section 4.55(2) planning report - city of ryde · section 4.55(2) planning report modification of...

Section 4.55(2) Planning Report

Modification of Approved Mixed Use Residential and Commercial Development

2 College Street and 10 Monash Road, Gladesville

Prepared for: HWR Pty Ltd

December 2018

PO Box 230 Pennant Hills NSW 1715 | P 02 9980 6933 | www.dfpplanning.com.au

http://www.dfpplanning.com.au/

11 Dartford Road, Thornleigh NSW 2120

207/506 Miller Street, Cammeray NSW 2062

PO Box 230 Pennant Hills NSW 1715

t: 02 9980 6933 f: 02 9980 6217 e: [email protected]

DFP Planning Pty Limited ACN 002 263 998 www.dfpplanning.com.au

Printed: 4 December 2018

File Name: https://dfpplanningptyltd.sharepoint.com/Shared Documents/Projects/8459D 10 Monash Road & 2

College Street, Gladesville/Reports/8459D.S455.docx

Project Manager: A. Cropley

Client: HWR Pty Ltd

Project Number: 8459D

Document Control

Version Prepared By Reviewed By Issued To Date

Rev_1, Draft A Cropley R. Player Client 23 November 2018

Rev_2, Final A Cropley R Player Council 4 December 2018

http://www.dfpplanning.com.au/

dfp | Section 4.55(2) Planning Report | 2 College Road and 10 Monash Road, Gladesville | December 2018 ii

Contents

1 Introduction 1

1.1 Commission 1

1.2 Purpose of this Statement 1

1.3 Project Team 1

1.4 Material Relied Upon 2

2 Background 3

2.1 Previous Development Consent 3

2.2 Pre-Application Meeting 3

3 Site Context 4

3.1 Location 4

3.2 Site Description 4

3.3 Surrounding Development 6

4 Proposed Modifications 10

4.1 Summary of Proposed Modifications 10

4.2 Building Form and Design 12

4.3 Residential Apartments 14

4.4 Retail / Non-Residential Floor Space 16

4.5 Landscaping 16

4.6 Vehicular Access and Car Parking 17

4.7 Stormwater Infrastructure 17

4.8 BCA and Accessibility 17

4.9 Waste Management 18

4.10 Modifications to the Notice of Determination 18

4.10.1 Condition No. 1 – Approved Plans / Documents 18

4.10.2 Condition No. 1(a)– Temporary Landscaping 18

4.10.3 Condition No. 1(b) – Planting on Structure 18

4.10.4 Condition No. 1(c) – Additional Shade – Level 2 19

4.10.5 Condition No. 3 – BASIX 19

4.10.6 Condition No. 68(a) – Public Infrastructure Works 19

4.10.7 Condition No. 85 – Stormwater Management 19

4.10.8 Condition No. 122 – Drainage Construction 19

4.10.9 Condition No. 127 – BASIX 19

5 Statutory Provisions 20

5.1 General 20

5.2 Section 4.55 of the Act 20

5.2.1 Substantially the Same Development (section 4.55(2)(a)) 20

5.2.2 Consultation with relevant Minister/s, Authorities or Approval Agencies (section 4.55(2)(b)) 20

5.2.3 Notification (section 4.55(2)(c)) 21

Contents

dfp | Section 4.55(2) Planning Report | 2 College Street and 10 Monash Road, Gladesville | December 2018 iii

5.2.4 Consideration of Submissions (section 4.55(2)(d)) 21

5.2.5 Matters for Consideration and Reasons for Granting Consent 21

5.3 Clause 115 of the EP&A Regulation 2000 21

6 Environmental Planning Assessment 22

6.1 Planning Controls 22

6.1.1 State Environmental Planning Policy No. 55 – Remediation of Contaminated Land (SEPP 55) 22

6.1.2 State Environmental Planning Policy No. 65 – Design Quality of Apartment Development (SEPP 65) 22

6.1.3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 23

6.1.4 State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP) 23

6.1.5 Ryde Local Environmental Plan 2014 23

6.1.6 Ryde Development Control Plan 2014 24

6.2 Likely Impacts of the Development 27

6.2.1 Tree Removal 27

6.2.2 Traffic and Parking 27

6.2.3 Heritage 28

6.2.4 Noise 28

6.2.5 Visual Privacy 28

6.2.6 Solar Access 28

6.3 Suitability of the Site for Development 29

6.4 Public Interest 29

7 Conclusion 30

Figures

Figure 1 Site Location 4

Figure 2 Aerial photograph of the Site. 5

Figure 3 2 College Street 5

Figure 4 Northern elevation of 10 Monash Road 6

Figure 5 10 Monash Road 6

Figure 6 Surrounding Development 7

Figure 7 Typical residential development along the northern side of College Street 8

Figure 8 Retail and commercial uses at 2-6 Monash Street 8

Figure 9 Mixed Use Development at 1-9 Monash Road. 9

Figure 10 9 Monash Road 9

Figure 11 Photomontage view of Monash Road and College Street intersection 13

Figure 12 Photomontage view looking east along College Street 13

Contents

dfp | Section 4.55(2) Planning Report | 2 College Street and 10 Monash Road, Gladesville | December 2018 iv

Tables

Table 1 The Project Team 1

Table 2 Development Statistics of the Approved and Modified Proposals 11

Table 3 Residential Apartment Comparison 14

Table 4 Assessment against Relevant Provisions of LEP 23

Table 5 Assessment against Relevant Provisions of DCP 25

Appendices

1. Development Consent and stamped plans

2. Architectural Plans

3. Landscape Plans

4. Stormwater Management Plans

5. BASIX

6. Design Verification Statement

7. SEPP 65 Design Principles Report and ADG

8. Traffic and Parking Report

Abbreviations

AADT annual average daily vehicle trips

AHD Australian Height Datum

AS Australian Standard

ASS acid sulfate soils

BCA Building Code of Australia

CC construction certificate

Council City of Ryde Council

DA development application

DCP development control plan

DFP DFP Planning Pty Limited

DGRs Director General’s Requirements

DoPE NSW Department of Planning and Environment

DVT daily vehicle trip

EP&A Act Environmental Planning and Assessment Act 1979

EP&A Regulation Environmental Planning and Assessment Regulation 2000

EPI environmental planning instrument

ESCP erosion and sedimentation control plan

ESD ecologically sustainable development

FSR floor space ratio

GFA gross floor area

HIS heritage impact statement

kph kilometres per hour

LEP local environmental plan

LGA local government area

LPP Local Planning Panel

Contents

dfp | Section 4.55(2) Planning Report | 2 College Street and 10 Monash Road, Gladesville | December 2018 v

Abbreviations

NGL natural ground level

PA planning agreement

OEH NSW Office of Environment and Heritage

PAD potential archaeological deposit

PVT peak hour vehicle trip

REP regional environmental plan

RFS NSW Rural Fire Service

RF Act Rural Fires Act 1997

RL reduced level

RMS NSW Roads and Maritime Services

SCI site contamination investigation

SEE Statement of Environmental Effects

SEPP state environmental planning policy

SULE safe useful life expectancy

VPA voluntary planning agreement

vtph vehicle trips per hour

dfp | Section 4.55(2) Planning Report | 2 College Road and 10 Monash Road, Gladesville | December 2018 1

1 Introduction

1.1 Commission

DFP has been commissioned by HWR Pty Ltd to prepare a Planning Report to accompany a

section 4.55(2) Modification Application (section 4.55 Application) for the approved mixed-use

development at 2 College Street and 10 Monash Road, Gladesville (the Site).

The Site is located in Gladesville and is zoned B4 Mixed Use (the B4 Zone) under Ryde Local

Environmental Plan 2014 (Ryde LEP 2014).

This application is made pursuant to section 4.55(2) of the Environmental Planning and

Assessment Act 1979 (EP&A Act) to modify Development Consent No. LDA2016/0624 issued

by City of Ryde Council (Council) on 8 August 2017 for:

“Demolition, new part 3/part 4 storey mixed use development containing one commercial tenancy and 21 residential apartments over two levels of basement car parking containing 37 spaces”

The section 4.55 Application seeks to modify the following conditions of development consent:

• Condition 1: Approved Plans / Documents;

• Condition 1(a): Temporary Landscaping;

• Condition 1(b): Planting on Structure;

• Condition 1(c): Additional Shade – Level 2;

• Condition 3: BASIX;

• Condition 68(a) Public Infrastructure Works;

• Condition 85: Stormwater Management;

• Condition 122: Drainage Construction; and

• Condition 127: BASIX.

1.2 Purpose of this Statement

The purpose of this report is to provide Council and relevant NSW State Government

Agencies with the relevant information necessary to assess the proposed modifications

pursuant to Part 4 of the EP&A Act and the Environmental Planning and Assessment

Regulation 2000 (the Regulation) and for Council to determine the application in accordance

with section 4.55(2) of the EP&A Act.

1.3 Project Team

The preparation of the Application has been a collaborative effort by a team of consultants as

specified in Table 1.

Table 1 The Project Team

Town Planning DFP Planning Pty Limited

Architectural Olsson & Associates Architects

Landscape TGS Landscape Architects

Civil Engineering ALW Design

Traffic and Parking Transport and Traffic Planning Associates

BASIX Consultant Outsource Ideas

1 Introduction

dfp | Section 4.55(2) Planning Report | 2 College Street and 10 Monash Road, Gladesville | December 2018 2

1.4 Material Relied Upon

This report has been prepared by DFP based on information referred to herein and/or

appended to this report and a site inspection undertaken on 27 July 2018.


2 Background

2.1 Previous Development Consent

On 8 August 2017 Council granted development consent (LDA2016/0624) for:

“ Demolition, new part 3/part 4 storey mixed use development containing one commercial tenancy and 21 residential apartments over two levels of basement car parking containing 37 spaces”

The proposed modifications to this consent are described in Section 4 of this report.

A copy of the Determination Notice with conditions and original stamped plans is provided as

Appendix 1.

2.2 Pre-Application Meeting

A pre-application meeting was held with Council officers on 27 July 2018. This modification

application responds to the key issues discussed at this meeting.


3 Site Context

3.1 Location

The site is located at 2 College Street and 10 Monash Road, Gladesville and has a legal

property description of Lot 35A and Lot 35B in DP 401201. Figure 1 shows the general

location of the site. The site is approximately 2.3km from the Top Ryde City shopping centre

and approximately 1km from the Gladesville Shopping Centre.

Figure 1 Site Location

3.2 Site Description

The site has an area of 1359m2, with dual street frontage to College Street and Monash Road.

The College Street frontage is approximately 65m and Monash Road frontage is

approximately 20m. The site has a depth of approximately 20m. Access into the site is off

College Street.

The site slopes from south-east to the north-west, with the highest point being in the south

east corner of the site. The site has limited vegetation comprising scattered shrubs and trees

and grassed areas. The site is burdened by a 1m wide easement for drainage along the north

western boundary adjoining 2A College Street.

An aerial photograph of the site is shown at Figure 2.

3 Site Context


Figure 2 Aerial photograph of the Site.

2 College Street is currently occupied by a single storey brick dwelling with separate single

storey brick garage. 10 Monash Street consists of a single storey building with a separate

garage. The building is used for business purposes.

Photographs of the Site are shown in Figure 3 – 5.

Figure 3 2 College Street

3 Site Context


Figure 4 Northern elevation of 10 Monash Road

Figure 5 10 Monash Road

3.3 Surrounding Development

The surrounding land uses are illustrated in the aerial photograph at Figure 6. The

surrounding land uses comprise a mix of residential, mixed use, commercial and light

industrial premises along College Street, Monash Road and Victoria Avenue.

3 Site Context


Figure 6 Surrounding Development

8, 8a and 8b Monash Road are residential dwellings. 2, 4, 6 and 6A Monash Road are

business premises. On 2 July 2015, a Development Application was lodged with Council for a

mixed-use development at 6A – 8C Monash Road (LDA 2015/0308). The proposed mixed-use

development comprised demolition of the existing structures and construction of a part 5, part

6 storey mixed use development comprising ground floor retail floorspace and 42 residential

apartments on the floors above. Vehicular access to the site was proposed to be a via an

access laneway at the rear of 2 College Street. The application was subject to an appeal to

the NSW Land and Environment Court, which was upheld on 9 December 2016. The

conditions of consent for the proposed mixed-use development included a number of deferred

commencement conditions. On 19 June 2018, a Section 4.56 modification application was

submitted to Council (MOD2018/0157). The modifications including the relocation of the

driveway access from College Street to Monash Road. This application is currently under

assessment by Council.

A mixed-use development comprising residential apartments and an Aldi supermarket has

recently been completed at 1-9 Monash Road.

Adjoining the site to the west are single storey dwellings. Further west along College Street

are light industrial premises including a 3.8 ha block of industrial land. This land (known as

461-495 Victoria Road) has also been the subject of a Planning Proposal which rezoned the

site to allow for the future development of a Bunnings Warehouse store. On 30 October 2018,

Council resolved to permanently close College Street to thru traffic.

The northern side of College Street opposite the site is also characterised by single storey

dwellings.

Photographs of the surrounding land uses are included as Figures 7 – 10.

3 Site Context


Figure 7 Typical residential development along the northern side of College Street

Figure 8 Retail and commercial uses at 2-6 Monash Street

3 Site Context


Figure 9 Mixed Use Development at 1-9 Monash Road.

Figure 10 9 Monash Road


4 Proposed Modifications

4.1 Summary of Proposed Modifications

The proposed modifications can be summarised as follows:

Basement 2

• Modification to extent of basement including change to parking layout;

• Number of parking spaces modified from 24 car parking spaces (including 4 accessible

spaces) to 20 car parking spaces (including 3 accessible spaces);

• Basement 2 finished floor level lowered by 170mm;

• Extent of deep soil zone amended;

• Vehicular ramp from Basement 1 relocated; and

• Lift access amended.

Basement 1

• Modification to extent of basement including changes to parking layout;

• Number of parking spaces modified from 13 car parking spaces to 16 carparking

spaces (including 2 accessible spaces);

• Basement 1 finished floor level lowered by 210mm;

• Relocation of loading bay;

• Extent of deep soil zone amended;

• Vehicular ramp to Basement 2 relocated;

• Access driveway from College Street redesigned;

• Provision of fire exit door adjacent to driveway;

• Identification of bicycle and motorbike parking bays; and

• Lift access amended.

Lower Ground (Level 0)

• Internal re-planning of apartments including modification to apartment sizes;

• Adjustments to size of private open space including increase in size and volume of

planters;

• Lower Ground finished floor level raised by 30mm;

• Extent of deep soil zone increased due to modifications to the extent of basement;

• Area of communal open space decreased from 297.6m2 to 290m2;

• Deletion of external stairs between communal open space and access driveway;

• Deletion of second access door from corridor into communal open space;

• Increased area of lift lobby including window to provide light and ventilation;

• Increase extent of louvres along access corridor;

• Remove substation;

• Provide toilet for use of maintenance personnel;

• Adjustment of corridor widths; and

• Internal replanning of storage areas.



Ground Floor (Level 1)

• Apartment U101 changed from a 2-bedroom unit to a 3-bedroom unit;


• Amendments to size of private open spaces;

• Increase area of retail tenancy;

• Raise finished floor level of retail tenancy by 111mm;

• Raise finished floor level of ground floor (Level 1) by 50mm;

• Delete kitchen windows along access corridor;

• Reduce extent of louvres along access corridor;

• Relocate retail accessible toilet;

• Reduce size of garbage chute room;

• Adjustments to corridor widths; and

• Removal of step ramp at residential entry.

Level 2



• Raise Level 2 finished floor level by 100mm;

• Delete kitchen windows along access corridor; and

• Reduce extent of louvres along access corridor.

Level 3



• Raise Level 3 finished floor level by 150mm; and

• Provision of new shade structure to communal open space.

Level 4



• Raise Level 4 finished floor level by 150mm; and

• Modifications to roof design.

The key development statistics of the approved and modified development are detailed in

Table 2

Table 2 Development Statistics of the Approved and Modified Proposals

Approved DA Modified Proposal

Site Area 1,359.5m2 1,359.5m2

Number of Buildings 1 1

Residential Apartments 21 21



Table 2 Development Statistics of the Approved and Modified Proposals


Apartment Mix 1 bed – 4 (19%) 2 bed – 14 (67%) 3 bed – 3 (14%)

1 bed – 4 (19%) 2 bed – 13 (62%) 3 bed – 4 (19%)

GFA

Total: 2,378.2m2

Retail: 171.6m2 Residential: 2,139.5m2

Waste: 67.1m2

Total: 2,385.1m2 (+6.9m2) Retail: 175.5m2 (+3.9m2) Residential: 2,146m2 (+6.5m2) Waste: 63.6m2 (-3.5m2)

Floor Space Ratio 1.75:1 1.75:1

Maximum height of building RL 65.83 RL 66.35 (+520mm)

Car Parking Spaces

Total: 37 Retail: 7 (1 accessible) Residential: 26 (3 accessible) Visitor: 4 Loading: 1

Total: 36 Retail: 7 (1 accessible) Residential: 25 (3 accessible) Visitor: 4 (1 accessible) Loading: 1

Communal Open Space 475.4m2 (35%) 461.8m2 (33.9%)

Deep Soil Zone 134.2m2 (9.9%) 223m2 (16.4%)

Apartments 2 Hours Solar Access

18 (85.7%) 18 (85.7%)

Apartment Cross Ventilation 19 (90.5%) 13 (62%)

The following subsections provide a more detailed description of the proposed modifications.

4.2 Building Form and Design

Architectural plans have been prepared by Olsson & Associates Architects (Appendix 2).

These drawings clearly identify the proposed modifications.

The proposed mixed-use development is a part 3 and part 4 storey building, built to the

boundary along Monash Road and at the corner of Monash Road and College Street, with a

setback along College Street. A single commercial tenancy is located at the corner of Monash

Road and College Street. The principal residential foyer is located on Monash Road. An

awning is proposed along the retail frontage and over the residential entry.

The building provides a distinct curved façade at the corner of Monash Road and College

Street to give visual prominence to the street corner. Minor amendments to the building’s

materials and finishes are proposed including modifications to glazing types; and replacement

of the ceramic tiles with glazed bricks. The predominant building materials remain as pressed

face brick. The building form is consistent with the desired future character for the street in

terms of building height and scale.

The residential uses along College Street are consistent with the residential character of

College Street and is reinforced with ground level pedestrian entries to the courtyard

apartments providing direct access from the footpath. The height of the privacy screens to the

courtyards have been reduced.

A mix of one, two and three bedroom apartments are proposed, with each apartment having

private open space in the form of balconies or courtyards. The balconies fronting College

Street, beyond the corner are setback 2.7m to 3.2m.



Driveway access is off College Street at the north-western end of the site which provides entry

to the basement carpark. A security garage door at the top of the basement ramp provides

secure access to the basement area. Basement Level 1 includes one loading zone, seven

retail (including 1 accessible space), four visitor parking spaces (including 1 accessible space)

and five residential spaces. Basement Level 2 includes 20 car parking spaces for residents.

Lift access to the ground floor and residential floors above is available from each basement

level.

Photomontages of the proposed mixed-use development is provided as Figures 11 and 12.

Figure 11 Photomontage view of Monash Road and College Street intersection

Figure 12 Photomontage view looking east along College Street



4.3 Residential Apartments

The proposed mixed-use building comprises 21 apartments in a part 3 and part 4 storey

building. The proposed building provides the following mix of apartments:

• 4 x 1 bedroom (19%);

• 13 x 2 bedroom (62%); and

• 4 x 3 bedroom (19%).

Apartment sizes range as follows:

• 1 bedroom – 53.5m2 to 69.8m2;

• 2 bedroom – 84.6m2 to 90m2; and

• 3 bedroom – 103.8m2 to 131m2.

Three apartments capable of being adaptable have been identified Unit 001 (1 bedroom), Unit

101 (3 bedroom) and Unit 204 (2 bedroom).

Table 3 provide a comparison between the apartments in the approved DA and the modified

proposal.

Table 3 Residential Apartment Comparison


Lower Ground Floor

Unit 001

1 bedroom Internal floor area = 57.6m2

Adaptable Private Open Space = 24m2 (15m2 paved) Storage (internal) = 4.1m3 Storage (external) = 6.9m3

1 bedroom Internal floor area = 69.8m2 Adaptable Private Open Space = 18m2 Storage (internal) = 3.3m3

Storage (external) = 6.6m3

Unit 002

1 bedroom Internal floor area = 53.5m2 Private Open Space = 24.2m2 (21.3m2 paved) Storage (internal) = 3.65m3 Storage (external) = 6.9m3

1 bedroom Internal floor area = 56m2

Private Open Space = 19m2 Storage (internal) = 3.7m3 Storage (external) = 7.2m3

Unit 003

3 bedrooms Internal floor area = 106m2 Private Open Space = 44m2 (35.6m2 paved) Storage (internal) = 5m3 Storage (external) = 7.4m3

3 bedrooms Internal floor area = 103.8m2 Private Open Space = 23m2

Storage (internal) = 4.9m3 Storage (external) = 17.9m3

Ground Floor / Level 1

Unit 101

2 bedrooms Internal floor area = 93.2m2

Adaptable Private Open Space = 10m2





Unit 102


Private Open Space = 10.2m2

Storage (internal) = 5m3 Storage (external) = 6.9m3


Private Open Space = 10m2


Unit 103



Storage (internal) = 3m3



Storage (internal) = 3m3





Storage (external) = 6.9m3 Storage (external) = 7.2m3

Unit 104







Level 2

Unit 201







Unit 202







Unit 203







Unit 204




2 bedrooms Internal floor area = 90m2



Unit 205







Unit 206







Unit 207







Level 3

Unit 301







Unit 302







Unit 303 2 bedrooms Internal floor area = 91.4m2










Unit 304







Level 4

Unit 401







Unit 402







Unit 403




3 bedrooms Internal floor area = 131m2



4.4 Retail / Non-Residential Floor Space

A single retail / commercial tenancy is provided on the ground floor at the corner of College

Street and Monash Road. The tenancy will provide an active street frontage, with the building

built to the boundary. The size of the retail tenancy has been increased from 171.6m2 to

175.5m2. The step ramp into the retail tenancy has been removed and the accessible unisex

toilet relocated.

Storage for the retail / commercial premises is located on the lower ground level.

A separate application will be lodged for the use and fitout of this tenancy in accordance with

the consent conditions.

4.5 Landscaping

Landscape plans have been prepared by TGS Landscape Architects and are included as

Appendix 3 to this planning report.

The following modifications to the proposed landscape design have been identified:

Ground Floor

• The three Sydney Blue Gums (Eucalyptus saligna) located in the western corner of the

Site have been replaced by one Cheese Tree (Glochidion ferdinandi);

• Extent of planter adjacent to Unit 003 has been increased as a result of the removal of

the access between the communal space and driveway;

• Amendment to the raised planter detail for ground floor communal open space; and

• Increased soil volume and width of the planters to Units 001, 002 and 003. Additional

tree planting provided for screening along the College Street frontage.



Level 3

• Deletion of Bangalow Palm (Archontophoenix cunninghamiana) from communal open

space;

• Relocation of BBQ; and

• Provision of shade structure.

4.6 Vehicular Access and Car Parking

Vehicular access into the site will be via a 6m wide combined ingress/egress access way off

College Street. The basement driveway ramp will connect to the access way. 36 car parking

spaces will be provided within two basement levels. This is a decrease in one space from the

approved DA.

The following car parking spaces are provided:

• 25 residential car parking spaces (including 3 accessible spaces);

• 4 visitor car parking spaces (including 1 accessible space); and

• 7 retail car parking spaces (including 1 accessible space).

A loading bay for small service vehicles and vans is provided on Basement Level 1. Bicycle

and motorbike parking is also provided on Basement Level 1.

4.7 Stormwater Infrastructure

Amended Stormwater Concept Plans have been prepared by ALW Design and are included

as Appendix 4. The plans have been updated to reflect the revised layouts of Basement 1

and 2.

4.8 BCA and Accessibility

A Building Code of Australia (BCA) Assessment Report was prepared by Design Right

Consulting as part of the approved DA. The report identified the extent of compliance

achieved by the building against the relevant provisions of the BCA and its adopted standards.

The report also assessed compliance with the Energy Efficiency (Section J) provisions. The

BCA Assessment Report concluded that the proposed development can achieve compliance

with the BCA utilising either the ‘deemed to satisfy’ provisions or under the performance

requirements. Some of the modifications to the proposed development as identified in this

planning report and the supporting documentation have been driven by BCA requirements

such as amendments to the extent of horizontal louvres along the south-west elevation. In

accordance with Condition 2 of the Development Consent, all building works must be carried

out in accordance with the requirements of the BCA.



An Access Report was prepared by Accessible Building Solutions as part of the approved DA.

The access report has assessed the accessibility requirements for people with a disability and

accessible housing requirement. Accessible Building Solutions consider that the proposed

development complies or can achieve compliance with the access provisions of the BCA,

SEPP 65 and the essential requirements of AS4299 – Adaptable Housing. Conditions 58 and

59 of the Development Consent require compliance with the access report and the

requirements of AS4299.

4.9 Waste Management

There are no modifications to the proposed waste management provisions as proposed in the

approved DA. Waste rooms are located on the lower ground floor, with direct access to

College street. The waste area includes separate rooms for residential and commercial waste

and a residential bulky waste store. Residential waste bins will be moved to kerb for kerbside

collection by Council. Ramp access has been provided to the footpath at a maximum 1:14

grade.

Collection of commercial waste will be subject to arrangements made by the future tenant.

4.10 Modifications to the Notice of Determination

4.10.1 Condition No. 1 – Approved Plans / Documents

The proposed design modifications will require a modification to Condition 1 of the Notice of

Determination for LDA 2016/624 to refer to the modified:

• Architectural Plans prepared by Olsson & Associates Architects Pty Ltd dated 3

December 2018 (see Appendix 2);

• Landscape Plans prepared by TGS Landscape Architects dated 16 November 2018

(see Appendix 3); and

• Site stormwater management layout prepared by ALW Design dated 25 October 2018

(see Appendix 4).

The reasons for these design modifications include:

• Modifications to apartment sizes as a result of design development including detailing

of construction materials and thicknesses;

• Increase in height to allow for building services and modifications to construction

details; and

• Modifications to comply with BCA requirements.

4.10.2 Condition No. 1(a)– Temporary Landscaping

Condition No. 1(a) of the development consent states as follows:

“Temporary Landscaping. The three (3) Eucalyptus salinga (Sydney Blue Gum) located within the western corner of the site are to be deleted, with one (1) Glochidion ferdinandi (Cheese Tree) to be planted in this same location.”

It is proposed to delete this condition as Landscape Drawing Ground Floor – Landscape Plan

(Drawing No. 2018.0513CC1-1 dated 16 November 2018) has been amended to delete the

three (3) Eucalyptus salinga (Sydney Blue Gum) in the western corner of the site and replaced

with a Glochidion ferdinandi (Cheese Tree) in the same location. A copy of the amended

drawing is provided in Appendix 3.

4.10.3 Condition No. 1(b) – Planting on Structure

Condition No. 1(b) of the development consent states as follows:

“Planting on Structure. The raised planter within the private open space areas of Units U002 and U003 are to increased in volume to enable the provision of small trees which provide a high level screening to the College Street façade.”



It is proposed to delete this condition as the soil volume of the raised planters to Units U002

and U003 has been increased. The planter beds are capable of accommodating small trees

(Acer palmatum ‘Senkaki’) that have a mature height of 4m. This is shown on Landscape

Drawing ‘Ground Floor – Landscape Plan’ (Drawing No. 2018.0513CC1-1 dated 16 November

2018) (refer to Appendix 3).

4.10.4 Condition No. 1(c) – Additional Shade – Level 2

Condition No. 1(c) of the development consent states as follows:

“Additional Shade – Level 2. The communal open space at Level 2 is to include an additional shade structure to ensure year round usability of the space. Permanent, durable and weatherproof seating is to be provided under the shade structure to ensure appropriate amenity for residents”

It is proposed to delete this condition as a shade structure has been provided to the communal

open space located on Level 3 of the mixed use development.

4.10.5 Condition No. 3 – BASIX

Condition No. 3 of the development consent is proposed to be modified to reflect the updated

BASIX Certificate (refer to Appendix 5).

4.10.6 Condition No. 68(a) – Public Infrastructure Works

Condition No. 68(a) requires the full reconstruction of half road width for the Monash Road

and College Street frontages. It is proposed to delete this condition for the following reasons:

• Under Part 8.5, Clause 1.1.4 of Ryde Development Control Plan 2014 (RDCP 2014),

the applicant shall provide half road pavement, along with all necessary kerb and gutter

works where the same does not exist or the existing pavement is unsatisfactory. The

existing road pavement appears to be in satisfactory condition.

• The proposed mixed-use development only contributes an additional 7vtph, which is

considered to be insignificant in the context of traffic generated by other major

development in the area;

• The Section 7.11 (formerly Section 94) contributions includes a contribution towards

roads & traffic management facilities along with cycleways and stormwater

management facilities;

• The small scale of the development doesn’t warrant the imposition of this condition;

• Adjacent development will rely on College Street as part of their construction traffic

management;

• Similar developments in the vicinity of the Site, such as 6A-8C Monash Road do not

have a similar condition imposed as part of their Development Consent.

4.10.7 Condition No. 85 – Stormwater Management

Condition No. 85 is to be updated to refer to the updated stormwater plans prepared by ALW

Design (Appendix 4).

4.10.8 Condition No. 122 – Drainage Construction

Condition No. 122 is to be updated to refer to the updated stormwater plans prepared by ALW

Design (Appendix 4).

4.10.9 Condition No. 127 – BASIX

Condition No. 127 of the development consent is proposed to be modified to reflect the

updated BASIX Certificate (refer to Appendix 5).


5 Statutory Provisions

5.1 General

Section 4.55 of the EP&A Act contains the provisions that must be considered by a consent

authority in determining an application to modify a Notice of Determination. In this regard, the

relevant provision is section 4.55(2) of the EP&A Act.

This application is lodged under section 4.55(2) as, although the amendments proposed are

considered to be minor in nature, they require further environmental assessment.

In addition to the EP&A Act, Clause 115 of the Environmental Planning and Assessment

Regulation 2000 (EP&A Regulation) contains the information that must be submitted with an

application to modify a consent. The requirements under the EP&A Act and EP&A Regulation

in the following subsections.

5.2 Section 4.55 of the Act

Section 4.55(2) of the Act applies to modifications where, notwithstanding that the

amendments proposed are minor in nature, the modifications require further environmental

assessment. Specifically, section 4.55(2) provides that:

“A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:”

5.2.1 Substantially the Same Development (section 4.55(2)(a))

“(a) It is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all)”.

The modifications sought with the section 4.55(2) Application represent substantially the same

as that granted Development Consent LDA 2016/0634 for the following reasons:

• The proposal is for a mixed-use development comprising a commercial tenancy on the

ground floor and 21 residential apartments over two levels of basement parking;

• The proposal does not change the number of apartments. The mix of apartments is

modified from 4 x 1 bedroom, 14 x 2 bedroom and 3 x 3 bedroom to 4 x 1 bedroom, 13

x 2 bedroom and 4 x 3 bedroom;

• The proposal involves a minor increase in maximum building height from RL 65.83 to

RL 66.35, an increase of 520mm;

• There is a minor increase in gross floor area of 6.9m2;

• The proposed modifications sought are not anticipated to give rise to adverse impacts

upon surrounding properties in terms of overshadowing, visual privacy, views and

heritage;

• Modest amendments to the appearance of the mixed-use development are proposed

including changes to materials and finishes; and

• The number of on-site residential car parking spaces is reduced by one from 26 to 25.

There are no changes to the number of on-site car parking spaces for visitors or the

retail / commercial premises. A loading bay is provided in Basement 1. This is not

anticipated to give rise to any adverse impacts upon traffic and on-street parking in the

locality.

5.2.2 Consultation with relevant Minister/s, Authorities or Approval Agencies (section

4.55(2)(b))

(b) It has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 4.8) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent.

5 Statutory Provisions


The original approval did not require consultation with a Minister, public authority or approval

body.

5.2.3 Notification (section 4.55(2)(c))

“(c) It has notified the application in accordance with:

(i) The regulations, if the regulations so require, or

(ii) A development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modifications of a development consent”.

Council will need to determine whether it is necessary to publicly notify this Section 4.55(2)

application.

5.2.4 Consideration of Submissions (section 4.55(2)(d))

“(d) It has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be”.

Should Council notify the subject application in accordance with section 4.55(2)(c), it must

consider any submissions made during the notification period.

Subsections (1) and (1A) of section 4.55 do not apply to the proposed modification.

Subsection (3) is addressed in Section 6 of this submission.

5.2.5 Matters for Consideration and Reasons for Granting Consent

Section 4.55(3) of the EP&A Act requires that such of the matters referred to in section 4.15(1)

of the EP&A Act as are of relevance to the proposed modification must be taken into

consideration in determining the application for modification. These relevant matters are

addressed in Section 6.0 of this Report.

The consent authority must also take into consideration the reasons given by the consent

authority for the grant of the consent that is sought to be modified.

LDA2016/0624 was determined by Council on 8 August 2017, no reasons for consent were

provided by the consent authority.

5.3 Clause 115 of the EP&A Regulation 2000

Subclause 115(1) of the Regulation details the information required to be submitted with an

application to modify a Development Consent under section 4.55. These details are contained

in this letter and the accompanying application form.

Subclause 115(3) of the regulations requires that if an application for the modification under

section 4.55 (2) or section 4.56 (1) of the EP&A Act relates to residential apartment

development and the development application was required to be accompanied by a design

verification from a qualified designer under clause 50 (1A) of the regulations, then the

application must be accompanied by a statement by a qualified designer.

The development application was accompanied by a design verification statement and the

proposed modification involves changes to the residential apartments. A design verification

statement has been prepared by Olsson & Associates Architects and is provided at Appendix

6.

Subclause 115(6) of the regulations requires that if an application for modification under

section 4.55(1A) or section 4.55(2) of the EP&A Act relates to development for which the

development application was required to be or was accompanied by a BASIX certificate/s, the

application for modification must also be accompanied by the appropriate BASIX certificate/s.

A copy of the BASIX certificate is provided at Appendix 5.

.


6 Environmental Planning Assessment

The following subsections provide an environmental assessment of the proposed

modifications in respect of the relevant matters for consideration under section 4.15(1).

The key environmental planning issues associated with the proposed development are:

• Compliance with relevant planning policies and controls;

• Built Form and Streetscape;

• Heritage Conservation;

• Transport, Traffic and Parking;

• Noise;

• Solar Access;

• Tree Removal;

• Contamination; and

• Tree Removal.

An assessment of these issues is provided in the following subsections.

6.1 Planning Controls

The following subsections assess the proposal against the relevant provisions of applicable

Environmental Planning Instruments (EPIs), Draft EPIs, Development Control Plans (DCPs),

Planning Agreements and matters prescribed by the Regulation in accordance with section

4.15(1)(a) of the EP&A Act.

6.1.1 State Environmental Planning Policy No. 55 – Remediation of Contaminated Land

(SEPP 55)

SEPP 55 relates to remediation of contaminated land and requires, amongst other things,

investigations to be undertaken as part of the development assessment process, to determine

whether the Site is likely to be contaminated and if so, what remediation work is required.

A Phase 1 Contamination Assessment was undertaken by SoilsRock as part of the original

DA. The Phase 1 Contamination Assessment identified a number of potential contaminants

being present on the Site. As a result, Council has imposed Conditions 43 – 47 requiring a

detailed site investigation report to be undertaken prior to the issue of a Construction

Certificate. If remediation is required, then this will be undertaken to the extent necessary for

the proposed mixed-use development and in accordance with SEPP 55 and all other relevant

guidelines and policies.

6.1.2 State Environmental Planning Policy No. 65 – Design Quality of Apartment

Development (SEPP 65)

State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment

Development (SEPP 65) provides the criteria for which architects must design residential flat

buildings. The proposed development is defined as a residential flat building as it is greater

than 3 storeys in height and will provide more than 4 self-contained dwellings.

Clause 6A of the SEPP provides that the Apartment Design Guide (ADG) objectives, design

criteria and design guidance as set out in Part 3 and 4 of the ADG prevail over any DCP that

contains provisions in relation to the following matters:

• visual privacy;

• solar and daylight access;

• common circulation and spaces;

• apartment size and layout;



• ceiling heights;

• private open space and balconies;

• natural ventilation; and

• storage.

Schedule 1 of SEPP 65 sets out the design quality principles to be taken into consideration for

residential apartment development. Olsson & Associates Architects have provided a Design

Quality Principles Report and Apartment Design Guide Compliance Report which is attached

at Appendix 7 of this SEE. The Design Quality Principles Report addresses the design

quality principles of SEPP 65 and Parts 3 and 4 of the ADG.

6.1.3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

The proposed development is a BASIX affected development under the definitions and

provisions of State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

Pursuant to the provisions of the Environmental Planning & Assessment Regulation 2000, the

development application is required to be accompanied by a valid BASIX Certificate.

Outsource Ideas have prepared a BASIX Certificate which indicates that the buildings achieve

the following project scores:

Water 40 Target 40

Thermal Comfort Pass Target Pass

Energy 35 Target 35

The BASIX Certificate is attached at Appendix 5 of this SEE.

6.1.4 State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP)

Clause 102 of State Environmental Planning Policy (Infrastructure) (SEPP Infrastructure)

requires that the impact of road noise on non-road development be considered for any

development on land in or adjacent to a road corridor with an annual average daily traffic

volume of more than 40,000 vehicles (based on the traffic volume data published on the

website of the RTA). The site is in proximity to Victoria Road which carries in excess of

40,000 vehicles per day. An acoustic assessment report was undertaken by Acoustic Logic as

part of the DA. Recommendations identified in the acoustic assessment report will be

incorporated into the design development of the mixed-use building. This will also ensure

compliance with Conditions 20-23 and 159 of the Development Consent.

6.1.5 Ryde Local Environmental Plan 2014

Table 4 provides a summary assessment of the proposed development against the relevant

provisions of the Ryde Local Environmental Plan 2014 (RLEP 2014).

Table 4 Assessment against Relevant Provisions of LEP

Provision Assessment Consistent

Clause 2.2 – Zoning - B4 Mixed Use

Commercial premises (retail, business and offices), shop top housing and residential flat buildings are permissible with consent.

Yes

Clause 4.3 Height of Buildings Clause 4.3 sets a building heights of 13m for 2 College Street and 15m for 10 Monash Road. 10 Monash Road The proposed building has a maximum height of RL 65.83m for 10 Monash Road, which is an increase in building height of 520mm. This exceeds the maximum height of building

Consistent with the approved DA



Table 4 Assessment against Relevant Provisions of LEP


standards by a maximum of 870mm. The extent of the variation is limited to a small section of the parapet and the awning roof over the private open space to Unit 403. The additional height is not considered to increase the bulk and scale of the proposed mixed use development and will not have an adverse impact on the adjoining properties. 2 College Street The proposed shade structure for the Level 3 communal open space exceeds the maximum height of building development standard by between 400mm and 1m. It is provided to address condition 1c of the Development Consent. The shade structure has been setback from the north-eastern and north-western elevations. This minimises the visibility of the shade structure from the public domain and ensures that it doesn’t contribute any additional bulk or scale. The roof above the access corridor slightly exceeds the 13m height limit. This doesn’t result in any adverse amenity impacts.

Clause 4.3 Floor Space Ratio The proposed mixed-use development as modified has a total GFA of 2,385.1m2. This is an increase in 6.9m2 from the approved DA and is equivalent to an FSR of 1.75:1.


Clause 5.10 Heritage Conservation

The Site is located within the vicinity of three heritage items. A HIS was prepared as part of the approved DA. This HIS concluded that the proposed mixed-use development had a negligible impact on the three heritage items.


Clause 6.2 Earthworks The site will be excavated to a depth of between 5m-8m below existing ground level. Excavated material will be classified and disposed of at an appropriate licensed waste management facility. Following demolition of the existing structures, geotechnical investigations can be undertaken to assess and determine sub-surface conditions. This will inform the detailed design of the shoring system required for the proposed development.

Consistent with the approved DA.

6.1.6 Ryde Development Control Plan 2014

The site is within the Ryde Town Centre and subject to the provisions of Part 4.4 of the Ryde

DCP 2014 (RDCP 2014). In addition, some controls within Parts 7, 8 and 9 of RDCP 2014

also apply to the development.

Part 4.6 of RDCP 2014 provides a vision and development controls for the long-term

redevelopment of the Gladesville Town Centre and Victoria Road Corridor. Vision statements

are also included for precincts in the Corridor. The vision for the Monash Road precinct is

provided below:

The northern precinct at Monash Road is to maintain its local retail role, whilst gaining additional retail, commercial and residential development. The precinct’s heritage items and main street retail character are to be protected and enhanced with narrow frontage shopfronts and built forms that relate to the scale and character of existing buildings. The



precinct will provide local shopping within a more cohesive built form and improved public domain.

It is considered that the proposed development as modified is consistent with the vision for the

Monash Road precinct as it will provide a mixed-use development that will establish a defined

urban street front with active retail/commercial uses on the ground floor.

Table 5 provides a summary assessment of the proposed development against the relevant

provisions of the DCP.

Table 5 Assessment against Relevant Provisions of DCP


Part 4.6 – Gladesville Town Centre and Victoria Road Corridor

Clause 3.1.1 – Built Form Heights - Max. 4 storeys - Residential floor to ceiling heights min. 2.7m - mixed use floor to floor heights 3.6m

The proposed development is 3-4 storeys. The built form is consistent with the key site controls and is generally within the 13m and 15m building height limit in RLEP 2014. The height of the proposed development is consistent with the relevant objectives as the development is of an appropriate scale for the precinct. The development proposes 2.7m floor to ceiling heights for residential uses and 3.3m floor to floor height for the ground floor.


Clause 3.1.2 – Active Street Frontages Provide ground level active uses Residential lobbies should not occupy more than 20% of the length of the street frontage.

Active retail/commercial ground floor uses are provided at the Monash Road frontage and at the corner of College Street. The residential entry on Monash Street is approximately 2.8m wide, which is less than 20% of the total length of the street frontage. Active frontages are generally provided to a depth of at least 10m No vehicle access is provided on the Monash Road frontage.


Clause 3.1.3 – Buildings Abutting the street alignment Provide continuous street frontages

A continuous street frontage is provided to the commercial / retail tenancy. The residential entry is recessed.


Clause 3.1.4 – Setbacks Monash Rd - 0m ground and 2m Level 4 College Street – 2m ground and upper level

0m setbacks from the street boundary are proposed at Ground and Levels 1 – 4. The upper level is not setback to provide a strong corner treatment (consistent with the Block Model drawing – Figure 4.6.22 of RDCP). Setbacks to College Street are a minimum of 2.4m


Clause 3.1.5 – Rear setbacks 6m ground floor and upper levels (as per Key Sites diagram).

The proposed development provides a rear setback of 6.35m.


Clause 3.1.7 – Awnings Provide awnings over the footpath

Dark aluminium framed awnings are proposed. The awing will have a solid roof cover.


Clause 3.2.2 Encourage access from local roads

Vehicular access to the basement car park is from College Street.






Clause 3.2.3 Provide parking to support retail and commercial uses

An off-street loading space and four visitor spaces are available to visitors to the site. Seven spaces are provided for the commercial/retail tenancy.


Clause 3.3.3 Landscaping Provide small scale street trees to Council requirements

Subject to future design development. Consistent with the approved DA

Clause 4.3.1 Key Sites Provide a mixed used development with ground floor commercial and retail uses and active street frontages Provide development in accordance with the block form plan (4 storeys fronting Monash Road and 3-4 storeys fronting College Street). 12m wide building envelope fronting College Street. 6m building separation between proposed residential/commercial building. 6m setback to College Street side boundary

Building Uses and Street frontages A mixed use development with active ground floor retail uses fronting Monash Road is proposed. Building Height A four storey building is proposed. Refer to discussion above (Clause 3.1.1) in relation to proposed building height. Building Depth and Separation The building depth is in accordance with the Key Sites Built Form plan. The building envelope fronting College Street is less than 12m wide. Building Setbacks A zero setback is provided to Monash Street, as required by the DCP. It is envisaged that when the site is redeveloped it will be built to the side boundary with a zero setback to 8 Monash Road at the street frontage and 6m setback to the rear and side boundaries. Setbacks are consistent with the Key Sites plan. Avoiding Noise and Air Pollution The majority of apartments are orientated to College Street, being a less busy road. For the apartments fronting Monash Road, bedrooms are located to the rear of the apartments.


Part 7.1 – Energy Smart / Water Wise

An updated BASIX certificate has been prepared as part of the Section 4.55(2) modification application. The proposed commercial / retail tenancy is capable of satisfying the requirements of Section J of the BCA.


Part 7.2 – Waste Management and Minimisation

A Waste Management Plan was submitted as part of the approved DA. All development consent conditions relating to waste management and minimisation will be addressed.


Part 8.2 – Stormwater Management

Updated stormwater management plans have been prepared by ALW Design to reflect the modified basement layouts. The proposed stormwater infrastructure includes:

• A network of pipes and pits on the ground, lower ground and basement levels;

• A pump out storage tank in Basement Level 2 with 9.6m3 capacity;

• Above ground detention basin with 33m3 capacity;

• Charged rising mains from Basement Level 2; and

• Gravity feed discharge to Councils stormwater infrastructure in College Street.






The rear ground level communal open space drains to the above ground detention basin. Roof rainwater is collected and transferred in downpipes to the detention basin. The basin will connect to Councils stormwater drainage system in accordance with Council requirements. The stormwater management system has been designed to adequately service the proposed development.

Part 9.3 Car Parking

Part 9.3 of the DCP sets out the requirement for car parking for mixed use developments. An updated assessment of the car parking requirements for the project has been undertaken by Transport and Traffic Planning Associates (refer to Section 6.2.2 and Appendix 8), in accordance with Part 9.3 of the DCP. It is proposed to provide a toal 36 car parking spaces, including 4 accessible spaces. The proposed parking provision complies with the requirements of RDCP.


6.2 Likely Impacts of the Development

The following subsections assess the likely impacts of the development in accordance with

section 4.15(1)(b) of the EP&A Act.

6.2.1 Tree Removal

Four trees are approved to removed as part of the DA. The trees are a Jacaranda, a

Bangalow Palm and two Italian Cypress trees. No additional trees are proposed to be

removed as part of the modifications.

6.2.2 Traffic and Parking

An updated traffic and parking report has been prepared by Transport and Traffic Planning

Associates (TTPA) and is included as Appendix 8.

Access

Vehicular access to the Site is from College Street. The proposed vehicle access comprises a

6m wide combined ingress / egress driveway. The proposed access will comply with the

requirements of AS2890.1 Parking Facilities: Off-street car parking.

Internal circulation will also comply with the requirements of AS2890.1. The connection

between Basement Level 1 and Basement Level 2 will be via a single line ramp. It is

recommended that a convex mirror and advisory signage is provided. A swept path analysis

has been undertaken. The traffic and parking report notes that suitable vehicle access

arrangements are provided.

Traffic

The modifications do not increase the number of apartments within the proposed mixed-use

development. Therefore, there will be no additional traffic generation above the 7vtph

identified for the approved DA. This will not result in any adverse impacts on the existing traffic

network.

Parking

The proposed mixed-use development will provide a total of 36 parking space (25 residential,

four visitor and seven commercial / retail). This is in accordance with RDCP 2014 and is

considered to be adequate for the proposed development.

A loading bay is located in Basement 1. This bay is suitable for small service vehicles.

Motorcycle and bicycle parking spaces have been identified on Basement 1.



6.2.3 Heritage

The Site is not listed as a heritage item nor is it located in a heritage conservation area.

However, it is located in the vicinity of three heritage items listed under Schedule 5 of RLEP

2014:

• House, 1-9 Monash Road, Gladesville (Item 141) local significance;

• Great North Road, Victoria Road, Gladesville (Item 54) local significance; and

• Gladesville Drill Hall, 144 Ryde Road, Gladesville (Item 113) state significance.

A Heritage Impact Statement was prepared by Archnex Designs as part of the approved DA.

The HIS assessed the potential impacts of the proposed mixed-use development on the

heritage significance of the items. The HIS concluded that whilst the Site is in the geographic

vicinity of the Great North Road and Gladesville Drill Hall, there are no visual connections

between the proposed mixed-use development and these heritage items. In relation to the

house at 1-9 Monash Road, the HIS provided the following conclusion:

The research has shown that the historical subdivision and development of the properties either side of what is now Monash Road occurred separately, and apart from the one time use of the premises at 9 Monash Road as a commercial enterprise, there has been no cogent relationship between the subject property and this item.

Visually, the emerging character of the area is largely a function of the recently constructed mixed-use development to the site at the north eastern corner of the Victoria Road/ Monash Road Intersection on what was previously land associated with the heritage item at 9 Monash Road.

The proposed development is of a similar building type to this recent development and is of a somewhat similar nature and character.

In my view, the proposed development will not impinge on the ability to interpret, appreciate, enjoy and experience the heritage item at 9 Monash Road and is supportable in terms of its potential heritage impacts.

The proposed modifications to the mixed-use development does not alter this conclusion.

6.2.4 Noise

An acoustic assessment report was undertaken by Acoustic Logic as part of the DA. The

report assesses the external noise environment and recommends acoustic treatments to

ensure a reasonable level of amenity for future residents. The report also identifies the noise

emission objectives for the proposed mixed use development. Recommendations identified in

the acoustic assessment report will be incorporated into the design development of the mixed-

use building. This will also ensure compliance with Conditions 20-23 and 159 of the

Development Consent.

6.2.5 Visual Privacy

The proposed mixed-use development has been designed to provide a high level of visual

privacy between the residents of the proposed development and any adjacent development.

Bedroom windows to Units 201, 301 and 401 have been recessed to minimise any potential

overlooking between these apartments and the adjacent development.

6.2.6 Solar Access

Shadow diagrams and solar access diagrams have been prepared by Olsson & Associates

Architects (Appendix 2).18 of 21 apartments (85.7%) within the proposed mixed-use

development receive a minimum of 2 hours of sunlight between 9am and 3pm on 21 June

(mid-winter).

The shadow diagrams demonstrate that there is no additional overshadowing of the any

adjoining properties between 9am and 3pm on 21 June.



6.3 Suitability of the Site for Development

An assessment of the suitably of the Site for the proposed mixed use development was

undertaken as part of the approved DA. This assessment found that the Site is suitable for the

proposed mixed-use development as it is located within the Monash Road Precinct, providing

an ideal location for employment and residential opportunities. The proposed development will

have a positive impact on the streetscape and is representative of the desired future character

of the precinct.

The Site is connected to all essential urban services and infrastructure.

The proposed mixed-use development will not have an adverse impact on adjoining

properties, the surrounding traffic network or on the streetscape.

6.4 Public Interest

In accordance with section 4.15(1)(e) of the EP&A Act, the proposed mixed-use development,

as modified is considered to be in the public interest as it is generally consistent with the aims,

objectives and development standards of the RLEP 2014 and RDCP 2014.


7 Conclusion

This report accompanies an application under section 4.55(2) of the EP&A Act to modify

Development Consent No. LDA2016/0624. The following conditions are proposed to be

modified or deleted:

• Condition 1 – Approved Plans / Documents;

• Condition No. 1(a) – Temporary Landscaping;

• Condition No. 1(b) – Planting on Structure;

• Condition No. 1(c) – Additional Shade – Level 2;

• Condition No. 3 – BASIX;

• Condition No. 68(a) – Public Infrastructure Works;

• Condition No. 85 – Stormwater Management;

• Condition No. 122 – Drainage Construction; and

• Condition No. 127 – BASIX.

The modifications sought with the section 4.55(2) Application represent substantially the same

as that granted Development Consent LDA 2016/0634 for the following reasons:

• The proposal is for a mixed-use development comprising a commercial tenancy on the

ground floor and 21 residential apartments over two levels of basement parking;

• The proposal does not change the number of apartments. The mix of apartments is

modified from 4 x 1 bedroom, 14 x 2 bedroom and 3 x 3 bedroom to 4 x 1 bedroom, 13

x 2 bedroom and 4 x 3 bedroom;

• The proposal involves a minor increase in maximum building height of the parapet from

RL 65.83 to RL 66.35, an increase in 520mm;

• There is a minor increase in gross floor area of 6.9m2;

• The proposed modifications sought are not anticipated to give rise to adverse impacts

upon surrounding properties in terms of overshadowing, visual privacy, views and

heritage;

• Modest amendments to the appearance of the mixed-use development are proposed

including changes to materials and finishes; and

• The number of on-site residential car parking spaces is reduced by one from 26 to 25.

There are no changes to the number of on-site car parking spaces for visitors or the

commercial premises. A loading bay is provided in Basement 1. This is not anticipated

to give rise to any adverse impacts upon traffic and on-street parking in the locality.

Accordingly, the proposed modifications are considered to be acceptable in this particular

instance and can be approved by Council under section 4.55(2).