Disclaimer Every effort has been made to provide accurate and complete information.
However, Shoalhaven City Council assumes no responsibility for any direct, indirect, incidental, or consequential damages arising from the use of information in this document.
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No part of this publication may be reproduced in any form, or stored in a database or retrieval system, or transmitted or distributed in any form by any means, electronic, mechanical photocopying, recording or otherwise, without written permission for Shoalhaven City
2.1.1. Residential 2(a1), 2(c) and 2(e) Zones (other than land that is flood liable and land affected by coastal instability) ............................................................................... 29
2.1.2. Residential 2(a1), 2(c) and 2(e) Zones (other than land that is flood liable and land affected by coastal instability) ............................................................................... 29
3.2.1. Dual Occupancy in Unsewered Areas .................................................................. 30 3.2.2. Development in Drinking Water Catchments ........................................................ 30
3.3. Building Standards ....................................................................................... 30
3.3.1. Building Code of Australia ..................................................................................... 30 3.3.2. Dual Occupancy Development in Bushfire Prone Land ........................................ 31
APPENDIX A – Definitions ..................................................................................................... 32
APPENDIX B – Dual Occupancy Development Setbacks ..................................................... 34
APPENDIX C – NSW Land and Environment Court’s Planning Principles on Impact on Solar Access of Neighbours ................................................................................... 39
APPENDIX D – NSW Land and Environment Court’s Planning Principles on View Sharing and the Impact on Neighbours [Excerpt from Judgement on Tenacity Consulting v Waringah (2004) NSWLEC 140] .............................................. 41
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PART 1. ABOUT THIS PLAN
Dual occupancy development provides opportunities to develop two dwellings on one lot, either as attached or detached dual occupancy. This may take the form of conversion of part of an existing dwelling to a second dwelling; additions to an existing dwelling for the purpose of a second dwelling or two detached dwellings. 1.1. Aims • To allow for the optimal use of land for residential purposes; • To allow for the better use of existing services and facilities, including utility services,
transport systems and community facilities and maintain and enhance the amenity of existing and future residential areas;
• To increase the range of available housing choices; • To allow opportunities for home owners to receive rental income or provide relatives
with self-contained accommodation; • To respond to demographic needs, specifically in relation to the ageing population; and
implement agreed strategic direction; eg, Shoalhaven Housing Strategy 2006; • Ensure a high standard of dual occupancy development throughout the City; • To encourage the subdivision of dual occupancy development in appropriate locations,
(being those in close proximity to commercial centres and services); and • To ensure appropriate standards and controls are in place to guide the subdivision of
dual occupancy development. 1.2. Land to Which this Plan Applies This Development Control Plan (DCP) applies to zones under the Shoalhaven Local Environmental Plan (SLEP) 1985, where dual occupancy development is permissible; ie: Rural 1(a), Rural 1(b), Rural 1(c1), Rural 1(c2), Rural 1(c3), Rural 1(d), Residential 2(a1), Residential 2(a2), Residential 2(a3), Residential 2(b1), Residential 2(b2), Residential 2(c) and Residential 2(e) zones. Notes: i) Detached dual occupancy development is not permitted on land zoned Residential
2(a2), Residential 2(a3), Rural 1(a), Rural 1(b), Rural 1(c1), Rural 1(c2), Rural 1(c3) and Rural 1(d) zones. Only attached forms of dual occupancy development are permitted in these zones.
ii) Clause 18 of SLEP 1985 prescribes that in Residential 2(b1) and Residential 2(b2)
zones dual occupancy development is not permissible, unless: • The allotment of land is less than 800m2; and • The amalgamation of that allotment with other land in that zone for medium density
development is not feasible. 1.3. Deferred areas Some parts of Shoalhaven have not yet been zoned under (SLEP) 1985. These areas retain their zoning under Interim Development Order (IDO) No 1. Where dual occupancy is legally
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permitted under the IDO, development will be subject to the provisions of this DCP and may also be subject to further controls, depending on the nature of the area. 1.4. How does this Plan Relate to Other Environmental Planning Instruments
(EPIs), DCPs, Council Policies The Environmental Planning and Assessment Act 1979, (EP&A Act 1979) requires a DCP to be consistent with SLEP 1985 and in the event of any inconsistency, the provisions of SLEP1985 shall prevail. This Plan should be read in conjunction with the provisions of the following EPIs, DCPs and policies, including but not limited to:
(a) SLEP1985; (b) Draft SLEP 2009; (c) State Environmental Planning Policy (SEPP) (Affordable Rental Housing) 2009; (d) Deemed SEPP - Drinking Water Catchments (e) NSW Sea Level Rise Policy Statement, 5 November 2009; (f) Council’s Policy on Coastal Instability Lines - adopted 28 July 2009 based on
SMEC, July 2009, Shoalhaven Coastal Zone Management Plan: Coastal Hazard Study Summary Report July 2009 and SMEC, August 2008, Shoalhaven City Council Coastal Slope Instability Hazard Study – Final Report;
(g) Draft DCP 118 – Areas of Coastal Management; (h) DCP 100 – Subdivision Code; (i) DCP 48 – Culburra Beach; (j) DCP 62 – Residential Development in Foreshore Areas; (k) DCP 78 – On-site Sewage Management; (l) DCP 106 – Floodplain Management; (m) DCP 18 – Car Parking Code; and (n) Shoalhaven Section 94 Contributions Plan.
1.5. Structure of this Plan This Policy has adopted the use of a performance-based format which concentrates on matters to be considered in preparing, or assessing, a design (called performance criteria) in order to achieve a desired result (called the objective). Acceptable solutions are provided, as a means of addressing the criteria and achieving the objectives. This approach is based upon performance rather than specifying only prescriptive standards, in order to achieve a higher standard of dual occupancy development. In preparing a design and an application under this DCP, there are a number of specific steps which should be followed: Step 1: Check the zoning of the site under SLEP 1985. Step 2: Determine whether any other DCP or Council Policies apply to the site and the
proposal. Step 3: Carefully work through the Design Elements in Part 2 of this DCP. The Design
Elements work down from the broad considerations of neighbourhood and
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streetscape to detailed considerations within the development site. In this context, designers should work through the following steps.
Step 5: Read the Objectives of the particular Design Element. Step 6: Read the Acceptable Solutions provided. If the proposal complies with the
Acceptable Solutions, the proposal will be deemed to comply with the Objectives of the particular Design Element and Performance Criteria.
Step 7: If the proposal does not comply with the Acceptable Solutions, the proposal must
demonstrate compliance with the Objectives of the particular Design Element and Performance Criteria. This may be addressed in the Statement of Environmental Effects or a submission submitted to Council with the DA. It may also be necessary to submit additional evidence, such as shadow diagrams streetscape analysis or a report from a qualified person to demonstrate that the proposal will comply with the Performance Criteria or the Objectives of the particular Design Element.
1.6. Implementation The Plan will be implemented by the Development and Environmental Services (DES) Group through the assessment of development applications. 1.7. Review This Plan will be reviewed within one year of the election of every new Council. 1.8. Application of Ecologically Sustainable Development (ESD) Principles The Plan has regard to ESD principals. It aims to mitigate the harmful effects of development and enhance the built and natural environment. 1.9. Disclaimer In certain circumstances Council reserves the right to make modifications to this DCP after its adoption without further consultation. Such circumstances are limited to modifications that will not alter the substance or intent or requirements of the adopted plan and may include correction of typographic errors, changes to internal procedures relating to the plan, changes to document formatting, alterations to appendices that do not form part of the actual plan, amendments resulting from changed or new legislation or consequential to the adoption by Council of another policy, etc. Every effort has been made to provide complete and accurate information. However, Shoalhaven City Council assumes no responsibility for any direct, indirect incidental or consequential damages arising from the use of information in this document. 1.10. Abbreviations Used in this Plan
• BCA Building Code Of Australia • CC Construction Certificate • DA Development Application • DCP Development Control Plan
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• EP&A Act Environmental Planning and Assessment Act, 1979 • OSD On-Site Detention • REP Regional Environmental Plan • LEP Local Environmental Plan • SLEP Shoalhaven Local Environmental Plan • SPP Shoalhaven Planning Policy • WSUD Water Sensitive Urban Design
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PART 1. DESIGN ELEMENTS
It is Council’s intention to encourage well designed and innovative dual occupancy development. For this reason the following provisions focus more on the purpose of design criteria than on numeric development standards, although in some cases these are necessary to achieve the objectives of the design elements. 1.1. Minimum lot sizes Objectives O1. To ensure that dual occupancy development is carried out on appropriate sized
allotments; O2. To ensure that dual occupancy development does not result in perceived high density
development; O3. To allow sufficient area for the provision of landscaped areas, private recreation areas,
car parking, services, on- site effluent disposal where required, etc; O4. To reduce visual impacts of dual occupancy development and provide privacy to
adjoining properties by allowing adequate open space and separation of the built form; and
O5. To preserve and enhance the amenity and environmental character of the locality; and O6. Consistent and fair decision-making to minimise adverse impacts on residents.
Performance Criteria
Acceptable Solution
P1. Lot sizes make adequate provision for
building footprint, landscaping, car parking, driveway, private recreation areas, manoeuvring on sites, setbacks, services, on-site effluent disposal where required and minimise adverse amenity impacts, consistent with the streetscape character of the locality.
P2. Where a reticulated sewerage scheme
is not available, the minimum lot size shall accommodate on-site sewerage storage and disposal, in accordance with DCP 78 – On-site Sewage Management.
P3. Lot sizes for dual occupancy
development do not undermine the integrity of existing or desired future neighbourhood character and enable consistent and visually harmonious development within the locality.
A1. Attached dual occupancy – minimum lot size 500m2.
A2. Detached dual occupancy – minimum
lot size 700m2. Note 1: For subdivision of dual occupancy development, Part 2 of this DCP contains provisions for minimum resultant lot sizes for the subdivision of dual occupancy applicable to certain localities. Note 2: Minimum lot sizes where reticulated sewerage scheme is not available shall be increased to accommodate on-site disposal of effluent in accordance with DCP 78.
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1.2. Height and Bulk Controls Objectives O1. Dual occupancy development will not have significant adverse impact on the amenity
of adjoining properties. O2. To minimise the visual impacts of obtrusive development which exaggerate the built
form and impact negatively on desired future streetscapes. O3. To ensure that scale and form of dual occupancy development is compatible with the
existing or desired future environmental character within the locality.
Performance Criteria
Acceptable Solution
P1. The height and bulk of dual occupancy
development is compatible with the existing or likely future character of the area.
P2. To minimise adverse impacts
associated with overlooking and overshadowing of adjoining properties.
P3. Within rural zones, buildings shall be
of a height and bulk that is compatible with the rural context in which they are located.
A1. Buildings are contained within a building envelope with a maximum overall height of 8.5m above natural ground level as shown in Figures 3a), 3b) and 3c).
A2. In the case of detached dual occupancy
development, the dwelling furthest from the street or in the case of a corner lot the dwelling adjacent to the side street shall be of single storey construction and have a maximum height from natural ground level to the underside of eaves at any point of 3.6m (See Figure 2).
A3. Development on wedged-shaped lots
within cul-de-sacs shall maintain a single dwelling street presentation.
Figure 2
Note that dual occupancy development on foreshore lots are required to comply with Siting and Design requirements of DCP 62 – Residential Development in Foreshore Areas and dual occupancy development in areas of coastal instability are required to comply with
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Performance Criteria
Acceptable Solution
draft DCP 118 – Areas of Coastal Management . A4. In relevant rural zones, both dwellings
shall be attached and form an integrated building design.
A5. In Rural 1(a), 1(b), 1(c1), 1(c2), 1(c3),
1(d) zones any extension to an original dwelling (to permit dual occupancy), shall be physically attached and have a compatible design relationship with the existing dwelling house; characterised by a continuous or complementary roof profile with identical pitch resulting in the appearance of a single dwelling-house.
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Figure 3a) – Building envelope - level site
Figure 3b) – Building envelope – sloping site
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Figure 3c) – Building envelope – steeply sloping site
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1.3. Density Controls Objectives O1. To minimise adverse impacts of higher density development in low density residential
areas; O2. To ensure new development is compatible with existing or desired future character;
and O3. To avoid compromising the existing amenity and character of urban areas and
villages.
Performance Criteria
Acceptable Solution
P1. The scale of dual occupancy
development is compatible and consistent with surrounding built forms; and is sympathetic with the streetscape and complements the existing and likely future character of the area.
A1. The maximum floor space ratio for any dual occupancy development on lots of 1000m2 or less is 0.5:1 (total gross floor area : site area) - See Figure 4 – Floor Space Ratio Diagram.
Figure 4 – Floor Space Ratio Diagram
Note: A concession of up to a maximum of 50m2 for the combined total of garage floor area may be excluded from the gross floor area calculation where the garages are within the dwellings. A2. For lots greater than 1000m2 and less
than 20000m2 (2ha) in area, in residential and Rural zones, the maximum total gross floor area of the dual occupancy development shall not exceed 500m2.
A3. For lots greater than 20000m2 (2ha) in
area in Rural zones, the maximum total gross floor area of the dual occupancy development shall not exceed 600m2.
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1.4. Setbacks Objectives O1. To provide practical building envelopes for dual occupancy development; O2. To reduce visual impacts on the streetscape and ensure sympathy with adjoining
development; O3. To allow adequate separation between adjoining properties; O4. To facilitate privacy and solar access for residents of the dual occupancy and
adjoining properties; and O5. To retain the amenity of public open spaces.
Performance Criteria
Acceptable Solution
P1. Buildings are so located, and are of
such length and height that there is no significant loss of amenity to adjoining development through loss of privacy, views, overshadowing, solar access or the like.
P2. The location, siting, height and bulk of
the building complements the existing setbacks in the vicinity of the site, foreshore (if applicable), and the streetscape generally.
P3. The location of the building will not
create an undesirable precedent that can be used to undermine the integrity of existing building lines.
P4. The location of existing buildings on
the site or other site constraints, such as topography or the shape of the allotment, prevents compliance with the Acceptable Solutions.
P5. The location and type of construction
of the building complies with the other relevant policies, such as Planning for Bushfire Protection and DCP 62 - Residential Development in Foreshore Areas.
P6. The proposal provides/maintains
adequate levels of light and ventilation to adjoining buildings, landscaping, and protects service infrastructure.
A1. Compliance with setback provisions contained in Appendix B of this DCP.
A2. For rear and side setbacks for corner
lots, see Figure 5. Notes: i) The acceptable setbacks may need to be
increased depending upon factors such as land slopes; requirements for Asset Protection Zones and on unsewered residential lots, effluent disposal areas must be contained wholly within the lot boundaries.
ii) Where it may be proposed to subdivide a dual occupancy development proponents should refer to DCP 100 – Subdivision Code in respect of lot sizes and localities where subdivision may be permitted.
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Performance Criteria
Acceptable Solution
P7. The proposal provides/maintains
adequate provision for on-site carparking within driveways.
P8. The proposal maintains adequate
sight distances for vehicles and pedestrians.
P9. Buildings are of an appropriate
setback and building scale relative to the street reserve width.
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Figure 5 – Rear and side setbacks for Corner Lots: Formula for calculating front setback of “rear” dual occupancy (D/O) on corner lots where the “rear” D/O fronts a secondary road
ExistingDwelling
ExistingDwelling
ExistingDwelling
or new D/O
Rear D/O
*Garage
Rear D/O
ExistingDwelling
3.0m
“Predominant” front setback
Rear Yard
Rear 3.0m setbackto protect amenity
of adjoining rear yard
Existing dwelling
“Front” D/O
“Rear” D/O
Averagerear setback
3.0m
Average of front dwellingsetback to the side street
and front dwelling setback for
resultant “rear” D/O
X = A+B2
Sec
onda
ry r
oad
Main road
X
B
A
*Garage
*Garage - Min 5.5m front setback from secondary street frontage
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1.5. Cumulative impacts Objectives O1. To minimise the occurrence of cluster or grouped dual occupancy development; and O2. To minimise the impact on adjoining or adjacent properties, by considering the
cumulative impacts of dual occupancy development.
Performance Criteria
Acceptable Solution
P1. The number, location and distribution
of existing and proposed dual occupancy developments do not significantly alter the amenity and character of the area through concentrated localised areas of higher density.
P2. Architectural or design features are
included to avoid repetition and use of a single design approach.
A1. No more than three (3) consecutive dual occupancy development permitted within a cul-de-sac or street. Note: Cul-de-sac in this context refers to the entire street leading to and including the turning area of the cul-de-sac.
A2. For corner allotments detached
dwellings shall have separate road presentation and driveway access.
A3. Design of dual occupancy
development shall attempt to reduce the impact of multiple dual occupancy by providing individual dwelling architecture, sympathetic with the existing or desired future streetscapes.
1.6. Energy Efficiency and Solar Access Objectives O1. To minimise impacts on amenity of adjoining residents through overshadowing; and O2. To provide reasonable levels of solar access to neighbouring properties and to
residents of the dual occupancy.
Performance Criteria
Acceptable Solution
P1. Dwellings are designed and sited to
maximise solar access to the north-facing windows of living areas and principal areas of open space having regard to slope, views, existing vegetation and overshadowing.
P2. Dwellings are designed and sited to
minimise the overshadowing of
A1. NSW Land and Environment Court’s Planning Principles on Impact on Solar Access of Neighbours in Appendix C.
A2. Compliance with the requirements of
the NSW Building Sustainability Index (BASIX). (Refer www.basix.nsw.gov.au)
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Performance Criteria
Acceptable Solution
neighbouring dwellings, such that the impact on adjoining residences is not unreasonable.
P3. Dual occupancy development is
designed to achieve efficient use of energy and water and to provide thermal comfort to occupants.
P4. Landscape design assists in micro-
climate management and conservation of water.
1.7. Privacy and Views Objectives O1. To minimise impacts on amenity of adjoining residents through overlooking and
exposure to unacceptable noise levels; and O2. To provide adequate privacy for residents of the dual occupancy development.
Performance Criteria
Acceptable Solution
P1. The views of residents and of existing
dwellings in proximity are not unreasonably affected.
P2. The visual privacy of indoor living
areas and principal private open space is protected.
P3. Direct overlooking of main internal
living areas and principal private open space of other dwellings is minimised by building layout, location and designs of windows, balconies, screening devices, landscaping or other effective means.
A1. Buildings shall be designed and orientated to minimise overlooking of adjoining dwellings and private recreation areas.
A2. Any reduction in views from existing
dwellings is not considered severe or devastating based generally on the NSW Land & Environment Court Planning Principle (see Attachment D – Excerpt from Tenacity Consulting v Warringah Council [2004] NSWLEC 140)
A3. Direct views between living area
windows of adjacent dwellings are screened or obscured where ground and first floor windows are within an area described by taking a 9m radius from any part of the window of the adjacent dwelling. An area so defined is described as a “privacy sensitive zone”.
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Performance Criteria
Acceptable Solution
Note: For the purposes of A3, a living area includes living, dining, entertainment or other recreation areas or rooms, but does not include bedrooms, studies, bathrooms or other amenities.
A4. Direct views from living areas of
dwellings into the principal area of private open space of other dwellings are screened or obscured within a privacy sensitive zone with a radius of 12m.
A5. Direct views described in A3 and A4
may be obscured by one of the following measures:
• 1.8m high solid fence or wall
between ground floor level windows or between a dwelling and open space;
• Screening that has a maximum area of 25% openings, is permanently fixed and is made of durable materials; and/or
• Screening devices incorporating opaque materials and/or vertical or horizontal fixed louvers or the like that provide an effective screen; and/or
• Landscape screening either by existing dense vegetation or new planting that can achieve sufficient screening effectiveness within three (3) years (See Figure 6).
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Figure 6 – Landscape screening
Source: AMCORD, Commonwealth of Australia, 1995
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1.8. Landscaping Objectives O1. To soften the visual impacts of development; O2. To enhance the urban streetscape; O3. To provide and amenable living environment and privacy for residents of dual
occupancy development and their neighbours; and O4. To preserve existing tree cover.
Performance Criteria
Acceptable Solution
P1. The location of landscaping and the
types and numbers of proposed plants will enhance the streetscape and complements good quality surrounding development.
P2. Proposed landscaping will not have a
significant detrimental impact on the amenity of adjoining development.
P3. Proposed landscaping is designed to
contribute to the effective management of surface water on the site.
A1. A minimum of 30% of the total site shall be provided as landscaped area
A2. A concept landscape plan shall be
provided with the DA detailing the location of landscaped areas and shall include the number, location and indicative plant species.
A3. Existing vegetation and natural
landforms are retained where possible.
A4. Deciduous trees are proposed where
landscaping will impact on winter sunlight to adjoining properties.
A5. Include areas of deep soil plantings to
facilitate on-site absorption of surface runoff.
A6. Proposed turf and garden beds are
strategically located adjacent to hard surfaces to slow surface water flow velocity.
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1.9. Car Parking, Vehicular Access and Vehicular Movement Objectives O1. To provide safe and adequate vehicular access and on-site parking for the
development; and O2. To reduce the incidence of kerb-side parking particularly in areas where high traffic
volumes or narrow pavement widths exist.
Performance Criteria
Acceptable Solution
P1. The development provides sufficient
off-street car parking to accommodate the needs of occupants and visitors.
P2. Vehicular access to and from the site
and vehicle manoeuvring within the site is safe for occupants, pedestrians, cyclists and vehicles and does not impact unreasonably on the availability of vehicle parking on the public street.
A1. A minimum of one on-site car parking space shall be provided behind the building line for each dwelling having a gross floor area of 125m2 or less, except where the dwelling contains three bedrooms or rooms capable of use as a bedroom, where two car spaces shall be provided behind the building line.
A2. A minimum of two on-site car parking
spaces shall be provided behind the building line for each dwelling having a gross floor area exceeding 125m2.
A3. Where the lot is located in a cul-de-
sac at least two on-site car spaces shall be provided for each dwelling. At least one on-site car space shall be provided behind the building line.
Note: For A1-A3 i) The internal dimensions for a single car
space is 2.6m x 5.5m and 3.0 x 5.5m if enclosed by a wall or post supports and for a two car space within a garage or where there is a wall or post adjacent, the space is 5.8m x 5.5m. Dimensions are to be clear of construction elements or obstructions.
ii) Stack parking is not encouraged A4. For lots fronting main roads,
manoeuvring areas will be required on site to allow vehicles to enter and leave the site in a forward direction.
A5. Where a dwelling does not have road
frontage or provision of parking is proposed at the rear of the
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Performance Criteria
Acceptable Solution
development, vehicular access shall be provided (having minimum width of 2.7m) to the dwelling or parking space(s). If subdivision is proposed, such access handles shall have a minimum width of 4.0m.
A6. Formed driveways, parking spaces
and manoeuvring areas shall be provided to a minimum all weather gravel standard.
Note: In situations where gravel surfaces are likely to create noise nuisance to adjoining residents or the site is steeply sloping other finishes may be required. A7. Concrete kerb and gutter to Council’s
specification for the full frontage of the lot together with a concrete layback and footpath crossing. In the case of corner allotments, kerb and gutter will be required on each road frontage of the dual occupancy development. (Contact Council’s Development Engineer for details).
A8. Both dwellings shall utilise a common
access point from the public road and an all weather driveway and parking space shall service both dwellings.
A9. Concrete footpath paving shall be
provided: • where there is an approved
Pedestrian Access and Mobility Plan (PAMP), or
• where required for pedestrian safety.
A10. In Rural 1(a), 1(b), 1(c1), 1(c2), 1(c3),
1(d) zones, no additional vehicular access point is required. Provision is made on-site for all weather driveway and parking spaces to service both dwellings.
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1.10. Private Recreation Areas (Principal Private Open Space) Objectives A1. To provide an attractive private and functional outdoor space for occupants of each
dwelling.
Performance Criteria
Acceptable Solution
P1. Private recreation areas are functional
and useable for occupants.
P2. The location or design of private recreation areas do not detrimentally impact on the amenity of adjoining properties or the streetscape.
A1. A minimum of 50m2 of functional private recreation area is to be provided on site for each dwelling. Portion of the area is to have minimum dimensions of 6m x 5m.
Note: areas with a dimension of less than 2.0m are not considered to be “functional” and should not be included the calculation for private recreation areas.
A2. Private recreation areas are to be
grassed or paved with functional gradients and adequately screened to provide privacy to occupants.
A3. The private recreation area is located
behind the front building line and adjacent to the dwelling with direct access from a living room.
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1.11. Design and Materials Objective O1. To integrate dual occupancy development with existing buildings and local character; O2. To ensure the scale and appearance of new development is compatible and
sympathetic to existing development in the locality, particularly where that locality or development site has heritage significance or distinctive character; and
O3. To provide low maintenance development which will retain an attractive appearance.
Performance Criteria
Acceptable Solution
P1. The building design, detailing, finish,
and the articulation and modulation of building facades visible from the street or public places provide visual interest that enhances the streetscape and complements good quality surrounding development and the local character.
P2. Garages and parking structures are
sited and designed so as to not dominate the street frontage.
P3. The design and orientation of the
dwellings enhance the streetscape and complement existing development in the vicinity.
P4. In rural areas of scenic value,
buildings shall complement the existing landscape rather than detract from the natural landscape values, particularly where visible from public vantage points.
P5. For external metallic wall and roof
materials, the suitability, colours and ability to minimise reflectivity is demonstrated.
P6. The selection of building materials and
the design complements the existing development and is sympathetic to the streetscape.
A1. The design of the building uses modulation and articulation of building elements to articulate facades and to minimise the length of unbroken walls and glazed areas.
Note: Mirror-reversed facades fronting the street are not encouraged.
A2. The cumulative width of garage facades addressing the street does not exceed 9.0m or 50% of the length of the frontage, which ever is the lesser.
A3. On corner allotments one dwelling
addresses the primary road and the other dwelling addresses the secondary road and includes not less than two of the following building elements in the street elevation of each dwelling:
• front entry door; • living room window; and • portico, verandah, deck or patio.
A4. In rural areas of scenic value, the
external building materials and colours blend with surrounding landscape.
A5. For external metallic wall and roof
surfaces the selected colours minimise reflectivity of the surface when viewed from a public place or another dwelling.
Note: The potential reflectivity of
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Performance Criteria
Acceptable Solution
metal roof and wall sheeting will be different depending on the use of galvanised iron, zincalume or a colorbond-type finish. The use of the former may be appropriate for Heritage buildings while a colorbond-type finish may be more appropriate in general building design.
A6. The selection of building materials and the design of additions to existing development relates to the form of the existing development utilising roof pitches, materials and external form.
Note: A6 is not applicable where it is demonstrated that it is not appropriate to maintain or replicate these design elements of the existing development.
A7. For Attached Dual Occupancy:
• Both dwellings shall be physically attached and such linkage shall form part of the roofline and result in a continuous roof profile with identical pitch and continuity of design for the whole building.
• Both dwellings shall be constructed
using the same materials and colours. Where a second dwelling is attached to an existing dwelling, similar materials and colours shall be used if identical materials are unavailable.
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1.12. Accessibility and Adaptable Housing Objectives O1. To ensure dual occupancy development is able to be adapted to suit the life-time
needs of occupants.
Performance Criteria
Acceptable Solution
P1. All new dual occupancy dwellings and
significantly altered dwellings are adaptable.
A1. All new dual occupancy dwellings and significantly altered dwellings shall comply with:
• Vehicle Parking – including level
hard surface (preferably covered); adequate space around parked vehicle for easy movement; accessible path connected to entry.
• Level entry – at least one level entry, preferably main entry to dwelling; no level change between internal and external; preferably covered, firm and slip resistant; 1550mm in front of entry door.
• Layout – on main entry level shall have living space, one large bedroom, kitchen and bathroom, laundry facilities; logical connection between room; good visibility for safety; no level changes on main entry level; general circulation space to move around furniture and fixtures.
• Doors – wide doorways throughout with spacious approaches and corridors (850mm min); any change of floor surfaces to be flush at doorways.
• Bathroom – level shower area; gently sloping floor from corners of room to single floor waste in shower; waterproof entire bathroom floor and 25mm above finished floor; reinforcement behind walls for future grab rail installation; the plumbing for basin waste to be fitted behind an internal wall; allow for generous space beside and in front of toilet.
• Handle and controls (including
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switches and GPO’s) locate within reach at a convenient height for use by a person sitting or standing; lever handles and are easy to activate with minimum force and manipulation.
• Safety and function – good visibility between all indoor and outdoor living areas; locks – all external doors keyed alike.
1.13. Stormwater Management Objective O1. To ensure the protection of public health and the natural environment including soils,
groundwater and surface waters.
Performance Criteria
Acceptable Solution
P1. The stormwater from roofed areas is
collected, stored and/or conveyed to appropriate discharge points or disposal areas.
P2. Paved areas associated with buildings
and driveways are graded and drained to minimise the discharge of surface water onto adjoining land.
P3. Pervious areas including landscaping
are utilised to reduce increased stormwater runoff.
A1. Roof water is collected by gutter and downpipe systems, or other equivalent means, and conveyed by pipes complying with Part 3.1.2 of the BCA to an approved discharge point, being either;
a) A gutter or table drain in a road
reserve, or b) A stormwater easement or
easement to drain water, or c) A disposal/absorption trench,
where (a) and (b) above are not available, or
d) A water tank / on-site detention system with an overflow connected to a disposal method in (a), (b) or (c) above.
A2. Surface water from paved areas
including driveways is directed to an approved discharge point (see A1 above) that minimises impact on adjoining properties.
A3. Where the area of buildings, pavement
and other impervious areas exceeds
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65% of the site area, the proposal is to include details of the methods to be used to harvest rainwater and minimise increased runoff to surrounding land and public stormwater infrastructure. The details should include assessment of pre-development and post development stormwater flows, and 50% of the proposed landscaped area should include deep soil plantings to encourage tree and shrub growth.
Note: Deep soil landscaping provides areas where surface water can infiltrate naturally to groundwater and can support future mature vegetation.
1.14. Flooding Objectives O1. To ensure dual occupancy development is not adversely affected by flooding for
development in flood-prone areas.
Performance Criteria
Acceptable Solution
P1. Dwellings and ancillary structures do
not impede the flow of floodwaters on flood liable land.
P2. The floor level of habitable rooms are
above the relevant flood planning level.
P3. The design of all buildings and
construction elements must resist the impacts of floodwaters.
P4. Access is provided to the dwelling
during times of localised flooding to assist evacuation.
P5. Site works and building structures
meet the standards of Council’s DCP 106 Floodplain Management; Interim Flood Policy; and adopted Floodplain
A1. The applicant to provide an appropriate report that demonstrates that the siting and design of the dwelling and structures does not impede the flow of floodwaters.
Note: In preparing this report consideration should be given to any Flood Studies and/or Floodplain Management Plans that have been completed but are not yet incorporated into DCP 106 Floodplain Management. A2. The floor levels of all habitable
rooms are above the 1% AEP Flood Event plus 500mm freeboard.
Note: A survey report prepared by a Registered Surveyor shall be submitted to
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Management Studies and Plans.
Note: Council does not favour any increase in population density in areas that have been identified as subject to high hazard flooding.
verify levels at application and at progressive stages of construction. A3. The applicant demonstrates that
design and structural integrity of the buildings will resist the impact of floodwaters.
Note: Structural Engineers report should be submitted to verify the design. A4. The applicant demonstrates that
access is available to the dwelling at times of localised flooding to enable evacuation of persons and access for emergency vehicles.
A5. Dual Occupancies to provide
accommodation for relatives of the owner, subject to the following provisions – a) Compliance with the construction standards for this area contained in Council’s Interim Flood Policy (Refer Minute No. 801 of April 20, 1990). b) Council will not support applications for any form of subdivision of Dual Occupancy Development on flood prone land.
1.15. Laundry Facilities Objectives O1. To ensure laundry facilities are integrate into dual occupancy development and not
detrimentally impact on streetscapes.
Performance Criteria
Acceptable Solution
P1. Suitable laundry and clothes drying
facilities are provided for each dwelling.
P2. The location and visibility of clothes
drying facilities does not detrimentally
A1. Separate laundry and clothes drying facilities are provided for each dwelling.
A2. Clothes drying facilities are located
behind the front building line and
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impact on the streetscape.
screened from view from the street.
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PART 2. SUBDIVISION OF DUAL OCCUPANCY DEVELOPMENT
Subdivision of a dual occupancy development requires a lot after subdivision to meet the standards contained in DCP 100 – Subdivision Code. In this regard, while a minimum resultant lot size created after subdivision is stated where subdivision may be considered, an applicant must be aware that existing constraints and the requirements of this DCP may result in a larger lot size being required to achieve an acceptable standard. The development shall meet the standards for all design elements of this DCP. 2.1. Essential Criteria 2.1.1. Residential 2(a1), 2(c) and 2(e) Zones (other than land that is flood liable and
land affected by coastal instability) The subdivision of dual occupancy development is only allowed in the zones Residential 2(a1), 2(c) and 2(e), within the following localities (also refer to DCP 100 – Subdivision Code), where the minimum resultant lot size after subdivision is 350m2 each allotment, from a parent lot of a minimum 700m2. The development shall meet the standards for all design elements prescribed in Part 1 of this DCP.
• Nowra • Worrigee • Sussex Inlet • Bomaderry • Vincentia • Mollymook • North Nowra • Huskisson • Mollymook Beach • West Nowra • Sanctuary Point • Ulladulla. • South Nowra • St Georges Basin
2.1.2. Residential 2(a1), 2(c) and 2(e) Zones (other than land that is flood liable and
land affected by coastal instability) The subdivision of dual occupancy development is only allowed in the zones Residential 2(a1), 2(c) and 2(e), within the following localities (also refer to DCP 100 – Subdivision Code), where the minimum resultant lot size after subdivision is 400m2 each allotment, from a parent lot of a minimum 800m2. The development shall meet the standards for all design elements prescribed in part 1 of this DCP.
• Callala Bay • Greenwell Point (excludes flood liable land) • Callala Beach • Shoalhaven Heads (excludes Hay Avenue ) • Culburra Beach
2.1.3. Rural 1(a), 1(b), 1(c1), 1(c2), 1(c3), 1(d) Zones Subdivision of dual occupancy development in Rural Zones is not permitted. Note: The subdivision of dual occupancy development is not permitted in areas where reticulated sewerage scheme is not available.
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PART 3. OTHER CONSIDERATIONS
3.1. Services Council will require dual occupancy development to be connected to water, sewer and electricity services where these are available. In areas where these services are not available the applicant will be required to provide alternatives to Council’s satisfaction. Details will be required with the DA. Where subdivision of dual occupancy is proposed and is permitted separate water meter, electricity meter and sewer connection shall be provided to each allotment. In some cases this may require the creation of easements over adjoining allotments to cater for such services. A Council maintained sewer line will be required to each lot boundary. Fees will be levied for the provision of water and reticulated sewer services in accordance with the Water Management Act 2000. In the case of detached dual occupancy the electricity service to the dwelling furthest from the street shall be underground. 3.2. Effluent Disposal 3.2.1. Dual Occupancy in Unsewered Areas Where a dual occupancy is proposed for an unsewered area the following effluent disposal requirements must be addressed: • The proposal must allow for a separate sewage management facility to service each
occupancy. • All wastewater must be accommodated on site unless the property meets the criteria for
provision of pumpout facilities in accordance with Council’s Effluent Pumpout Policy. • An onsite wastewater report must be submitted with the application that conforms to
DCP 78 - Onsite Sewage Management requirements. 3.2.2. Development in Drinking Water Catchments Water catchment areas in the Shoalhaven are subject to the provisions of the deemed SEPP - Drinking Water Catchments. This EPI affects all of the Kangaroo Valley area. deemed SEPP - Drinking Water Catchments requires that all development with a Drinking Water Catchments must be assessed to determine if the proposal will have a Negative or Beneficial Effect on water quality; ie, a NorBE test must be conducted. Such an assessment can be carried out as a part of the hydro-geological investigations carried out on the site by a suitably qualified consultant. Any development applications that require a NorBE test may be referred to the Sydney Catchment Authority for further assessment. 3.3. Building Standards 3.3.1. Building Code of Australia When preparing construction certificate plans for dual occupancy development, the requirements of the Building Code of Australia (BCA) regarding fire ratings and noise
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transmission need to be taken into account. Details may be obtained from the Building Section of Council’s DES Group. Please note, subdivision of land under the Community Land Development Act 1989, is subject to the provisions of the BCA. 3.3.2. Dual Occupancy Development in Bushfire Prone Land Where the land is in a bushfire prone area, the buildings shall meet standards contained in Planning for Bushfire Protection. (See the website of the Rural Fire Service, www.rfs.nsw.gov.au ).
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APPENDIX A – Definitions Adaptable Housing Unit is a housing unit which is designed and constructed to meet performance standards of Australian Standard AS4299 or is capable of being modified easily in the future to become accessible to both occupants and visitors with various levels of mobility, disability or frailty as provided in AS4299. Arterial road are indicated on the Shoalhaven Local Environmental Plan 1985 map by a continuous red band on white between bold black lines. Cul-de-sac refers to a street, lane etc closed at one end. The cul-de-sac head is the closed end and is designed to allow a turning area for vehicles. Drying Area means that part of the site which is principally used for the purpose of drying of clothing etc. Dual occupancy means 2 dwellings (whether attached or detached) on one lot of land (not being an individual lot in a strata plan or community title scheme), but does not include a secondary dwelling. Dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile. Existing developed areas relate to infill development, and refers to construction on scattered lots in developed neighbourhoods where services are already available. Construction on large parcels of vacant land in relatively undeveloped neighbourhoods is not considered consistent with the meaning of existing developed areas. Flood planning level means the combination of flood levels and freeboards selected for planning purposes, as determined in floodplain risk management studies and incorporated in floodplain management plans. Floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area. Freeboard is an additional height to floor level, usually 500mm for habitable rooms, above the flood level. The freeboard is incorporated into the flood planning level to compensate for uncertainties in the estimation of flood levels. Landscaped Area means that part of the site not occupied by any building or buildings, and includes swimming pools, open air recreation facilities, and parts of the site which are predominantly landscaped by way of the planting of trees, shrubs, grass etc. but does not include driveways, car parking spaces or drying areas. Main road frontage in relation to land, means the frontage of that land to – • A main or arterial road; or
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• A road connecting with a main or arterial road, if the whole or any part of the frontage is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the main or arterial road.
Natural ground level means the level of the site before any site filling, excavation or development is carried out on the site. Parking Space means an unobstructed area accessible to and suitable for parking of motor vehicles having minimum dimensions of 2.6 metres x 5.5 metres. Permeable paving refers to paving construction using impervious materials that are physically shaped and/or arranged to allow infiltration through gaps in the pavement material. Porous paving permits water to pass through the paving material by virtue of the properties of that material. Private Recreation Area means that part of the site whether paved or not which may be effectively used for private outdoor recreation activities and which is adjacent to a dwelling. The Act means the Environmental Planning and Assessment Act 1979. Gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes: (a) the area of a mezzanine, and (b) habitable rooms in a basement or an attic, and (c) any shop, auditorium, cinema, and the like, in a basement or attic, but excludes: (d) any area for common vertical circulation, such as lifts and stairs, and (e) any basement: (i) storage, and (ii) vehicular access, loading areas, garbage and services, and (f) plant rooms, lift towers and other areas used exclusively for mechanical services or
ducting, and (g) car parking to meet any requirements of the consent authority (including access to that
car parking), and (h) any space used for the loading or unloading of goods (including access to it), and (i) terraces and balconies with outer walls less than 1.4 metres high, and (j) voids above a floor at the level of a storey or storey above. Water Sensitive Urban Design (WSUD) is the integration of urban town planning and development with the management, protection and conservation of the water cycle as a whole.
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APPENDIX B – Dual Occupancy Development Setbacks FOR ZONES RESIDENTIAL 2(a1), 2(b1), 2(c) AND 2(e) SETBACK ACCEPTABLE SOLUTIONS
FRONT SETBACK (primary road frontage) Zones: 2(a1), 2(b1), 2(c), 2(e) Note: Refer to Clause 2.4 regarding “predominant setback”.
Dual occupancy development in new subdivisions & on lots in groups or clusters in subdivisions approved prior to the adoption of DCP 100 - Lots up to 600m2.
5.0m to wall of dwellings. 4.5m to open structures, such as the posts of awnings and carports and to the further most point of cantilevered balconies and the like.
Dual occupancy development in new subdivisions - Lots over 600m2. Dual occupancy development on lots in groups or clusters in subdivisions approved prior to the adoption of DCP 100 - Lots over 600m2 & less than 650m2.
6.0m to wall of dwellings. 5.0m to open structures, such as the posts of awnings and carports and to the further most point of cantilevered balconies and the like.
Infill dual occupancy development in existing subdivisions.
7.5 m for allotments with a depth of 30.5m or more. 6.0m for allotments with a depth of less than 30.5m.
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SIDE SETBACK (secondary road frontage) Zones: 2(a1), 2(b1), 2(c), 2(e)
Dual occupancy development in new subdivisions & on lots in groups or clusters in subdivisions approved prior to the adoption of DCP 100 - Lots up to 600m2.
3.0m
Dual occupancy development in new subdivisions - Lots over 600m2. Dual occupancy development on lots in groups or clusters in subdivisions approved prior to the adoption of DCP 100 - Lots over 600m2 & less than 650m2.
3.5m
Infill dual occupancy development - existing subdivisions.
3.5m
SIDE SETBACK (no road frontage) Zones: 2(a1), 2(b1), 2(c), 2(e)
Dual occupancy development in new subdivisions Lots up to 600m2.
A minimum of 900mm from walls of single storey and two storey dwellings to side boundaries and 1500mm to dwellings of more than two storeys. Compliance is also required with the Building Height Plane requirements of the Policy to Control Building Height and Amenity in Residential Areas and the Building Envelope and Siting requirements of DCP 62 – Residential Development in Foreshore Areas (which ever is applicable).
Dual occupancy development in new subdivisions Lots over 600m2.
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Infill dual occupancy development in existing subdivisions.
675mm from eaves and gutters to side boundaries. Note: Eaves and gutters not parallel to the boundary are permitted up to 450mm from the boundary for a maximum distance of 1.8m. The walls of attached garages shall be located not less than 900mm from side boundaries.
REAR SETBACK Zones: 2(a1), 2(b1), 2(c), 2(e)
3.0m to walls/posts of dwellings, including attached verandahs, patios and the like. For corner lots - Average of 3.0m to walls/posts of dwellings, including attached verandahs, patios and the like.
REAR/SIDE SETBACK TO PUBLIC RESERVE Zones: 2(a1), 2(b1), 2(c), 2(e)
Dual occupancy development in new subdivisions Lots up to 600m2.
4.0m to walls/posts of dwellings, including attached verandahs, patios and the like. 900mm to detached non-habitable outbuildings, including swimming pools. Side setback – 900mm to walls/posts of dwellings, including attached verandahs, patios and the like, detached non-habitable outbuildings, including swimming pools.
Dual occupancy development in new subdivisions Lots over 600m2. Infill development in existing subdivisions.
REAR/SIDE SETBACK TO FORESHORE RESERVE
Development in new subdivisions Lots up to 600m2.
7.5m to dwellings and attached/ detached outbuildings.
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Zones: 2(a1), 2(b1), 2(c), 2(e) Note: Owners should check where a Foreshore Building Line applies (refer to a Section 149 Certificate for the subject land.
Development in new subdivisions Lots over 600m2. Infill development in existing subdivisions.
FOR ZONES RURAL 1(a), 1(b), 1(c), 1(d) AND RESIDENTIAL 2(a2), 2(a3) FRONT SETBACK Zones: 1(a), 1(b), 1(c), 1(d), 2(a2), 2(a3)
Dual occupancy development in new or infill subdivisions.
Minimum Front Setback: • For lots up to 4000m2 - 12.5m • For lots 4000m2 or more - 20m • For lots greater than 10000m2 (1ha) – 30m
SIDE SETBACK Zones: 1(a), 1(b), 1(c), 1(d), 2(a2), 2(a3)
Dual occupancy development in new or infill subdivisions.
Minimum Side Setback: • To a secondary street frontage – equivalent to 50% of
the front setback • Are such that the privacy of adjoining dwellings is not
compromised; and • Any Asset protection Zones are located wholly within the
lot boundary.
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Dual occupancy development in new or infill subdivisions.
Minimum rear setback of 7.5m.
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APPENDIX C – NSW Land and Environment Court’s Planning Principles on Impact on Solar Access of Neighbours The Australia-wide resource document for residential development, AMCORD, suggests that a development should not reduce the sunlight received by the north-facing windows of living areas of neighbouring properties to less than 3 hours between 9am and 5pm at the winter solstice. The NSW-specific Residential Flat Design Code, which applies only to apartment buildings of three storeys and over, recommends 3 hours of sunlight to the living rooms and private open spaces of 70% of apartments between 9am and 3pm, reducing it to 2 hours in dense urban areas. The Code does not specifically deal with the impact on sunlight received by neighbouring buildings, though one may assume that the same criteria apply. Where local controls contain numerical guidelines, they usually require the retention for neighbouring properties of 3-4 hours of sunlight on living room windows and private open spaces between 9am and 3pm at the winter solstice. The Court must, of course, take into account whatever guidelines are relevant to an application. However, numerical guidelines should be applied with a great deal of judgment. Consider a dwelling that now receives sunlight all day. Taking away that sunlight from 9am till noon would satisfy most guidelines; and yet the occupants of such a dwelling are likely to perceive it as a devastating impact on their dwelling’s amenity. The other side of the coin is that the impact on a neighbour’s sunlight must be assessed in the context of the reasonable development expectations of the proposal and the constraints imposed by the topography and the subdivision pattern. Preserving 3 hours of sunlight on a neighbouring site may require an unreasonable reduction in the development potential of the proposal. Numerical guidelines dealing with the hours of sunlight on a window or open space usually leave open the question what proportion of the window or open space should be in sunlight, and whether the sunlight should be measured at floor, table or a standing person’s eye level. Numerical guidelines should therefore be applied with the following principles in mind, where relevant:
• The ease with which sunlight access can be protected is inversely proportional to the density of development. At low densities, there is a reasonable expectation that a dwelling and some of its open space will retain its existing sunlight. (However, even at low densities there are sites and buildings that are highly vulnerable to being overshadowed.) At higher densities sunlight is harder to protect and the claim to retain it is not as strong.
• The amount of sunlight lost should be taken into account, as well as the amount of sunlight retained.
• Overshadowing arising out of poor design is not acceptable, even if it satisfies numerical guidelines. The poor quality of a proposal’s design may be demonstrated by a more sensitive design that achieves the same amenity without substantial additional cost, while reducing the impact on neighbours.
• To be assessed as being in sunlight, the sun should strike a vertical surface at a horizontal angle of 22.5o or more. (This is because sunlight at extremely oblique angles has little effect.) For a window, door or glass wall to be assessed as being in sunlight, half of its area should be in sunlight. For private open space to be assessed as being in sunlight, either half its area or a useable strip adjoining the living area should be in sunlight, depending on the size of the space. The amount of sunlight on private open space should be measured at ground level.
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• Overshadowing by fences, roof overhangs and changes in level should be taken into consideration. Overshadowing by vegetation should be ignored, except that vegetation may be taken into account in a qualitative way, in particular dense hedges that appear like a solid fence.
• In areas undergoing change, the impact on what is likely to be built on adjoining sites should be considered as well as the existing development.
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APPENDIX D – NSW Land and Environment Court’s Planning Principles on View Sharing and the Impact on Neighbours [Excerpt from Judgement on Tenacity Consulting v Waringah (2004) NSWLEC 140] Four step assessment process: 1. The assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured. 2. Consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic. 3. Assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating. 4. Assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skillful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.
