blue mountains local planning panel item no: 3.1 23 july … lpp repo… · blue mountains local...

BLUE MOUNTAINS LOCAL PLANNING PANEL

ITEM NO: 3.1– 23 JULY 2018

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ITEM No. 3.1

REPORT: DEVELOPMENT APPLICATION No. X/184/2018 for a dual occupancy and

one into two lot subdivision at 38 Old Bathurst Road, BLAXLAND NSW

2774

Reason for report The land owner/applicant is a member of Council staff who is principally involved

in the exercise of Council’s functions under the Environmental Planning and

Assessment Act 1979.

RECOMMENDATION That Development Application X/184/2018 for a dual occupancy and one into

two lot subdivision at 38 Old Bathurst Road, BLAXLAND NSW 2774 be

determined in accordance with s4.16 of the Environmental Planning and

Assessment Act 1979, by the granting of consent subject to the conditions stated

in Part 3 of this report.

Reason/s in support of

the recommended

decision

1. The development is consistent with the objectives of the R2 Low Density

Residential zone.

2. The development is on a corner site and contains no environmental or

heritage constraints.

3. The development is located close to services and shops and is in a high

demand area for housing.

4. The development is compatible with the range of medium density, dual

occupancy and single dwelling developments in the vicinity.

5. The development complies with all planning and development controls and

standards with the exception of a minor variation to the minimum lot size for

detached dual occupancies, which is considered justified and consistent

with environmental planning outcomes envisaged for the site.

Disclosure Disclosure of any political donation and/or gift - No

Declaration of interest Yes – Council staff

Report author/s Senior Development Assessment Officer – Frances Kelly

Executive Principal, Planning – Alex Williams

Manager, Development & Planning Services – Kim Barrett

Report authoriser Director, Development & Customer Services – William Langevad

BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO.3.1- 23 JULY 2018

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PART 1 Development proposal

PART 2 Council assessment

PART 3 Proposed conditions of consent

BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 3.1– 23 JULY 2018

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PART 1: Development proposal

Applicant Mr P G Masters

Land owner Mr P G Masters

Location 38 Old Bathurst Road, BLAXLAND NSW 2774

Lot & DP L 1 DP 119169

Date lodged 06-Mar-2018

Value of works $198,000

Proposal in detail The development application seeks approval for a detached dual occupancy and

one into two lot Torrens title subdivision.

The dual occupancy comprises an existing dwelling and a proposed new

dwelling, both fronting Reserve Avenue. The subdivision will occur after the dual

occupancy is completed. The proposed works are summarised below.

Demolition

Demolition of a metal garden shed, metal fence and paving behind the existing

dwelling.

Existing dwelling

The existing dwelling on proposed Lot A will be upgraded for ember protection in

accordance with NSW Rural Fire Service requirements. Vehicle and pedestrian

access will remain from Reserve Avenue.

New dwelling

The proposed new dwelling on proposed Lot B will be a single storey 3 bed

dwelling with an internal two car garage. The external materials will be

weatherboard walls and Colorbond roof.

The site will be benched to ensure the dwelling and private open space area are

on flat ground. A fence will be erected between the existing and new dwelling

and the site will be landscaped. Vehicular access to the garage will be from

Reserve Avenue.

Subdivision

The one into two lot Torrens title subdivision will divide the site into the following:

Proposed Lot A – 619.54m2

Proposed Lot B – 416.64m2

Departure or variation to The applicant has lodged a request to vary the development standard 4.1B –


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a development standard Minimum Lot Sizes for Dual Occupancies.

Supporting

documentation

The plans and documents lodged are considered sufficient to enable

assessment of the application. The application is supported by:

o Architectural plans

o Landscape plan

o Concept stormwater drainage plan

o Statement of environmental effects, including clause 4.6 variation request

o Bushfire risk assessment report

Documentation online Plans to scale and key documents lodged with the application can be viewed

online. Go to www.bmcc.nsw.gov.au/development – Track and View

applications. Search and select X/184/2018.

Reduced site and elevation plans are below.

https://www2.bmcc.nsw.gov.au/DATracking/Pages/XC.Track/SearchApplication.aspx?os=y&

http://www.bmcc.nsw.gov.au/development


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Site plan


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Elevation plan


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PART 2: Council assessment

2.1 Overview and summary of issues

Location 38 Old Bathurst Road, BLAXLAND NSW 2774

Lot & DP L 1 DP 119169

Zoning R2 Low Density Residential

Characterisation of use Dual occupancy (detached) and subdivision

Permissibility The proposed development is permissible within the zone.

Type of development Integrated

Applicable

environmental planning

instruments and

development control

plans.

o State Environmental Planning Policy No. 55 – Remediation of Land

o State Environmental Planning Policy (Building Sustainability Index: BASIX

o Sydney Regional Environmental Planning Policy 20: Hawkesbury-Nepean

River

o Local Environmental Plan 2015

o Development Control Plan 2015

Applicable additional

local provisions

o Stormwater management

o Consideration of character and landscape

o Essential services

Bushfire prone land The property is mapped as bushfire prone.

Aboriginal and

Non-Aboriginal Heritage

The property is not listed as a place on which an identified Aboriginal object is

located or that is within an identified Aboriginal place of heritage significance.

The property is not listed as a heritage item or located within a heritage

conservation area.

Potentially

contaminated land

The land is not listed on Council’s potentially contaminated land register and

none of the activities that may cause contamination, listed in Table 1 of Planning

NSW’s Managing Land Contamination Planning Guidelines, are being or are

known to have been carried out on the site.

Site description The site is a rectangular 1036.18m2 allotment located on the corner of Old

Bathurst Road and Reserve Avenue, Blaxland. The site slopes from the eastern

boundary to Reserve Avenue in the west with an average fall of 12.5%.


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The site is developed with a single storey brick and fibro dwelling with tiled roof

and a rear attached garage accessed from Reserve Avenue. A metal garden

shed is north of the dwelling and the site is landscaped with mature trees, shrubs

and lawn. The existing dwelling is likely to have been constructed in the 1960s

based on its style and materials.

The site is surrounded by a mix of relatively large allotments averaging 1000m2

in area, developed with single dwellings.

There are also scattered dual occupancies and medium density Seniors Living

developments in the immediate vicinity. For example a dual occupancy sits

opposite the site at 36 Old Bathurst Road and nearby Seniors Living dwellings

are at 10 Ferndale Avenue, 32 Old Bathurst Road, and 2 Rusden Road.

The site is located close to shops and services. It is approximately 150m from

the East Blaxland shopping centre and 700m from the Blaxland railway station

and overpass to the main Blaxland shopping centre on the Great Western

Highway.


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Development history /

background

The existing dwelling on the site was most likely built in the 1960s based on its

style and materials.

In 2001 consent number X/1669/2001 was granted for an above ground

swimming pool with deck. This structure was removed in 2014.

There are no other development applications on Council records relating to this

site.

City wide infrastructure

contribution

The Citywide infrastructure contribution applies. This contribution is included as

a condition of consent.

Referral authorities Comments were sought and obtained from:

o NSW Rural Fire Service

These comments have been included in the report.

Notification period The application was notified to adjoining owners and published in the local paper

for the period 21 April 2018 to 14 March 2018.

Number of submissions No submissions received.

Summary of

assessment issues

Key issues determined in the assessment are:

o Suitability of the site for the development

o Justification for variation to the minimum lot size

o Character and compatibility with surrounding development

o Access and parking

o Landscaping

Assessment issues are detailed below.

2.2 Evaluation

The application has been assessed in accordance with s4.15 of the Environmental Planning and

Assessment Act 1979 (EP&A Act). Only those provisions relevant to the proposed development have been

addressed.

State Environmental Planning Policy (SEPP) – s4.15(1)(a)(i)

The following tables provide for an assessment against the provisions of applicable State Environmental

Planning Policies.

SEPP 55 – Remediation of Land Compliance

Y/N


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SEPP 55 – Remediation of Land Compliance

Y/N

Consideration has been given to whether the land is contaminated, as required by cl.7 of the

SEPP. The land is not listed on Council’s potentially contaminated land register and none of

the activities that may cause contamination, listed in Table 1 of Planning NSW’s Managing

Land Contamination Planning Guidelines, are being or are known to have been carried out on

the site.

Y

SEPP (Building Sustainability Index: BASIX)

A BASIX Certificate has been submitted with the application – Certificate Number 906534S dated 28

February 2018.

Condition of consent A condition has been included for compliance with the commitments indicated in

the certificate.

Sydney Regional Environmental Plan No 20 – Hawkesbury-Nepean River Compliance

Y/N

The land is located in the Middle Nepean and Hawkesbury sub catchment. The proposal has

been designed to comply with general planning considerations and the specific planning

policies and related recommended strategies which are applicable to the proposed

development, including water quality, water quantity and urban development.

Y

Local Environmental Plan 2015 [LEP2015] – s4.15(1)(a)(i)

The proposed development has been assessed against the provisions of LEP 2015 with significant points

identified and discussed below.

Part 1 Preliminary

Clause Standard Discussion Compliance

Y/N

1.2

Aims of Plan

The development complies with the aims of the

plan, in particular:

(a) to maintain the unique identity and

values of the “City within a World Heritage

National Park”, and

(k) to promote the provision of accessible,

diverse and affordable housing options to

cater for the changing housing needs of the

community

Y

Part 2 Permitted or prohibited development


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Y/N

Land Use

Table

Permissibility The proposed use is categorised as dual

occupancy (detached).

Dual occupancy (detached) is defined in the

Dictionary to the LEP as meaning 2 detached

dwellings on one lot of land, but does not include a

secondary dwelling.

Dual occupancy (detached) is permissible with

development consent in the zone.

The subdivision is permissible with consent (under

clause 2.6 of the LEP).

Y

2.3 Zone objectives The objectives of the zone are met, in particular

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

To promote residential development in locations that are accessible to services and facilities.

To ensure that development maintains and improves the character of residential areas in a manner that minimises impacts on existing amenity and environmental quality.

Y

Part 4 Principal development standards

Clause Standard Proposal / Discussion Compliance

Y/N

4.1B Minimum lot size for dual

occupancies

The minimum lot size for a detached dual

occupancy is 1,100m².

The site is 1,036.18m², 63.82m² below the minimum

lot size for detached dual occupancies. This

represents a variation of 5.8%.

A written justification for the variation was provided

by the applicant. An assessment of this variation is

provided under clause 4.6 below.

N see

clause 4.6

4.3 Height of buildings - 8m New dwelling: maximum 4.5m.

Existing dwelling: no change.

Y

4.4 Floor space ratio - 0.35:1 New dwelling gross floor area (GFA) = 105.37m²

Existing dwelling GFA = 135.38m².

Y


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Part 4 Principal development standards

Clause Standard Proposal / Discussion Compliance

Y/N

Total floor space ratio (FSR) = 0.23:1

Exceptions to development standards (Cl.4.6)

Exception requested The applicant has requested a variation to the minimum lot size for dual

occupancies to allow the proposed dual occupancy to be constructed on an

undersized lot.

Exclusions The development standard is not one of those excluded under 4.6(6) or 4.6(8).

Area of non-compliance 4.1B – Minimum lot size for dual occupancies.

Nature and extent of

non-compliance

The minimum lot size for a detached dual occupancy is 1,100m². The subject

site is 1036.18m². This is 63.82m² below the minimum lot size for detached dual

occupancies, representing a variation of 5.8%.

Objectives of the

standard

The objective of the standard is to achieve planned residential density in certain

zones.

Justification


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Cl. 4.6(3)(a) Compliance

is unreasonable or

unnecessary

Compliance with the standard is considered unreasonable or unnecessary for

the following reasons:

o The site is a highly accessible corner lot with dual access.

o The site is only 63.82m² or 5.8% below the minimum lot size for detached

dual occupancies. This is considered a minor variation.

o The site is above the minimum 900m² lot size for an attached dual

occupancy (by 136.18m²), however an attached dual occupancy

development would present as one large elongated development, which

would likely be incompatible with the streetscape. While an attached dual

occupancy could be pursued on this site, it is considered that two small

detached dwellings are more suitable in this location.

o The site is very close to services and amenities and in an area containing a

mix of low and medium density housing. The immediate vicinity contains a

mix of large new single dwellings, smaller older single dwellings, detached

dual occupancies and Seniors Living development. The proposal would be

compatible with the surrounding development mix and streetscape.

o The suitability of the site for this style of housing in a high demand area

makes it unreasonable and unnecessary to refuse the development based

on a minor variation of minimum lot size.

o The combined floor area of both dwellings is 240.75m², representing an

FSR of 0.23:1. This is well below the maximum 0.35:1 FSR applicable to

the site.

Cl. 4.6(3)(b) Sufficient

environmental planning

grounds to justify

contravention of the

standard

It is considered there are sufficient environmental planning grounds to justify

contravention of the standard:

o No environmental or heritage constraints apply to the site.

o The site is highly suitable for the development proposal based on its

location, land form and compatibility with existing surrounding development.

o The site is fully serviced with reticulated sewer, power, communications

and stormwater available.

o The site is bushfire prone but the development is able to comply with the

NSW Rural Fire Service bush fire safety authority, which includes the

requirement for an Inner Protection Area asset protection zone over the

whole site, ember protection for the existing dwelling and for services to

comply with the Planning for Bushfire Protection guidelines 2006. The new

dwelling can also be built to the recommended BAL 12.5 standard.

In view of the lack of constraints, compatibility of the development with

surrounding development types and sizes, and suitability of the site overall, it is

considered there are sufficient environmental planning grounds to justify

contravention of the standard.


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Cl. 4.6(4)(a)(ii) Public

interest, zone objectives

and objectives of the

development standard

No public benefit would be gained from refusing this particular development

based on it being 5.8% below the minimum lot size for detached dual

occupancies. This is particularly the case considering all other planning

objectives and controls are, or can be, satisfied.

The development meets the objectives of the standard. The combined floor area

of both dwellings is 240.75m², representing an FSR of 0.23:1. This is well below

the maximum 0.35:1 FSR applicable to the site. The development therefore

achieves the planned residential density in the Low Density residential zone.

The development meets the objectives of the Low Density Residential zone.

Cl. 4.6(5) Other

considerations

There are no matters of significance for State or regional environmental planning

triggered by non-compliance with the standard.

Conclusion It is considered that the variation of the development standard controlling

minimum lot size for detached dual occupancies is justified in the circumstances

of the case by reason that strict adherence to the standard will not result in an

improved outcome.

Supported Yes

Part 5 Miscellaneous provisions


Y/N

5.10.8 Aboriginal places of

heritage significance

A search of the AHIMS register on the OEH website

shows no identified aboriginal sites or places on or

within 50m of the land.

Y

Part 6 Additional local provisions


Y/N

6.9

Stormwater management

Stormwater from the new dwelling and associated

hardstand areas will drain to an existing Council

stormwater drainage system that runs along the

front of Reserve Avenue.

The development incorporates two 5,000 litre

combined rainwater re-use and detention tanks and

an infiltration trench in the south-west corner of the

proposed northern lot to treat and manage

stormwater run-off.

The stormwater management outcome is

Y


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Y/N

considered to comply with clause 6.9 objectives as

well as requirements to ensure post-development

water quality, quantity and flow is no worse than

pre-development stormwater outcomes.

6.14

Earthworks

The site for the new dwelling will be benched to

create a level building platform and relatively level

private open space area.

The site will be benched to a maximum depth of

1.35m at the south eastern corner of the new

building footprint, reducing to nil at the north

western corner.

Retaining walls will be constructed to retain the

excavated area and prevent any disruption to the

drainage pattern on the adjoining property to the

east.

The extent of cut and fill on the site is considered

acceptable.

Y


Y/N

6.17

Consideration of

character and landscape

The proposed new dwelling house is a small single

storey dwelling, of a style and footprint similar to

many of the older style (1960s) dwellings in the

vicinity.

The new dwelling will be single storey with a

weatherboard and Colorbond roof and will be

compatible with the surrounding streetscape.

As the new dwelling sits behind the existing

dwelling, the appearance from Old Bathurst Road

will be unchanged. From Reserve Avenue the

proposed new dwelling will present as a small

dwelling on a lot with similar width to other

properties in the vicinity.

The surrounding vicinity contains a mix of low

density single dwellings, dual occupancies and

medium density Seniors Housing development.

Appropriate landscaping outcomes are required via

conditions of consent to ensure compatibility with

the low-density, leafy character of the locality.

Subject to appropriate conditions of consent, the

development is considered to be consistent with the

established character of the surrounding area.

Y


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Y/N

6.23

Essential Services

The site is fully serviced and all essential services

are available to the proposed new dwelling.

The new dwelling will be able to connect to the

sewer, stormwater drainage system and electricity

in Reserve Avenue.

An easement for below ground services from Old

Bathurst Road (town water, telecommunications

and gas) will be registered along the eastern

boundary of Proposed Lot A benefitting Proposed

Lot B. This is dealt with via a condition of consent.

Y

Proposed planning instruments – s4.15(1)(a)(ii)

There are no draft environmental planning instruments that apply to the site.

Development Control Plan 2015 – s4.15(1)(a)(iii)

The proposed development has been assessed against the provisions of the Development Control Plan 2015

with significant points of consideration not identified above, discussed in the table below.

Part B Context, site analysis and design


Y/N

B1 Site and context analysis A site analysis plan was provided.

Adequate consideration has been given to the site

and context in locating and designing the

development.

Y

B2 Building envelope B2.3 Building width

The combined width of the existing and proposed

dwellings is 32m, or 62% of the Reserve Avenue

frontage. This complies with the 80% maximum

ratio of building width to site width permitted.

B2.3 Building setback

The new dwelling is set back 4.3m from the site

front boundary at Reserve Road. This is the same

distance as the adjoining existing dwelling.

This distance is also within 20% of the adjoining

Y


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Part B Context, site analysis and design


Y/N

property at 75 Boorea Street which faces Reserve

Avenue and Boorea Street at an angle. The

western corner of the building is 6.5m from Reserve

Avenue.

B2.4 Site coverage and pervious area

The total site coverage of all existing and new

proposed buildings is 305m². This is 29% of the

site, well under the maximum 40% site cover

permitted under the DCP.

The total pervious area is 529m². This is 51% of the

1036.18m² site area, well over the minimum 40%

required under the DCP.

Part C Environmental management


Y/N

C3 Landscaping The final landscape plan includes a mix of tall,

medium and smaller shrubs and trees, providing

screening and a landscape compatible with

surrounding development. Adequate deep soil

zones are provided. The final landscape plan has

been annotated by Council to ensure appropriate

plantings and removal or retention of existing

vegetation where shown.

Due to the benching required in proposed Lot B,

one of the major trees originally identified for

retention – T29 (Tristaniopsis laurina) cannot be

adequately protected and therefore will be

removed. The tree provides limited contribution to

the streetscape, and therefore its removal is

considered acceptable. All other trees and shrubs

outside the development footprint that have been

identified for removal were assessed as being in a

state of irreversible decline. All removed trees and

vegetation is being replaced with suitable

alternatives as shown on the landscape plan. These

are largely native trees and shrubs that are

endemic to and/or grow well in this part of the

Lower Blue Mountains.

It is considered the final plan for approval and the

attached recommended conditions of consent

satisfy the DCP landscape requirements under Part

Y


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Part C Environmental management


Y/N

C3, as well as providing a positive landscape

outcome.

C4 Bushfire As the proposal involves a subdivision of bushfire

prone land, the application was sent to the NSW

Rural Fire Service as integrated development under

section 100B of the Rural Fires Act 2007.

The RFS provided a Bushfire Safety Authority dated

10 April 2018.

The RFS requirements can be met. These are:

The whole site to be treated as an Inner

Protection Area (IPA) asset protection zone.

The whole site complies with this requirement.

For water, electricity and gas supply to comply

with Planning for Bushfire Protection 2006. All

these services will be placed underground as

required.

The existing building is to be upgraded to

incorporate ember protection. This will be

carried out.

Compliance with the RFS requirements is included

as a condition in the consent.

Y

C6 Water management Stormwater from the new dwelling and associated

hardstand areas will drain to an existing Council

stormwater drainage system that runs along the

front of Reserve Avenue.

The development incorporates two 5,000 litre

combined rainwater re-use and detention tanks to

collect all roofwater. Half of this volume will be for

reuse and the other half for on-site detention. An infiltration trench in the south-west corner of the

proposed northern lot is proposed to treat and

manage stormwater run-off from the site, including

the driveway and overflow from the rainwater tanks.

Although the trench design is smaller than the DCP

requirements and less than 4m from the boundary

and building, the location is the optimum one for the

trench which is constrained by the retention of an

existing tree. This is considered an acceptable

outcome.

Y

Part E Site development and management


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Y/N

E2 Traffic, parking and

access

Parking

The parking requirements for dual occupancies are

as follows:

o 1 space per dwelling with a GFA of less than

125m².

o 2 spaces per dwelling with a GFA equal to or

greater than 125m².

o Where the development proposes a change of

use from a single dwelling to a dual

occupancy, additional parking is not required

for the existing dwelling.

The new dwelling has a floor area of 105.37m². A

two car garage is proposed which can be converted

to a single accessible car space.

The existing dwelling has a floor area of 135.78m²

and has a single internal garage. No extra parking

is required for this existing dwelling.

Access and driveways

Access to both dwellings will be from Reserve

Avenue. This road is not a high pedestrian or traffic

road and vehicles will be able to safely reverse from

the site.

The existing dwelling access will remain the same.

The new dwelling will have a new sealed driveway

constructed. This will include filling the footway area

to even it out, which is supported.

Y

E3 Accessibility, adaptability

and housing choice

Pre- and post-adaptation plans are provided to

show that the proposed new dwelling is designed to

be adaptable in accordance with Australian

Standard 4299.

Y

E4 Site management The consent is conditioned to manage construction

impacts. There are no materials on the site

earmarked for demolition that contain asbestos.

However, a standard condition to deal with

asbestos and any other hazardous material

unearthed during excavation is recommended.

Y

E6 Waste management A satisfactory waste management plan has been

provided for construction waste.

There is ample room at the front of the site for the

Y


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Part E Site development and management


Y/N

two Council bins to be placed there for collection

each week.

Part F Specific development types

Low Density Residential


Y/N

F1.1.1 Private open space Each dwelling requires 50m² of private open space

(POS), 25m² of which is a principal area of POS.

The POS for each dwelling complies with the size

and other DCP requirements (direct access to living

areas, not on >10% slope, minimum 4m width and

not within the front setback) as shown on the

landscape plan.

The existing dwelling has its POS to the south east

of the dwelling within the setback from Old Bathurst

Road. This is considered to be a side setback for

the purposes of this provision and is considered to

be an acceptable outcome. The new dwelling has

its POS to the north.

Y

F1.1.2 Visual privacy Neither dwelling intrudes on the visual privacy of

the other subject site dwelling or on neighbouring

residences.

No windows directly overlook the POS or into

habitable room windows of the other dwelling.

Due to the lower level of the new dwelling, the

windows in the closest northern elevation of the

existing dwelling look out on to the roof of the new

dwelling. The new dwelling is below the level to

enable visual impact on the habitable room

windows of the existing dwelling.

There will be no overlooking into the adjoining

residence in 40 Old Bathurst Road to the east of

the site due to the benched floor level bringing the

window sightlines below a level that could result in

visual impact.

Existing boundary fencing and the area of private

open space prevents overlooking to the north from

the new dwelling into 75 Booera St. There are no

Y


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Y/N

neighbours to the south and west as the site is

bound by Old Bathurst Road and Reserve Avenue.

F1.1.4 Sunlight access Solar diagrams were provided with the application

as required by the DCP.

The site benching and single storey level of the

existing and new dwelling mean there is no impact

on the sunlight access of neighbouring residences.

The solar diagrams show that there will be a

minimum of 3 hours of unobstructed sunlight

between the hours of 9am and 3pm on the 21st

June into the POS and living room windows of the

dwellings.

Y

F1.1.6 Driveways and parking The design of the driveways for both dwellings

complies with the requirements of the DCP.

Y

F1.1.7 Dual occupancy Building separation

The development largely complies with the

requirement for a 6m separation between the two

dwellings with the exception of one room (a

previous kitchen extension area in the existing

dwelling) which has a 2m separation from the new

dwelling.

It is considered that this departure from the DCP

requirements is justified for the following reasons:

There are no visual privacy or sunlight access

impacts resulting from this 2m separation.

Due to the lower level of the new dwelling, the

windows in the closest northern elevation of

the existing dwelling look out on to the roof of

the new dwelling. The new dwelling is below

the level to enable visual impact on the

habitable room windows of the existing

dwelling.

The location of the new dwelling is the

optimum location on the site in terms of

providing adequate areas of private open

space and privacy between neighbouring sites

and the optimum stormwater and landscaping

outcomes.

Y


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Y/N

From the front of the site in Reserve Avenue,

the dwellings appear as two distinctly

separate dwellings as the 6m separation is

within the western part of the site facing the

road.

Orientation and appearance

The dwellings are single-storey small dwellings,

compatible with the smaller older style dwellings in

the vicinity.

There is no mirror reverse design, with the existing

and new dwelling differing significantly from each

other in design and appearance.

The landscape plan, subject to amendment via the

proposed conditions of consent, will achieve

adequate plant selection in terms of types and size

of plants.

F5.1 Subdivision The subdivision complies with the subdivision

controls in terms of regularity in shape,

accommodation of building envelope, setbacks and

minimum lot widths. Each proposed lot also

complies with the NSW RFS requirements under

Planning for Bushfire Protection 2006 and is can

legally drain to a street stormwater system.

The minimum lot size for detached dual

occupancies is the only control with which the

development does not comply and that has been

addressed as an exception to development

standards under LEP clause 4.6 above.

Y

Planning Agreement – s4.15(1)(a)(iiia)

There are no planning agreements that apply to the proposed development or the subject site.

Regulations – s4.15(1)(a)(iv)

The Environmental Planning and Assessment Regulation, provides controls and regulations that relate to the

management of the proposed development. These requirements are inherent in the assessment processes

undertaken for the proposal.


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Likely impacts – s4.15(1)(b)

Likely impacts on the natural and built environment

Natural Environment The site has no natural environmental constraints and the proposed

development will have little to no impact on the natural environment. There is no

environmentally sensitive land on the site and stormwater management

measures ensure there is no adverse impact on water quality, quantity and flow

post-development. The development application was accompanied by a valid

BASIX certificate which demonstrates the development will meet minimum water

and energy efficiency targets.

Built environment The site is unconstrained by heritage or period housing considerations, and the

design and siting of the development ensures there is no impact on the

character and streetscape. There is no adverse impact on the built environment.

Likely social impacts

It is considered that the development does not have adverse social impacts. The development provides

housing choice in an area of high housing demand.

Likely economic impacts

It is considered that the development does not have an adverse economic impact. The development will have

a marginal economic impact in employment terms, during the construction period.

Suitability of the site for the development – s4.15(1)(c)

Site suitability The site is considered suitable for the proposed development for the following

reasons:

o The site is in an existing well developed, conveniently located residential

area.

o The site is a highly accessible corner lot with dual access.

o There site has no major natural or planning constraints.

o Despite being smaller than the minimum lot size, the site is capable of

accommodating the proposed development while meeting density,

character and landscape requirements.

Submissions – s4.15(1)(d)

Notification and exhibition

Consultation was undertaken in accordance with the requirements of Part H (Public Participation) of Blue

Mountains Development Control Plan 2015 and the requirements under the Environmental Planning and

Assessment Regulations.


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Submissions – s4.15(1)(d)

Notification and exhibition

Notification The application was advertised in the Blue Mountains Gazette for 14 days from

21 March 2018 until 4 April 2018. Written notification was also sent to adjoining

and nearby properties.

No submissions were received.

Public interest – s4.15(1)(e)

Public interest No issues have arisen during the assessment that would indicate the proposed

development is not in the public interest


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PART 3 Proposed conditions of consent

General

Confirmation of relevant

plans and documentation

1. To confirm and clarify the terms of consent, the development shall be

carried out in accordance with the following plans and accompanying

supportive documentation, except as otherwise provided or modified by

the conditions of this consent:

Document Prepared by: Drawing No Issue Date

Site Plan McTavish Design 84618 A 11 April 2018

Site Benching Plan McTavish Design 84618 A 11 April 2018

Floor Plan McTavish Design 84618 A 11 April 2018

Adaptable Floor Plan &

Detail 1 & 2

McTavish Design 84618 A 11 April 2018

North and West Elevations McTavish Design 84618 A 11 April 2018

South and East Elevations McTavish Design 84618 A 11 April 2018

Sections A/B McTavish Design 84618 A 11 April 2018

Roof Plan McTavish Design 84618 A 11 April 2018


Floor Slab Plan McTavish Design 84618 A 11 April 2018


Landscape Plan Dapple Designs 180161 C 19 June 2018

Stormwater Plans – Sheets 1

& 2

Barker Ryan Stewart SY180092C1 B 9 May 2018

Subdivision Plan McTavish Design 84618 A 11 April 2018

Construction certificate 2. A construction certificate is required prior to the commencement of any

building works. This certificate can be issued either by Council as the

consent authority or by an accredited certifier.

Building Code of

Australia

3. All building work must be carried out in accordance with the provisions of

the Building Code of Australia.

Occupation certificate 4. The building must not be used or occupied prior to the issue of any

occupation certificate in accordance with sections 109H and 109M of the

Environmental Planning and Assessment Act 1979.


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NSW Rural Fire Service 5. The development must comply with all concurrence requirements and

conditions of the NSW Rural Fire Service Bushfire Safety Authority dated

10 April 2018, attached to and forming part of this development consent.

BASIX 6. Under clause 97A(2) of the Environmental Planning & Assessment

Regulation 2000, it is a condition of this development consent that all the

commitments listed in the BASIX Certificate for the development are

fulfilled.

In this condition:

1. Relevant BASIX Certificate means:

a) A BASIX Certificate that was applicable to the development when

this development consent was granted (or, if the development

consent is modified under section 96 of the Act, a BASIX

Certificate that is applicable to the development when this

development consent is modified); or

b) If a replacement BASIX Certificate accompanies any subsequent

application for a Construction Certificate, the replacement BASIX

Certificate; and

2. BASIX Certificate has the meaning given to that term in the

Environmental Planning & Assessment Regulation 2000.

City-wide Local

Infrastructure

Contribution

7. In accordance with the Blue Mountains City Council City-wide Local

Infrastructure Contributions Plan adopted 27 June 2017 (“the

Contributions Plan”), a contribution of $1,980 shall be paid to Council.

This amount will be adjusted* at the time of payment in accordance with

Section 3.7 of the Contributions Plan.

The contribution shall be paid prior to the issue of a construction

certificate, or commencement of the use of the land, whichever occurs

sooner.

The Contributions Plan is available for inspection at Council’s offices or

on Council’s website at www.bmcc.nsw.gov.au.

*Using the All Groups Consumer Price Index (Sydney), as published by

the Australian Bureau of Statistics. You are advised to check the current

amount payable with Council prior to any payment.

Approval under the

Roads Act 1993

8. Before work commences in Council's roads, plans and specifications are

to be submitted to and approved by the Council under the Roads Act

1993.

All works in Council's road are to be at no cost to Council.

Construction in Council’s 9.

Prior to the commencement of works in the Council’s road reserve an

onsite preconstruction meeting is to be arranged with Council’s


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roads Supervising Engineer.

The person or company carrying out the works are required to have

workers compensation and public liability insurance to the value of at

least $10 million. The policy shall indemnify the Council from all claims

arising from the execution of the works. Proof of the policy is to be

provided to the Council’s Supervising Engineer at the preconstruction

meeting.

Inspections of the works will be required at specific stages, which will be

advised at the pre-construction meeting. The applicant will be required to

pay for the inspections in accordance with the Council’s Schedule of

Fees and Charges.

A minimum 48 hours notice is required to book an inspection. Works are

not to proceed further until that stage of the works has been approved in

writing by the Council’s Supervising Engineer.

Works required in

Council’s Roads 10.

The following engineering works shall be constructed by the applicant at

the applicant’s expense:

The construction of a new layback or dish drain and apron

crossing, 150mm thick concrete with F72 mesh.

Installation of the stormwater outlet between the site and the kerb

inlet pit.

Details are to be provided with the Roads Act application for approval.

Landscape

implementation 11.

Landscaping is to be included as an integral component of the

development to enhance the amenity of the built environment and

ensure that the landscape character of the Blue Mountains is protected.

To achieve this, landscape installation including tree protection, soil

preparation, garden bed establishment, plant selection, planting

methods and mulching are to be undertaken in accordance with the

approved Landscape plan, inclusive of all Council annotations, and as

required by these conditions.

At establishment the landscape planting must demonstrate the

following:

a) integration of healthy and structurally sound retained trees and

shrubs within an enhanced landscape setting,

b) species listed as Weeds of the Blue Mountains within Part C2.3 Blue

Mountains DCP 2015 are not present within the landscaped area,

c) compensatory planting of one Eucalyptus punctata (Grey Gum)

within the deep soil zone of the new dwelling,

d) a garden setting containing a variety of climatically suitable species,

selected from the planting schedule and appropriately located in

accordance with the approved planting layout,

e) plantings which are suitably advanced, vigorous, structurally sound

and correctly installed, and


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f) street trees installed in suitable locations and adequately protected by

suitable tree guards.

At maturity, the completed landscape planting must provide:

g) a suitable garden setting complementary to the local character

established by the mature and significant Eucalyptus street trees,

h) subtle screening of the development from roadway and pedestrian

areas whilst maintaining an active street frontage,

i) appropriate screening of the development from adjoining dwellings,

j) dominant landscape elements of sufficient scale to ensure their

contribution to the visual character of the locality,

k) the adequate compensation of trees removed as a component of the

development, and

l) well established street trees free of damage and structural defects.

The person who benefits from this approval is to ensure successful and

rapid establishment and successful growth of installed plant material.

Irrigation and aftercare is to be in accordance with the approved

landscape specifications, and landscaped areas are adequately

maintained for the life of the development.

Plants that die or are removed are to be replaced with the same species

in an equivalent stage of growth unless remaining plantings satisfactorily

achieve the identified landscape functions.

Street numbering 12. To ensure appropriate definition of the proposed allotments, a written

request for confirmation of the street numbering is to be submitted to

Council. Council’s written advice is to form part of the Subdivision

Certificate documentation.

Prior to the Issue of a Construction Certificate

Internal engineering

design 13.

Prior to the issue of the Construction Certificate detailed engineering

plans prepared and endorsed by a suitably qualified person, together

with certification verifying the requirements of conditions relating to the

internal access and drainage systems have been met, shall be

submitted to and approved by the Principal Certifier.

Water management

detailed design 14.

The stormwater concept plans by Barker Ryan Stewart Rev. B are

concept plans for development application purposes only and are not to

be used for construction. The detailed design is to reflect the approved

concept plan prior to the issue of a construction certificate.

Notification of Home

Building Act 1989

requirements

15. Prior to commencement of building works, the Principal Certifying

Authority is to provide Council with written notice of:


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In the case of work for which a principal contractor is required to be

appointed:

o The name and licence number of the principal contractor, and

o The name of the insurer by which the work is insured under Part

6 of the Home Building Act 1989.

In the case of work to be done by an owner-builder:

o The name of the owner-builder, and

o If the owner-builder is required to hold an owner-builder permit

under the Act, the number of the owner-builder permit.

Signage 16. To ensure that the site is easily identifiable for deliveries and provides

information on the person responsible for the site, a sign displaying the

following information is to be erected in a prominent position on the site

prior to building, subdivision or demolition works commencing:

The name, address and telephone number of the principal certifying

authority for the work.

The name of the principal contractor for any building work and a

telephone number on which that person may be contracted outside

working hours, and

The statement that “Unauthorised entry to the site is prohibited”.

Protection of retained

trees

Prior to work commencing

and during construction

17. Prior to the commencement of any work on site, trees to be retained

within and adjacent to the construction area are to be protected from

accidental damage and other adverse impacts to their root system, trunk

and branches during site preparation and approved construction works.

Establishment of Tree Protection Zones (TPZ’s) - High visibility and/or

sturdy fencing is to be used to establish the TPZ around retained trees.

The barriers are to be located in accordance with Australian Standard

4970-2009 Protection of Trees on Development Sites and shall

encompass the maximum possible area around the dripline of the canopy

but be no less than 2.0 metres from the base of each tree to be

protected.

Restriction of activity - Within the TPZ, there shall be no storage of

material, placement of structures, parking, operation or washing of

equipment or vehicles or changes to soil level.

Cut and fill 18. To ensure proper regard is given to the existing land form, the extent of

cut/excavation and filling is limited to that shown on the approved plans.

Erosion & sediment

controls

19. To preserve the unique environment of the Blue Mountains and to

contain soil and sediment on the property, controls in accordance with

the Development Control Plan are to be implemented prior to clearing of

the site vegetation and the commencement of site works. This will

include:

The installation of a sediment fence with returned ends across the


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low side of the site so that all water flows through. These shall be

maintained at no less than 70% capacity at all times. Drains,

gutters, roadways etc., shall be kept clean and free of sediment.

To prevent the movement of soil off site, a single entry/exit point to

the property shall be constructed of 40mm blue metal aggregate or

recycled concrete to a depth of 150mm. The length must be at least

5 metres with the width at least 3 metres.

Soil erosion fences shall remain and must be maintained until all

disturbed areas are restored by turf, paving or revegetation.

Workers amenities 20. Before work starts, toilet facilities must be provided for construction

personnel on the site. Amenities are to be installed and operated in an

environmentally responsible and sanitary manner.

Site management 21. To safeguard the local amenity, reduce noise nuisance and to prevent

environmental pollution during the construction period:

Site and building works (including the delivery of materials to and

from the property) shall be carried out Monday to Friday between

7am-6pm and on Saturdays between 8am-3pm, excluding public

holidays. Alteration to these hours may be possible for safety

reasons but only on the agreement of Council.

Stockpiles of topsoil, sand, aggregate, spoil or other material shall

be stored clear of any drainage path or easement, natural

watercourse, footpath, kerb or road surface and shall have

measures in place to prevent the movement of such material off

site.

Building operations such as brickcutting, washing tools, concreting

and bricklaying shall be undertaken on the building block, with

pollutants contained on site.

Builders waste generated under this consent (including felled trees,

tree stumps and other vegetation) must not be burnt or buried on

site.

All waste must be contained and removed to an approved Waste

Disposal Depot or in the case of vegetation, with the exception of

environmental and declared noxious weeds, mulched for re-use on

site.

Builder details or owner-

builder permit

22. Prior to any building works commencing on the site you must provide to

the Principal Certifying Authority:

a) Written advice as to the principal contractor (name, address and

licence number), or

b) A copy of the owner-builder permit.

Insurance under the

Home Building Act 1989

or owner-builder permit

23. Prior to the commencement of any building works authorised by this

consent, you must provide to the Principal Certifying Authority:

a) A copy of the contract of insurance complying with the Home


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Building Act 1989. Information on this insurance scheme can be

obtained from NSW Fair Trading. Or,

b) A copy of the owner-builder permit.

Asbestos and other

hazardous materials

24. If any asbestos or other hazardous material is discovered during site

works, compliance with the following is required:

Work Health and Safety Act 2011

Work Health and Safety Regulation 2017

AS 2601 The demolition of structures

SafeWork NSW

Protection of the Environment Operations (Waste) Regulation 2014

All asbestos or other hazardous material is to be disposed of to an

approved waste management facility licensed to receive the waste.

Restore disturbed and

degraded areas

25. All disturbed areas, earthworks and/or batters are to be stabilised and

restored immediately it is possible to do so. These areas are to be

topsoiled and revegetated with native or non-invasive groundcover

species, turf or suitable proprietary surface binder.

Prior to the Issue of the Occupation or Subdivision Certificate

Repair of damage 26.

The applicant shall repair or reconstruct all damages caused by

construction activity relating to the development as required by the

Council's Supervising Engineer prior to release of any Occupation or

Subdivision Certificate

Certification by Council 27.

Prior to the issue of the Occupation or Subdivision Certificate, a

certificate shall be obtained from Council to verify that all works within

the road reserve have been completed in accordance with the approved

plans and to Council’s satisfaction.

Prior to the Issue of the Occupation Certificate

Landscape Verification

28. The Principal Certifying Authority (PCA) is to verify, and be satisfied,

that all landscaping works have been implemented in accordance with

the approved Landscape Plan, as amended by these development

consent conditions, prior to the issue the final Occupation Certificate.

The person having the benefit of this consent must complete any works

directed by the PCA or Council in order to satisfactorily achieve the

landscaping requirements of these development consent conditions.

Certification – Site’s

stormwater system 29. The on-site stormwater detention and/or water quality treatment device/s

must be completed to the satisfaction of the Principal Certifier prior to


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including OSD ,Water

Quality Treatment –

Construction

the issue of an occupation certificate.

The following documentation is to be submitted prior to the final

inspection:

A works as executed plan prepared by a suitably qualified person.

Certification by the system designer, or other suitably qualified

person that the system has been constructed in accordance with

the approved plans and will function as intended,

Any variation to the approved design is to be noted together with

any required remedial works to ensure the system will function as

intended.

Onsite Stormwater

Detention

Positive covenant

(maintenance)

30. To ensure the on site detention systems are satisfactorily maintained,

the Principal Certifier shall be satisfied that a covenant under Section

88E of the Conveyancing Act, 1919 has been registered over the

property.

The terms of the 88E Instrument with positive covenant shall include, but

not be limited to, the following:

a. The Proprietor of the property shall agree to be responsible for

keeping clear and the maintenance of all pits, pipelines, trench

barriers and other structures.

b. The registered Proprietor shall indemnify the Council and any

adjoining landowners against damage to their land arising from the

failure of any component of the OSD or failure to clean, maintain

and repair the OSD.

The 88E Instrument shall also contain a provision that it may not be

extinguished or altered except by Blue Mountains City Council.

The 88E Instrument shall be submitted to Council for endorsement prior

to lodgement at NSW Land and Property Information.

Certificates from

Authorities

Early contact with these

authorities is

recommended

31. To ensure satisfactory effluent disposal and utility services are provided

to the development, you are required to submit to Council compliance

certificates from:

a. Sydney Water

A Section 73 Compliance Certificate under the Sydney Water

Act 1994 must be obtained from Sydney Water Corporation

confirming reticulated water and gravity sewer systems are

available to each dwelling.

Application must be made through an authorised Water

Servicing Coordinator. Please refer to the Building Developing

and Plumbing section of the web site www.sydneywater.com.au

then refer to “Water Servicing Coordinator” under “Developing

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


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Your Land” or telephone 13 20 92 for assistance.

Following application a “Notice of Requirements” will advise of

water and sewer infrastructure to be built and charges to be

paid. Please make early contact with the Coordinator, as it can

take some time to build water/sewer pipes and this may impact

on other services and building, driveway or landscape design.

The Section 73 Certificate must be submitted to the Principal

Certifier prior to issue of an Occupation Certificate.

b. Endeavour Energy indicating that satisfactory arrangements have

been made for the provision of underground electricity supply to

each dwelling.

c. An approved telecommunications service provider stating that

satisfactory arrangements have been made for underground

telephone services to each dwelling.

Prior to the Issue of a Subdivision Certificate

Subdivision Certificate 32.

An application for a subdivision certificate is required on completion of all

conditions of Development Consent. The application is to be lodged

with and approved by Council as the consent authority. The application

should include the original plan of subdivision plus five (5) copies. The

location of all buildings and/or other permanent improvements must be

shown on one (1) copy.

Certificates from

Authorities

Early contact with these

authorities is

recommended

33. A Section 73 Compliance Certificate under the Sydney Water Act

1994 must be obtained from Sydney Water Corporation

confirming reticulated water and gravity sewer systems are

available to each lot.

Application must be made through an authorised Water Servicing

Coordinator. Please refer to the Building Developing and

Plumbing section of the web site www.sydneywater.com.au then

refer to “Water Servicing Coordinator” under “Developing Your

Land” or telephone 13 20 92 for assistance.

Following application a “Notice of Requirements” will advise of

water and sewer infrastructure to be built and charges to be paid.

Please make early contact with the Coordinator, as it can take

some time to build water/sewer pipes and this may impact on

other services and building, driveway or landscape design.

The Section 73 Certificate must be submitted to the Principal

Certifier prior to issue of the Subdivision Certificate.

Relocation of private

services 34.

To ensure the proposed lots are appropriately serviced, all private

services to the existing dwelling that encroach upon the proposed new

lot are to be relocated such than no encroachment occurs.

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


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The private services are to be relocated as necessary and certification

provided to confirm that no encroachments occur prior to the release of

the subdivision certificate.

Alternatively, certification is to be provided that all services will be

contained within appropriate easements upon registration of the

subdivision.

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