independent hearing and assessment panel | 19 october … 3... · property applications:...

Independent Hearing and Assessment Panel | 19 October 2016

IHAP No. Item No. 3

DA No. DA-2016/1113

Proposal Residential- alterations and additions

Property 13 Paradise Avenue, Mount Pleasant NSW 2518

Lot 13 DP 213718

Applicant South Coast Drafting

Responsible Team Development Assessment and Certification - Building and Certification Team (EF)

ASSESSMENT REPORT AND RECOMMENDATION

Executive Summary

Reason for consideration by Independent Hearing and Assessment Panel The proposal has been referred to IHAP pursuant to Clause 3.9 of the IHAP Charter.

Proposal The proposal is for a first floor addition to an existing single storey dwelling.

Permissibility The site is zoned R2 Low Density Residential pursuant to Wollongong Local Environmental Plan 2009. The proposal is categorised as a dwelling house and is permissible in the zone with development consent.

Exhibition The proposal was notified in accordance with Council’s Notification Policy and received Five (5) submissions. The Five submissions received are discussed at section 2.9 of this report.

Consultation External Referrals

None required

Internal Referrals

None required

Main Issues The main issue is:

• View sharing

RECOMMENDATION It is recommended that DA-2016/1113 be approved subject to the draft conditions provided in Attachment 5.

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1. APPLICATION OVERVIEW

1.1 PLANNING CONTROLS

The following planning controls apply to the development:

State Environmental Planning Policies:

• SEPP No. 55 – Remediation of Land

• SEPP (Building Sustainability Index: BASIX) 2004

Local Environmental Planning Policies:

• Wollongong Local Environmental Plan (WLEP) 2009

Development Control Plans:

• Wollongong Development Control Plan (WDCP) 2009

Other policies

• Wollongong Section 94A Development Contributions Plan 2015

1.2 PROPOSAL

The proposal seeks approval for the construction of a first floor addition to an existing single storey dwelling.

1.3 BACKGROUND

Property Applications: BC-1991/962, Brick Cottage with Metaldeck Roof and Pool Area.

The above Building Certificate was approved 24 July 1991.

Customer service actions

There are no outstanding customer service requests that would preclude the development.

1.4 SITE DESCRIPTION

The site is located at Lot 13, DP 213718, No. 13 Paradise Avenue Mount Pleasant. The site has an area of 556.4m2 and currently contains a single storey dwelling house and a swimming pool

Property constraints

Council records identify the land as:

• being unstable land.

DP 213718 identifies no easements or restrictions on the title of the property. However, the deposited plan identifies that a piped watercourse runs through the rear of the property.

A title search of the property identified that the site is subject to the following under J789127 covenant (Attachment 4):

• A right of carriage way over all that strip of land being 8 feet wide and extending for a distance of 93 feet 2½ inches or thereabouts immediately adjacent to the eastern boundary of and bounded on the north and south by the northern and southern boundary of the land.

• No building other than a single storey dwelling house with the usual offices shall be erected upon the land hereby transferred and every such dwelling house shall front the road adjoining the land upon which it is built.

• No dwelling house of less value than £4,500.00 shall be erected on the land hereby transferred and such value shall be the actual cost of labour and materials alone.

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• No dwelling house shall be erected or built of galvanised iron or (other than the roof thereof) of fibro.

• No fence shall be built upon the land hereby transferred to a greater height of 2 feet and 6 inches.

Figure 1 - Aerial Photograph

1.5 CONSULTATION

1.5.1 INTERNAL CONSULTATION

None required.

1.5.2 EXTERNAL CONSULTATION

None required.

1.5.3 REFERRAL TO INDEPENDENT HEARING AND ASSESSMENT PANEL (IHAP)

The proposal has been referred to IHAP pursuant to Clause 3.9 of the IHAP Charter, being an application deemed to be of significant community interest through written notification by both the General Manager and the Director Planning and Environment.

2. ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 SECTION 79C ASSESSMENT

(1) Matters for consideration—general

In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

(a) the provisions of:

(i) any environmental planning instrument, and See section 2.1

(ii) any proposed instrument that is or has been the subject of public See section 2.2

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consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

(iii) any development control plan, and See section 2.3

(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and

See section 2.4

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), that apply to the land to which the development application relates,

See section 2.5

(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),

See section 2.6

that apply to the land to which the development application relates,

(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

See section 2.7

(c) the suitability of the site for the development, See section 2.8

(d) any submissions made in accordance with this Act or the regulations, See section 2.9

(e) the public interest. See section 2.10

2.1 SECTION 79C 1(A)(I) ANY ENVIRONMENTAL PLANNING INSTRUMENT

2.1.1 STATE ENVIRONMENTAL PLANNING POLICY NO. 55 – REMEDIATION OF LAND

7 Contamination and remediation to be considered in determining development application

A desktop audit of previous land uses does not indicate any historic use that would contribute to the contamination of the site. There are no earthworks proposed and the proposal does not comprise a change of use. No concerns are raised in regard to contamination.

2.1.2 STATE ENVIRONMENTAL PLANNING POLICY (BUILDING SUSTAINABILITY INDEX: BASIX) 2004

SEPP BASIX applies to the development.

In accordance with Schedule 1 of the Regulations and SEPP 2004 a BASIX Certificate (Certificate No. A257578) has been submitted in support of the application demonstrating that the proposed scheme achieves the BASIX targets.

The aforementioned certificate is dated no earlier than 3 months of the lodgement of this application.

2.1.3 WOLLONGONG LOCAL ENVIRONMENTAL PLAN 2009

Part 1 Preliminary

Clause 1.4 Definitions

Dwelling house means a building containing only one dwelling.

A dwelling house is permitted with consent in the R2 Zone.

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Clause 1.9A Suspension of covenants, agreements and instruments

For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant of other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

In this instance a ‘Private Covenant’ is applicable to the subject site, which reads as follows (Attachment 4):

• No building other than a single storey dwelling house with the usual offices shall be erected upon the land hereby transferred and every such dwelling house shall front the road adjoining the land upon which it is built.

The identified private covenant is not a restriction which has been imposed by Council, or which the Council has required to be imposed.

As the covenant is not a type captured by parts 2(a) – (h) of Clause 1.9A, it can therefore be set aside. Accordingly, Council is empowered to grant consent, and an applicant would be entitled to act on any such consent granted.

Part 2 Permitted or prohibited development

Clause 2.2 – zoning of land to which Plan applies The zoning map (Attachment 1) identifies the land as being zoned R2 Low Density Residential

Clause 2.3 – Zone objectives and land use table The objectives of the zone R2 Low Density Residential are as follows:

• To provide for the housing needs of the community within a low density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposal is satisfactory with regard to the above objectives. It provides a single dwelling house within a low density residential environment. Clause 2.7 Demolition requires development consent Demolition of part of the existing roof structure is permissible with consent.

Part 4 Principal development standards

Clause 4.3 Height of buildings The proposed building height of 8.17m does not exceed the maximum of 9m permitted for the site.

Clause 4.4 Floor space ratio Maximum FSR permitted for the zone: 0.5:1

FSR provided: 235.13m²/556..4m² = 0.43:1

Part 7 Local provisions – general Clause 7.1 Public utility infrastructure The subject site is already serviced by public utilities.

Clause 7.6 Earthworks No earthworks are proposed as part of the development application. However, as engineers certification is required for the live and dead loads that will be placed on the existing footings system by the proposed first floor addition, minor earthworks may be required to underpin existing footings or provide additional footings for structural support. In any case any earthworks that may occur are considered minor, reflective of normal residential construction and thus acceptable.

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2.2 SECTION 79C 1(A)(II) ANY PROPOSED INSTRUMENT

None applicable.

2.3 SECTION 79C 1(A)(III) ANY DEVELOPMENT CONTROL PLAN

2.3.1 WOLLONGONG DEVELOPMENT CONTROL PLAN 2009

CHAPTER B1 – RESIDENTIAL DEVELOPMENT

4.0 General Residential controls

Controls/objectives Comment Compliance

4.1 Maximum Number of Storeys

• R2 max height of 9m or two storey

• Ancillary structures – 1 storey

• Built form that has a positive impact on the visual amenity of the area and addresses site constraints and overlooking of neighbouring properties

• In R2 Low Density Residential zones, where development occurs within the 8m rear setback the development is limited to single storey

Storeys: 2

Height: 8.17m

Due to the siting of the existing dwelling house on the site and the desire to construct a second storey, the proposal requests consideration for a variation to the minimum rear setback controls for two storey development. The control requires that in an R2 zone, where development occurs within the 8m rear setback, the development is limited to single storey.

The applicant has submitted a variation request in accordance with cl. 8 of Chapter A1 of WDCP2009 which identifies that the proposal is not inconsistent with the objectives of the control, being a development which will integrate with the existing streetscape and which has been designed to not be visually dominant, or to result in unreasonable impacts on surrounding properties with regard to amenity, view sharing and overshadowing. It should also be recognised that the first floor setback proposed is not dissimilar to that of several properties in the immediate area, and that a development that was sited to comply with the minimum front setback control, a greater impact on adjoining properties would result. The positioning of the first floor addition is also guided by the siting of the existing dwelling house on the site, and has been designed with consideration of surrounding properties and potential impacts. The extent of the variation is demonstrated by Figure 2 below:

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Figure 2

Taking into consideration the stated reasons for and potential resultant impacts of the variation request, the request is considered to be reasonable in this instance.

4.2 Front Setbacks

• Infill 6m min but less dependent on street character

• Garages and carports 5.5m min

The proposed first floor addition will not alter the front setback of the existing dwelling located on the site. The setback of the proposed first floor addition is approximately 11.522m from the front property boundary. The proposal has been assessed against the relevant objectives and considered satisfactory.

Yes

4.3 Side and Rear Setbacks

• Wall Setback: 0.9m min

• Eave Setback: 0.45m

• Rear Setback 0.9m

East: 7m

West: 4.847m

South: 3.23m

The proposal has been assessed against the relevant objectives and considered satisfactory.

Yes

4.4 Landscaped Area

• Minimum Required 20% permeable area capable of growing trees, shrubs, groundcover and/or lawn.

• 50% behind the building line to the primary road

The proposed development is for a first floor addition only and will not impact on the existing landscaped area of the site.

N/A

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4.5 Private Open Space

• 24m2 of private open space must be directly accessible from the living areas; min width of 4m and no steeper than 1:50.

• Not to be located on side boundaries or front yards without variation.

The proposed development is for a first floor addition only and will not impact on the existing private open space available on the site.

N/A

4.6 Solar Access Requirements

• Windows to living rooms of adjoining dwellings must receive at least 3hrs continuous sunlight between 9.00am - 3.00pm on 21 June.

• At least 50% of the private open areas of adjoining residential properties must receive at least 3hrs continuous sunlight between 9.00am - 3.00pm on June 21.

• Shadow diagrams will be required by Council for 9am, 12pm, 3pm for the 21 June for two storey dwellings.

Shadow diagrams were provided by the applicant for 9am, 12pm and 3pm for 21 June. The proposal has been assessed against the relevant objectives and considered satisfactory.

Yes

4.7 Building Character and Form

• Design, height and siting of a new dwelling-house or secondary dwelling must respond to its site context

• New dwelling-houses within established residential areas should be sympathetic with the existing character of the immediate locality.

• All residential buildings must be designed with building frontages and entries clearly addressing the street frontage.

• Where garages are proposed on the front elevation they must be articulated from the front façade.

The proposed first floor addition is considered to respond to the existing character and the desired future character of the area.


Yes

4.8 Fences

• Fences must be constructed to allow natural flow of

No fences are proposed N/A

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stormwater or runoff.

• Fences within front and secondary building lines should be mainly constructed of transparent fence materials.

• Any fence or related retaining wall within the front setback from the primary road frontage must be a max 1.2m in height

4.9 Car parking and Access

• 1 space per dwelling with a GFA of less than 125m²

• 2 spaces per dwelling with a GFA of greater than 125m²

• Car parking spaces may be open hard stand space, driveway, carport or a garage.

• Garage door facing roads–not greater than 50% of the width of the dwelling.

• Carports must be setback behind the front building line.

• Garages must be setback min of 5.5 from front boundary.

• Driveways shall be separated from side boundaries by a minimum of 1m.

• Driveways shall have a max cross-over width of 3m.

2 car parking spaces are provided on-site.


Yes

4.10 Storage Facilities

Adequate storage facilities are incorporated in the development.


Yes

4.11 Site Facilities

• letterboxes in an accessible location

• air-con, satellite dishes and other ancillary structures to be located away from street frontage, not in a place where they are a skyline feature and adequately setback

There is an existing letterbox located on the site.

Yes

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4.12 Fire Brigade Servicing

• All dwellings located within 60m of a fire hydrant

Hydrant located in road reserve out the front of 1 The Glenn.


Yes

4.13 Services

• Encourage early consideration of servicing requirements

Services are available.


Yes

4.14 Development near the coastline

• Must minimise built intrusions into coastal landscape

• Retain views to the ocean from roads and public spaces

• Maintain buildings consistent with coastal character

The site is not located near the coastline and is not subject to the requirements of this clause.

N/A

4.15 View Sharing

• To protect and enhance view sharing, significant view corridors

• A range of view sharing measures to be considered for building design

View Impact Analysis (from No.15 Paradise Avenue, Mount Pleasant)

- Step 1: Assessment of views that the proposal will affect

The first step requires assessment of the views that the proposed development will affect. In this step, whole views are valued more highly than partial views and a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

No. 15 Paradise Avenue currently enjoys a 180 degree panoramic view of the ocean off the coast of Fairy Meadow and Towradgi. See below photos which illustrate the views currently enjoyed from various locations of the first floor of 15 Paradise Avenue:

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Views from Kitchen

Figure 3

Figure 4

Views from Dining Room

Figure 5

Figure 6

Views from Living Room

Figure 7

Figure 8

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Views from the Balcony

Figure 9

Figure 10

- Step 2: Consider how reasonable it is to expect to retain these views

The second step is to consider how reasonable it is to expect to retain the views. It is not considered reasonable in this instance that the ‘complete’ panoramic coastal views be retained. The key reason for this is due to the views being across the eastern side boundary of 15 Paradise Avenue, over the top of the existing single storey, flat roofed dwelling located at 13 Paradise Avenue.

The proposed first floor addition at 13 Paradise Avenue is not considered unreasonable development. The proposed development is located within an R2 Low Density Residential zone which permits residential development up to a maximum height of 9m.

The panoramic views currently enjoyed from 15 Paradise Avenue have only been possible due to the underdevelopment of the site at 13 Paradise Avenue. Due to the underdevelopment of 13 Paradise Avenue, the permissibility of residential development up to a maximum height of 9m within the R2 zoning, it could be foreseen that inevitably the views form 15 Paradise Avenue would be impacted should 13 Paradise Avenue be developed to its full potential.

The submitter has identified that a ‘Private Covenant’ exists on 13 Paradise Avenue, which restricts development on the site to single storey. A title search of the property identified that the site is subject to the following under J789127:

• ‘No building other than a single storey dwelling house with the usual offices shall be erected upon the land hereby transferred and every such dwelling house shall front the road adjoining the land upon which it is built.’

Under cl 1.9A of WLEP2009 for the purpose of enabling development on land in any zone to be carried out in accordance with the WLEP2009 or with a consent granted under the Act, any agreement, covenant of other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

See discussion at Section 2.1.3 above.

For the stated reasons, the proposed first floor addition is considered reasonable development

- Step 3: Assess the extent of the impact

The Tenacity principles state that the assessment of the impact of the proposal should be undertaken for the whole property, not just the views that are affected. In this instance the design of 15 Paradise Avenue has been focused around the coastal views to the east. The following images show an outline of the proposed development and its impact on the coastal views from 15 Paradise Avenue:

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Figure 11

In this instance, using the above view analysis supplied by the applicant the view impact is considered ‘severe’.

- Step 4: Assess the reasonableness of the proposed development

The proposal seeks a variation to the WDCP2009 control, relating to the rear setback of the two storey element, which has been considered against the objectives of the WDCP2009 and is supported in this instance. The proposal is compliant with regard to the height and FSR controls of the WLEP2009. In terms of the WDCP2009 non-compliance, recent planning circulars released by the State Government advise that the purpose of development controls is to provide guidance in local planning decision making, whereby the Local Environmental Plan is the primary instrument to guide development. In this case, no variations to LEP controls are sought, with the proposal being well below the maximum permitted height and FSR for the site. The proposal is not considered unreasonable.

It should be noted that the first floor addition is to be setback 11m from the northern property boundary which assists in maintaining a north-easterly view towards the ocean.

The submission received from 15 Paradise Avenue includes a diagram which suggests that ‘bedroom 1’ be relocated from the northern area of the dwelling to the south eastern portion of the first floor to minimise the view impact on 15 Paradise Avenue. This has been considered, however a front setback of 11m to the proposed first floor is considered more than reasonable, as it is in excess of the minimum 6m required by Council’s WDCP2009.

Another consideration is that the subject site is also eligible for Complying Development under the SEPP (Exempt and Complying Development Codes) 2008. This was confirmed by interrogation of the Electronic Housing Code (EHC). If a first floor development had been proposed under Complying Development, a 6m front building line would be permitted. This would result in a development that would have a greater impact on the view corridors from 15 Paradise Avenue. The SEPP (Exempt and Complying Development Codes) 2008 would also allow for a first floor addition with the overall height of the proposal, to have a side boundary setback of approximately 2.09m to the western

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property boundary, which again would have a greater impact on the view corridors from and amenity of 15 Paradise Avenue than the proposed development.

It should also be recognised that the development proposed is not out of character with the surrounding area. See Figure 12 below which demonstrates the existing two storey development in the immediate vicinity of the subject site:

Figure 12

The proposed development is therefore considered reasonable in this case.

4.16. Retaining walls

• To ensure well designed retaining walls that are structurally sound

No retaining walls are proposed as part of the development.

N/A

4.17 Swimming pools and spas

• To ensure relevant safety standards meet user’s needs.

• To ensure site and design maintain the amenity of the area

No swimming pool and/or spa is proposed as part of the development.

N/A

CHAPTER D1 – CHARACTER STATEMENTS Clause 3.25 – Mount Pleasant The desired future character of Mount Pleasant is to retain its low density residential character within a leafy, escarpment setting. Therefore, limited further development is anticipated in this suburb, except for the potential replacement of older dwelling stock with new larger contemporary dwelling-houses.

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The siting, height and design of new dwellings and additions is critical to maximise view sharing opportunities for neighbouring properties. View sharing is also a requirement under Clause 4.15 of Chapter B1.

It is considered that the design of the proposed development meets the desired future character of Mount Pleasant.

CHAPTER E3: CAR PARKING, ACCESS, SERVICING/LOADING FACILITIES AND TRAFFIC MANAGEMENT Not Applicable. No changes are proposed to the existing vehicle crossover and/or driveway. The existing double garage is to remain.

CHAPTER E6: LANDSCAPING Not Applicable. No tree removal is proposed and/or required. No referral to Landscape is required.

CHAPTER E7: WASTE MANAGEMENT The proposed development will require the demolition of the existing roof as well as the demolition of some internal walls on the existing ground floor. Conditions have been imposed on the draft consent to ensure that Waste Management is carried out to Council’s Waste Management specification.

CHAPTER E8 ONSITE SEWAGE MANAGEMENT SYSTEMS The subject site is serviced by an existing approved sewer system.

CHAPTER E12 GEOTECHNICAL ASSESSMENT The site is identified as ‘unstable land’. A geotech report was not required as the proposed development is not located outside of the existing building footprint. A condition has been imposed on the draft consent requiring engineer’s certification for the structural adequacy of the existing footings to support the proposed first floor addition.

CHAPTER E17 PRESERVATION AND MANAGEMENT OF TREES AND VEGETATION Not Applicable. No tree removal is proposed and/or required.

CHAPTER E19 EARTHWORKS (LAND RESHAPING WORKS) Minimal impact on the surface water drainage of the site and the objectives of Chapter E19 has been achieved.

CHAPTER E22 SOIL EROSION AND SEDIMENT CONTROL Standard conditions relating to soil erosion and sediment control during construction are recommended in the draft consent.

2.3.2 WOLLONGONG SECTION 94A DEVELOPMENT CONTRIBUTIONS PLAN (2015)

The estimated cost of works is >$100,000 and a levy of 1% is applicable under this plan as the threshold value is $100,000.

2.4 SECTION 79C 1(A)(IIIA) ANY PLANNING AGREEMENT THAT HAS BEEN ENTERED INTO UNDER SECTION 93F, OR ANY DRAFT PLANNING AGREEMENT THAT A DEVELOPER HAS OFFERED TO ENTER INTO UNDER SECTION 93F

There are no planning agreements entered into or any draft agreement offered to enter into under S93F which affect the development.

The following planning agreements have been entered into or draft agreement offered to enter into under S93F which affect the development:

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2.5 SECTION 79C 1(A)(IV) THE REGULATIONS (TO THE EXTENT THAT THEY PRESCRIBE MATTERS FOR THE PURPOSES OF THIS PARAGRAPH)

92 What additional matters must a consent authority take into consideration in determining a development application?

(1) For the purposes of section 79C (1) (a) (iv) of the Act, the following matters are prescribed as matters to be taken into consideration by a consent authority in determining a development application:

(a) in the case of a development application for the carrying out of development:

(i) in a local government area referred to in the Table to this clause, and

(ii) on land to which the Government Coastal Policy applies,

the provisions of that Policy,

(b) in the case of a development application for the demolition of a building, the provisions of AS 2601.

The proposed development will involve the demolition of part of the roof of the existing single storey dwelling. As such the provisions of AS 2601-2001: The Demolition of Structures applies. A condition has been proposed in the draft conditions. The site is not located in the coastal zone.

93 Fire safety and other considerations

Not applicable.

94 Consent authority may require buildings to be upgraded

Not applicable.

2.6 SECTION 79C 1(A)(V) ANY COASTAL ZONE MANAGEMENT PLAN (WITHIN THE MEANING OF THE COASTAL PROTECTION ACT

There is no Coastal Zone Management Plan currently applicable to the land.

2.7 SECTION 79C 1(B) THE LIKELY IMPACTS OF DEVELOPMENT

Context and Setting:

Assessment of the compatibility of the proposed first floor addition has taken place with specific consideration to the physical and visual impacts.

The proposed development is not expected to result in unreasonable impacts in terms of overshadowing or privacy concerns.

The large front setback of the first floor addition assists in minimising the view impact of the proposed addition and subsequent view loss from the adjoining property to the west.

In regard to the visual impact, the development is considered to be largely in harmony with the surrounding buildings and character of the street. The scale of the development as viewed from the street is considered acceptable for the site.

The proposal is considered to be compatible with the existing and future desired character of Mount Pleasant, specifically Paradise Avenue.

Access, Transport and Traffic:

Access to the site is from Paradise Avenue. There are not anticipated to be any adverse traffic impacts.

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Public Domain:

The proposal is not expected to have any negative impact on the public domain.

Utilities:

The proposal is not envisaged to place an unreasonable demand on utilities supply. Existing utilities are adequate to service the proposal.

Heritage:

No heritage items will be impacted by the proposal.

Other land resources:

The proposal is considered to contribute to orderly development of the site and is not envisaged to impact upon any valuable land resources.

Water:

The site is presently serviced by Sydney Water, which can be readily extended to meet the requirements of the proposed development.

The proposal is not envisaged to have unreasonable water consumption.

Soils:

The soil profile is considered to be acceptable for the construction of the proposal.

Should the development require the preparation of structural details for footings/piers/slabs the engineer will investigate the foundation material and design the structural details in accordance with AS2870.

A condition has been imposed requiring the details to be submitted to the PCA prior to work commencing.

Air and Microclimate:

The proposal is not expected to have any negative impact on air or microclimate.

Flora and Fauna:

There is no vegetation removal or landscaping proposed or required.

Waste:

A condition will be attached to any consent granted that an appropriate receptacle be in place for any waste generated during the construction.

Energy:

The proposal is not envisaged to have unreasonable energy consumption. A current BASIX Certificate has been submitted.

Noise and vibration:

A condition will be attached to any consent granted that nuisance be minimised during any construction, demolition, or works.

Natural hazards:

There are no natural hazards affecting the site that would prevent the proposal.

Technological hazards:

There are no technological hazards affecting the site that would prevent the proposal.

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Safety, Security and Crime Prevention:

This application does not result in any opportunities for criminal or antisocial behaviour.

Social Impact:

The proposal is not expected to create any negative social impact.

Economic Impact:

The proposal is not expected to create any negative economic impact.

Site Design and Internal Design:

The application does not result in any departures from development standards or Council’s development control plans as outlined above.

A condition will be attached to any consent granted that all works are to be in compliance with the Building Code of Australia.

Construction:

Conditions of consent are recommended in relation to construction impacts such as hours of work, erosion and sedimentation controls, works in the road reserve, excavation, demolition and use of any crane, hoist, plant or scaffolding.

Cumulative Impacts:

The proposal is not expected to result in negative cumulative impacts.

2.8 SECTION 79C 1(C) THE SUITABILITY OF THE SITE FOR DEVELOPMENT

Does the proposal fit in the locality?

The proposal is considered appropriate with regard to the zoning of the site and is not expected to result in unreasonable impacts on the amenity of the locality or adjoining developments. Two storey dwellings are considered appropriate in an R2 Low Density Residential zone. The surrounding locality contains a mixture of both single and two storey dwellings.

Are the site attributes conducive to development?

There are no site constraints that would prevent the proposal.

2.9 SECTION 79C 1(D) ANY SUBMISSIONS MADE IN ACCORDANCE WITH THIS ACT OR THE REGULATIONS

The application was notified in accordance with WDCP 2009 Appendix 1: Public Notification and Advertising. Five submissions were received and the issues identified are discussed below.

Table 1: Submissions

Concern Comment

Non-compliance with Clause 4.1 of Chapter B1 of Council’s DCP2009

This matter has been discussed above in detail in Section 2.3.1 of this report. See cl 4.1 of WDCP2009 compliance table.

Overshadowing of solar panels

An assessment of the shadow diagrams (Attachment 2) provided by the applicant indicates that no overshadowing of the solar panels at 11 Paradise Avenue will occur as a result of the proposed development.

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Concern Comment

Figure 13

The above figure provides a demonstration of the expected shadows to be cast by the development. The Black shaded area is an approximate location of the solar panels located on the roof of 11 Paradise Avenue.

Added weight of addition A condition has been imposed on the draft development consent (Attachment 5) requiring certification from a structural engineer to ensure the structural adequacy of the existing footings system.

Maximum single storey subject to private covenant

See section 2.1.3 of this report addressing the private covenant in relation to the maximum number of storeys.

Privacy A site inspection was undertaken from No.11 on 15 September2016. Site photos were taken from the outside of the subject windows that have potential to be overlooked by the development.

Due to the 11m separation between the proposed first floor addition at No.13 and the adjoining property to the east, being No.11, in addition to the significant change in ground level and significant landscape screening provided by an existing established hedge garden, it is considered that there will be minimal potential for overlooking into the western facing windows of No.11.

See below photos taken from the western windows of No.11 looking west towards the proposed first floor addition.

View loss This matter has been discussed above in detail in Section 2.3.1 of this

report. See cl 4.15 of WDCP2009 compliance table.

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Submissions from public authorities

Not applicable.

Some of the issues raised in submissions though technically unresolved are considered to be adequately addressed either through design or by way of conditions of consent. Any remaining issues are not considered to be sufficient to refuse the application

2.10 SECTION 79C 1(E) THE PUBLIC INTEREST

The application is not expected to result in unreasonable impacts on the environment or the amenity of the locality. It is considered appropriate with consideration to the zoning and the character of the area and is therefore considered to be in the public interest.

3. CONFLICT OF INTEREST STATEMENT

I, Evan Fitzsimmons, declare that I have no potential or actual conflict of interest in assessing this application.

4. RECOMMENDATION

This application has been assessed as satisfactory having regard to the Heads of Consideration under Section 79C(1) of the Environmental Planning and Assessment Act 1979, the provisions of Wollongong Local Environmental Plan 2009 and all relevant Council DCPs, Codes and Policies.

It is recommended that DA-2016/1113 be approved subject to the draft conditions provided in Attachment 5.

5. ATTACHMENTS

1 WLEP Zoning Map

2 Architectural Plans

3 Statement of Environmental Effects

4 Title Search

5 Draft Conditions of Consent

ATTACHMENT 1 - WLEP ZONING MAP

11.05.16 CONCEPT DRAFT SKETCH A

PAGE No.

13COPYRIGHT OF THIS DOCUMENT IS OWNED BY SOUTH COAST DRAFTING PTY LTD. UNDERTHE PROVISIONS OF THE COPYRIGHT ACT 1968 AND IS INTENDED FOR USE ONLY ASAUTHORISED BY SOUTH COAST DRAFTING PTY LTD 2016C

DRAWN:

S.C.D - ABDATE:ALTERATIONS AND ADDITITIONS

MR. C. TODDLOT 13, DP 213718.13 PARADISE AVE,

MT. PLEASANT

DATE:

12.08.16AMENDMENT: REVSOUTH COAST DRAFTING PTY LTD,

Suite 6, Level 3, 166 Keira St, Wollongong, NSW, 2500P: 4244 0816 E: [email protected] 03.06.16 CONCEPT DRAFT SKETCH B

07.06.16 OPTION B DRAFT C

12.08.16 DA SUBMISSION D

Cover Page

01

13 PARADISE AVE, MT PLEASANT 2519 NTS

13 PARADISE AVE, MT PLEASANT 2519 NTS

Attachment 2 - Plans


PAGE No.


DRAWN:



MT. PLEASANT

DATE:





04.10.16 VIEW IMPACT STATEMENT E

Site Plan

Scale 1:200 02

ALL PLAN BEARINGS ARETO MAGNETIC NORTH

EXISTING DWELLING

PROPOSED ADDITION

152

153154

155

156

E

E

E

E

E

E

28.39 7°47'30"

19.58

5

97°47'30"

28.41

187°47'30"

19.58

5 277°50'50"

154.74

154.67

153.91

152.83

152.11

151.07

152.20

152.37

152.64

152.81

152.67

152.91

153.43

154.24

154.03

154.47

154.63

155.12

155.29

155.31

155.34

154.74

155.03

155.08

155.03

154.86

153.57

154.39

152.75 152

.18 151.83

151.59

151.37

155.32

155.11

154.90 154

.42

154.09

153.90

153.26

152.94

152.68

152.78

152.88

153.45

153.91

154.31

154.73

155.18

155.58

155.51

155.61155

.64155

.67155

.68155.70

155.77

156.04

155.90

155.10

155.06

155.66

155.67

155.15

155.87

155.75

155.80

155.74

155.37

156.85

156.66

156.11

155.34

155.35155

.33

155.34

155.30

155.31155

.28155

.28

155.36

155.38

155.38

155.31

155.31

155.32

155.31

155.26

155.26

155.31

155.30

155.14 154

.73154

.52154

.52155.01

154.70

154.54

154.52

154.43

154.44

154.53

155.20

155.08

155.07

155.08

155.08

155.27 155

.23

154.53

154.54 154

.54154

.52

155.21

155.22

155.25

155.53

155.30

156.04

IP

3/0.3

3/0.33/0

.3

3/0.3

5/0.3

IP

PFLPFL

10/0.7

10/0.7

3/0.3

FL

N

MGA GRID NORTH

E

155.53

154

155

A

IN KERB

(AHD)R.L.151.78m

B.M. D.H.

PP

PP

PPPP

A

3076

PROPOSED ADDITIONFFL.159.030

%

m²

m²

m²

m²

GROUND FLOOR:

FLOOR SPACE RATIO

TOTAL LIVING AREA:

FLOOR SPACE RATIO:

FIRST FLOOR:

SITE: 556.2

189.26

75.88

229.14

47.06

%MAX. ALLOWABLE BY COUNCIL: 50

(Excl. Garage/ Patio etc.)

PRIVATE OPEN SPACE:

PRIVATE OPEN SPACE

SITE AREA:

MINIMUM REQUIRED BY COUNCIL: 24m2

486.89m²

24m²

LANDSCAPE AREA

SITE AREA MINUS HANDLE:

MIN ALLOWED BY COUNCIL: 20%

486.89m²

m²SITE MINUS HANDLE: 486.89

m²DOUBLE GARAGE -36.00

DWELLING FOOTPRINT

UNCHANGED

3230

6690

7000

4847

11522


PAGE No.


DRAWN:



MT. PLEASANT

DATE:





Existing Floor Plan

Scale 1:100

0 10m5

03

GENERAL NOTES

- ALL CONSTRUCTION TO CONFORM TO B.C.A AND

AUSTRALIAN STANDARDS

- WRITTEN DIMENSIONS TO BE TAKEN IN PREFERENCE

TO SCALED

- LOCATION OF SERVICES ARE APPROXIMATE ONLY, AND

SUBJECT TO SITE CONDITIONS AS DETERMINED BY

BUILDER


N

MGA GRID NORTH

EX

IS

TIN

G

Bed 1

Bed 3

Dining KitchenStudy

Lounge

Garage

Sunroom

LaundryBathroomEns

BIW

Bed 2


PAGE No.


DRAWN:



MT. PLEASANT

DATE:





Proposed Ground

Floor Plan

Scale 1:100

0 10m5

04


EX

IS

TIN

G

Bed 2

Bed 3

Dining KitchenStudy

Lounge

Garage

Sunroom

LaundryBathroomEns

BIW

N

MGA GRID NORTH

820

REMOVE WINDOW AND USE RECYCLEDBRICKS TO MATCH EXISTING

NEW EXTERIOR DOOR- KEEPBRICKS TO FILL WINDOW GAP

RELOCATE EXISTING WALL 400MMOVER TO CREATE LARGER BEDROOM

Cupboard

7 8 9 11

2

4

5 10 14

1

6 12

3

13

28.39

7°47'30"

19.58

5

97°47'30"

28.41 187°47'30"

19.58

5 277°50'50"

EXISTING FRAME DIMENSIONS AND ROOF PITCH TO BECONFIRMED BY BUILDER ONCE LININGS HAVE BEEN REMOVED

LEGEND

GENERAL NOTES




TO SCALED



BUILDER

EXISTING DWELLING

400

3045

625

3345

RE-PITCH ROOF TO FALLTO REAR OF DWELLING

PROPOSED SKY WINDOWTO EXISTING BED 2

DP


PAGE No.


DRAWN:



MT. PLEASANT

DATE:





Proposed First

Floor Plan

Scale 1:100 05


N

MGA GRID NORTH

LEGEND

635

3115

7715

101753465

3965

3465 6410 3765

5165

2550

13640

7715

EXISTING GROUND FLOOR 155.50

PROPOSED FIRST FLOOR 77.46

EXISTING GARAGE 38.17

TOTAL 271.13

AREA SCHEDULE

m²

m²

m²

m²

13640

28.39

7°47'30"

19.58

5

97°47'30"

28.41 187°47'30"

19.58

5 277°50'50"

3230


GENERAL NOTES




TO SCALED



BUILDER

EXISTING DWELLING

82

0

AS

W 1

22

6

ASW 1231

ASW 1226

Master Suite4985x3675

Wir3155x1800

720

Linen

820

820csd

720 CSD

Ens.ROBE

Bed 43200x3500

3200x2640

Family4245x4340

7 8 9 11

2

4

5 10 14 15 17

1

6 12

3

13 16

AS

W 1

21

8

AAW 1806

D.P &SPREADER

S SMOKE DETECTOR

S

W6

W5

W3*

W2*

W1*

DN

AA

W 0

60

6

W4

PROPOSED SKYWINDOW STAIR AREA

RE-PITCH EXISTING ROOF TOFALL TO REAR OF DWELLING

S2

S1

6690


PAGE No.


DRAWN:



MT. PLEASANT

DATE:





Elevations

Scale 1:100 06

FFL 155.770

ENTRY FFL 155.19

ASW 1226

ASW 1231 ASW 1226

2450

2450

400

400

TOP OF EXISTING ROOF

FFL 159.030

2860

FCL 161.480

FFL 159.030

FCL 161.480


GARAGE FFL 155.390

3240

FFL 155.770

2450

2450

400

400


FFL 159.030

2860

FCL 161.480

FFL 159.030

FCL 161.480


FFL 155.770

2860

ENTRY FFL 155.19

CLADDING TOMATCH EXISTING

750 750750

PROPOSED FLOOR JOISTS TOSIT OVER EXISTING ROOF LINE

PROPOSED ROOFPITCHED AT 2°



EXISTING PERGOLA

D.P & SPREADER

North Elevation

East Elevation

EXISTING DWELLING

GENERAL NOTES




TO SCALED



BUILDER

W1*

W2*

W3*

D.P & SPREADER

AAW 0606

SKY WINDOW

BOUN

DARY

BOUN

DARY

BOUN

DARY

W4

8170

MAXI

MUM

BUILD

ING

HEIG

HT


PAGE No.


DRAWN:



MT. PLEASANT

DATE:





Elevations

Scale 1:100 07

GENERAL NOTES




TO SCALED



BUILDER

82

0

2450

2450

2450

2450

400

400

400

400


FFL 159.030

FCL 161.480

FFL 159.030

FCL 161.480



FFL 159.030

FCL 161.480

FFL 159.030

FCL 161.480


FFL 155.770

2860

FFL 155.770

2860

FFL 155.770

2860

3240

GARAGE FFL 155.390


750 750 750 750

NEW DOOR TO REAR OF HOUSE,BRICK EXISTING WINDOW




AAW 1806T

TRANS.

ASW 1218

South Elevation

West Elevation

EXISTING DWELLING

W5



SKY WINDOW TOMODIFIED ROOF

SKY WINDOW

W6

BOUN

DARY

MAXI

MUM

BUILD

ING

HEIG

HT

6850

6800


PAGE No.


DRAWN:



MT. PLEASANT

DATE:





Section & Window

Schedule

Scale 1:100 08

EXISTING DWELLING

GENERAL NOTES




TO SCALED

- PROVIDE STRUCTURAL PLYWOOD BRACING IN

ACCORDANCE WITH AS 1684 AND IN SECTION 9.4 OF THE

TIMBER FRAMING MANUAL

- ARTICULATED CONTROL JOINTS AS PER ENGINEERS

DRAWINGS AND TO BE CONSTRUCTED IN ACCORDANCE

WITH BCA VOLUME 2, CL. 3.3.1.8

- STAIR AND BALUSTRADE CONSTRUCTION TO BE IN

ACCORDANCE WITH AUST. STANDARDS AND THE BCA

VOLUME 2 CLAUSE 3.9

- ALL GLAZING TO COMPLY WITH AUST. STANDARDS AND

THE BCA VOLUME 2 CLAUSE 3.6

- ALL TERMITE PROTECTION TO BE IN ACCORDANCE

WITH AUST. STANDARDS AND THE BCA VOLUME 2

CLAUSE 3.1.3

BathroomSunroom Dining

Bed 4Family


TRUSS FRAME TOPROPOSED ROOF

FLOOR FRAME TO BCA REQUIREMENTS ABOVE EXISTINGROOF - EXACT ARRANGEMENT TO BUILDERS SPECIFICATIONS

2860

2450

2450

2860

400

400


Section A~A

Window Schedule

ASW 1231 ASW 1226 AAW 1806T

ASW 1218

W1*

W2*

W5

W4

ASW 1226

W3*

2100

2100

2100

2100

2100

1810610265026503170

1200

180012

00

1200

1200

EXISTING GLASS TOWALL AND ROOF

AAW 0606

2100

600

610

W6

* DENOTES LOW e GLASS


PAGE No.


DRAWN:



MT. PLEASANT

DATE:





Site Analysis &

Context Plan

Scale 1:20009


EXISTING DWELLING

PROPOSED ADDITION

152

153154

155

156

E

E

E

E

E

E

28.39 7°47'30"

19.58

5

97°47'30"

28.41

187°47'30"

19.58

5 277°50'50"

154.74

154.67

153.91

152.83

152.11

151.07

152.20

152.37

152.64

152.81

152.67

152.91

153.43

154.24

154.03

154.47

154.63

155.12

155.29

155.31

155.34

154.74

155.03

155.08

155.03

154.86

153.57

154.39

152.75 152

.18 151.83

151.59

151.37

155.32

155.11

154.90 154

.42

154.09

153.90

153.26

152.94

152.68

152.78

152.88

153.45

153.91

154.31

154.73

155.18

155.58

155.51

155.61155

.64155

.67155

.68155.70

155.77

156.04

155.90

155.10

155.06

155.66

155.67

155.15

155.87

155.75

155.80

155.74

155.37

156.85

156.66

156.11

155.34

155.35155

.33

155.34

155.30

155.31155

.28155

.28

155.36

155.38

155.38

155.31

155.31

155.32

155.31

155.26

155.26

155.31

155.30

155.14 154

.73154

.52154

.52155.01

154.70

154.54

154.52

154.43

154.44

154.53

155.20

155.08

155.07

155.08

155.08

155.27 155

.23

154.53

154.54 154

.54154

.52

155.21

155.22

155.25

155.53

155.30

156.04

IP

3/0.3

3/0.33/0

.3

3/0.3

5/0.3

IP

PFLPFL

10/0.7

10/0.7

3/0.3

FL

N

MGA GRID NORTH

E

155.53

154

155

A

IN KERB

(AHD)R.L.151.78m

B.M. D.H.

PP

PP

PPPP

A

3076


TEMPERATE NORTHEASTERLY BREEZETEMPERATE SOUTH

EASTERLY BREEZE

WINTER COLDSOUTHERLY WINDS

SUMMER RISE

WINTER RISE

WINTER SET

SUMMER SET

5895

REAR VIEW OF 15PARADISE AVENUE, MTPLEASANT

FRONT VIEW OF 15 PARADISEAVENUE, MT PLEASANT

VIEW

S

VIEW

S VIEWS

VIEWS

P

PRINCIPAL PRIVATEOPEN SPACE

NUMBER OF STOREYS

MAIN VIEWS

NOISE IMPACT

PREVAILING WINDS

ACCESS

LEGEND:

SITE ACCESS

EXISTING HEAVYVEGETATION AT REAR

UNOBSTRUCTED VIEWS

P


PAGE No.


DRAWN:



MT. PLEASANT

DATE:





Waste Minimisation

and Control Plan

Scale 1:200 10


EXISTING DWELLING

PROPOSED ADDITION

152

153154

155

156

E

E

E

E

E

E

28.39 7°47'30"

19.58

5

97°47'30"

28.41

187°47'30"

19.58

5 277°50'50"

154.74

154.67

153.91

152.83

152.11

151.07

152.20

152.37

152.64

152.81

152.67

152.91

153.43

154.24

154.03

154.47

154.63

155.12

155.29

155.31

155.34

154.74

155.03

155.08

155.03

154.86

153.57

154.39

152.75 152

.18 151.83

151.59

151.37

155.32

155.11

154.90 154

.42

154.09

153.90

153.26

152.94

152.68

152.78

152.88

153.45

153.91

154.31

154.73

155.18

155.58

155.51

155.61155

.64155

.67155

.68155.70

155.77

156.04

155.90

155.10

155.06

155.66

155.67

155.15

155.87

155.75

155.80

155.74

155.37

156.85

156.66

156.11

155.34

155.35155

.33

155.34

155.30

155.31155

.28155

.28

155.36

155.38

155.38

155.31

155.31

155.32

155.31

155.26

155.26

155.31

155.30

155.14 154

.73154

.52154

.52155.01

154.70

154.54

154.52

154.43

154.44

154.53

155.20

155.08

155.07

155.08

155.08

155.27 155

.23

154.53

154.54 154

.54154

.52

155.21

155.22

155.25

155.53

155.30

156.04

IP

3/0.3

3/0.33/0

.3

3/0.3

5/0.3

IP

PFLPFL

10/0.7

10/0.7

3/0.3

FL

N

MGA GRID NORTH

E

155.53

154

155

A

IN KERB

(AHD)R.L.151.78m

B.M. D.H.

PP

PP

PPPP

A

3076


SEDIMENT FENCE

SEDIMENT CONTROL NOTES

SEDIMENT EROSIONCONTROL FENCE


PAGE No.


DRAWN:



MT. PLEASANT

DATE:





Concept Stormwater

Scale 1:200 11


EXISTING DWELLING

PROPOSED ADDITION

152

153154

155

156

E

E

E

E

E

E

28.39 7°47'30"

19.58

5

97°47'30"

28.41

187°47'30"

19.58

5 277°50'50"

154.74

154.67

153.91

152.83

152.11

151.07

152.20

152.37

152.64

152.81

152.67

152.91

153.43

154.24

154.03

154.47

154.63

155.12

155.29

155.31

155.34

154.74

155.03

155.08

155.03

154.86

153.57

154.39

152.75 152

.18 151.83

151.59

151.37

155.32

155.11

154.90 154

.42

154.09

153.90

153.26

152.94

152.68

152.78

152.88

153.45

153.91

154.31

154.73

155.18

155.58

155.51

155.61155

.64155

.67155

.68155.70

155.77

156.04

155.90

155.10

155.06

155.66

155.67

155.15

155.87

155.75

155.80

155.74

155.37

156.85

156.66

156.11

155.34

155.35155

.33

155.34

155.30

155.31155

.28155

.28

155.36

155.38

155.38

155.31

155.31

155.32

155.31

155.26

155.26

155.31

155.30

155.14 154

.73154

.52154

.52155.01

154.70

154.54

154.52

154.43

154.44

154.53

155.20

155.08

155.07

155.08

155.08

155.27 155

.23

154.53

154.54 154

.54154

.52

155.21

155.22

155.25

155.53

155.30

156.04

IP

3/0.3

3/0.33/0

.3

3/0.3

5/0.3

IP

PFLPFL

10/0.7

10/0.7

3/0.3

FL

N

MGA GRID NORTH

E

155.53

154

155

A

IN KERB

(AHD)R.L.151.78m

B.M. D.H.

PP

PP

PPPP

A

3076


STORM WATER LINES TOEXISTING SERVICES

OSD CALCULATIONSNO INCREASE IN ROOF AREA

OSD NOT REQUIRED


PAGE No.


DRAWN:



MT. PLEASANT

DATE:





Mid Winter Shadows

Scale 1:200 12


EXISTING DWELLING

PROPOSED ADDITION

152

153154

155

156

E

E

E

E

E

E

28.39 7°47'30"

19.58

5

97°47'30"

28.41

187°47'30"

19.58

5 277°50'50"

154.74

154.67

153.91

152.83

152.11

151.07

152.20

152.37

152.64

152.81

152.67

152.91

153.43

154.24

154.03

154.47

154.63

155.12

155.29

155.31

155.34

154.74

155.03

155.08

155.03

154.86

153.57

154.39

152.75 152

.18 151.83

151.59

151.37

155.32

155.11

154.90 154

.42

154.09

153.90

153.26

152.94

152.68

152.78

152.88

153.45

153.91

154.31

154.73

155.18

155.58

155.51

155.61155

.64155

.67155

.68155.70

155.77

156.04

155.90

155.10

155.06

155.66

155.67

155.15

155.87

155.75

155.80

155.74

155.37

156.85

156.66

156.11

155.34

155.35155

.33

155.34

155.30

155.31155

.28155

.28

155.36

155.38

155.38

155.31

155.31

155.32

155.31

155.26

155.26

155.31

155.30

155.14 154

.73154

.52154

.52155.01

154.70

154.54

154.52

154.43

154.44

154.53

155.20

155.08

155.07

155.08

155.08

155.27 155

.23

154.53

154.54 154

.54154

.52

155.21

155.22

155.25

155.53

155.30

156.04

IP

3/0.3

3/0.33/0

.3

3/0.3

5/0.3

IP

PFLPFL

10/0.7

10/0.7

3/0.3

FL

N

MGA GRID NORTH

E

155.53

154

155

A

IN KERB

(AHD)R.L.151.78m

B.M. D.H.

PP

PP

PPPP

A

3076


SHADOW CAST AT 9.00am ON

JUNE 21st

SHADOW CAST AT 12.00pm

ON JUNE 21st

SHADOW CAST AT 3.00pm ON

JUNE 21st

SHADOW CAST AT 3.00pm ON

JUNE 21st

SHADOW CAST AT 12.00pm

ON JUNE 21st

SHADOW CAST AT 9.00am ON

JUNE 21st


PAGE No.


DRAWN:



MT. PLEASANT

DATE:





Waste Management

Plan

Scale 1:200 13


PAGE No.


DRAWN:



MT. PLEASANT

DATE:






Photo Site

context analysis

Scale 1:200 01

2

1

155

156

28.39 7°47'30"

28.41

187°47'30"

19.58

5 277°50'50"

155.12

155.29

155.31

155.34

153.57

155.32

155.11

154.90 154

.42

154.09

153.90

153.26

153.45

153.91

154.31

154.73

155.18

155.58

155.51

155.61155

.64155

.67155

.68155.70

155.77

156.04

155.90

155.10

155.06

155.66

155.67

155.15

155.87

155.75

155.80

155.74

155.37

156.85

156.66

156.11

155.34

155.35155

.33

155.34

155.30

155.31155

.28155

.28

155.36

155.38

155.38

155.31

155.31

155.32

155.31

155.26

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IMPACTED VIEWS

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3

NO IMPACT FROM THIS ANGLE

PROPOSED IS SETBACK FROM FRONT BOUNDARY TO MINIMISE IMPACT

PROPOSED COMPLIES WITH FRONT AND SIDE SETBACKCONTROLS - MINOR IMPACT TO SOUTH EAST VIEWS

EXISTING GARAGE IS NOT BEING BUILT ON- MINOR IMPACT TOEASTERLY VIEWS, VIEWS TO NORTH AND NORTH EAST REMAIN


PAGE No.


DRAWN:



MT. PLEASANT

DATE:






Additional Photo's

Scale 1:200 02

PHOTO TAKEN OUTSIDE DINING ROOM SLIDING DOORNORTHERN VIEWS NOT IMPACTED BY PROPOSAL

PHOTO TAKEN AT MOST SOUTHERLY POINT OFVERANDAH - VIEWS TO NORTH NOT IMPACTED

1

Statement of Environmental Effects

For:

Proposed 2nd Storey Addition at 13 Paradise Avenue, Mt. Pleasant.

2519

Prepared by:

South Coast Drafting Pty Ltd

Suite 6, Level 3, 166 Keira St, Wollongong, NSW 2500

Ph: (02) 4244 0816

Contents:

Proposal Overview……………………………………………………………………………………………………………..1 Planning Control – Compliance Checklist…………………………………………………………………………….3 Variations to the DCP………………………………………………………………………………………………………….6

Introduction

This statement has been prepared to provide supplementary information to the proposal to

construct a second storey addition at 13 Paradise Avenue, Mt Pleasant. 2519.

Site Description

The property is described as Lot 13 DP 213718, No. 13 Paradise Avenue, Mt Pleasant. The site is

556.2m2 and located to the South of Paradise Avenue and has a Northerly Orientation.

The property has a Southern boundary of 19.585m; its eastern side boundary is 28.410m, the

Western Side boundary is 28.390m, and the rear Northern boundary being 19.585m. The allotment

is considered to be flat due to the existing retaining wall to the front yard. There is a right of carriage

way to the Eastern Boundary for access to the rear neighbour.

The site is located in a residential area comprising of single and double storey dwelling houses of

mixed character.

The attached detail survey and site plan prepared by South Coast Drafting shows the existing

residence, character and extents. Any existing vegetation is also depicted on these plans.

Attachment 3

2

Proposed development

The proposal is to create a second storey addition within the existing exterior walls of the existing

dwelling. Stairs will be provided in the existing bed 2 location also a rear access door to the existing

covered carport.

Proposed for upstairs is a Master suite bedroom with Ensuite and walk in robe, 4th bedroom and a

family room. A skillion roof will be constructed in lieu of a gable or hip roof to keep overall heights to

a minimum. The proposed external materials will marry in with the existing dwelling.

The proposed alterations additions to the existing residence has a proposed maximum roof height of

approx. 6.850m on the Western boundary and a maximum building height of approx. 8.170m above

natural ground level on the Eastern boundary (Right of way). More detail on maximum building

heights is shown on the accompanying plans.

Erosion and Sediment control

Any soil erosion due to the construction of the proposed dwelling will be contained within the site

through the use of sedimentation control barriers that will be erected in accordance with council

policy.

Bushfire

No bushfire zoning is applicable to this site

Flood

The site is not flood affected

Conclusion

The proposed development is complementary to the character of the dwelling types being built in

the Mt Pleasant area. The scale and type of the housing will integrate well into the built fabric of the

surrounding area and provide a high standard of accommodation.

The selection of sympathetic colour schemes and materials will enhance the residential amenity of

the area and shall be complimented by the existing landscaping.

We believe that the home as designed will have no detrimental effects on the surrounding area and

will be compatible with the character of the area.

3

Planning Controls – Compliance Checklist

Planning controls as per Wollongong Council Development Control plan 2009 – Chapter B1: section

4 – General Residential Controls

DCP Clause Controls

4.1 ‐ Number of Storeys The maximum building height is set by the Local Environmental Plans generally a) R2 Low Density Residential Zones permit a maximum height of 9m – amaximum of 2 storeys 4. In R2 Low Density Residential zones, where development occurs withinthe 8m rear setback the development is limited to single storey, so as to not adversely impact on the amenity of the adjoining property. 5. Landscaping may be required within the side and read setbacks tomitigate the visual impact of the building form from adjoining properties.

Compliance VARIATION TO REAR SET BACK FOR SECOND STOREY SETBACKS – SEE APPENDIX A

4.2 – Front Setbacks 1. The following setback requirements apply from the primary streetfrontage to the front facade of the building:

Compliance YES ‐ UNCHANGED

4.3 – Side & Rear Setbacks

1. Walls must be setback at least 900mm from any side or rear propertyboundary and eaves/gutters must be setback at least 450mm from the side and rear property boundaries.

2. Walls (including gable ends and parapets) that exceed 7 metres overallheight must be setback at least 3 metres from the side and rear boundaries.

5. All balconies and windows of habitable rooms (excluding bedrooms)within a proposed dwelling‐house or secondary dwelling must be designed to minimise any direct overlooking impact upon any adjoining property.

6. Walls in excess of 8m in length may not be considered for a variation toside setbacks.

7. The side and rear setback controls may only be varied where thefollowing is demonstrated to Council’s satisfaction: (a) The objectives of 4.4.1 are met. (b) The walls and footings are located wholly on the subject land. (c) There are no windows facing the adjoining property that enable overlooking (d) Walls provide articulation so as to not impact the amenity of adjoining dwellings. (e) Landscaping is appropriately provided to screen development.

Compliance YES – TOTAL HEIGHT OF SECOND STOREY AT REAR SETBACK IS 6.8M

4.4 – Landscaped Area 1. Significant trees are to be maintained on the site.

4

2. At least 20% of the land must be provided as ‘landscaped area’ which isa permeable area capable of growing trees, shrubs, groundcovers and / or lawn and does not include any building, structure or hard paved area.

3. At least 50% of the landscaped area must be located behind thebuilding line to the primary road boundary.

Compliance YES – EXISTING FOOT PRINT UNCHANGED

4.5 – Private Open Space 1. Private open space must be provided in accordance with the following requirements:

a) A 24m2 area of private open space must be directly accessible from theliving areas of each proposed dwelling and have a minimum width of 4 metres and be no steeper than 1:50.

b) Private open spaces and private courtyards should not be located onside boundaries or front yard. Variations may be permitted where the private open space is sufficiently setback as to ensure that the private open space will not be impacted upon by existing or future complying dwellings on adjoining lots.

c) Private open space must be defined through the use of planting,fencing, or landscape features.

d) Private open space shall be screened where necessary to ensureprivacy between dwellings in a dual occupancy and secondary dwellings.

e) Private open space areas including balconies and decks must notextend forward of the front building line by greater than 900mm.

f) Space shall be provided for clothes lines and waste/recycling bins andrain water tanks behind the front building line but outside of the private open space area. g) Secondary dwellings will be required to provide private open spacewith a minimum area of 24m2.

Compliance YES‐ EXISTING POS IN FRONT YARD TO REMAIN

4.6 Solar Access 1. Windows to living rooms of adjoining dwellings must receive at least 3hours continuous sunlight, between hours of 9.00am and 3.00pm on 21 June.

2. At least 50% of the private open areas of adjoining residentialproperties must receive at least 3 hours of continuous sunlight, between hours of 9.00am and 3.00pm on June 21.

3. Shadow diagrams are required for 9.00am, 12:00pm and 3.00pm forthe 21 June winter solstice period for two storey dwellings. In certain circumstances where the extent of solar impacts is uncertain hourly intervals may be required. Additional hourly interval shadow diagrams for the equinox period may be necessary to determine the full extent of overshadowing upon the dwelling and / or private open space area of an

5

adjoining property.

4. Dwellings should be designed to maximise natural sunlight to mainliving areas and the private open space.

Compliance YES – SEE SHADOW DIAGRAM BY SCD

4.7 – Building Character & Form

7. Additions to an existing dwelling‐house must be compatible in terms ofdesign, roof configuration and materials with the existing dwelling, unless the existing part of the dwelling is also upgraded to be sympathetic with the design, roof configuration and materials of the new addition.

Compliance YES

4.8 – Fences

Compliance YES – EXISTING FENCES TO REMAIN

4.9 Car Parking and Access

Compliance YES – EXISTING DOUBLE GARAGE TO REMAIN

4.10 – Storage Facilities Dwelling Studio/1 bedroom Storage Volume = 6m3 Storage Area = 3m2 Two bedroom Storage Volume = 8m3 Storage Area = 4m2 Three or more bedrooms Storage Volume = 10m3 Storage Area = 5m

Compliance YES

6

APPENDIX A

Variations ‐ 4.1.4

In R2 Low Density Residential zones, where development occurs within the 8m rear setback the

development is limited to single storey, so as to not adversely impact on the amenity of the

adjoining property.

4.1 ‐ Objectives

a) To encourage buildings which integrate within the streetscape and the natural setting whilst

maintaining the visual amenity of the area. The existing residence is higher than the street level and

setback.

b) To minimise the potential for overlooking on adjacent dwellings and open space areas. The only

window to face the rear boundary is in Bed 4 which does not allow for overlooking into neighbours

property. The Bed 4 window is set back 6.690m from rear boundary. The stairwell has no windows.

c) T ensure that development is sympathetic to and addresses site constraints. The proposed does

not allow overlooking into neighbours due to positioning of the Bed 4 window, also the heavy

vegetation. The proposal meets the requirements set out in 4.6 Solar Access as shown on the

attached mid‐winter shadow diagrams.

e) To encourage a built form of dwellings that does not have negative impact on the visual amenity

of the adjoining residences. The neighbour on the Western boundary is already located within the 8

meter setback for a two storey residence. The proposed is still sympathetic to their views as shown

on the attached Site Analysis and Context Plan

f) To ensure ancillary structures have appropriate scale and are not visually dominant compared to

the dwelling. The proposed is built with a skillion roof, this maintains low bulk and scale to the

dwelling

h) To encourage positive solar access outcomes for dwellings and the associated private open

spaces. The attached shadow diagram shows any potential overshadowing on the rear neighbour

Thi-SearchTri-search hereby certilies that the information contained in this document has been provided electronically by the Registrar General in accordance

with Section 968(2) ofthe Real Property Act,. [nformation provided through Tri-Search an approved LPINSI/Information Broker

LAND AND PROPERTY fNFORMATION NEW SOUTH WAI,ES _ TITLE SEARCH

FOr.ro: t3 /2L371"8

SEARCH DATE !IIME EDITION NO DATE

6/L0/2016 1L :21- AM 3 /7 /20a5

I,AND

LOT ].3 IN DEPOSITED PLAN 21.37L8AT MT PLEASANTLOCAL GOVERNMENT AREA Ì'¡OLLONGONG

PARISH OF WOONONA COIJNTY OF CAMDEN

TITLE DIAGRAM DP213718

FIRST SCHEDULE

CHRISTOPHER MICHAEL TODD (T A 6247L8].

SECOND SCHEDUI,E (4 NOTIFICATIONS)

t- RESERVATIONS AND CONDITIONS IN THE CROWN GRANT(S)J786T27 RIGHT OF CARRIAGEWAY AFFECTING PART OF THE I,AND

WITHIN DESCRIBED 8 FT WIDE ALONG & WITHTN THE NORTH

EASTERN BOUNDARY

,J786127 COVENANT

AJ6247l.9 MORTGAGE TO COMMONWEAI,TH BANK OF AUSTRALIA

NOTATIONS

3

4

2

LINREGISTERED DEALINGS: NII,

*** END OF SEARCH

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ATTACHMENT 5 – DRAFT CONDITIONS

Consent is recommended to be been granted subject to the following draft conditions:

Approved Plans and Specifications

1) The development shall be implemented substantially in accordance with the details andspecifications set out on Drawing No. 01, 04, 05, 06, 07, 08 Rev. D dated 12/08/2016 andDrawing No. 02 Rev. E dated 04/10/2016 prepared by South Coast Drafting and any detailson the application form, and with any supporting information received, except as amended bythe conditions specified and imposed hereunder.

General Matters

2) Building Work - Compliance with the Building Code of AustraliaAll building work must be carried out in compliance with the provisions of the Building Code ofAustralia.

3) Construction CertificateA Construction Certificate must be obtained from Council or an Accredited Certifier prior towork commencing.

A Construction Certificate certifies that the provisions of Clauses 139-148 of theEnvironmental Planning and Assessment Amendment Regulations, 2000 have been satisfied,including compliance with all relevant conditions of Development Consent and the BuildingCode of Australia.

Note: The submission to Council of two (2) copies of all stamped Construction Certificateplans and supporting documentation is required within two (2) days from the date of issue ofthe Construction Certificate, in the event that the Construction Certificate is not issued byCouncil.

4) Occupation CertificateAn Occupation Certificate must be issued by the Principal Certifying Authority prior tooccupation or use of the development. In issuing an Occupation Certificate, the PrincipalCertifying Authority must be satisfied that the requirements of Section 109H of theEnvironmental Planning and Assessment Act 1979, have been complied with as well as all ofthe conditions of the Development Consent.

Prior to the Issue of the Construction Certificate

5) Structural Certificate - Live and Dead LoadsThe submission of a Certificate from a suitably qualified and experienced structural engineerconfirming that the existing structure will adequately support all additional live and dead loadsimposed by the proposed development, is required prior to the release of the ConstructionCertificate.

6) Present Plans to Sydney WaterApproved plans must be submitted online using Sydney Water Tap, availablethrough www.sydneywater.com.au to determine whether the development will affect SydneyWater's sewer and water mains, stormwater drains and/or easements, and if furtherrequirements need to be met.

The Certifying Authority must ensure that Sydney Water has issued an approval receipt priorto the issue of a Construction Certificate.

Visit www.sydneywater.com.au or telephone 13 20 92 for further information.

http://www.sydneywater.com.au/

http://www.sydneywater.com.au/

7) Section 94A Levy ContributionThe following Section 94A Levy Contribution is required towards the provision of publicamenities and services in accordance with the Wollongong City Council Section 94ADevelopment Contributions Plan.

Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979, and theWollongong City Council Section 94A Development Contributions Plan, a contribution of 1%of the cost of development (Contribution may be increased to 2% within the City Centre inaccordance with Clause 1 of the Plan) amounting to $950.00 shall be paid to Council prior tothe release of any associated Construction Certificate.

The amount to be paid will be adjusted at the time of actual payment, in accordance with theprovisions of the Wollongong City Council Section 94A Development Contributions Plan. TheConsumer Price Index All Group Index Number for Sydney at the time of the developmentapplication determination is 109.3. The following formula for indexing contributions is to beused:

Contribution at time of payment = $C x (CP2/CP1)

Where:$C is the original contribution as set out in the Consent

CP1 is the Consumer Price Index (all groups index for Sydney) used in the proceeding indexation calculation

CP2 is the Consumer Price Index (all groups index for Sydney) at the time of indexation

Details of CP1 and CP2 can be found in the Australian Bureau of Statistics website Catalog No. 6401.0 - Consumer Price Index, Australia.

METHOD HOW PAYMENT TYPE Online http://www.wollongong.nsw.gov.au/applicationpayments

Your Payment Reference: 745784 • Credit Card

In Person Wollongong City Council Administration Building Customer Service Centre Ground Floor 41 Burelli Street WOLLONGONG

• Cash• Credit Card• BankCheque

PLEASE MAKE CHEQUES PAYABLE TO: Wollongong City Council (Personal Cheques not accepted)

A copy of the Wollongong City Council Section 94A Development Contributions Plan and accompanying Fact Sheet may be inspected or obtained from the Wollongong City Council Administration Building, 41 Burelli Street, Wollongong during business hours or on Council's web site at www.wollongong.nsw.gov.au

The reason for Section 94A is to provide high quality and diverse public amenities and services to meet the expectations of the existing and new residents of Wollongong City Council.

Prior to the Commencement of Works

8) Appointment of Principal Certifying AuthorityPrior to commencement of work, the person having the benefit of the Development Consentand a Construction Certificate must:

a) Appoint a Principal Certifying Authority (PCA) and notify Council in writing of theappointment irrespective of whether Council or an accredited private certifier isappointed; and

b) notify Council in writing of their intention to commence work (at least two days noticeis required).

The Principal Certifying Authority must determine when inspections and compliance certificates are required.

9) Residential Building Work – Compliance with the Requirements of the Home Building Act 1989 Building work involving residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the Principal Certifying Authority for the development to which the work relates

a) in the case of work to be done by a licensee under that Act:

i) has been informed in writing of the licensee’s name, contractor license number and contact address details (in the case of building work undertaken by a contractor under the Home Building Act 1989); and

ii) is satisfied that the licensee has complied with the requirements of Part 6 of the Home Building Act 1989; or

b) in the case of work to be done by any other person:

i) has been informed in writing of the persons name, contact address details and owner-builder permit number; and

ii) has been given a declaration signed by the property owner(s) of the land that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of the Home Building Act 1989 and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

Note: A certificate issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that the specific person or licensed contractor is the holder of an insurance policy issued for the purposes of that Part of the Act is, for the purposes of this condition, sufficient evidence that the person has complied with the requirements of that Part of the Act.

10) Sign – Supervisor Contact Details Before commencement of any work, a sign must be erected in a prominent, visible position:

a) stating that unauthorised entry to the work site is not permitted; b) showing the name, address and telephone number of the Principal Certifying

Authority for the work; and c) showing the name and address of the principal contractor in charge of the work site

and a telephone number at which that person can be contacted at any time for business purposes.

This sign shall be maintained while the work is being carried out and removed upon the completion of the construction works.

11) Temporary Toilet/Closet Facilities Toilet facilities are to be provided at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

Each toilet provided must be:

a) a standard flushing toilet; and b) connected to either:

i) the Sydney Water Corporation Ltd sewerage system or ii) an accredited sewage management facility or iii) an approved chemical closet.

The toilet facilities shall be provided on-site, prior to the commencement of any works.

12) Structural Engineer’s Details Structural engineer’s details for all structurally designed building works such as reinforced concrete footings, reinforced concrete slabs and structural steelwork must be submitted to the Principal Certifying Authority, prior to the commencement of any works on the site.

13) Enclosure of the SiteThe site must be enclosed with a suitable security fence to prohibit unauthorised access, tobe approved by the Principal Certifying Authority. No building work is to commence until thefence is erected.

14) Demolition WorksAll demolition works shall be carried out in accordance with Australian StandardAS2601 (2001): The Demolition of Structures or any other subsequent relevant AustralianStandard and the requirements of the NSW WorkCover Authority.

No demolition materials shall be burnt or buried on-site. The person responsible for thedemolition works shall ensure that all vehicles leaving the site carrying demolition materialshave their loads covered and do not track soil or waste materials onto the road. Anyunforeseen hazardous and/or intractable wastes shall be disposed of to the satisfaction of thePrincipal Certifying Authority. In the event that the demolition works may involve theobstruction of any road reserve/footpath or other Council owned land, a separate applicationshall be made to Council to enclose the public place with a hoarding or fence over thefootpath or other Council owned land.

15) Application for Occupation, Use, Disturbance or Work on Footpath/RoadwayAny occupation, use, disturbance or work on the footpath or road reserve for constructionpurposes, which is likely to cause an interruption to existing pedestrian and / or vehiculartraffic flows requires Council consent under Section 138 of the Roads Act 1993. Anapplication must be submitted and approved by Council prior to the works commencing whereit is proposed to carry out activities such as, but not limited to, the following:

(a) Digging or disruption to footpath/road reserve surface;

(b) Loading or unloading machinery/equipment/deliveries;

(c) Installation of a fence or hoarding;

(d) Stand mobile crane/plant/concrete pump/materials/waste storage containers;

(e) Pumping stormwater from the site to Council's stormwater drains;

(f) Installation of services, including water, sewer, gas, stormwater, telecommunications and power;

(g) Construction of new vehicular crossings or footpaths;

(h) Removal of street trees;

(i) Carrying out demolition works.

During Demolition, Excavation or Construction

16) Piping of Stormwater to Existing Stormwater Drainage SystemStormwater for the land must be piped to the existing on-site stormwater drainage system.

17) Restricted Hours of Work (domestic residential scale ie single dwellings)The developer must not carry out any work other than emergency procedures to control dustor sediment laden runoff outside the normal working hours, namely, 7.00 am to 5.00 pm,Monday to Friday and 8.00 am to 4.00 pm Saturday, without the prior written consent of thePrincipal Certifying Authority and Council.

No work is permitted on public holidays or Sundays.

Any request to vary these hours shall be submitted to the Council in writing detailing:

a the variation in hours required; b the reason for that variation; c the type of work and machinery to be used.

Note: The developer is advised that other legislation may control the activities for which Council has granted consent including but not limited to the Protection of the Environment Operations Act 1997. Developers must note that consistent with the Environment Protection Authority’s Interim Construction Noise Guideline (July, 2009), the noise from construction (LAeq (15 min)) must not exceed the background noise level (LA90 (15 min)) plus 10 dB(A), and a

LAeq (15 min) of 75 dB(A) when measured at the residential property boundary that is most exposed to construction noise, and at a height of 1.5 metres above ground level. If the property boundary is more than 30 metres from the residence, the location for measuring noise levels is at the most noise-affected point within 30 metres of the residence.

18) The developer must carry out work at all times in a manner which will not cause a nuisance,by the generation of unreasonable noise, dust or other activity, to the owners and/oroccupiers of adjoining and adjacent land.

19) Provision of Waste ReceptacleThe developer must provide an adequate receptacle to store all waste generated by thedevelopment, pending disposal. The receptacle must be regularly emptied and waste mustnot be allowed to lie or accumulate on the property other than in the receptacle. Considerationshould be given to the source separation of recyclable and re-usable materials.

20) BASIXAll the commitments listed in each relevant BASIX Certificate for the development must befulfilled in accordance with Clause 97A(2) of the Environmental Planning & AssessmentRegulation 2000.

A relevant BASIX Certificate means:

• A BASIX Certificate that was applicable to the development when this developmentconsent was granted (or, if the development consent is modified under section 96 of theEnvironmental Planning & Assessment Act 1979, a BASIX Certificate that is applicable tothe development when this development consent is modified); or

• if a replacement BASIX Certificate accompanies any subsequent application for aconstruction certificate, the replacement BASIX Certificate; and

• BASIX Certificate has the meaning given to that term in the Environmental Planning &Assessment Regulation 2000.’’

Prior to the Issue of the Occupation Certificate

21) BASIXA final occupation certificate must not be issued unless accompanied by the BASIX Certificateapplicable to the development. The Principal Certifying Authority must not issue the finaloccupation certificate unless satisfied that selected commitments have been complied with asspecified in the relevant BASIX Certificate. NOTE: Clause 154B of the EnvironmentalPlanning and Assessment Regulation 2000 provides for independent verification ofcompliance in relation to certain BASIX commitments.

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