to the gutter invert. (b) At property boundary –adopt exixting levels and parallel to the gutter invert.
The footpath which forms part of the proposed crossing shall have a maximum crossfall of 2.5%. The nature strip and footpath is to be adjusted for a minimum distance of 3 metres on both sides of the crossing to suit the new levels. The suitability of the grade of driveway inside the property is the sole responsibility of the applicant and the required alignment levels fixed by Council may impact upon these levels. All adjustments to the nature strip, footpath and/or public utilities’ mains and services as a consequence of the development and any associated construction works shall be carried out at the full cost to the Applicant. All driveway grades and transitions must comply with AS/NZS 2890.1. Vehicular Crossing Formwork Inspection Sheet shall be obtained from Council (attesting to this condition being appropriately satisfied) and submitted to the Certifying Authority prior to issue of any Occupation Certificate. (Reason: Public amenity)
74. Removal of Redundant Crossings
Remove all redundant crossings together with any necessary works and reinstate the footpath, nature strip and kerb and gutter accordingly. Such work shall be carried out in accordance with Council's specification. Vehicular Crossing Formwork Inspection Sheet shall be obtained from Council (attesting to this condition being appropriately satisfied) and submitted to the Certifying Authority prior to issue of any Occupation Certificate. (Reason: Public amenity)
75. Front Fencing – Transparent Metal Fence with Low Face Brickwork
Details of front fencing being an open/transparent metal fence not exceeding 1.5m height from the natural ground level incorporating full height brick capped piers and low face brickwork not exceeding 0.5m in height from the natural ground. Styling and
detailing appropriate to the house and character of the streetscape are to be shown on the construction certificate plans prior to the issue of the Construction Certificate. (Reason: Security, Amenity)
76. Turfing of Nature Strip
Prior to the issue of any Occupation Certificate and in the event of damages to the grass verge during works, trim the strip of land between the property boundary and the road, spread topsoil on top of the trimmed surface and lay approved turfing on the prepared surfaces. The turf shall be protected from vehicular traffic and kept watered until established. (Reason: Public amenity)
77. Completion of Landscape Works
Prior to the issue of any Occupation Certificate, the approved landscape works shall be consistent with the approved design, completed to a professional standard, consistent with industry best practice and published standards. (Reason: Landscape amenity)
78. Tree Planting
Prior to the issue of any Occupation Certificate, the front yard shall incorporate dense planting behind the metal fence and plant at least 2 new trees in the soft landscape area of the property fronting Ivy Street. The trees shall: (a) Have a minimum container size of 25 litres and grown to NATSPEC 2 Guide
Specifying Trees (2003); (b) Be flowering species, preferably locally occurring native species; (c) Palms, conifers, fastigiated and columnar trees are not acceptable for the
purposes of complying with this condition; (d) Have the potential to attain a minimum height of 5 metres at maturity; (e) Be planted in an appropriate location to allow root growth; (f) Be planted, mulched, watered and maintained according to industry best
practice. (Reason: Landscape amenity, security)
79. Certification – Ventilation
Prior to the issue of any Occupation Certificate, certification shall be provided from a suitably qualified mechanical engineer certifying that all work associated with the installation of the mechanical and/or natural ventilation systems has been carried out in accordance with the relevant Australian Standards and or alternative solution. (Reason: Amenity, environmental compliance and health)
The following conditions have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the planning instrument affecting the land, and relevant legislation. 80. Annual Fire Safety Statement
Attention is directed to Clause 177 of the Environmental Planning and Assessment Regulation 2000 regarding the submission of an Annual Fire Safety Statement in relation to each essential fire safety measure implemented in the building or on the land on which the building is situated. (Reason: Safety)
81. Fire Safety Measures
The existing fire safety measures are to be retained and maintained within the tenancies/tenancy during and after demolition. (Reason: Fire safety)
82. Occupation of the Boarding House
Excluding the additional room that provides residence to the boarding house Manager; the proposed (10 rooms) and the existing boarding house (11 rooms) contain a total of 21 boarding rooms. The maximum number of adult lodgers to reside in the proposed (12 adults) and the existing (14 adults) building at any time is 26. (Reason: Compliance)
83. Management Operation Plan
The Operational Plan of Management must be reviewed and updated at least once every year when the boarding house operates, must be maintained and adhered to. The Plan should be updated to include in detail the following: (a) Procedures, actions and responsibilities to apply for “On-Site Management”,
Occupancy agreement / House rules / Termination of use / Information sheets / Registration / Visitor Policy / Safety and Security / Contract Cleaning and maintenance records etc.
(b)
Manager full Contact details, Duties and Procedural actions and Responsibilities etc,
(c) Procedures, actions and responsibilities to apply Occupational Health and Safety Requirements, all hazards (broken chairs, loose carpets, missing lights etc), Storage of Chemicals and machinery
(d) Use and hours of all Communal areas including permissible and type of Noise levels.
(e) Procedures, actions and penalties to apply in the event of undesired behaviour.
(f) Procedures, actions and a specified time frame for dealing with complaints filed in the “Complaints and Incident Register”;
(g) An Evacuation Procedure to follow in case of an emergency event;
(h) The responsibilities of the owner / caretaker of the building including the transfer and return of all bins to roadside for collection;
(i) A statement clearly specifying that sixteen (16) boarding rooms must not be occupied by more than one (1) adult lodger at any time; that five (5) of the rooms must not be occupied by more than 2 adult lodgers at any time; and that the capacity of the boarding houses is a maximum of 26 adult lodgers at any given time; and
(j) Penalties for not complying with the Plan. The Management Operation Plan must comply with the Boarding Houses Act 2012, Boarding Houses Regulation 2013 and other relevant legislation. Relevant details of the premises must be recorded in the Register of Boarding Houses as required by the legislation. Copies of the Management Operation Plan must be provided to the boarding house manager, made available to Council upon request, displayed in a conspicuous position in the boarding house and made available at all times to all residents of the premises. (Reason: Operation management, Amenity)
84. Subdivision of the Boarding House
No subdivision shall be granted for the boarding house for the life of the development. (Reason: Statutory)
85. Stormwater Kerb Outlet
New stormwater connection outlets at street kerb shall be made using 125x75x4 galvanised Rectangular Hollow Section (RHS). Where there are multiple outlets required, a minimum distance of 100mm shall separate these outlets. A grated drainage pit (min. 600mm x 600mm) shall be provided within and adjacent to the property boundary prior to discharging to the Council’s drainage system. (Reason: Protection of public asset)
86. Vehicular Access and Garaging
Driveways and vehicular access ramps shall be designed to provide adequate ground clearance to the underside of B85 vehicles. In all respects, the proposed vehicle access and/or parking spaces shall be designed and constructed to comply with the minimum requirements of AS/NZS 2890.1 and Council’s standard specification. (Reason: Vehicular access)
87. Underground Utility Services
Locate and establish the size and levels of all utility services in the footpath and road reserve. Contact “Dial Before You Dig” Service” prior to commencement of any works.
All adjustments to public utilities’ mains and services as a consequence of the development and associated construction works shall be at the full cost to the applicant. (Reason: Protection of utilities)
88. Public Infrastructure Restoration
Prior to the release of the Damage Deposit, any damaged public infrastructure caused as a result of the construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concrete delivery vehicles) must be fully repaired in accordance with Council’s specification and AUS-SPEC at no cost to Council. (Reason: Protection of public assets)
89. Trees on Adjoining Properties
No approval is given for the removal or pruning of trees on the nature strip, adjoining reserves, or neighbouring private land. (Reason: Environmental protection)
90. Noise Control – Offensive Noise
To minimise the noise impact on the surrounding environment, the use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to an “offensive noise” as defined under the provisions of the Protection of the Environment Operations Act 1997. (Reason: Amenity)
91. Standards for Shared Accommodation
The premises shall comply with the requirements of the: (a) Local Government (General) Regulation 2005 – Schedule 2 Part 1 Standards for
Places of Shared Accommodation; and
(b) Public Health Regulation 2012 – Clause 46 Sleeping Accommodation. (Reason: Compliance)
PRESCRIBED CONDITIONS
The following conditions are prescribed by Section 4.17 of the Environmental Planning & Assessment Act for developments involving building work. 92. Compliance with National Construction Code
All building works must be carried out in accordance with the performance requirements of the National Construction Code. (Reason: Compliance)
The following advisory notes are statutory requirements of the Environmental Planning & Assessment Act and the Environmental Planning & Assessment Regulations and are provided to assist applicants. 93. Construction Certificate Required
This consent IS NOT an approval to carry out any building works (with the exception of demolition work). A Construction Certificate is required PRIOR TO ANY BUILDING WORKS BEING COMMENCED. Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 9777 1000. (Reason: Ensure compliance and statutory requirement)
94. Notify Council of Intention to Commence Works
In accordance with the provisions of Section 6.6 of the Environmental Planning and Assessment Act 1979 the person having the benefit of the development consent shall appoint a Certifying Authority and give at least 2 days’ notice to Council, in writing, of the person’s intention to commence the erection of the building. (Reason: Information and ensure compliance)
95. Occupation Certificate
The building/structure or part thereof shall not be occupied or used until an interim occupation / final occupation certificate has been issued in respect of the building or part. (Reason: Safety)
Figure 1: Subject Site with red outline – 24 Goodchap Road, Chatswood
Subject Site The site is located on the western side of Goodchap Road between Pearl Avenue and Ivy Street and has a generally east-west orientation. The site has an L shape with main frontage to Goodchap Road and secondary frontage to Ivy Street. The site is zoned R2 Low Density Residential under the provisions of the Willoughby LEP 2012. The site is known as Lot 3 DP 15212 with a total site area of 1,694.6m2. The site has the main rectangular shape frontage to Goodchap Road of 27.585m, a northern side boundary of 50.29m, a southern side boundary of 30.18m, a western side boundary of 48.92m, a secondary south frontage to Ivy Street of 13.715m, an eastern side boundary of 15.24m with a splay of approximately 8.93m. There is a main cross fall from the north-eastern to the rear south-western corner of the site that continues to Ivy Street as follows:
RL at Chapman Road – 101.00 to 97.60 (north-east to south-west side)
RL at Ivy Street – 93.57 to 97.09 (south-west to north-east side) The site contains a two storey brick Arts and Craft Villa, attached carport, laundry and storage shed. The front garden on Goodchap Road has some significant plantings and trees. Constraints The subject site is identified as a local heritage item within the Willoughby LEP 2012. The residence is deeply setback from the road, situated toward the bottom of the slope. The existing appearance of the residence has been affected by past early subdivision and
alterations but is a relatively intact and well-maintained example of a late 19th century building. An assessment of the building’s interior has not been carried out, however due to its former use as flats and current use as a boarding house it is likely that the residences original layout has been modified. The building is significant historically and also aesthetically, particularly as the setting, scale and architectural style is distinct in the streetscape, giving the building a landmark quality when viewed from the primary streetscape of Goodchap Road. The eastern side of the site slopes steeply away to the west and appears a vacant lot to Ivy Street. The site is well serviced by public transport however it does not fully comply in accordance with the site accessibility requirements of the State Environmental Planning Policy (Affordable Rental Housing) (AHSEPP) 2009. The subject site is 1.2km to the Chatswood CBD and train station. A bus stop serviced by a number of Sydney Buses located on the western side of the Pacific Highway near Sutherland Road and travelling to Chatswood train station is 350m away. The bus stop for the return trip from Chatswood station is located on the eastern side of the Pacific Highway near Gordon Avenue or Mowbray Road and both require crossing at the nearest traffic light pedestrian crossing which extends the walking distance to 550m, further discussed in Attachment 5. Locality Surrounding developments are primarily residential comprising predominantly low density detached single dwellings to the west of Goodchap Road and low rise medium density to apartments, villas and town houses to the east of Goodchap Road. Along Ivy Street surrounding developments are primarily low rise detached one and two storey residential dwellings.
Traffic Subject to recommended conditions of consent.
Building Subject to recommended conditions of consent.
Development Engineering
Council’s Engineers recommended conditions and made the following comments:
Plans to show a min of 300mm of freeboard to any habitable space adjacent to OSD system.
Vehicular Crossing to be clearly shown on plans current design not to Councils standards. The applicant is amending plans to address the issues raised with the parking; a condition of consent is imposed in this regard.
Environment Health
No objection was raised subject to recommended conditions to limit internal noise levels and comply with Standards for Places of Shared Accommodation.
9 Pearl Avenue 4 Ivy Street 3 Ivy Street 2A Ivy Street 1 Ivy Street 15 Ivy street 22 Goodchap Road
1. Parking and Traffic: ‘…Off street car parking requirements are not met by this proposal – an additional 10 rooms, and only an additional 2 carparks…’ ‘…Providing 2 car spaces for 10 residents will leave a potential shortfall of 8 car spaces which will have to be taken from Goodchap Road and Ivy Street…’ ‘…Lack of adequate street parking in Goodchap Road, Ivy Street and surrounding streets has been and usually is an issue...’ ‘…Ivy Street and Goodchap Road are heavily used by commuters to Chatswood and Artarmon stations, as are other surrounding streets. On weekdays in particular it can be “next to impossible” to find a parking place…’ ‘…The overcrowding in this segment would add to the already existing frustration with the congested traffic in the area and the ability to reach Chatswood CBD in a reasonable time…’ ‘…Parking issue needs to be fully fleshed out in a traffic and parking study for the development…’ ‘…Pedestrian traffic in the area would be placed at risk by the increase in traffic on Ivy Street and Goodchap Road, especially as the road is often used to walk on owing to the small size of the footpaths on Ivy Street…’ ‘…There is no traffic management plan. Due to the issues on Ivy Street because of size of the road and gradient this is required…’
Parking: The development application is lodged pursuant to the AHSEPP and the proposal is compliant with the provisions of this State legislation. Part 2 Division 3 Clause 29 Standards sets out that parking cannot be used to refuse consent if: “at least 0.2 parking spaces are provided for each boarding room” in the case of a development taking place in an accessible area. Therefore, the parking for two (2) additional cars is assessed to meet the requirements of the AHSEPP that overrides WLEP 2012 and WDCP requirements. Notwithstanding, Council has included conditions of consent for a total number of five (5) car, five (5) motorbike and five (5) bicycle parking spaces required for the two boarding houses on the one allotment deemed to fully meet the AHSEPP standards. All vehicle and pedestrian entry into the site will be through the existing driveway on Goodchap Road. No direct access to Ivy Street is proposed. Traffic: A total of 5 car parking spaces for the site are considered to be a low scale traffic flow. The development generates a minimum impact on the road network and does not warrant a traffic study.
20 Goodchap Road 22 Goodchap Road 2/9 Goodchap Road 1 Ivy Street 4 Ivy Street 2A Ivy Street
2. Security, Noise, disturbance and Social Impacts:
‘…Many reported and recorded incidents of noise and disturbance (partying, fighting & drinking) during normal hours and twice as many during after hours until early hours of morning. Reported complaints to Willoughby Council, Police and managing organization…’ ‘…We have lived here since late 1978. During this time, noise from the current boarding house has been a recurring problem. There have been many incidents of extremely loud and offensive language, violent arguments, loud late night parties and generally poor behaviour by the residents…’ ‘…we have had to make several phone calls to the local police due to parties, noise disturbances at all hours of the night and anti-social behaviour at 24 Goodchap Road…’ ‘…already from the current dwelling there has been noise issues and disorderly behaviour, with more residents there is potential for more disturbance…’ ‘…Having a negative impact both socially and also monetarily on the value of our homes…’ ‘…in the past there have been significant issues due to residents parties when residents are provided with large paved areas away from the managers quarters…’ ‘…Based on past history Ivy Street front paved area will attract gatherings. In the past there have been significant issues with noise, parties and regular police intervention….this area is a potential noise and security concern…’
The NSW Government considers boarding houses to be an important and legitimate form of affordable housing. Boarding houses are permitted with consent in all residential zonings and provide an increase in the supply and diversity of rental and social housing. The site has had the existing use of a boarding house since late 1960’s. The proposed construction of an additional ten accommodation rooms is permitted and compliant with relevant State legislation and has adopted a quality building design that responds to the changing and demographic profile of the community and increased demand for more variety and affordable dwellings. A Plan of Management has been submitted with the application that provides rules and regulations for the operational management of the boarding houses. The Plan shall include measures to enforce normal levels of noise and hours of activities, as expected with 26 adults in any residential area. This Plan will require clear detailed solutions for potential operational management issues associated with the boarding house and regular revision of the Plan as per consent conditions included in the Schedule of Conditions Attachment 1. The proposal has other conditions by consent to include a 1.5m transparent metal fence with low face brickwork and dense landscaping behind the fence to incorporate a higher level of security and retain pedestrian access only via Goodchap Road. Additionally, ‘safer by design’ criteria to ensure that appropriate site lighting is provided to common areas in accordance with the requirements of the relevant Australian Standards and adequate signage will identify common facilities, entry/exit points and movement within the development.
22 Goodchap Road 20 Goodchap Road 1 Ivy Street 3 Ivy Street 2A Ivy Street 15 Pearl Street
3. Occupation and management of the boarding houses:
‘…Does the existing boarding house licensed for operating 27 rooms have the plan of management in place to run the existing and 2nd future boarding house...’ ‘…who and how will guarantee wellbeing of surrounding families from the large number of temporary /short stay patrons (37 people) in the boarding house based on past records…’ ‘…Who will be able to check that the proposed property is for the intended use and how it is rented out…’ ‘…What management structure is proposed to manage 17+10 rooms meaning at least 27 if not a number more residents (40 or more if double occupancies in both boarding houses are taken up), On site caretaker with 24/7 contact…’ ‘…taking into consideration the existing building houses 17 people and add to this up to 20 people in the proposed building, there is a potential for 37 people which is not in keeping with the low density residential housing of the area of Goodchap Road…’ ‘…the environmental report states in several places that all boarding rooms are for single accommodation, implying that the maximum number of residents will be 10. However, the two rooms in the attic are clearly double rooms with a floor area of 16m2 each, hence the allowable number of residents will be 12 (with flow on affects for parking)…’ ‘…there are many elderly residents in the surrounding houses, who will be affected by transient guests coming and going at irregular hours...’
The Boarding Houses Act 2012 requires boarding houses to register on the publicly available register at Fair Trading NSW. The Act provides for occupancy agreements between the person/company who runs the boarding house and residents, and gives the NSW Civil and Administrative Tribunal power to deal with some disputes. The Act also requires registrable boarding houses to be inspected by the local council. A condition of consent has been included to provide evidence that the boarding house has been registered with NSW Fair Trading Act 2012 in accordance with the requirements of the Boarding Houses Act 2012, prior to the issue of the Final Occupation Certificate. The proposed boarding house will provide an additional 10 boarding rooms and an additional of 12 adult lodgers at any one time. The existing boarding house has been modified to provide 11 boarding rooms and a maximum capacity of 14 adult lodgers at any one time. A condition of consent will limit the maximum capacity for the existing and proposed boarding house to a total of 21 boarding rooms and 26 adults at any one time plus an on-site manager to ensure statutory compliance. As mentioned previously, a Plan of Management has been submitted with the application that provides rules and regulations for the operational management of the boarding houses. The Plan shall include measures to enforce normal levels of noise and hours of activities, as expected with 26 adults in any residential area.
22 Goodchap Road 20 Goodchap Road 1 Ivy Street 3 Ivy Street 15 Ivy Street 2A Ivy Street 9 Pearl Street
4. Streetscape, out of character and R2 zoning:
‘…alteration not in keeping with the streetscape. The proposed setback from the street is only half as far back as 1 and 3 Ivy Street. It is 3 storey apartment look, and our street is zoned R2, low residential…’ ‘…The proposed structure will present as a substantial 3 storey residential flat building. This is not in keeping with the residential properties in Ivy Street, comprising 1 and 2 storey detached houses. This is inconsistent with the R2 Low residential zoning of the area…’ ‘…this will effectively become an 18+ bedroom boarding house. This is entirely out of character for Ivy street and not permitted by zoning on that side of Goodchap Road nor Ivy Street…’ ‘…The proposal does not fit in with the existing streetscape and R2 low residential zoning of the area. There are no other three-storey dwellings on Goodchap Road, Ivy Street and surrounding streets, similar to the three storey proposed dwelling and none are 27 rooms boarding house in purely R2 residential area…’ ‘…The current design will create a boarding house operation that is out of scale too large for our low density residential area and local character…’ ‘…Out of keeping and scale with other properties in the low density residential Ivy Street. The area is low density R2 with all properties on the high side of the street having setbacks to main home at 15m…’ ‘…the proposal does not present a traditional domestic scale, form or presentation to Ivy Street…’
Part 2 Division 3 Clause 26 Land to which Division applies of the AHSEPP stipulates that Division 3 Boarding Houses of the AHSEPP applies to land in (b) Zone R2 Low Density Residential. Subclause 29(1) provides that a consent authority must not refuse consent to development to which this Division applies on the grounds of density or scale if the density and scale of the buildings when expressed as a floor space ratio are not more than: (a) the existing maximum floor
space ratio for any form of residential accommodation permitted on the land.
The maximum R2 Low Density Residential Floor Space Ratio (FSR) is 0.4:1 and Height of Building (HOB) is 8.5m. The proposal has an FSR of 0.37:1 and HOB 6.44m and considered to satisfy the main development controls of the Willoughby LEP 2012. The proposal observes the location and orientation of the site on Ivy Street and provides a good solution for the vacant portion of the L-shaped site block. It provides for greater setback from the south boundary to fall in line with existing residential homes, maintains all existing trees within new landscaped lawn areas and does not have any vehicular entry or car parking spaces. The proposed new building reduces the overall bulk and scale in line with the stepped topography of the site and falls well below the existing heritage building height. This design approach is considered compatible as it provides an Ivy Street façade that has the residential characteristic of a two storey building height with an attic level tucked back into the site which is not perceptible from the street level.
22 Goodchap Road 1 Ivy Street 3 Ivy Street 15 Ivy Street 2A Ivy Street
5. Development Controls - WLEP 2012 and WDCP
‘…FRS: refers to the total land block, however the proposed building is contained on a small portion of land at the back of the property which significantly reduces privacy, casts significant shadow over neighbour’s property, impacting solar access to adjacent properties…’ ‘…The shadow diagram 9am 21 June show that Ivy Street eastern side will be cast in near total shadow during the peak sun period…’ ‘…The proposed attached dual occupancy dwelling will overshadow my property at 2.30pm in winter…’ ‘…Significantly reduces neighbours privacy, views and solar access in a low-density residential environment…’ ‘…The plan proposed on the western side consists of a flat length of wall 12,497m long, comprising of the bedroom component that runs into the kitchen area, additionally another 5m bringing this wall to around 17.5m providing an unduly mass of wall…,
As mentioned previously, State Environmental Planning Policy (Affordable Rental Housing) (AHSEPP) 2009 overrides WLEP 2012 requirements; the proposed development is compliant with the main controls of WLEP 2012, achieving a HOB and an FSR that comfortably sit within the maximum permitted HOB and FSR. Subclause 29(2) the AHSEPP also specifies standards in relation to building height, landscaped area, solar access, private open space, parking and accommodation size that cannot be used as grounds for refusal if the boarding house meets minimum criteria – which the proposal does. The objectives for development within the R2 zone are listed under Schedule 3. Given the existing natural street slope of Ivy Street, the proposals building north-south orientation, the existing boundary vegetation and building separation of approximately 3m there will be an accumulated overshadowing effect to the adjoining residential residence at 1 Ivy in the morning during the winter solstice. Notwithstanding, this complies with requirements in Part D.1.12 of WDCP in regard to overshadowing and is therefore assessed as acceptable. The western wall is broken up into three sections of which the main bulk wall is 12.5m long with window forms, massing, roof heights and materials consistent and in keeping with the characteristic of the Local Heritage Item. It is assessed to be acceptable.
22 Goodchap Road 20 Goodchap Road 1 Ivy Street 2A Ivy Street 4 Ivy Street 15 Ivy Street
6. Heritage nature ‘…the development is a considerable departure from the heritage nature of the site…’ ‘…the heritage listing of the property would make this proposal “addition” not eligible as a heritage listing of the whole property…’ ‘…The plan for the new ground floor level notes that an existing sandstone balustrade is to be removed from the heritage item to create 2 new steps…’ ‘…on the southern side of the existing heritage listed building is marked that several of the heritage windows will be filled as part of the atrium entrance. This is not in keeping with the heritage order…’ ‘…We know that recently, work has taken place internally in the bathrooms and original features have been removed in the last 6 months with no regard to the historical significance…’ ‘…Need to preserve a heritage item. There does not appear to be any proposal to help preserve what is left of the heritage item as there will need to be further modification made to the building to accommodate the facilities that will be removed in this proposal…’ ‘Comparing old & new; It seems There are no correlation and will not be any between the existing boarding house and new, onsite amenities..’
The existing residential building is significant historically and also aesthetically, particularly as the setting, scale and architectural style is distinct in the streetscape, giving the building a landmark quality when viewed from the primary streetscape of Goodchap Road. The residence is deeply set back from the road and has no real visual quality from Ivy Street. The proposed addition is located to the south and given the topography of the site, the development falls well below the existing building. It occupies a portion of the site which is visually separated from the principal view of the heritage item and is positioned mainly to the Ivy Street frontage. There will be change to the secondary southern façade, resulting from the proposed addition, however as noted on the heritage statement, this area had been previously modified by earlier changes and is not considered the most significant view of the heritage item. An assessment of the building’s interior has not been carried out however, due to its former and current use, it is likely that the original layout has been modified. The proposed boarding house building is visually subordinate from the primary views of the Local Heritage Item from Goodchap Road. The architectural design utilises roof forms, massing, roof heights and materials consistent and in keeping with the Local Heritage Item. Various conditions of consent have been recommended to further mitigate adverse heritage impacts. Council’s Heritage Officer found the proposed alterations and additions to the existing boarding house have an acceptable impact on the heritage significance. It is considered to be sympathetic in scale and character to the heritage item and to increase the general amenity of the streetscape and residential character of Ivy Street.
26 Goodchap Road 22 Goodchap Road 1 Ivy Street 15 Pearl Street
7. Trees and Landscaping ‘…The pictures showing the property with a mature, substantial tree on it and also another without, implies that it is intended to be cut down...Trees are vital for filtering the atmosphere so this tree should not be cut down…’ ‘…I notice that a very large portion of the present garden is intended to be converted into car spaces…the fact that there is no landscape proposal really surprises me…’ ‘…can the owners guarantee that any excavations will not adversely affect the Liquidamber tree in front of our property…’ ‘…The excavation for the parking and moving steps in front of the house will damage the roots of the two Deodar cedar pine trees which are listed…’ ‘…Impact on my trees and shrubs: adverse impact on my Phoenix palm located on the boundary and other tree roots and shrubs during deep excavation and construction as per their Arboriculture Impact report…’ ‘… We have concern regarding the wording around the damage to tree impacts by the proposed building. The main concern is the potential damage to the root ball of the Phoenix Palm on the boarder of 22 Goodchap Road neighbouring property…’ There are a number of trees of significant heritage that would be potentially affected. Not least of which being two deodar cedars that are listed as of high significance on an Arboreal Impact assessment from November 2016…’
The subject property is listed as a Heritage item under the WLEP 2012, as are its paths, fences, hard surfaces, gardens and trees. All trees assessed are subject to the requirements of WCC ‘Preservation of tress or Vegetation 5.9(2) of the WLEP 2012. The applicant submitted an Arboricultural Impact Assessment which is limited to the site area of the proposed development located to the south and fronting Ivy Street. The surveyed area includes assessment of 10 trees (6 onsite trees and 4 offsite neighbouring trees) of which 2 onsite trees (on Ivy Street frontage) will be replaced and the remaining 8 trees will be retained. The proposals architectural and landscape plans indicate that: o all vehicular access into the site
will be through the existing driveway from Goodchap Road;
o there will be some limited work in front of the existing residence to accommodate for car parking requirements and the relocation of the existing stair to Goodchap Road but the majority of the front paths, fences, hard surfaces and gardens will not be touched;
o nor will any works take place adjacent to the front yard of No. 26 Goodchap Road;
o The oleander and the hills weeping fig trees on Ivy Street will be replaced to allow space for the stormwater detention system. Two new trees will be planted to complement and improve the front yard works which will contain hardscape surfaces, lawns, shrubs and a combination of high and medium height trees.
o 3 of the 4 neighbouring trees assessed are found to be located at an adequate distance from the proposed development activities to be successfully retained with minor protection requirements and the Phoenix Canariensis palm has a tree protection zone encroachment
of less than 10%. Councils Landscape Architect advised that the potential impact is on the theoretical Tree Protection Zone and is acceptable in consideration of AS4970-2009 Protection on development sites and the proposal is considered to be acceptable. Consent conditions have been included requiring the appointment of a Project Arborist to oversee the works around the trees during excavation and construction in accordance with the arborists report recommendations.
2/9 Goodchap Road 22 Goodchap Road 1 Ivy Street 3 Ivy Street 2/9 Goodchap Road 9 Pearl Avenue
8. Construction work ‘…There will be major disruption and noise to all neighbours. The size of the development would suggest this will be over a long period of time and not short term…’ ‘…Time frame and construction planning: no details have been provided for building, material deliveries, estimated time frames, how long will inconvenience last and what conditions builders must work on. Dust and settlement considerations must be provided…’ ‘…Main site access through building process and major work appears to be 100% through Ivy Street…’ ‘…What hours would be deemed acceptable for building work…’ ‘…Construction traffic: Goodchap and Ivy Street are ill suited to high volume traffic and certainly not suitable for parking…’ ‘…I work from home very often my son is still young and I need to pick him up every day. I have concerns the construction will seriously impact my daily work…’
There will be noise and disruption during construction. However, there are various consent conditions included in the Schedule of Conditions Attachment 1 that identify protection measures to ensure hours of operation, Public Safety, Risk and mitigation measures, environmental protection and health compliances etc. during construction phase.
15 Pearl Street 9. Loss of Property Value and Amenity
‘…Property value and direct impact on future potential development of my property…’ ‘…Having a negative impact both socially and also monetarily on the value of our homes…’
Notwithstanding that the matter is not a planning consideration and does not warrant refusal of the proposal, there is no evidence to support the statement that development will affect the values of adjoining properties.
22 Goodchap Road 3 Ivy Street 1 Ivy Street
10. Excavation, Survey and Stormwater drainage
‘…We are concerned about the 3m deep excavation work and especially drainage is already a major problem in the street due to its steepness…’ ‘…the amount of excavation close to the established property below the natural ground line would suggest potential concern for neighbouring properties…’ ‘…Why is there no structural engineering report. The excavations alone have the potential for subsidence issues to Ivy Street, where is a risk analysis..’ ‘…The proposal notes in Ingham planning (page 12) that the primary groundwater flow is to the west of the site. As the 3 storey proposal is within 1.5 m of the boundary line, combined with significant excavation there is potential to cause major water flow issues to the residents down Ivy Street, causing subsidence with the proposed removal of trees and alteration of the natural ground line of up to 3.7 meters impacting natural water flow…’ ‘…Due to the age of the drainage system in the area the system overloads with current residential load during wet period. Significant concern regarding overload…’ ‘…Proposed excavations more than 3 m and 2m in height (for
The aim of the state (eg AHSEPP) and local legislation is to ensure that boarding houses are established and operate to meet the housing needs of local residents without adversely affecting the amenity of surrounding residents. No objections to the proposal were raised by Council’s Development Control Engineer and Building Surveyor. Appropriate engineering, environmental and building conditions are included in the Schedule of Conditions Attachment 1, including requirements for dilapidation reports for the neighbouring properties. All necessary detailed engineering plans and stormwater management plans in relation to the on-site stormwater management and disposal system, construction drawings and specifications for the development shall be prepared by suitably qualified and experienced civil engineers. All drawings shall comply with Part C.5 and Part D1.2 of Council’s Development Control Plan and applicable Technical Standards to ensure compliance. At this time there is no factual evidence that can be accessed to support the claim that, by approving the development in question, there will be an increased risk to property damage of other residential dwellings in the neighborhood and as such, the objection does not provide any basis upon to refuse or require modification of the proposal.
ground floor and underground rain water tank) next to my boundary…’ ‘…Despite the excavation work, we seek a formal boundary survey of the entire property to ensure true and accurate boundary set backs are established...’
22 Goodchap Road 1 Ivy Street
11. Asbestos ‘…Also note the existing structure has an asbestos roof. What safety precautions will be put in place to ensure the health of residents during any demolition work…’ ‘…Prior owners advised that the buildings onsite contain asbestos. There is no mention in the document of OHS and removal procedure when clearing these buildings…’ ‘…It is worth noting that one of the listed out building has an asbestos roof. I trust that all precautions would be undertaken if this was demolished? I cannot seem to find any mention of said precautions or asbestos mentioned…’
Noted. Appropriate environmental and building conditions are included in Schedule of Conditions Attachment 1 for the handling and disposal of any asbestos found on the site during the demolition and building work to ensure compliance with Public Health and Safety.
22 Goodchap Road 2/9 Goodchap Road 1 Ivy Street 3 Ivy Street 4 Ivy Street 15 Ivy Street
12. Privacy and Views
‘…Total loss of privacy and security due to overlooking from the 9 larger windows in 2 floor / Attic overlooking my living area and back yard…’ Total loss of privacy and security due to overlooking (because of hotel style accommodation, rooms will be occupied by residence 24/7) from the 9 new larger glass windows and over-looking balcony, on the first floor also 5 new larger glass windows in 2nd floor / attic overlooking my living area and back yard (balcony, will become the common gathering and smoking area)…’ ‘…there will be far greater impact to our neighbours at 1 Ivy and 22 Goodchap Road (cnr of Ivy Street). They will have the enormous impact of many windows looking directly into their properties and the close proximity of the proposed building to boundaries will compound the problem. There will also be the problem of light spill at night…’ ‘…Significantly reduces neighbours privacy, views and solar access in a low-density residential environment. The bedrooms all face down to Ivy Street…’ ‘…It will seriously impact the view of my property if they build another level…’ ‘…Of these 22 windows -14 of them are within 2.7 m of 1 Ivy Street giving residents significant privacy concerns. Additionally, there is low vegetation cover between proposed development and adjacent properties…’ ‘…It is considered too much intrusion into neighbours immediately to the north and south…’
As discussed above and in Attachment 3, the proposed development complies with the HOB and FSR control of the WLEP 2012 and is sensitive to the sloping topography of the land. New planting including screen planting will be planted to a height of 2.0m on the east boundary and 3.5 to the west boundary to contribute to the amenity of the locality and to minimize the impact of the development bulk on adjoining properties. The proposals west and north façade incorporates narrow windows to the lower ground and the ground floor and high ledged windows on first floor attic level. A condition of consent is included in the Schedule of Conditions Attachment 1 to incorporate privacy highlight windows and must include translucent glazing up to 1.6m above finished floor level to the ground floor and attic level windows on the east and west elevations as follows: a) Ground Floor West Elevation:
Kitchen, Room 4, Shared Bathroom and Room 5;
b) Attic Floor Level West Elevation:
Room 9 plus Room 9 Ensuite; c) Attic Floor Level West Elevation:
Room 10 plus Room 10 Ensuite and any feature window and/or stair element that has the potential of overlooking;
These amendments are considered satisfactory in addressing privacy issues. Given that, the proposal complies with the WLEP 2012 / WDCP controls and that the natural steep slope of the natural land on Ivy Street readily offers views and overlooking from any point of the street and adjoining properties, it is considered that privacy levels are acceptable.
‘… We believe that the development should be considered as being a dual occupancy development as there is no internal access between the two structures and the new development will be a separate structure or domicile…” ‘…There is no direct access between new and existing dwelling, (existing dwelling has its own main entrance and new dwelling has its own 2 main entrances. This will raise the issue of the onsite security and management of 2 separate dwelling with three main entrances…’ ‘…The proposal will create a dual occupancy as defined in the WLEP…It is clear that the applicant considers the new structure to be separate, stand alone boarding house, not an extension to the existing boarding house…’ ‘...When does an addition to a boarding house actually become a hotel…’ ‘…Seems the linkage between new and the old building has been done in a way, that in future can be removed and separated, and using the 2nd main entry in ground/lower ground level from Ivy Street with the large foyer at this entrance…’ ‘…Separate boarding house: the plans state that this is a storey extension to an existing boarding house. The proposal is a separate entity, as it is only attached by a glass walkway and the building is noted as having separate facilities. This is not an extension rather a separate boarding house…’
A boarding house is a type of land use under the group term “residential accommodation” and is distinct from other types under this group such as dwelling house, dual occupancy, hostel group home, semi-detached dwelling, secondary dwelling etc. Similarly, a hotel or motel accommodation is a type of tourist and visitor accommodation that does not include a boarding house (refer to WLEP 2012 – Dictionary and DCP Schedule 3 – Dictionary of terms). “Boarding House” is defined under environmental planning instruments, and is defined under the AHSEPP and WLEP 2012 as a building that: (a) is wholly or partly let in lodgings, and (b) provides lodgers with a principal place of residence for 3 months or more, and (c) may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and (d) has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers, but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment. With this in mind, the proposal is “deemed to satisfy” by design to be a building containing an additional 10 rooms available for rent on a relatively short term basis (minimum 3 months), where the intended use and living emphasis is to be communal living. The new and existing boarding houses will provide lodgings (distinct from shared accommodation - which is not subject to a long term residential lease), to a maximum of 26 “lodgers or boarders”. The development application proposes alterations and additions to an existing boarding house which will have external undercover communication/link between the two buildings to satisfy the Disability
(Access to Premises – Buildings) Standards 2010 (Disability Discrimination Act 1992). Notwithstanding, as discussed above, no objections to the proposal were raised by Council’s Development Control Engineer and Building Surveyor, both buildings must meet requirements for fire safety, access, amenity, health and safety and structural standards as included in the Schedule of Conditions Attachment 1. Conditions of consent have been applied for onsite security and management through ‘safer by design’ and a Management Operation Plan to ensure that the use of the land and/or building is carried out in a manner that is consistent with the aims and objectives of the planning instrument affecting the land, and relevant legislation. The ARHSEPP does not permit the strata or community title subdivision of boarding houses (refer Clause 52 No subdivision of boarding houses under the ARHSEPP). Nonetheless, a Condition of consent has been applied to ensure that NO subdivision / separation shall be granted for the boarding house for the life of the development.
1 Ivy Street 3 Ivy Street
14. Noise, Smells and Location of mechanical systems
‘…A new kitchen exhaust system has been recently installed. When running it emits a very loud and annoying noise….We see that an additional kitchen is planned on the ground of the new proposed building….can we expect even more commercial noise?...We would be most concerned to see and hear multiple air conditioners on the outside of the building...’ ‘… the locations of the kitchens are not sympathetic to the existing residences…’ ‘… Noise - Kitchen extractors: The main boarding house has recently
Conditions of consent have been included in the Schedule of Conditions Attachment 1 to minimise the noise impact on the surrounding environment, the use of the premises, building services, equipment, machinery and ancillary fittings that shall not give rise to an “offensive noise” as defined under the provisions of the Protection of the Environment Operations Act 1997. And for a suitably qualified mechanical engineer certifying that all work associated with the installation of the mechanical and/or natural ventilation systems has been carried out in accordance with the relevant Australian Standards and or alternative solution. Additionally, the Operational Plan of Management shall include measures
had to install a commercial extractor. The noise level from this is significant when operating. Two of these extractors based on current plans will be located directly outside 1 Ivy street…this will result in noise and grease/fume issues, both which are unacceptable in a residential area…’ ‘…Commercial grade extractor has been added, this is causing local disturbance when in operation, I presume Council authorised this work to be installed? We don’t want another similar situation occurring in any new proposed building..’
to enforce normal hours and levels of noise and cooking activities within limited time frames and as expected with 26 adults in any residential area. Taking into account the limited capacity of the boarding house, no further conditions were considered necessary at this stage.
15 Ivy street 2A Ivy Street 1 Ivy Street
15. Building Classification and Fire Safety
‘…The applicants accessibility report states that the proposed new structure’s primary classification under BCA is Class 1B…it is clear that the applicant considers the new structure to be separated, stand alone boarding house, not an extension to the existing boarding house…’ ‘…Threshold Issue: The critical question is whether the proposed development is class 1B or Class 3. A further concern is that the addition may be altered and used as a separate single dwelling…’ ‘…Suitable fire resistant materials must be used in between the adjoining cross section of the old heritage building and the new proposed development, materials that meet the current BCA standards must be used and considerations on how the management safety will be performed…’
The Building Code of Australia (BCA) classifies the building as Class 1B if: “Boarding/guest house or hostel not exceeding 300m² and not more than 12 people reside.” The proposed boarding house has a total floor area of 265m2 and will provide accommodation for an additional 12 adult lodgers. Consequently, the proposal satisfies the performance criteria and intent of the Class 1B classification and not a Class 3 which refers to a residential building other than a Class 1 or 2, which is a common place of long term or transient living for a number of unrelated persons. A “deemed to Satisfy” BCA report has been prepared and submitted by a suitable qualified and experienced professional for the proposed boarding house under a Class 3 classification. Notwithstanding, Council requires that both new and existing buildings meet and comply with the requirements for fire & safety design and upgrades, building code, parking and accessibility requirements as included in the Schedule of Conditions Attachment 1. As stated previously, a Condition of consent has been applied to ensure that NO subdivision / separation shall be granted for the boarding house for the life of the development.
16. Developer ‘…As per published media, Melbourne Age newspaper November 2015, slated Phillip Chun of using non-compliance low grade building materials in their project. Can Council guarantee that this will not occur in the development by this company?...’ ‘… Issues with Phillip Chun in a Melbourne development in November 2015, can council have guarantee from Phillip Chun that no such occurrence will repeat itself in this proposed development? And would Council then inspect any work to ensure this was the case?
Noted. A construction certificate (CC) is required before any building work is carried out. Legislation allows that a CC can be issued by Council or a private Accredited Certifier (PCA) of which either entity must certify that: o the detailed construction plans
and specifications comply with the BCA and any other relevant Australian standard;
o that the construction plans and specifications are consistent with the development consent and;
o that, the relevant consent conditions have been complied with.
The PCA will conduct an inspection of each required stage of construction and will not be permitted to issue an Occupation Certificate (for any building work) until all the pre-conditions specified in the development consent have been met and the building is suitable for occupation or use in accordance with the Building Classification under the building Code.
22 Goodchap Road
17. Storage and Laundry facilities
‘…The current laundry facility is proposed to be demolished, I believe that having the laundry next to the kitchen would potentially present health issues…’ ‘…There is no provision for any storage facility, shed under new proposal…’ ‘… Is the existing clothes line to be removed…’
Noted. The proposed development has a dedicated laundry room in the lower ground level and storage area under the main entry stair. The existing boarding house ground floor has been modified to contain a dedicated separated laundry room and maintains the existing storage under the stair. The proposed development satisfies the AHSEPP requirements Notwithstanding, Conditions are included in Schedule of Conditions Attachment 1 to comply with the requirements in Part D.2.14 of WDCP in regard to the adequate provision of Service Facilities amenities such as drying yards and storage.
ATTACHMENT 5: SECTION 4.15 (79C) ASSESSMENT The application has been assessed under the provisions of S.4.15 (79C) of the Environmental Planning and Assessment Act. The most relevant matters for consideration are assessed under the following headings: Matters for Consideration Under S.4.15 (79C) EP&A Act
Considered and Satisfactory Considered and Unsatisfactory and Not Relevant N/A
(a)(i) The provisions of any environmental planning instrument (EPI)
State Environmental Planning Policies (SEPP)
Regional Environmental Plans (REP) N/A
Local Environmental Plans (LEP)
Comment: AHSEPP: The proposed boarding house development does not contravene any State Plans or policies. The proposal is consistent with the relevant standards and requirements contained in the AHSEPP. In general, the proposed building is considered to provide a good level of residential amenity to the proposed boarding house and forms an acceptable relationship with adjoining heritage building, surrounding properties and the local residential area. Refer to Attachment 3 – State Environmental Planning Policy (Affordable Housing) 2009 Assessment Summary for a detailed discussion.
SEPP (BASIX): The proposed development has provided a Section J BCA report in place of a BASIX certificate to satisfy provisions of SEPP (BASIX).
SREP (Sydney Harbour Catchment) (deemed SEPP) & DCP: There is no specific matter contained in SREP (Sydney Harbour Catchment) that is applicable to the proposed development.
SEPP 55 (Remediation of Land): There is no specific matter contained in SEPP 55 (Remediation of Land) that is applicable to the proposed development.
WLEP 2012: The proposed boarding house development complies with the relevant Development Standards and Zoning objectives applicable to the R2 – Low Density Residential Zone contained in WLEP 2012.
(a)(ii) The provision of any draft environmental planning instrument (EPI)
Draft State Environmental Planning Policies (SEPP)
Draft Regional Environmental Plans (REP) N/A
Draft Local Environmental Plans (LEP) N/A
Comment: The Department of Planning is reviewing the AHSEPP 2009, including the boarding house provisions as part of the wider SEPP review program. The proposed development application was submitted prior to the ongoing reviews and possible amendments are not applicable.
Matters for Consideration Under S.4.15 (79C) EP&A Act Considered and Satisfactory Considered and Unsatisfactory and Not Relevant
N/A
Comment: AHSEPP overrides local controls to ensure that as long as a proposal complies with a number of standards, ‘a consent authority must not refuse consent to development to which this Division applies’. Subclause 29(2) the AHSEPP also specifies standards in relation to building height, landscaped area, solar access, private open space, parking and accommodation size that cannot be used as grounds for refusal if the boarding house meets minimum criteria - the proposal complies except for a minor encroachment of the building envelope due to the steep fall of the natural land characteristics.
Clause 94 EP&A Regulation-Fire Upgrade of Existing Buildings
Comment: The matters prescribed by the regulations are addressed via conditions of consent for both existing and proposed boarding house buildings to comply with all required fire & safety upgrades, building code, parking and accessibility requirements per Australian standards.
Matters for Consideration Under S.4.15 (79C) EP&A Act Considered and Satisfactory Considered and Unsatisfactory and Not Relevant
N/A
Comment: Specific issues raised in the public submissions are further discussed in Attachment 4 – Notification Issues section of this report. The submissions relate primarily to amenity impacts to the adjoining residential homes and the cumulative impacts of too many boarding house developments, traffic and parking in the Chatswood area. Regarding the amenity impacts to the adjoining neighbours, it is considered that there will be no unreasonable amenity impacts from this building as outlined in the discussion above. Regarding negative social connotations, overcrowding and overdevelopment in the Chatswood area, this is more an issue for a changing social and demographic profile of the community and increased demand for more variety and affordable dwellings.
(c) The suitability of the site for the development
Does the proposal fit in the locality?
Are the site attributes conducive to this development?
Comment: The subject site is zoned for Low Density Residential development and is in proximity to the Chatswood CBD. The proposal fits into the locality which contains residential buildings of a similar bulk and scale.
(d) Any submissions made in accordance with this Act or the regulations
Public submissions
Submissions from public authorities N/A
Comment: Issues of concern raised in the public submissions received are discussed in Attachment 5 – Notification Issues section of this report.
(e) The public interest
Federal, State and Local Government interests and Community interests
Comment: The AHSEPP was introduced with the aim of increasing the supply and diversity of rental and social housing in New South Wales.
Compliance with Plans or Policies
State Environmental Planning Policy (Affordable Rental Housing) (AHSEPP) 2009
The application is lodged pursuant to the AHSEPP. The State Environmental Planning Policy (Affordable Rental Housing) (AHSEPP) 2009 was first introduced in July 2009 with the aim of increasing the supply and diversity of rental and social housing in New South Wales. A. (1) Site’s Accessibility requirements
Part 2 Division 3 Clause 4 Interpretation - general of the AHSEPP reads:
(1) In this Policy: accessible area means land that is within: (a) 800 metres walking distance of a public entrance to a railway station or a wharf from which a Sydney Ferries ferry service operates, or
(b) 400 metres walking distance of a public entrance to a light rail station or, in the case of a light rail station with no entrance, 400 metres walking distance of a platform of the light rail station, or (c) 400 metres walking distance of a bus stop used by a regular bus service.
The Act means the Environment Planning and Assessment Act 1979: “walking distance means the shortest distance between two points measured along a route that may be safely walked by a pedestrian using, as far as reasonably practicable, public footpaths and pedestrian crossings”.
The site is within 350m walking distance of a bus stop on the western side of the Pacific Highway near Sutherland Road going to Chatswood train station, however 550m of a bus stop on the eastern side of the Pacific Highway near Gordon Avenue or Mowbray Road coming from Chatswood train station. Given that the proposal consists of alterations and additions to an existing boarding house which Council records indicate that is has had this use since late 1960’s early 1970’s and that the main standards for development within the zone of Part 2 Division 3 of the AHSEPP 2009 have been met accordingly, the site is supported to be in an accessible area. B. Permissibility and main standards for development within the zone
Part 2 Division 3 Clause 26 Land to which Division applies of the AHSEPP stipulates that Division 3 Boarding Houses of the AHSEPP applies to land in (b) Zone R2 Low Density Residential.
Clause 29 of the AHSEPP sets out a number of standards that cannot be used as grounds to refuse an application for a boarding house. Subclause 29(1) provides that a consent authority must not refuse consent to development to which this Division applies on the grounds of density or scale if the density and scale of the buildings when expressed as a floor space ratio are not more than: (a) the existing maximum floor space ratio for any form of residential accommodation permitted on the land.
The maximum R2 Low Density Residential Floor Space Ratio (FSR) is 0.4:1 and Height of Building (HOB) is 8.5m. The proposal has an FSR of 0.37:1 and HOB 6.44m and considered to satisfy the main development controls of the Willoughby LEP 2012. C. Access, Mobility and Adaptability
Part 2 Division 3 subclause 29 Standards that cannot be used to refuse consent of the AHSEPP requires “at least 0.2 parking spaces are provided for each boarding room” in the case of a development taking place in an accessible area.
The proposals two (2) additional car parking spaces subject to conditions, meet the requirements of the AHSEPP.
Part 2 Division 3 Clause 30 Standards for boarding houses of the AHSEPP requires: (h) at least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms.
The proposal has an additional two (2) motorbikes and two (2) bicycle parking spaces subject to conditions, satisfying the requirements of the AHSEPP. Council has imposed conditions of consent for a total number of five (5) car, five (5) motorbike and five (5) bicycle parking spaces to be provided for the existing and new boarding house on the one allotment in order to fully meet the AHSEPP standards.
Additionally, on 1 May 2011 the Commonwealth Disability (Access to Premises – Buildings) Standards 2010 (Premises Standards) was introduced and adopted into the BCA as well as state-based legislation. The Premises Standards applies to new Class 1b buildings and sets out clear parameters for access requirements. The following are the typical access provisions required for a Class 1b building:
• Continuous accessible paths from the main pedestrian entries into the site; • An accessible car parking space (where on‐site parking is provided); • A continuous accessible path from the car park to the entrance; • An accessible entrance into the building via the principal entrance doorway.
Subject to conditions of consent contained in the Schedule of Conditions (Attachment 1), the proposal addresses access requirements, further details to be provided on the Construction Certificate plans. The Building Code of Australia (BCA) classifies the building as Class 1B if:
“Boarding/guest house or hostel not exceeding 300m² and not more than 12 people reside.”
The proposed boarding house has a total floor area of 265m2 and will provide accommodation for a maximum of 12 adult lodgers. Consequently, the proposal satisfies the performance criteria and intent of the Class 1B classification. A “Class 3 – a residential building, other than a building of Class 1 or 2, which is a
common place of long term or transient living for a number of unrelated persons. Examples include a boarding house, hostel, backpackers accommodation, guest house or residential part of a hotel, motel, school or detention centre”.
The distinction in classification is important in understanding design and safety requirements for boarding houses as they vary for each class. It should be noted that, the two united boarding houses on the one allotment have a total floor area of 677.84m² and will provide accommodation for a maximum of 26 adult lodgers. The assessment of the proposal has been undertaken on the basis of being a Class 3 building (more than 12 lodgers). Council consent conditions included in the Schedule of Conditions Attachment 1 require that both the new and existing buildings comply with all necessary fire & safety upgrades, BCA, parking and accessibility requirements.
Part 2 Division 3 Clause 30 Standards for boarding houses of the AHSEPP requires: Accommodation Size (f) if each boarding room has a gross floor area (excluding any area used for the purpose of private kitchen or bathroom facilities) or at least:
(i) 12m2 in the case of a boarding room to be used by a single lodger, or (ii) 16m2 in any other case and;
Clause 30 (c) specifies that no boarding room will be occupied by more than 2 lodgers
The proposal has 8 rooms with at least 12m2 to be used by single lodgers and 2 rooms with at least 16m2 to be used by two adult lodgers. The proposal is considered to provide accommodation for an additional of 12 adult lodgers.
Part 2 Division 3 Clause 29 Standards that cannot be used to refuse consent of the AHSEPP reads:
(d) “A boarding house may have private kitchen or bathroom facilities in each boarding room” and; Clause 30 (d) specifies that “adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger”.
The proposal has kitchenette and bathroom facilities in 5 rooms, 2 rooms with own en-suite in addition to the common facilities provided. The proposed development satisfies the requirements.
D. Standards for Boarding Houses
Part 2 Division 3 Clause 30 (e) A consent authority must not consent to development to which this division applies unless it is satisfied of each of the following: “if the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on-site dwelling will be provided for a boarding manager” and; Clause 29 (d)(ii) specifies that “one area of private open space of at least 8m2 within a minimum dimension of 2.5 m is provided adjacent to that accommodation”.
The development includes two united boarding houses on the one allotment and will provide accommodation for a maximum of 26 adult lodgers. A separate boarding room with ensuite, office, parking and open space are provided for the boarding manager. The proposed development satisfies the requirements. E. Local Character The "local character" test was introduced to the AHSEPP via amendments made on 20 May 2011 (the 2011 Amendments). Clause 30A Character of local area in Division 3 Boarding Houses of the AHSEPP reads:
“A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.”
In order to test whether a proposal is compatible with its context and meets the "local character" test, two questions should be asked:
(i) Are the proposal's physical impacts on surrounding developments acceptable? The proposal adopts the form of a traditional 2 storey dwelling house, to blend and respond to the character of the residential streetscape on Ivy Street and adopts certain forms, massing and materials of the existing grand heritage estate building. The proposal observes the location and orientation of the site. It provides for greater setback from the south boundary, steps the building and lowers the permitted height in order to minimize overlooking and overshadowing to the property to the west at 1 Ivy Street.
(ii) Is the proposal's appearance in harmony with the buildings around it and the character of the street?
The proposal is in harmony with its surroundings by the relationship of its built form to the surrounding space and the surrounding building forms in terms of height, setbacks, bulk, landscaping, architectural style and materials. It has appropriately addressed the streetscape on Ivy Street and established local pattern, providing for an appropriate contextual fit to the character of the area. The proposal meets the "local character" test and overall complies with the controls of the ARHSEPP.
Willoughby Local Environmental Plan 2012 (WLEP 2012) and WDCP The subject site is zoned Zone R2 - Low Density Residential under the provisions of WLEP 2012. The proposed works are permitted with Council consent as they are classified as the construction of a two-storey plus attic addition ten room boarding house. The subject site is identified as a local heritage item in Schedule 5 of the WLEP 2012 and it is not in a heritage conservation area.
1) Height of Buildings (WLEP 2012): The maximum HOB is 8.5m. The proposal has a maximum of 6.44m and considered to satisfy the development control.
2) Floor Space Ratio (WLEP 2012): The maximum FSR is 0.4:1. The proposal has a maximum of 0.37:1 and considered to satisfy the development control.
The State Environmental Planning Policy (Affordable Rental Housing) (AHSEPP) 2009 overrides WLEP 2012 requirements. Notwithstanding, the proposed development is compliant with the main controls of WLEP 2012, achieving a HOB and an FSR that comfortably sit within the maximum permitted height and FSR.
Figure 2: East elevation showing existing and proposed building heights
Figure 6: Photo montage of the proposals bulk and scale to West Boundary With that in mind, the bulk and scale of the proposed development are acceptable in the context, taking into account the main development standards, the architectural style adopted and the existing urban context. The proposed external materials, colour palette and finishes are also found to be acceptable by Councils heritage officer. A condition of consent ‘safer by design’ will ensure that appropriate site lighting is provided to common areas in accordance with the requirements of the relevant Australian Standards and adequate signage will identify common facilities, entry/exit points and movement within the development. A Plan of Management detailing solutions for potential operational management issues associated with the proposed boarding house has been prepared and accompanies the application. A condition of consent will require further details to be included and regular revision of the Plan to be carried out.
![(RE Name Address Phone E-mail C) Debit/ Credit card C]VISA ... · Tel. 213 389 1981 Fax. 213 389 1943 Toll Free 1 855 314 9100 CGNFoundation@gmail.com Card No. Exp. Date Name on card](https://static.documents.pub/doc/80x56/601c15edf1ae4631a8389d5b/re-name-address-phone-e-mail-c-debit-credit-card-cvisa-tel-213-389-1981.jpg)