New Greenhills Beach Development Control Code · 2016. 3. 16. · 14.b.1 Controls for Development...

Greenhills Beach Development Control Code

Date in Effect: 29 October 2013

Greenhills Beach Development Control Code Amendment 3 Date in Effect: 29 October 2013

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Greenhills Beach Development Control Code Table of Contents

1. BUILDING ENVELOPES 10

1.a Objectives 10

1.a.1 Objectives for All Built Development 10

1.b Controls 11

1.b.1 Controls for All Built Development (excluding Ancillary Development) 11

2. BUILDING LAYOUT AND PRIVATE OPEN SPACE 15

2.a Objectives 15


2.b Controls 15

2.b.1 Controls for All Built Development 15 2.b.2 Additional Controls for Dwellings (excluding Secondary Dwellings) 16

3. LANDFORM 17

3.a Objectives 17

3.a.1 Objectives for All Development 17

3.b Controls 17

3.b.1 Controls for All Development 17

4. STREETSCAPE, DESIGN AND BUILDING FORM 19

4.a Objectives 19


4.b Controls 20

4.b.1 Controls for All Development 20 4.b.2 Additional Controls for Decks, Verandahs and Balconies 21 4.b.3 Additional Controls for Garages, Carports and On-site parking spaces 22

5. ANCILLARY DEVELOPMENT 24

5.a Objectives 25

5.a.1 Objectives for All Built Development 25 5.a.2 Additional Objectives for Swimming Pools 25

5.b Controls 26

5.b.1 Controls for All Ancillary Development 26


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Greenhills Beach Development Control Code 5.b.2 Additional Controls for Communication Dishes 27 5.b.3 Additional Controls for Swimming Pools 27

6. LANDSCAPING 32

6.a Objectives 32


6.b Controls 33

6.b.1 Controls For All Development 33

7. PRIVACY 34

7.a Objectives 34


7.b Controls 35

7.b.1 Controls for All Development 35

8. DAYLIGHT ACCESS 37

8.a Objectives 37

8.a.1 Objectives for All Built Development 37 8.a.2 Additional Objectives for Residential Development 38

8.b Controls 38

8.b.1 Controls for All Built Development 38

8.b.2 Additional Controls for All Residential Development 38

9. SAFETY AND SECURITY 41

9.a Objectives 42


9.b Controls 42

9.b.1 Controls for all development 42

10. BUSH FIRE REQUIREMENTS 43

10.a Objectives 44

10.a.1 Objectives for all development 44

10.b Controls 44

10.b.1 Controls for Bushfire Affected Properties 44


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11. VIEWS 45

11.a Objectives 45

11.a.1 Objectives for All Development 45 11.a.2 Additional Objectives for Residential Development 45

11.b Controls 45

11.b.1 Controls For All Development 45

12. CHILD CARE CENTRES 47

12.a Objectives 47

12.a.1 Objectives for Childcare Centres 47

12.b Controls 47

12.b.1 Controls for Child Care Centres 47

12.b.1.1 General 48

12.b.1.2 Health and Safety 48

12.b.1.3 Facilities 49 12.b.1.4 Management of Clothes Washing, Nappy Storage and Laundering 49

12.b.1.5 Craft Preparation Facilities 50 12.b.1.6 Food Preparation Facilities 50 12.b.1.7 Additional requirements for food preparation for children under 2 years of Age 50

12.b.1.8 Toilets and Washing Facilities 50 12.b.1.9 Nappy Change Facilities 51 12.b.1.10 Sleeping Facilities 52

12.b.1.11 Storage Facilities 52 12.b.1.12 Swimming Pools 53 12.b.1.13 Development and Play Equipment 53

12.b.1.14 Ventilation, Light and Heating 53 12.b.1.15 Hot Water 53

12.b.1.16 Fencing 54 12.b.1.17 Landscaping 54 12.b.1.18 Impacts on adjoining development 54

13. ENVIRONMENTAL RISK – ACID SULFATE SOILS 56

13.a Objectives 56

13.b Controls 56

14. ADMINISTRATIVE PROVISIONS 59


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14.a Objectives 59

14.a.1 Objectives for Development Requiring Notification 59 14.a.2 Exception 59

14.b Controls 60

14.b.1 Controls for Development Requiring Notification 60 14.b.1.1 Development Applications to be publicly exhibited 60 14.b.1.2 Notification Letter 61

14.b.1.3 Advice of Lodgement 63 14.b.1.4 Display of a Notice on the Land 65 14.b.1.5 Notification requirements for revised plans 65

14.b.1.6 Notification of Application for staged consent 66 14.b.1.7 Notification of Application to modify a consent (under s96 of the Act) 66 14.b.1.8 Notification of Application to review a decision (under s82A of the Act) 67 14.b.1.9 Notification of the determination of a Development Application 67

GLOSSARY 69


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Greenhills Beach Development Control Code Introduction This Development Control Code is known as Greenhills Beach Development Control Code 2011 (The Code). The Code applies to the residential suburb known as Greenhills Beach. The Code has been prepared to guide new residential development in this sensitive coastal environment. The land to which this Code applies is illustrated in Figure 1 below.

The Code contains detailed objectives and controls to guide how development is designed and carried out. The Code will be used by Sutherland Shire Council when determining development applications (DAs) under section 79C of the Environmental Planning and Assessment Act 1979 (EP&A Act). Essentially the Code sets benchmarks of what is acceptable development and includes design controls such as side and rear setbacks, streetscape and building form requirements and amenity provisions relating to privacy and solar access.

Figure 1 - Land to which Greenhills Beach Development Code applies State Environmental Planning Policy (Kurnell Peninsula) 1989 This Code has been prepared in accordance with State Environmental Planning Policy (Kurnell Peninsula) 1989 (SEPP Kurnell). This SEPP is the principal planning instrument that controls development within Kurnell Peninsula, including Greenhills Beach. The residential land in Greenhills Beach is zoned E4 Environmental Living.


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All new development is to achieve the following E4 Zone objectives:

(a) to provide for low-impact residential development in areas of special ecological, scientific

or aesthetic value, (b) to ensure that residential development does not have an adverse effect on those values, (c) to encourage residential development on land within this zone that has been rehabilitated

for that purpose, (d) to manage and protect groundwater and groundwater dependent ecosystems.

New development within the E4 Zone must also comply with the following SEPP Kurnell development standards:

Maximum Building Height is 9 metres from Existing Ground Level; Maximum Floor Space Ratio (FSR) of a building is 0.55:1; Minimum Landscaped Area of a site is 40% of the total Site Area; and Minimum front Building Line (setback) is 6 metres.

Under SEPP Kurnell ‘Secondary Dwellings’ are permissible within the Estate; however the total floor area of any second dwelling (excluding any area used for parking) must not exceed 60m2 in Gross Floor Area (GFA).

Variation to SEPP Development Standards To obtain a variation to these development standards will require a State Environmental Planning Policy No. 1 (SEPP 1) Objection to be prepared and submitted with the DA to justify any departure from these. The objective of SEPP 1 is to allow flexibility in the application of the above-mentioned numeric development standards. It enables the Council to vary a development standard within SEPP Kurnell where strict compliance with that standard is shown to be unreasonable or unnecessary, or where strict compliance would hinder the attainment of the objectives specified in section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act, 1979 (EP&A Act). Clause 6 of SEPP 1 provides that a person may make a written objection demonstrating that compliance with a development standard is unreasonable or unnecessary in relation to the proposed development. This written objection must be submitted with the relevant DA.

User Guide to Development Code This Code must be considered by applicants and their architects or building designers when preparing a Development Application (DA), and by the Council when assessing the DA. Both the applicant and the Council should assess any proposed development against both the objectives and the controls contained in this Code. The purposes of these requirements are as follows: Objectives: describe the rationale of the planning issue and what built form and design outcomes are trying to be achieved. Controls: are numeric measures and physical outcomes that will provide a means of achieving the objectives in the design of any new building, or for additions or alterations to an existing building.


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Terms used throughout this document, such as Existing Ground Level, Floor Space Ratio (FSR) and the like, are defined in the Glossary at Section 11 of this Code. It should be noted that the following planning instruments do not apply to Greenhills Beach or its development:

Sutherland Shire Local Environmental Plan 2006 (LEP 2006) Sutherland Shire Development Control Plan 2006 (DCP 2006)

DCC Origin Reference: EAP149-12 – date 05/03/12 Adopted by Council: February 2012 In effect: date 20/03/12 Amendment 1 in effect: 11/9/2012

Amendment 2 in effect: 12/2/2013 Amendment 3 in effect 29/10/2013

Amendment 1

Action Date Reference

Council Endorse Plan

12/6/2012 EAP222-12

Public Notice (draft)

3/7/2012

Exhibition – start 3/7/2012

Exhibition – finish 31/7/2012

Council decision 27/8/2012 EAP024-13

Public Notice (final)

11/9/2012

In effect 11/9/2012

Amendment 2



12/11/2012 DAP022-13


27/11/2012



Council decision 29/1/2013 DAP057-13


12/2/2013

In effect 12/2/2013


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Amendment 3



4/03/2013 EHR049-13


19/03/2013



Council decision 14/10/2013 DAP044-14


29/10/2013

In effect 29/10/2013


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1. Building Envelopes

The spatial relationship of buildings is an important determinant of urban form. Building separation relates to urban form because it affects the spatial continuity and the degree of openness in the street. Spaces between buildings also provide opportunities for landscaping and access. Separation between buildings is required to minimise adverse amenity impacts. Buildings which are too close together can create amenity problems, including lack of visual and acoustic privacy, loss of daylight access to dwellings and to private and shared open spaces, and view loss. A building envelope is a three dimensional zone that limits the extent of a building in any direction through a combination of diagrams and text. Building envelopes set the appropriate bulk of future development in terms of form and height in relation to street layout and block and lot sizes in a particular location. Building envelopes identify an appropriate three dimensional volume of space within which the height, bulk, setbacks and articulation of a building is to be contained. A building envelope is not to be seen as the maximum extent of possible development, but the space within which development can occur.

1.a Objectives

1.a.1 Objectives for All Built Development

1. The objectives of this section are:

a. to achieve development that is of an appropriate scale and context for the street and block layout, adjoining buildings, public open space and the underlying topography of the area.

b. to ensure that individual development proposals are designed to an

appropriate size, mass and separation to protect solar access to adjoining buildings.

c. to provide visual and acoustic privacy for existing and new occupants.

d. to provide deep soil zones for tree planting and landscaping.


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e. to reinforce the desired spatial character of an area in terms of openness and density.

f. to mitigate the visual intrusion of building bulk on neighbouring properties.

g. to maintain and create view corridors between dwellings from public areas and surrounding developments.

h. to create attractive and cohesive streetscapes through the provision of

articulated building and roof forms.

i. to manage impacts of development on neighbouring properties in regard to privacy and solar access.

j. to ensure new development minimises view loss for neighbouring properties.

k. to encourage the efficient use of land.

1.b Controls

1.b.1 Controls for All Built Development (excluding Ancillary Development)

1. All buildings including dwelling houses are required to have a minimum side

setback of 1.5m and minimum rear boundary setback of 6.0m (See note regarding corner lots).

i. In the case of corner lots, depending on details of an application such as site orientation, project design and amenity outcomes, the minimum rear boundary setback for the ground floor may be varied.

2. On lots identified on the Deposited Plan as having the benefit of an easement for access and maintenance on an adjacent lot, garages and ancillary non-habitable rooms may be built to the side boundary to a maximum length of 8m, but only where adjacent to the easement for access and maintenance on an adjacent lot.

3. In the case of corner properties, the secondary street setback must be a

minimum of 3m. 4. Where the second storey wall of a dwelling house adjacent to a side boundary

exceeds 10m in length, but does not exceed 15m in length, architectural detailing and building articulation is to be used in the side elevation.

5. Where a second storey wall of a dwelling house adjacent to a side boundary exceeds 15m in length, an increased side setback is required for part of the wall in addition to building articulation. Where the scale of the side elevation results in


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significant overshadowing and/or visual intrusion due to building bulk to an adjoining dwelling, an increased building setback is to be employed.

6. Where an increased side setback for a part of a wall is employed for articulation,

the roof line must follow the change in wall plane.

7. Any third storey component of a building is to be no greater than 50% of the total gross floor area of the ground floor of a building or 80m² in area, whichever is the least amount. Any third storey shall be setback a minimum of 1m from the storey below.

8. Eaves of buildings are to provide sun shading, to protect windows and doors and

provide visual interest.

9. Side and rear setbacks are measured perpendicular from the side or rear boundary to the closest extent of the building, including balconies, awnings, podiums, sunscreens and the like (excluding eaves).

Note: In the case of a corner lot, the rear boundary is opposite the primary frontage, which is usually the shorter frontage.

Note: Articulation can be provided by architectural detailing, setbacks, balconies, awnings, porticos, recesses, blade walls or projecting bays. Large flat side elevations are to be avoided.


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Building Envelopes - Assessment Principles

1. FSR and building envelope controls should work together and both controls and/or their objectives should be met.

2. A building envelope is determined by compliance with controls such as setback,

landscaped area and height. Its purpose is to provide an envelope within which development may occur but not one which the development should necessarily fill.

3. Where maximum FSR results in a building that is smaller than the building

envelope, it produces a building of lesser bulk and allows for articulation of the building through setbacks of the envelope and variation in building heights.

4. The fact that the building envelope is larger than the FSR is not a reason to

exceed the FSR. If it were, the FSR control would be unnecessary. 5. To test whether a building’s side and rear setbacks are appropriate, the following

questions should be asked:

a. Does the proposed bulk and scale of the development result in excessive visual intrusion when viewed from an adjoining development or public area outside of the site?


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b. Does the scale and siting of the proposed development result in significant overshadowing to adjoining properties?

If the answer is ‘yes’ to any of these questions the development should respond to the following principles:

i) Would the impact of the proposed building be reduced if it provided some

degree of articulation of the elevations to create visual interest and to offset bulk and scale? This can be achieved through stepped floor plans, reducing the length of walls between design features, and variation in setbacks of the ground and first floors, provision of bay windows, recessed portions of walls and the provision of portions of feature walls which are of a different texture or material finish, and articulation of roof lines.

ii) Would the impact of the proposed building be reduced with a greater

setback? As a general rule, the setback of a building should progressively increase as the building length and wall height increases. Planting can assist in screening building bulk, but it should not be relied upon as the sole solution to overcome design weaknesses.

6. Articulations of side elevations or additional setbacks are not generally required for

single storey dwellings on level sites (except when the elevation fronts a secondary street frontage on corner lots). However, sloping land may require a more sensitive design that considers the resulting height above natural ground level. Articulation may be required to relieve the bulk of the dwelling when viewed from outside the site.


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2. Building Layout and Private Open Space

Good design provides a building layout that maximises the natural attributes of the site. Carefully considered building layout and design also creates a higher level of amenity for occupants through enhanced visual and acoustic privacy, passive heating and cooling, attractive outlooks from living spaces, and flexible and useable indoor and outdoor spaces that meet the needs of occupants.

2.a Objectives



a. to ensure outdoor living areas are functional and responsive to the environment through the identification of useable amounts of private open space that connects internal and external environments.

b. to ensure development provides opportunities for cross-ventilation and

natural ventilation through the location and placement of dwellings and arrangement of external openings.

c. to design and locate buildings so that reliance on artificial light sources is minimised.

d. to provide a reasonable level of amenity to all Principle Private Open

Space areas in terms of privacy and solar access.

e. to enhance the landscape quality, outlook and appearance of Greenhills Beach.

f. to achieve high quality living environments.

2.b Controls

2.b.1 Controls for All Built Development

1. Design all development so that rooms benefit from natural ventilation and living

rooms benefit from cross-ventilation.

2. Orientate all new development to maximise natural light within the development.


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3. Incorporate passive solar building design, including the optimisation of solar access to living areas and the minimisation of heat loss and energy consumption, to avoid the need for additional artificial heating and cooling.

4. Give careful consideration to the location and design of window openings and building layout to facilitate summer cooling by cross ventilation.

Note: In assessing whether buildings have been designed for thermal efficiency and to maximise natural ventilation, Council will consider the environmental efficiency and amenity effects of design features including the following: i Orientation of glazing to optimise solar access where this is desirable. ii Use of external shading devices to moderate summer heat. iii Use of operable windows. iv Incorporation of openings to allow for the cross ventilation of spaces.

2.b.2 Additional Controls for Dwellings (excluding Secondary Dwellings)

1. Each allotment is to be provided with a Principal Private Open Space

(PPOS) that has a minimum area of 36m2 and that has minimum dimension of 6 x 6m.

2. The PPOS is to be directly accessed from the internal living areas so that it may serve as an extension to the dwelling.

3. Fifty per cent (50%) of the area of the required PPOS (of both the proposed development and any existing dwelling on an adjoining property) should receive at least 4 hours of sunlight between 9am and 3pm at the winter solstice (21 June).

Note: The location of PPOS is to be determined having regard to allotment orientation, dwelling layout, adjoining dwellings and landscape features. Where it is desirable to grow medium size trees and shrubs within a side setback to screen a two storey development, a minimum width of 2m for landscaping is desirable.


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3. Landform

The topography of Greenhills Beach has been arrived at through careful design having regard to the sites previous history, coastal processes and hydrology. In order to contribute to the quality and identity of the area, new development must respect landform and its setting.

3.a Objectives

3.a.1 Objectives for All Development


a. to ensure development responds to the existing landform of the site. b. to minimise earthworks so as to broadly maintain the approved landform

and protect the integrity and stability of geological elements in the vicinity of the site.

c. to minimise the visual impact of new development, particularly when

viewed from waterways, bushland, open space and the public domain. d. to minimise the removal and disposal of spoil from sites. e. to minimise interruption and alteration of groundwater levels and flows.

3.b Controls

3.b.1 Controls for All Development

1. The approved contours of the land must not be excessively altered. Development

should avoid any unnecessary earthworks by designing and siting buildings so that they are compatible with the slope of the land.

2. Where site conditions warrant, excavation must be based on geotechnical advice to ensure the long term stability of geological elements.

3. The depth of excavation for buildings must not exceed one (1) metre below the subdivision’s completed ground level and the depth of fill must not exceed one (1) metre above the subdivision’s completed ground level (Works as Executed).


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4. The maximum area of the site to be affected by cut and fill must not exceed 60% of the proposed building footprint.

5. However, clauses 3 and 4 above do not apply to steeply sloping sites where:

a. alternative design solutions have been demonstrated to Council showing no feasible solution to excavation is available, and

b. there is unlikely to be disruption, or detrimental effects on existing drainage

patterns, vegetation, sedimentation and soil stability in the locality, and

c. the design is a sensitive solution to the constraints of the site.


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4. Streetscape, Design and Building Form

Streetscape is the urban environment created by the relationship of built elements to the public domain. In the Sutherland Shire, the relationship of the built form to the natural environment, particularly in sensitive coastal areas is an important consideration. The quality and scale of architecture, landscape elements, natural elements and works in the public domain determine the streetscape character. Ancillary elements of development such as driveways, parking areas and fencing are important elements of the streetscape. To make a positive contribution to the streetscape, new development needs to reinforce the suburban scale and character. Facades are the external face of buildings and make a very important contribution to the streetscape. The composition and detailing of the building facade has an impact on its apparent scale as well as its appearance. The pattern or rhythm established by the proportions of the facade, the modulation of the external walls, the design of facade elements, their materials and detailing are all important considerations. Architectural quality contributes to the character and quality of the streetscape. High architectural quality requires appropriate composition of building elements, textures, materials and colours and reflects the use, internal design and structure of a development.

4.a Objectives



a. to ensure that all elements of development visible from the street, waterways and public domain make a positive contribution to the streetscape to ensure development is compatible with the scale, character and landscape setting of the adjoining streetscape and suburban setting.

b. to achieve quality architecture in new development through the appropriate

composition and articulation of building elements, textures, materials and colours that respond to the building’s use.

c. to ensure that vehicle access and parking areas do not dominate the

streetscape.

d. to reduce the visual impact of garages, carports and parking areas on the streetscape and improve building presentation.


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e. to ensure that new development incorporates architectural and building

elements that contribute to protecting the acoustic and visual privacy of any adjoining residents.

f. to provide adequate parking for each dwelling.

4.b Controls


1. Development must be designed and sited so that it addresses the street and

must have a clearly identifiable entry.

2. In areas visible from the foreshore, surrounding bushland or public areas, use of large expanses of roofing must be avoided.

3. Developments on street corners should be designed to: a. define and/or delineate the boundaries of the area,

b. relate architecturally to the corner position, to mark the corner,

c. address both street frontages,

d. articulate long side boundaries by punctuation with bay windows,

verandahs, balconies or wall offsets,

e. overlook the secondary street or other public area. 4. Extensive use of highly reflective materials is not acceptable for roof or wall

cladding.

5. Colour schemes and materials which complement the natural attributes of the area should be used.

6. The design, colour and materials of roofs, entrances, window frames,

balustrades, ventilation and down pipes on main facades and elevations are to be integrated with the external design of the building.

7. Development must be sensitively designed so that it fully or in part maintains

view corridors so that the amenity of neighbouring public and private property is balanced with amenity afforded to the new development.


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8. The height of buildings must be minimised to maintain view corridors by:

a. stepping buildings down the site. b. using only single storey elements. c. avoiding steep roofs d. breaking up the built form.

9. Visual privacy may be achieved by:

a. designing the building to maximise the separation distances from adjacent dwellings and private open spaces;

b. direct the outlook from any living rooms, dining rooms, bedrooms, kitchens

and studies where possible towards the street, private open space on the development site, public open spaces, and waterways; and/or

c. where overlooking of adjacent living rooms, dining rooms, bedrooms,

kitchens and studies or private open space is unavoidable then screening elements such as louvres and obscured glass must be used to preserve reasonable visual privacy for neighbours.

10. Design elements that can be used to achieve privacy may include and are not limited to:

a. Offset windows in new development and windows of adjacent development b. Recessed balconies and/or vertical fins between adjacent balconies, c. Solid or semi-solid balustrades to balconies, d. Louvres or screen panels to windows and/or balconies, e. Fencing, f. Vegetation as a screen between spaces, g. Planter boxes in walls or balustrades, h. Pergolas or shading devices to limit overlooking of lower level private open

space.

4.b.2 Additional Controls for Decks, Verandahs and Balconies

1. Decks, verandahs or balconies must be designed to minimise overlooking of

private open space areas of adjoining dwellings. Balconies on the upper floor levels of any dwelling must be designed to prevent overlooking of the principal private space of adjoining dwellings.

2. The integration of flexible shade structures (e.g. movable louvres, pergolas) into balconies that enhance the architectural resolution, provide privacy, create interest in the facade of the development, improve streetscape appearance and environmental sustainability is encouraged.


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4.b.3 Additional Controls for Garages, Carports and On-site parking spaces

1. There shall be 2 parking spaces per dwelling house. These spaces shall be behind the building alignment.

2. A Health Consulting Room shall provide 3 parking spaces per surgery or consulting room.

3. Garages, garage doors, and carports are to be located behind the front facades

of dwellings and integrated with the building design, to reduce their visual impact upon the streetscape.

4. Carports and garages are to be treated as an important element of the dwelling facade and interface with the public domain. They are to be integrated with and complementary, in terms of design and materials, to the dwelling design. Garage doors are to be visually recessive through use of materials, colours, overhangs and the like.

5. The location of driveways is to be determined with regard to dwelling design and orientation, street gully pits and street trees, and is to maximise the availability of on-street parking. Driveways should not exceed a maximum width of 3.5m to reduce the extent of hard paved areas and ensure they do not dominate a frontage.

6. All parking and driveway access is to comply with AS 2890.1 - 2004. 1. Where development has two (2) or more road frontages, vehicular access shall be from the lowest order road where appropriate.

7. Garages, parking areas, paving and driveways are to be located and designed so

that they do not form dominant elements in the streetscape. Garages and carports are not to be located within the building setback from the street frontage.

8. No more than two single garage doors or one double garage door is to face the street. The total width of garage door facing the street is not to exceed 6 metres.

Note: This section must be read in conjunction with AS2890.1 Parking Facilities-Off-Street Car Parking

Assessment Principles for All Development

1. In assessing the compatibility of a proposed development with the existing

streetscape, Council will consider:


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a. Whether the proposal’s physical impacts on surrounding development are

acceptable.

b. Whether the proposal’s appearance is in harmony with the buildings around it and the character of the street (visual impact).

2. The physical impact will be determined by consideration of noise, overlooking and

overshadowing.

3. The visual impact of development will be determined by the following considerations:

a. The extent to which the new development responds to the essential

elements that comprise the streetscape.

b. The height of the building does not have to be consistent with the height of existing buildings in the street to be compatible, even where most existing buildings are of the same height. Any change in height should be gradual rather than abrupt.

c. Where the size of a development is much greater than the other buildings in the street, it should be visually broken up so that it does not appear as one building. This can be achieved by generous breaks between buildings or sections of a building and landscaping.

d. Preservation of existing characteristics (including topography and existing vegetation) assists in reducing the visual dominance of development.

e. Where canopy trees define the character, new developments must provide opportunities for planting canopy trees.

f. Building forms and materials should be compatible with the building forms and materials of other buildings in the street when these are of high quality. New materials and building forms should be introduced with care and sensitivity to enhance the streetscape.

g. Front setbacks and the way they are treated are an important element of urban character. Where there is a uniform building line, even small differences can destroy the unity.

h. Side setbacks determine the rhythm of building and void. While it may not be possible to reproduce the rhythm exactly, new development should strive to reflect it in some way.


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5. Ancillary Development

Ancillary development includes the following forms of constructed structures and development that would ordinarily be associated with the occupation and use of a dwelling: Access ramps Aerials and antennae Air conditioning units Animal shelters Aviaries Balconies Constructed barbeques and other built outdoor cooking structures Cabanas Carports Communication dishes (radio and satellite) Constructed cubby houses Decks Ferneries Flagpoles Fowl and poultry houses Garden Sheds Garages, separate to a dwelling Garbage bin enclosures Gazebos Greenhouses Hot water systems Patios Pergolas Privacy screens Rainwater tanks Retaining walls Swimming pools Tennis courts Verandahs Good design can meet the needs of its occupants by providing ancillary development. Considering the need and location of ancillary development at the design stage is important in achieving good design outcomes. Ancillary development structures that integrate with dwellings minimise the impacts of such facilities and structures upon the occupants of surrounding buildings, the streetscape and the natural environment.


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The Swimming Pools Act and the Swimming Pools Regulation apply to all types of pools (both indoor and outdoor) on premises where there is a residential building, a moveable dwelling (such as a caravan), a hotel or motel, tourist & visitor accommodation, multi-occupancy developments or child care facility. Swimming pool means an excavation, structure or vessel: (a) that is capable of being filled with water to a depth of 300 millimetres or more,

and (b) that is solely or principally used, or that is designed, manufactured or adapted to

be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,

and includes a spa pool, but does not include a spa bath (as defined in the Swimming Pools Act). Note: For the purpose of simplicity, in this document the use of the term ‘pool’ has the same meeting as ‘swimming pool’, as defined in the Act.

5.a Objectives



a. to integrate essential amenities and facilities within developments

b. to minimise the impacts of ancillary aspects of development on people,

building occupants or neighbours, and on the streetscape and the natural environment

c. to minimise overshadowing and limit bulk and scale

d. to ensure ancillary development responds to the landform of the site

e. to minimise the visual impact of development, particularly when viewed from waterways, bushland, open space and the public domain.

5.a.2 Additional Objectives for Swimming Pools

1. The objectives of this section are to:

a. ensure that pool location and design maximises safety and minimises the impact upon the environment


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b. ensure that the visual impact of pools and associated development is minimised by appropriate pool location and landscaping, and that the required landscape area is maintained

c. ensure that the pool location and design respects existing land forms and

protects the integrity and stability of geological elements in the vicinity

d. ensure that acoustic and other residential amenity impacts of pools and associated development are minimised

e. minimise the risk of children drowning

f. maintain access to and from residential buildings within the property

outside enclosed pool areas.

5.b Controls

5.b.1 Controls for All Ancillary Development

1. The minimum side and rear boundary setbacks required for ancillary

development (other than swimming pools) are: side setback 0.9m rear setback 1.0m

2. Despite Clause 1 above, greenhouses, garden sheds, studios, cubby houses and

the like may be setback a minimum of 0.5m from side boundaries if detached and to the rear of the building.

3. Decks and patios must be setback a minimum of 1.5m from side boundaries if

elevated more than 0.5m above existing ground level.

4. A variation to the side boundary setback for garages and carports may be considered if the objectives of this section are achieved and there is no adverse impact on the adjoining property, for example:

a. an open carport on a nil side boundary setback;

b. detached garages on a nil side boundary setback where the topography

enables views to be maintained.

5. The total gross floor area of ancillary development structures is limited to 10% of the site area.

6. The maximum height of ancillary development structures is 4.0 m from existing ground level.


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7. The finished floor level of an ancillary development structure must not be more

than 1m above existing ground level at any point.

8. Greenhouses and garden sheds must be located in rear or side yards. 9. Where a site is affected by a drainage easement, pools and ancillary structures

and equipment are to be located clear of the easement.

5.b.2 Additional Controls for Communication Dishes

1. Communication dishes must be located behind the building line.

2. Communication dishes must not exceed the highest point of the roof ridgeline.

3. Communication dishes must not be visible from a public place or street.

4. Communication dishes must be sympathetic in colour with regards to the roof colour and surrounding environment.

5. Views from neighbouring properties must not be obstructed by the installation of a communication dish.

5.b.3 Additional Controls for Swimming Pools

5.b.3.1 Design and Safety Controls for Pools

1. All pools shall be designed and constructed to comply fully with the provisions of the Swimming Pools Act and Swimming Pools Regulations applicable at the time of construction / installation.

2. The Swimming Pools Act requires all pools to be separated from any residential buildings (as defined under the Swimming Pools Act) within the property and any adjoining public or private properties by Child-Resistant Barriers in accordance with the Swimming Pools Regulations and the Building Code of Australia.

3. All pools and spas shall be constructed to comply with the Sutherland Shire Environmental Specification 2011 – Swimming Pools.

4. New pools are not permitted as part of a child care centre


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5. Pools or pool child-resistant barriers which are within primary or secondary street boundary setback shall be designed to:

a. ensure that the impact of fences on the streetscape and public places is minimised and the existing landscape character is enhanced

b. ensure that the safe movement of vehicles and pedestrians is not impaired at gateways and street intersections

c. ensure that existing drainage easements are not adversely affected or impeded

d. ensure that fencing does not affect the amenity of adjoining occupants by adversely affecting views or significantly restricting solar access.

6. The pool and surrounds must be designed such that splash, drainage and spill water does not adversely affect waterways and other sensitive natural features, or adjoining properties.

7. Hard surface areas adjacent to pools shall be minimised to allow stormwater and pool overflow to permeate into the ground surrounding the pool.

8. Fill from pool excavation shall be removed from the site, except where an application involves on-site fill placement / retention. Where proposed fill location and depth must be shown on the submitted plans

9. The materials and design of any associated retaining walls shall be integrated with and complement the natural setting.

5.b.3.2 Controls for Location of Pools (and Associated Structures)

1. Pools shall be located and designed to:

a. ensure the retention of existing significant, healthy trees

b. minimise any impact on native vegetation from excavation

c. minimise any alterations to the natural topography.

2. Where the site contains significant natural landforms such as cliff faces, rock outcrops and the like, especially those which are visible from a waterway or public place, the pool shall be sited and designed to retain the natural land forms and protect the integrity and stability of geological elements in the vicinity.

3. Where a pool is located in close proximity to an existing tree, the pool surround/ decking shall be of isolated pier and beam construction to prevent tree root damage.


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4. The pool shall be located such that it is separated from any residential structures such as, a garage, carport, shed, boatshed, pergola or the like. Such non-pool structures shall be outside the pool area enclosure.

5. Where a site is affected by a drainage easement, pools and ancillary structures and equipment shall be located clear of the easement boundaries.

5.b.3.3 Controls for Height of Pools (and Associated Structures)

1. Pools shall be built so that the top of the pool is as close to existing ground as

possible.

2. Further to the above clause, the following controls apply:

a. a pool must not extend more than 300mm above existing ground level (at any point), if located within the primary or secondary street building zone.

b. an inground pool outside the areas stated in ‘a’ above must not extend

more than 500mm above existing ground level (at any point).

c. a demountable pool (i.e., those pools also known as above ground/ portable/ prefabricated pools) outside the areas stated in ‘a’ above must not extend more than 1m above existing ground level (at any point).

3. Any decks or surrounds associated with a demountable pool shall not exceed a

height of 500mm above existing ground level.


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5.b.3.4 Controls for Setbacks of Pools (and associated structures)

1. The minimum setback from the outside of the pool coping (or pool

surrounds/decking) to the primary street boundary is 7.5m. 2. The minimum setback from the outside edge of pool coping / pool decking /

paving to the side and / or rear boundary, except where landscaping with a greater height than 900mm is required or proposed, is:

a. 1.0m where a pool/ surrounds is not more than 500mm above existing

ground at any point.

b. 1.5m where a demountable pool/ is between 501mm to 1000mm above existing ground at any point.

3. Where landscaping with a height greater than 900mm is required or proposed, a

1.8m setback is required to allow a 900mm non-landscape / non-climbable zone to be provided.

5.b.4 Controls for Pool Landscaping

1. Where a pool extends above existing ground level and is visible from a waterway,

public place or adjoining property, the following measures must be used to mitigate the visual impact of the structure:

a. Landscaping shall be installed to screen the exposed sides of the pool.

b. The colour and texture of the materials comprising the exposed sides are

to match natural elements such as tree trunks, stone or seawalls. stone facing is the preferred facing material because it best complements the natural environment of Sutherland Shire.

2. Screen planting shall be provided to achieve a reasonable level of privacy

between adjoining neighbours. Such planting shall achieve a minimum mature height of 1.8m.


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2. Landscaping provided to a property is not to be located in a position that intrudes into the non-climbable zone of pool child-resistant barriers.

4. Landscaping provided to a pool should be located clear of any subsurface

drainage, water or sewer easement to eliminate root penetration into pipelines or damage during pipeline maintenance works.

Note: Suitable species list for swimming pools is located in the Environmental Specification – Landscaping.


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6. Landscaping

Good design recognises that landscape and buildings function together as an integrated system, resulting in greater aesthetic quality and amenity for the occupants, neighbours and the public domain. High quality landscape design protects and builds on the sites natural and cultural features to contribute to a development’s positive relationship to its coastal context and site. Sutherland Shire’s areas of bushland and natural beauty are valued by its residents. Landscape design in new development must recognise that existing surrounding trees, areas of habitat and natural systems must be protected and enhanced by the protection of important landscape elements, appropriate planting, bush regeneration and by minimising urban runoff.

6.a Objectives



a. to encourage planting and landscaping appropriate to this environmentally sensitive area given the native bushland and wetlands nearby and to contribute to streetscape character and the amenity of the public domain.

b. to reduce the potential for invasive plant species to escape into the

surrounding bushland.

c. to contribute to streetscape character and the amenity of the public domain by using planting and landscape elements appropriate to the sensitive coastal area and the scale of the development.

d. to add value to occupants’ quality of life by encouraging landscape treatments which provide outlooks and outdoor recreation areas of high aesthetic quality and local amenity..

e. to encourage landscape treatments which provide privacy for residents, and minimise overlooking of private open space.

f. to contribute to water and stormwater efficiency by integrating landscape design with water and stormwater management.


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g. to ensure landscaping/fencing of the side and rear properties defines the public and private domain and provides a sense of enclosure.

h. to permit casual surveillance of the public domain.

6.b Controls

6.b.1 Controls For All Development

1. Utilise deciduous trees where possible to control summer sun and facilitate winter

sun. 2. Tree and shrub planting alongside and rear boundaries should assist in providing

effective screening to adjoining properties. The minimum height of screening to be provided is 3 metres at maturity.

Note: New planting and landscaping appropriate to this sensitive coastal area should be selected in accordance with the soil type and species detailed in the Sutherland Shire Indigenous Plants Guide as detailed on Council’s website. See www.sutherlandshire.nsw.gov.au/Environment/Plants.

In assessing whether the landscaping is high quality, Council will consider the following: a. The size, shape and orientation of spaces allocated for landscaped area.

(i) Narrow spaces can rarely support vegetation of adequate scale. Where a site’s landscaped area is largely composed of very narrow spaces the design is unlikely to meet the objectives of the landscape standards, despite numerical compliance.

(ii) Whether solar access is sufficient to support the growth of the landscaping

proposed.

b. Whether the size and shape of spaces allocated for the trees and shrubs proposed are sufficient for the species to grow to maturity.

c. Whether the scale of the trees and landscaping complements the scale of the buildings and the spaces where they are located. For example, in residential zones, where it is desirable to grow medium size trees and shrubs within a side setback to screen a two storey development, a minimum width of 2m for landscaping is desirable.

http://www.sutherlandshire.nsw.gov.au/Environment/Plants


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7. Privacy

Building design must take into consideration aspects of visual privacy and noise sources and minimise their future impact on occupants. Amenity is enhanced by privacy and a better acoustic environment. This can be achieved by carefully considering the location of the building on the site, the internal layout, the building materials used, and screening devices.

Major roads generate noise, and people living and working near major transport corridors can be adversely affected. Major roads can also impact on air quality due to their volume of traffic. Building design must take into consideration the noise, vibration and air quality effects of busy roads and minimise the amenity and health impacts on future occupants.

SEPP (Infrastructure) 2007 and the Department of Planning’s Development near Rail Corridors and Busy Roads –Interim Guideline must be considered for developments near busy roads and rail corridors.

Aircraft operate over the Kurnell Peninsular and while Greenhills is located outside the 20 ANEF contour, properties located within the N70 Contour may be affected by aircraft noise. Further information on aircraft movements, particularly from aircraft departing on runway 16R, during curfew and non-curfew periods, may be obtained by consulting the 2009 Sydney Airport Masterplan at www.sydneyairport.com.au or consulting the Noise and Flight Path Monitoring System - Sydney Airport at www.airservices.gov.au. Council recommends that Australian Standard AS2021 be used to achieve a higher standard of noise attenuation for dwellings within the N70 contour. The consideration of visual privacy requires an understanding of the context of the adjacent site, site configuration, topography, the scale of the development and its layout.

7.a Objectives



a. to ensure a high level of amenity by protecting the acoustic and visual privacy of occupants within all built development and in private open spaces.

b. to ensure buildings are sited and designed so that acoustic and visual privacy and vibration from outside sources is controlled to acceptable levels.


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c. to minimise noise transmission between nearby buildings and adjoining development.

d. to ensure that new development incorporates architectural and building elements that contribute to protecting the acoustic and visual privacy of any adjoining residents.

e. to recognise the outlook and views from principal rooms and private open space without compromising visual privacy of others.

f. to minimise direct overlooking of windows and private open space so that the amenity of neighbours and intended occupants is respected.

7.b Controls


1. Locate, orientate and design new development to maximise the provision of visual privacy between buildings and between buildings and adjacent private open space.

2. Use detailed site and building design elements to increase privacy without compromising access to light and air.

3. All noise generating equipment such as mechanical plant or equipment, air conditioning units, swimming pool filters, fixed vacuum systems, mechanical ventilation from carparks, driveway entry shutters, garbage collection areas or similar must be designed to protect the acoustic privacy of residents and neighbours. All such noise generating equipment must be acoustically screened. The noise level generated by any equipment must not exceed an LAeq (15min) of 5dB(A) above background noise at the property boundary.

Note: Visual privacy may be achieved by: a. Designing the dwelling to maximise the separation distances from adjacent

dwellings and private open spaces, b. Direct the outlook from all living rooms, dining rooms, bedrooms, kitchens and

studies where possible towards the street, private open space on the development site, public open spaces, and waterways.

c. Where overlooking of adjacent living rooms, dining rooms, bedrooms, kitchens and studies or private open space is unavoidable then screening elements such as louvres and obscured glass must be used to preserve reasonable visual privacy for neighbours.

Design elements to achieve privacy may include: a. Offset windows in new development and windows of adjacent development


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b. Recessed balconies and/or vertical fins between adjacent balconies, c. Solid or semi-solid balustrades to balconies, d. Louvres or screen panels to windows and/or balconies, e. Fencing, f. Vegetation as a screen between spaces, g. Planter boxes in walls or balustrades, h. Pergolas or shading devices to limit overlooking of lower level private open

space.


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8. Daylight Access

Daylight consists of skylight – diffuse light from the sky – and sunlight – direct beam radiation from the sun. It changes with the time of day, season, and weather conditions. This variability contributes to pleasant environments in which to live and work. The careful manipulation of sunlight improves amenity and enhances energy efficiency of a building.

Achieving maximum daylight access requires consideration of the internal layout and orientation of the development as well as the surrounding development and natural features. Optimising sunlight requires the skilful resolution of design issues.

8.a Objectives



a. to design and locate buildings so that reliance on artificial light sources is minimised.

b. to provide adequate ambient lighting and minimise the need for artificial

lighting during daylight hours.

c. to provide occupants with the ability to adjust the quantity of daylight to suit their needs.

d. to minimise overshadowing of adjoining dwellings, solar collectors and outdoor recreation areas.

e. to ensure reasonable solar access is provided to private outdoor recreation areas.

f. to ensure the design of landscaped areas contributes to amenity through the sensible management of sunlight.

g. to minimise overshadowing of adjoining public open spaces.


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8.a.2 Additional Objectives for Residential Development

1. To ensure that solar access is provided to living rooms, dining rooms, bedrooms,

kitchens and studies of dwellings and encouraged in all other areas of development.

8.b Controls

8.b.1 Controls for All Built Development

1. Wherever possible, provide for the potential use of solar energy collectors by

incorporating pitched roofs facing north. 2. Avoid overshadowing of any neighbouring residential properties, particularly

north facing windows, solar collectors and garden areas adjacent to dwellings and public open spaces.

8.b.2 Additional Controls for All Residential Development

1. Living areas are to be orientated between north-west and north-east. Where the

primary view from a property is outside of this orientation, or site constraints limit design flexibility, alternative design solutions must achieve sunlight access to living areas. Alternative design solutions such as clerestory windows, skylights or building separation should be used.

2. Where orientation limits opportunities for solar access, building setbacks to the north are to be increased to maximise solar access. Care must be taken to avoid unacceptable overshadowing of land to the south.

3. Fifty per cent (50%) of the area of the required Principle Private Open Space (of

both the proposed development and any existing dwelling on an adjoining property) should receive at least 4 hours of sunlight between 9am and 3pm at the winter solstice (21 June).

4. New development must not eliminate more than one third of the existing

sunlight, to useable private open space, windows of living areas and solar collectors of an adjoining property measured at 9am and 3pm on 21 June. New dwellings must not unreasonably overshadow one third of the sunlight available to the likely location of neighbouring dwellings private open space.

5. Utilise deciduous trees, pergolas and wide eaves to control summer sun and

admit winter sun.


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Assessment Principles 1. The numerical guidelines in this chapter will be applied using the following

principles from the Land and Environment Court regarding impact of solar access on neighbours, where relevant: a. 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.

b. The amount of sunlight lost should be taken into account, as well as the

amount of sunlight retained.

c. 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.

d. To be assessed as being in sunlight, the sun should strike a vertical

surface at a horizontal angle of 22.5 degrees 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.

e. 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.

f. 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. 2. Where a person has been enjoying daylight (as distinct from sunlight) from a

window or skylight of a dwelling for a considerable period of time, the preservation of this amenity should be given major weight.


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3. If a structure is to be erected near the window or skylight, it should not intrude in a significant way within:

a. a plane set at 45 degrees to the horizontal at the sill (or, in the case of a

skylight, the edge of the skylight nearest the structure), and

b. vertical planes at 45 degrees in plan fanning out from each side of the window.


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9. Safety and Security

Crime Prevention Through Environmental Design (CPTED) is an integral component of high quality urban design and must be considered holistically throughout the design and development processes.

The principle aim of CPTED incorporates into the design of places a consideration of how people use them, with the aim of improving personal safety and security. The desired result is to reduce the level of community fear and incidence of crime. Crime is recognised as a significant issue in the Shire and through appropriate design, the potential for crime can be reduced and the provision of safer urban environments can be achieved.

Environmental design also aims to improve the safety of people in relation to potential hazards and risks. There are four principles central to crime prevention through environmental design:

Surveillance: Criminals usually do not want to be seen. Placing physical features, activities and people in ways that maximise the ability to see what is happening discourages crime. For example placing cafes and kiosks in parks increases surveillance by park users, while placing clotheslines near play equipment in a multi unit development increases surveillance of the play area. Barriers, such as solid fences, inappropriately located plantings or outbuildings, can make it difficult to observe activity.

Access control: Access can be restricted by physical barriers such as bollards, fences, doorways etc or by security hardware such as locks, chains and alarms. Human resources can also be used, such as security guards. Symbiotic barriers such as landscaping and level changes are also important to channelling movement and to designate private from public areas. All these methods aim to increase the effort required to commit a crime and therefore, reduce the potential for it to happen.

Ownership (territorial reinforcement): People usually protect territory that they feel is their own and have a certain respect for the territory of others. Fences, paving, art, signs, good maintenance and landscaping are some physical ways to express ownership. Identifying intruders is much easier in a well-defined space. An area that looks protected gives the impression that greater effort is required to commit a crime. A cared for environment can also reduce fear of crime. Areas that are run down and the subject of graffiti and vandalism are generally more intimidating than areas which do not display such characteristics.

Space Management: Popular space is often more attractive, well maintained and well used. Linked to the principle of territorial reinforcement, space management ensures that space is appropriately utilised and well cared for. Space management strategies include activity coordination, site cleanliness, rapid repair of vandalism and graffiti, the replacement of burned out pedestrian and car park lighting and the removal or refurbishment of decayed physical elements.


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9.a Objectives



a. to ensure that the design of new development carefully considers how it can minimise opportunities for future crime through passive surveillance, access control, territorial reinforcement and space management.

b. to ensure pedestrian and vehicle safety.

c. to facilitate access for emergency services. d. to minimise the risk of children drowning in swimming pools.

9.b Controls

9.b.1 Controls for all development

1. Blank walls addressing the street frontage and other public places should be

avoided. Where it is unavoidable, planting for screening purposes or anti-graffiti paint should be used.

2. Driveways and fencing must provide adequate sight distance for the safety of

pedestrians using the footpath area. 3. To facilitate access especially by emergency services, street numbering should

be adjacent to the doorway and on a vertical surface adjacent to the driveway entrance.

4. Where noise insulation is required, consider the installation of double-glazing or

other noise attenuation measures at the front of the building rather than construction of a high solid form fence.

5. Where it is possible for a person to fall through an openable window from a floor

level greater than 1.0m from a surface below, a barrier must be provided to restrict the opening so that at any point a 125mm sphere cannot pass through that section of the opening. The barrier can be provided in any robust form including a screen, louvers or mesh, and may also serve other purposes such as protection from bushfire hazard, security or solar heat load.


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10. Bush fire Requirements

An interim Bushfire Prone Land map has been prepared by Sutherland Shire Council and agreed to by the Rural Fire Service. The map, shown below, identifies a portion of Greenhills Beach as being bushfire prone land. Special bushfire construction requirements apply to all development located within a bushfire prone area. Bushfire construction standards for the various categories of bushfire prone land are to be found in the NSW Rural Fire Service publication: Planning for Bushfire Protection 2006.

Figure 2: Greenhills Beach Bushfire Prone Land Map


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10.a Objectives

10.a.1 Objectives for all development


a. to permit suitably designed development on bushfire prone land.

b. to ensure that adequate measures are implemented to lessen the risk of bushfire hazard to residential development.

10.b Controls

10.b.1 Controls for Bushfire Affected Properties

1. All new buildings and all alterations and additions to existing buildings, which are

located within a bush fire prone area must apply the bush fire construction standards in accordance with Planning for Bush Fire Protection 2006 (Appendix 3).

2. All development in the bush fire interface area must comply with the setback distances specified in Planning for Bushfire Protection 2006. The setback area shall be maintained as an asset protection zone, in accordance with the provisions of Planning for Bushfire Protection 2006. An Asset Protection Zone (APZ) is to be provided to the rear of lots with a direct interface with bushfire prone land. No building is permitted to be constructed within the APZ, and open areas and landscaped gardens must satisfy the standard prescribed as an Inner Protection Area (IPA) under the Planning for Bushfire Protection Guidelines 2006 (PBP 2006).Existing ground cover to the rear of lots is to be maintained at a level that minimises fire fuels, such that garden mulch is minimised, garden shrubs are regularly pruned and leaf litter is regularly cleared.


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11. Views

Views of waterways, bushlands, landmark buildings and district views contribute to the amenity of private property and the public domain. New development needs to be designed so that it is sensitive to existing views and view corridors and minimises impacts on views.

View sharing is the concept of sharing vistas and views through sensitive design that fully or in part, maintains view corridors and provides amenity to neighbouring private or public properties. The principles of view sharing are adopted to allow a reasonable balance between realising development potential and protecting amenity.

11.a Objectives



a. to ensure new development minimises view loss for neighbouring properties.

b. to protect and enhance existing views from public places.

c. to ensure development achieves a reasonable balance between the retention of existing views and the likely location of adjacent development

d. to require view sharing between dwellings.

11.a.2 Additional Objectives for Residential Development

1. The objective of this clause is:

a. to ensure, where possible, dwellings are designed with living areas facing the view.

11.b Controls

11.b.1 Controls For All Development

1. Development must be sensitively designed so that it fully or in part maintains

existing view corridors so that the amenity of neighbouring public and private


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property is balanced with amenity afforded to the new development. However, where views are gained across vacant residential lots, residents cannot reasonably expect such views to be retained where view loss is the result of development that complies with planning controls.

2. The height of buildings must be minimised to maintain existing view and view corridors by:

a. stepping buildings down the site.

b. using only single storey elements.

c. avoiding steep roofs

d. breaking up the built form.

3. Buildings must be located within the site to maintain existing views and view corridors by:

a. identifying existing views and view corridors and locating and designing buildings to minimise the loss of views enjoyed from other buildings or public places, while still providing views from the development itself.

b. incorporating increased (more generous) setbacks and greater separation between buildings.


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12. Child Care Centres

The design and construction of child care centres requires special attention to assist owners and operators in providing high quality, functional child care. The State Government is responsible for licensing child care centres under the Children (Care and Protection) Act which is managed by the NSW Department of Community Services (DOCS) has separate regulations which must be satisfied. Sutherland Shire Council is responsible for the land-use planning and building standards in the Shire. This Policy is intended to be complementary to DOCS requirements. It identifies particular issues over which Council has care and control. Whilst DOCS requirements are not reiterated in any detail in this plan, it must be noted that Council will not grant approval to any proposal which is not supported in principle by DOCS. Similarly, initial support from DOCS does not guarantee Council approval.

12.a Objectives

12.a.1 Objectives for Childcare Centres

1. The objectives of this section are to:

a. to achieve development of high quality in its provision of services and facilities for children and their carers.

b. ensure childcare centres are located and designed so that they do not

pose a health or safety risk to children using the centre, particularly where they are proposed in close proximity to main roads, industrial development, railway lines, transmission lines and electrical substations.

c. ensure childcare centres are situated such that the environmental impact

on health from sources such as noise and air pollution are minimised.

d. to ensure that the orientation and operation of this type of development does not detrimentally impact on the amenity of adjoining residential development.

12.b Controls

12.b.1 Controls for Child Care Centres


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12.b.1.1 General

1. The design of a childcare development must cater for the requirements of the

children, babies, parents and all the staff required for the operation of the centre or facility. The detailed design of the development is to be in accordance with the NSW - Children’s Services Regulation 2004.

2. The childcare development will be required to be licensed by the Department of

Education and Communities before it is allowed to operate. The applicant needs to consult with (DEC) before submitting the Development Application with Council.

12.b.1.2 Health and Safety

1. Childcare centres, additions to existing centres, or the expansion of child

numbers at existing childcare centres that are located within 150m of major roads where traffic volumes exceed 6,000 vehicles per day must undertake air quality testing to determine and evaluate the existing and potential risk to the health of children in the proposed development. Air quality testing must demonstrate that the air quality at the centre will be in accordance with the NSW Environmental Protection Authority (EPA) and National Environment Protection Measures (NEPM) Guidelines for PM10, PM2.5, Nox, CO, SOx, Benzene, Toluene and Lead (PH). As a precautionary measure, an air quality management plan and limited monitoring regime (every three years over a period of 10 years) may also be required where air quality tests show elevated air pollutant levels but do not exceed current air quality standards.

2. Childcare centres must not be located adjacent to development that is subject to

SEPP 33, where the storage of chemicals and other potentially dangerous substances presents a risk of gas leak or explosion.

3. Childcare centres must not be located adjacent to general or heavy industrial

land uses where the activities create a health or safety risk for the children or other users of the childcare centre.

4. Childcare centres must not be located adjacent to or in view of the entrance to

injecting rooms, drug clinics, brothels or sex shops. 5. Ensure parking and manoeuvring around the development allows safe set down

and pick up of children. Parking areas must be fenced to separate the carpark from the childcare centre to prevent children exiting directly from the building into the carpark.

6. Childcare centres are not permissible in dead end streets or cul-de-sacs due to

traffic movement and parking problems.

http://www.legislation.nsw.gov.au/summarize/inforce/s/1/?xref=RecordType%3DSRTOC%20AND%20Year%3D2004%20AND%20SRNo%3D260&nohits=y


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7. Childcare centres must be no closer than 50m to mobile phone towers, or antennas or transmission line easements, or other similar electromagnetic radiation sources.

8. Entry is to be limited to one secure point that is appropriately located to allow ease of access, safe from pedestrian and vehicle transition areas, visible from the street and well lit.

9. Appropriate viewing and supervisory areas must be provided in all internal and

external areas.

12.b.1.3 Facilities

1. A childcare development must provide the following facilities:

a. Generally:

i. a room or an area that is used only for administration of the service and for private consultation between staff and parents, and

ii. a room or an area, located away from the areas used by children,

that is used for respite of staff, and iii. a room or an area that is used only for sleeping for children under

2 years of age. b. Indoor play space per child that is exclusively for the use of children

provided with education and care while in attendance at the service. c. Outdoor play space per child that is exclusively for the use of children

provided with education and care while in attendance at the service. d. The outdoor play space must be adequately shaded in accordance with

guidelines published by the New South Wales Cancer Council under the title ‘Shade for Child Care Services’.

12.b.1.4 Management of Clothes Washing, Nappy Storage and Laundering

1. All childcare developments must have laundry arrangements, whether on the

premises or through another childcare development, service or arrangement. 2. The premises of a childcare development must have safe, sanitary facilities for

the storage of soiled clothes, linen and nappies before laundering or disposal.


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3. Childcare developments with children under 3 years of age must have laundry

facilities available on the premises of the development, being facilities that include at least a laundry tub connected to both hot and cold water.

12.b.1.5 Craft Preparation Facilities

1. The premises of a centre based or mobile childcare development must have

separate facilities (including a sink, bench top and lockable cupboard) for use in craft activities.

2. The area must not be next to any food preparation facilities or nappy change

area at the premises.

12.b.1.6 Food Preparation Facilities

1. The premises of a children’s service must have a designated area that is both

safe and hygienic, for food preparation and storage. 2. Facilities in the designated area must include a stove or microwave, sink,

refrigerator, suitable disposal facilities and hot water supply. 3. Facilities for the preparation and storage of food must be designed, located and

maintained so as to prevent children from gaining access to any harmful substance, equipment or amenity.

12.b.1.7 Additional requirements for food preparation for children under 2 years of Age

1. In addition to a food preparation area, a centre based children’s service must

also have a designated area that is both safe and hygienic, for the preparation of bottles for children under the age of 2 years.

2. Any area in which bottles are prepared for children under the age of 2 years,

must be separate from any area in which nappy-changing facilities are provided.

12.b.1.8 Toilets and Washing Facilities

1. The premises of a childcare development must have toilet, hand washing and

bathing facilities that are safe and appropriate to the ages of the children at the


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premises and must have products and equipment for cleaning those facilities whenever necessary.

2. The sanitary facilities of a childcare centre must comply with the requirements for

class 9b buildings (Early childhood centres) of clause F2.3 of the Building Code of Australia.

Note to Subclause 2: Table F2.3—9b of the Building Code of Australia (BCA) provides that for every 15 children or part thereof there must be: (a) a junior toilet or adult toilet with a firm step and a junior seat, (b) one hand basin either with a firm step, or at a height so as to provide reasonable child access.

12.b.1.9 Nappy Change Facilities

1. The following facilities must be provided at the premises of a childcare

development if any child provided with the service wears nappies: a. a stable surface for changing nappies, together with a mat that has an

impervious washable surface, for every 10 children (or part thereof),

b. hand washing facilities for adults in the immediate vicinity of the nappy changing area,

c. sanitary facilities for the storage of soiled nappies pending laundering or disposal of the nappies,

d. if the children’s soiled clothing is laundered by the staff of a childcare development, adequate facilities for laundering the clothing or otherwise dealing hygienically with waste,

e. facilities for the storage of clean nappies,

f. an age appropriate washing facility with temperature regulated hot and cold running water in, or adjacent to, the nappy change area,

g. a sluice or contaminated waste disposal unit in the nappy change area.

2. The nappy changing facilities must be designed, located and maintained so as to prevent unsupervised access by children.

3. The nappy changing facilities must be separated from food preparation facilities

and craft preparation facilities.


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12.b.1.10 Sleeping Facilities

1. The premises of a childcare development must have an adequate number of

cots, beds, stretchers or sleeping mats (together with waterproof covers) or other culturally appropriate forms of bedding for all children who sleep while at the premises.

2. Provision must be made at the premises of a childcare development to ensure

that: a. mattresses and other bedding are clean and comfortable,

b. bed clothing is appropriate to the climate,

c. all bed clothing is kept clean and in good repair, d. there is individual bed linen and blankets for each child,

e. children do not share the same bed at the same time,

f. bed linen used by one child is washed before it is used by another child,

g. no child who is of or above 7 years of age sleeps in the same room as

another child of the opposite sex who is not a relative,

h. no child who is of or above the age of 2 years, and (except with the written consent of a parent of the child) no child who is under the age of 2 years, sleeps in a room in which an adult is sleeping.

3. Cots, beds, stretchers, mattresses and other bedding at the premises of a

children’s service must be arranged so as: a. to be in an area that has natural light,

b. to allow easy exit of any child,

c. to allow easy access to any child, and

d. to reduce the risk of cross infection between children.

4. A sleeping area for children must be designed to ensure that all children in the area are readily accessible to staff of the childcare development.

12.b.1.11 Storage Facilities


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1. The premises of a childcare development must have storage facilities (whether fixed or movable) that are secure and inaccessible to children.

2. The premises of a childcare development must have:

a. storage facilities for indoor and outdoor equipment, and

b. storage facilities that give each child provided with the service at the

premises access to a space for storage of the child’s personal belongings.

3. Equipment used for providing a mobile children’s service may be stored at any premises at which the service is provided, at the offices of the service or in any vehicle used to transport equipment used for providing the service.

12.b.1.12 Swimming Pools

1. There must not be a swimming pool (within the meaning of the Swimming Pools

Act 1992) on the premises of any childcare development unless the pool existed on the premises before 6 November 1996.

2. Any swimming pool on the premises of a childcare development before the

commencement of this clause must be fenced. The fencing must be in accordance with the Swimming Pools Act 1992 (whether or not that Act applies to the swimming pool concerned).

12.b.1.13 Development and Play Equipment

1. Play equipment (whether fixed or not) used on the premises of a childcare development must not constitute a hazard to children.

12.b.1.14 Ventilation, Light and Heating

1. The premises of a children’s service must have access to natural light and must

be properly ventilated, lit and heated when children are being provided with the service.

12.b.1.15 Hot Water

1. Hot water from any outlet accessible to children at a childcare centre must be

regulated to keep the temperature of water from the outlet below 43.5 degrees

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Celsius.

12.b.1.16 Fencing

1. Any part of the premises of a childcare development that is designated for

outdoor play space must be fenced on all sides.

2. The design and height of any fence or gate on the boundaries of premises must prevent children from scaling or crawling under or through it and must inhibit or impede intruders from entering the premises.

3. Any side of a stairway, ramp, corridor, hallway or external balcony on the premises of a child care centre that is not abutting a wall must be enclosed to prevent a child being trapped or falling through.

4. All gates leading to or from the premises of a childcare development must be designed so as to prevent children from entering or leaving premises unsupervised.

12.b.1.17 Landscaping

1. The landscape design for child care centres must:

a. not include toxic, spiky or other hazardous plant species.

b. provide tree and shrub planting along the boundaries which adjoin

residential properties. The screen planting is to provide a minimum height of 3 metres.

12.b.1.18 Impacts on adjoining development

1. Outdoor play areas must be sited and designed so that intensively used outdoor

areas are situated away from neighbouring development, as best as practicable. 2. Outdoor play areas must be carefully designed so that changes in levels or

elevated areas protect the amenity of adjoining development.

3. Heavily utilised outdoor play areas are best orientated between north-west and north-east portion of the site to gain better solar access to these spaces.

4. Ensure parking and manoeuvring areas allows for safe set-down and pick up of children.


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5. Parking areas must be fenced to separate the car park from the child care centre to prevent children exiting directly from the building into the car park.

6. Childcare centres shall provide 1 space for every 4 children in attendance.

7. Car parking must minimise disruption to street traffic, and both internal and

external use by pedestrians by ensuring vehicles enter and leave the site in a forward direction. Reversing manoeuvres directly to the street are to be avoided to ensure the safety of children.

2.c Assessment Principles for the Siting of Childcare Centres 1. In assessing an application for a childcare centre in a location where building

users are likely to be exposed to health or safety risk (such as long term exposure to air pollution from major roads or industrial areas), Council will adopt a ‘precautionary principle’ approach. Such an approach requires that where serious or irreversible risks to health are identified, uncertainty over the scale or nature of the impacts should not be used as a reason for postponing measures to prevent health risk. Measures employed to prevent adverse health impacts may include relocation and redesign to reduce exposure, screening, or refusal of the application.


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13. Environmental Risk – Acid Sulfate Soils

13.a Objectives

1. The objectives of this clause are as follows:

a. to manage any disturbance to acid sulfate soils so as to minimise impacts on natural waterbodies, wetlands, native vegetation, agriculture, fishing, aquaculture and urban and infrastructure activities,

b. to require appropriate assessment and management measures for works that

would disturb soils or groundwater levels on land identified as having, or potentially having, acid sulfate soils,

c. to require special assessment of certain development on land identified as being subject to risks associated with the disturbance of acid sulfate soils.

13.b Controls

1. An Acid Sulphate Soils Investigation is required where the following works are proposed as described in Table 1 below on land of the class specified for those works. The class of land is shown on the Greenhills Beach Acid Sulfate Soils Map (Figure 3). Where the investigation detects such soils, an Acid Sulphate Soils Management Plan must be prepared as per the Acid Sulphate Soils Manual 1998.

Class of land as shown on Acid Sulfate Soils Map

Works

1 Any works.

2 Works below the natural ground surface. Works by which the watertable is likely to be lowered.

3 Works beyond 1 metre below the natural ground surface. Works by which the watertable is likely to be lowered beyond 1 metre below the natural ground surface.

4 Works beyond 2 metres below the natural ground surface. Works by which the watertable is likely to be lowered beyond 2 metres below the natural ground surface.

5 Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that are likely to lower the watertable below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.


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Figure 3: Greenhills Beach Acid Sulfate Soils Map


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2. Consent must not be granted under this clause unless:

a. an acid sulfate soils management plan has been prepared for the proposed

works in accordance with the Acid Sulfate Soils Guidelines and has been provided to the consent authority, and

b. the consent authority has considered the likelihood of the proposed works resulting in the discharge of acid water, and

c. the consent authority is satisfied that any disturbance of acid sulfate soils resulting from the proposed works will be managed so as to minimise impacts on natural waterbodies, wetlands, native vegetation, agriculture, fishing, aquaculture and urban and infrastructure activities.

3. Consent is not required under this clause for the carrying out of works if:

a. a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Guidelines indicates that an acid sulfate soils management plan need not be carried out for the works, and

b. the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.

4. This clause does not require consent to carry out any works unless:

a. the works involve the disturbance of more than 1 tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial waterbodies (including swimming pools) or foundations, or flood mitigation works, or

b. the works are likely to lower the water table.


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14. Administrative Provisions

The Environmental Planning and Assessment Act, 1979 requires Council to advertise specific types of development. Consequently, Council has adopted additional public consultation procedures to ensure that the community is consulted where there may be an impact on the neighbourhood from development. The method of notification is dependent on the scale of development and degree of environmental impact. Not all development applications require notification or public exhibition. Details of the neighbour notification process are contained within this chapter.

Note: All development applications received by Council will be published on Council’s webpage. The assessment progress of each application can be followed by any member of the community via DA Tracking On-Line.

14.a Objectives

14.a.1 Objectives for Development Requiring Notification


a. To enable consultation with the community for types of development not

anticipated in a zone so that council can be aware of all the relevant issues and community concerns when determining a development application for forms of development not anticipated in a zone.

b. To identify members of the community who will be notified of a development application being received by Council.

c. To identify development that will be publicly exhibited prior to Council assessment of a development application.

d. To identify how the community and public authorities will be notified of specific proposals.

14.a.2 Exception

1. This chapter does not apply to:


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a. Designated Development.

b. ‘Exempt Development’ as stated in the State Environmental Planning Policy (Kurnell Peninsula) 1989.

Note: Designated development will require public exhibition under the requirements of the Environmental Planning and Assessment Act.

14.b Controls

14.b.1 Controls for Development Requiring Notification

Note: Not all development applications require notification or public exhibition.

14.b.1.1 Development Applications to be publicly exhibited

1. Development applications are to be publicly exhibited as per the notification

requirements specified in the Table to this chapter.

2. As specified in the Table to this chapter, Development Applications will be publicly exhibited by: a. Notification letter to land owners, and various community organisations; or b. Display of notice on the land; or c. Publication on Council’s web page; or d. A combination of the above.

Note to Subclause 2: Applications that are insufficient for the purposes of public exhibition and/or notification will be rejected. Refer to the Sutherland Shire Development Application Guide – A Guide to Lodging A Development Application With Council for application requirements.

3. Notwithstanding the table to this chapter, if the proposal is potentially contentious or likely to be of significant interest to the community, Council has the discretion to determine whether of the notification requirements should be expanded (i.e. notification letter, display of notice on land, notice in a local newspaper, display on website).


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14.b.1.2 Notification Letter

1. Where required by the Tables in this chapter, a letter of notification of the receipt of a development application must be forwarded to the following:

a. Persons who own adjoining or neighbouring land to an application site,

according to Council’s rates and property register, as indicated in Figures 1 and 2.

Figures 1 and 2:

Notification of Adjoining Landowners (minimum standard except for notification of an application of inclinators).

b. Relevant community organisations which, in Council’s opinion, may need to

provide input on the proposed development.

c. Where adjoining land is a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973, a letter of notification must be forwarded to the owners’ corporation within the strata scheme and to property owners.

d. Where adjoining land is a lot within the meaning of the Strata Schemes

(Leasehold Development) Act 1986, a letter of notification must be forwarded to the owners’ corporation under the leasehold strata scheme and to property owners.

e. If, in Council’s opinion, there are any other persons or parties likely to be affected by the proposed development, Council may broaden the extent of


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notification where the enjoyment of the land may be detrimentally affected in relation to, but not limited to:

i. The views to and the view from the land; ii. Overshadowing; iii. Privacy; iv. Noise; v. The visual quality of the building in relation to the streetscape; vi. Existing amenity.

2. Notwithstanding the contents of the Tables in this Chapter a Notification letter will

be sent in accordance with this clause inviting submissions, where • the application proposes the demolition of a heritage item • the proposed development contains one or more dwellings and the application

is accompanied by an objection under State Environmental Planning Policy No. 1, or cannot be approved without such an objection

• the application proposes a child care centre or seniors housing 3. Notwithstanding the contents of the Tables in this Chapter, a Notification letter

will be sent in accordance with this clause inviting submissions, where i. the proposed development is accompanied by an objection under State

Environmental Planning Policy No. 1, or cannot be approved without such an objection

4. The letter of notification must provide the following information:

a. A description (including the address) of the land to which the development application relates.

b. A description of the proposed development.

c. An A4 copy of the site plan and elevations.

d. The name of the applicant.

e. The name of the contact person through which enquiries can be directed.

f. For an application requiring a notification letter:

a. A statement specifying that the application may be inspected at the

Administration Building of Council at any time during normal office hours for a period of 14 days.

b. The letter must specify that any person may make a submission in

writing to Council in relation to the development application and that submission may be made available for the community to view.


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Where the submission is by way of objection, the grounds of objection must be specified in the submission.

g. The letter must direct the receiver to Council’s webpage and specifically to the following information: i. An explanation of the system of development application assessment; ii. The types of development permissible in the zone; and iii. The location of the Track It On Line service, which enables applicants

and the community to track the progress of an application.

Note: Notwithstanding the Table to this chapter, it will remain at the discretion of Council to notify an application considered to be of significant community interest. Neighbour notification over the Christmas period will be dealt with on an annual basis by way of a specific resolution of Council.

14.b.1.3 Advice of Lodgement

1. Where required by the Tables in this chapter, a letter of advice of lodgement of the receipt of a development application must be forwarded to the following: a. Persons who own adjoining or neighbouring land to an application site, according to Council’s rates and property register, as indicated in Figures 1and 2.


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Figures 1 and 2: Notification of Adjoining Landowners (minimum standard except for notification of an application of inclinators).

b. Relevant community organisations which, in Council’s opinion, may need to provide input on the proposed development. c. Where adjoining land is a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973, a letter of advice must be forwarded to the owners’ corporation within the strata scheme and to property owners. d. Where adjoining land is a lot within the meaning of the Strata Schemes (Leasehold Development) Act 1986, a letter of advice must be forwarded to the owners’ corporation under the leasehold strata scheme and to property owners. e. If, in Council’s opinion, there are any other persons or parties likely to be affected by the proposed development, Council may broaden the extent of advice where the enjoyment of the land may be detrimentally affected in relation to, but not limited to: i. The views to and the view from the land ii. Overshadowing

iii. Privacy iv. Noise v. The visual quality of the building in relation to the streetscape vi. Existing amenity. 3. The letter of advice of lodgement must provide the following information: a. A description (including the address) of the land to which the development application relates b. A description of the proposed development c. An A4 copy of the site plan and elevations. d. The name of the applicant e. The name of the contact person through which enquiries can be directed f. For an application requiring a letter of advice of lodgement: i. A statement specifying that the application may be inspected at the Administration Building of Council at any time during normal office hours until the application is determined. g. The letter must direct the receiver to Council’s webpage and specifically to the following information: i. An explanation of the system of development application assessment; ii. The types of development permissible in the zone; and iii. The location of the Track It On Line service, which enables applicants and the community to track the progress of an application.


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Note: Notwithstanding the Table to this chapter, it will remain at the discretion of Council to notify an application considered to be of significant community interest. Neighbour notification over the Christmas period will be dealt with on an annual basis by

way of a specific resolution of Council.

14.b.1.4 Display of a Notice on the Land

1. The notice must be erected at the applicant’s expense by Council on the land to

which the development application relates. 2. The notice must:

a. Be displayed on a signpost or board constructed in a sturdy manner and

comprising durable and weatherproof materials. b. Contain lettering which is clear, legible and able to be read from a public

road, public place or public reserve. c. Be written under the heading in bold type “DEVELOPMENT

APPLICATION”. d. Contain the following information:

i. A statement that the application has been lodged. ii. The name of the applicant. iii. A brief description of the development application. iv. Where the application meets the criteria specified in 14.b.1.2

subclause 3 above, the notice must include: a. A statement specifying that any person may make a submission in

writing to Council in relation to the development application. Where the submission is by way of objection, the grounds of objection must be specified in the submission

b. A statement outlining that any submissions are available for viewing by

the applicant or any other person with a relevant interest in the application.

c. Directions to Council’s webpage and specifically to Track It On Line.

14.b.1.5 Notification requirements for revised plans

1. Revised plans lodged during assessment and before Council’s or the Court’s

determination, will be publicly exhibited in the same way as the original application, but only where the changes being sought intensify or change the


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external impact of the development to the extent that neighbours, in the opinion of Council, ought to be given the opportunity to comment.

14.b.1.6 Notification of Application for staged consent

1. Where an application is received for staged consent, the initial application will be

notified as per the requirements for a development application within this chapter. 2. Any applications received or consents issued for the stages following the initial

application will not be further notified.

14.b.1.7 Notification of Application to modify a consent (under s96 of the Act)

1. Where an application is lodged to modify a development application after

Council consent has already been given, the notification requirements according to this section will vary according to the subsection of the Environmental Planning and Assessment Act that applies to the proposed modification, as follows:

a. Modification of consent under s96(1) does not require notification. b. Modification of consent under s96(1A) does not require notification if, in the

opinion of council, all alterations result in minor change to the approved development.

c. Modification of consent under s96 (2) requires notification if the original development application required notification, and in the same manner, except, where in the opinion of council, all alterations result in minor change to the approved development.

d. Modification of consent under s96AA requires notification if the original development application required notification, and in the same way, except where, in the opinion of council, all alterations result in minor change to the approved development. However, each person who made a submission in respect of the initial development application must be notified regardless of the extent of the impacts of the proposed modification.

Note: The notification requirements for modification of development consent for:

Designated Development,


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State significant advertised development,

or any other advertised development not determined by Council, are set out in the appropriate clauses in the Environmental Planning and Assessment Regulations. This includes all the instances above where consent was granted by the Court.

14.b.1.8 Notification of Application to review a decision (under s82A of the Act)

1. Where an applicant requests a review of a determination of a development

application, in accordance with section 82A of the Environmental Planning and Assessment Act 1979, notification is not required where, in the opinion of council, no significant amendments to the plans or significant new information has been submitted, or where there were no submissions received in response to the first notification. Otherwise, notification will be in the same manner as the original notification.

14.b.1.9 Notification of the determination of a Development Application

1. When a submission has been received from a member of the community during

the exhibition period of a development application, a letter acknowledging receipt of that submission will be forwarded to the sender. Once Council determines, or in the situation where the Land and Environment Court determines, the application, a further letter will be forwarded to all persons who made submissions informing them of Council or the Court’s decision in relation to the development application. The letter will not contain justification of the decision or an explanation as to the basis of the conclusions reached.

2. Where a number of submissions have been made, particularly in the form of an

objection, Council may place a notification in a local newspaper (under the provisions of section 101 of the Environmental Planning and Assessment Act 1979 as amended) of the approval of the application.

3. Where a submission in the form of a petition is received, the petition should

specify the details of the contact person to whom all correspondence must be addressed. A letter sent to that contact person is taken to be a letter to all signatories on that petition. When a petition is received, Council will use its best endeavours to notify the organiser of the petition.

4. Upon determination of an application that was not required to be notified, a letter

will be forwarded to adjoining property owners advising that a development


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application has been received and determined. The letter will specify the description of the development application, and whether it has been approved or refused. However, this clause does not apply to the removal of trees.

Type of development A

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Zone E4 Environmental Living

The following development requiring development consent: ancillary development, including home activities except;

building alterations and additions

tennis courts (private)

development that would otherwise be Exempt

demolition

dwelling houses

drainage

childcare centres – other than ancillary or minor works

tree removal

All other development requiring development consent

Note: If a development application falls into more than one type of development category, the more intensive form of notification will take place.


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Glossary

Ancillary Development – includes all forms of development and structures listed in Section 4 of this Code. BAL (Bushfire Attack Level) – 12.5 - Attack by burning debris is significant with low levels of radiant heat (not greater than 12.5kW/m2). Radiant heat is unlikely to threaten building elements (i.e. unscreened glass). Specific construction requirements for ember protection and accumulation of debris are warranted (Level 1 construction standards required). BAL (Bushfire Attack Level) – 19 - Attack by burning debris is significant with an increased radiant heat levels (not greater than 19kW/m2) threatening some building elements. Specific construction requirements for protection against embers and radiant heat are warranted (Level 2 construction standards required).

Building Height (or Height of Building) means the vertical distance between ground level (existing) and the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like. Building Line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and:

(a) a building wall, or

(b) the outside face of any balcony, deck or the like, or

(c) the supporting posts of a carport or verandah roof, whichever distance is the shortest.

Child Care Centre means a building or place used for the supervision and care of children that:

(a) provides long day care, pre-school care, occasional child care or out-of-school-hours care, and

(b) does not provide overnight accommodation for children other than those related to the owner or operator of the centre,

but does not include:

(c) a building or place used for home-based child care, or

(d) an out-of-home care service provided by an agency or organisation accredited by the Children’s Guardian, or

(e) a baby-sitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or


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(f) a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, or

(g) a regular child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium), by or on behalf of the person conducting the facility, to care for children while the children’s parents are using the facility, or

(h) a service that is concerned primarily with the provision of:

(i) lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or

(ii) private tutoring, or

(i) a school, or

(j) a service provided at exempt premises (within the meaning of Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998), such as hospitals, but only if the service is established, registered or licensed as part of the institution operating on those premises.

Existing Ground Level, in relation to land, means the level of the land:

(a) in the case of land where no previous development has taken place, in its undisturbed state, or

(b) in the case of land on which development has previously taken place, the level of the land before any demolition, construction or excavation work connected with the development occurred.

The 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. Ground Level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development. 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

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(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.

Landscaped Area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.

Private Open Space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.

Principal Private Open Space (PPOS) means the portion of private open space which is conveniently accessible from a living area of the dwelling.

Secondary Dwelling means a self-contained dwelling that:

(a) is established in conjunction with another dwelling (the principal dwelling), and

(b) is on the same lot of land as the principal dwelling, and

(c) is located within, or is attached to, or is separate from, the principal dwelling.

Site Area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under SEPP Kurnell.

Storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:

(a) a space that contains only a lift shaft, stairway or meter room, or

(b) a mezzanine, or

(c) an attic

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