Agenda of Environment and Planning

Georges River Council – Environment and Planning Standing Committee Meeting - Monday, 12 March 2018 Page 2

Committee Reports

Item: ENV004-18 Planning Proposal PP2015/0006 - 37 - 41 Treacy Street, Hurstville - Treacy Street Car Park

Author: Senior Development Assessment Officer

Directorate: Environment and Planning

Matter Type: Committee Reports

Recommendation

(a) That Council not proceed with Planning Proposal PP2015/0006 for 37-41 Treacy Street Hurstville (Treacy Street Car Park) until the completion of key strategies and studies to enable a holistic approach to the growth and development of the Hurstville CBD.

(b) That the General Manager advises the Department of Planning and Environment of the decision not to proceed with the Planning Proposal as the site will be incorporated into a future planning proposal prepared for the Hurstville City Centre.

Executive Summary

1. A request to prepare a Planning Proposal (PP2015/0006) for 37-41 Treacy Street, Hurstville (Treacy Street Car Park) was originally submitted by the former Hurstville City Council (“the Applicant”) on 16 October 2015 and was revised on November 2016.

2. The Treacy Street Car Park is a Council owned site. The current Planning Proposal seeks to remove the “deferred matter” status of the site under the Hurstville Local Environmental Plan (HLEP) 2012 and zone as “B4 Mixed Use”, apply a maximum building height of 55 metres (16 storeys), a maximum FSR of 7:1, and minimum “non-residential” FSR of 1:1

3. At its meeting on 5 June 2017, Council considered a report on the Planning Proposal PP2015/0006 for 37 - 41 Treacy Street, Hurstville (Treacy Street Car Park) and resolved to forward the Planning Proposal to the Greater Sydney Commission for a Gateway Determination under Section 56 of the Environmental Planning and Assessment Act 1979.

4. On the 8 August 2017 a Gateway Determination was issued by the Department of Planning and Environment.

5. At its meeting of 23 October 2017 Council considered a report on the Planning Proposal and resolved, amongst other things, to undertake a Councillor workshop to consider the preparation of a site specific development control plan and the provision of public benefits within any development on the site.

6. In accordance with Council’s resolution, on 5 February 2018 a workshop was held with Councillors to discuss the provision of public benefits through a Voluntary Planning Agreement (VPA) or covenant associated with the Planning Proposal, including public car parking and affordable housing. At the workshop it was recommended to ‘defer’ public exhibition of the Planning Proposal until completion of car parking, traffic, affordable housing and urban design strategies to enable a holistic approach to the development of the Hurstville CBD.

Figure 1 – Site map

Background of the Planning Proposal (PP2015/0006)

7. The Planning Proposal relates to a 2,497m² site within the Hurstville City Centre known as 37-41 Treacy Street. The site is bounded by Treacy Street to the north and the railway corridor to the south and currently accommodates a public car park (approx. 90 spaces) (refer to Figure 1).

8. The site is currently a “deferred matter” in the HLEP 2012 and the provisions of the HLEP 1994 apply including zoning of 3(b) City Centre Business. The development standards (including maximum building height of 15m and FSR of 3:1) in the Hurstville Development Control Plan No.2 also currently apply.

9. The Planning Proposal seeks to amend the HLEP 2012 as follows:

· Remove “deferred matter” status and zone as “B4 Mixed Use”

· Maximum building height of 55 metres (16 storeys);

· Maximum FSR of 7:1;

· Minimum “non residential” FSR of 1:1; and

· Active street frontage along Treacy Street.

10. The anticipated development from the Planning Proposal is a 16 storey mixed use development comprising:

· 180 residential apartments (mix of 1, 2 and 3 bedroom);

· 780m² ground floor retail floor space;

· 1,800m² commercial (office) floor space (Level 2); and

· 375 basement parking spaces including 90 public spaces.

11. At its meeting on 5 June 2017, Council considered a report on the Planning Proposal and resolved to forward the Planning proposal to the delegate of the Greater Sydney Commission for a Gateway Determination under Section 56 of the Environmental Planning and Assessment Act 1979.

12. On the 8 August 2017 a Gateway Determination was issued by the Department of Planning and Environment subject to conditions including:

· Remove reference to a provision for affordable housing to be incorporated in any development on the site equivalent to not less than 5% of the gross floor area of the development. The reason for this is that an amendment to SEPP 70 – Affordable Housing (Revised Schemes) will be required prior to any planning proposal introducing affordable housing requirements and Council is encouraged to prepare a local housing strategy in accordance with the draft South District Plan.

· Remove reference to a provision for public car parking to be provided in any development on the site equivalent to not less than 90 car spaces. The reason for this is that the Car Parking Strategy will recommend the provisions for public and paid car parking within the Hurstville City Centre and it is considered premature to include site specific car parking for the site with the HLEP 2012.

· Require a revised Urban Design report illustrating the proposed built form taking into consideration the requirement for a minimum non-residential floor space of 1:1. The report is to be placed on public exhibition with the planning proposal and the planning proposal is to be updated to reflect the revised Urban Design report.

Public Benefits

13. On the 9 October 2017 the Environment and Planning Standing Committee considered a report which summarised the requirements of the Gateway Determination, actions to progress the Planning Proposal and for the provision of public benefits. In summary, the report advised that Council can enter into a VPA with the Minister for Planning, to provide for the 90 car parking spaces and 5% affordable housing on the site, in connection with the Planning Proposal.

14. The matter was referred to the Council meeting of the 23 October 2017. On the 23 October 2017 Council resolved in part that:

· Should the Department of Planning and Environment indicate that the Minister for Planning is willing to agree to enter into a VPA, Council forward the draft VPA to the Minister with an irrevocable offer to enter into the VPA, meaning that the requirements of the VPA will be "locked in".

· Alternatively, if the Department of Planning and Environment indicate that the Minister for Planning is not willing to enter into a VPA with respect to the Planning Proposal, Council defer the matter so that Council officers can prepare a report for consideration by Councillors on the legal ramifications and possibility of placing a covenant on the title of the land requiring public benefits and the preparation of a site specific DCP with controls that include the provision of public car parking spaces and gross floor area for affordable housing.

· The provision of public benefits, including public car parking spaces and gross floor area for affordable housing are to be determined at a workshop by Councillors.

It should be noted that a request has been made to the Minister for Planning to consider entering into a VPA with Council with respect to the Planning Proposal. To date, Council has yet to receive a response from the Minister.

Councillor Briefing

15. In accordance with Council’s resolution, on 5 February 2018 a workshop was held with Councillors to discuss the provision of public benefits through a VPA or covenant associated with the Planning Proposal, including public car parking and affordable housing. At the workshop it was recommended to ‘defer’ public exhibition of the Planning Proposal until completion of car parking, traffic, affordable housing and urban design strategies to enable a holistic approach to the development of the Hurstville CBD.

16. Councillors were presented with three options for progressing the Planning Proposal and associated public benefits. They were:

· Option 1 – Proceed as previously resolved to public exhibition of the Planning Proposal and VPA or covenant for public benefits (parking and affordable housing to be determined by Councillors at a workshop).

· Option 2 – ‘Defer’ public exhibition of the Planning Proposal and VPA or covenant until the completion of the Car Parking Strategy and Affordable Housing Strategy.

· Option 3 – Proceed to public exhibition of the Planning Proposal with no provision for public benefits (including parking and affordable housing) in a VPA or covenant. At the time of the sale of the site, Council would negotiate the provision of public benefits.

17. At the workshop it was recommended that Option 2 be adopted to ‘defer’ public exhibition of the Planning Proposal and VPA or covenant until the completion of the Car Parking Strategy and Affordable Housing Strategy to enable a holistic approach to the development of the Hurstville CBD to be undertaken.

Relevant Strategies

18. It is recommended that the following strategies be completed prior to the progression of the Planning Proposal for 37-41 Treacy St, Hurstville so that the findings of these strategies can be considered against the Planning proposal and a holistic approach to the development of the Hurstville CBD can be undertaken.

19. Car Parking Strategy

Council has engaged Parking and Traffic Consultants Pty Ltd (PTC) to prepare the Car Parking Strategy. The aim of the Strategy is to set the strategic direction for car parking within the commercial centres across the Georges River Council LGA so as to maintain and enhance economic activity within the commercial centres. The Strategy will:

· Identify existing public car parking across the LGA and opportunities for ongoing success of these car parks;

· Ensure car parking requirements meet the parking demands of various land uses across the commercial centres;

· Encourage sustainable transport modes (such as walking, cycling and public transport);

· Promote better utilisation of surrounding parking;

· Recognise the constraints in providing car parking on individual sites, particularly in centres that are well serviced by public transport; and

· Provide guidance when considering and setting on-street parking restrictions.

A draft of the Car Parking Strategy is anticipated to be completed by November 2018.

20. Affordable Housing Strategy

At its meeting on 27 November 2017 Council resolved to commence the preparation of an Affordable Rental Housing Policy and associated implementation plan for the Georges River LGA taking into consideration the actions of the Draft Greater Sydney Region Plan and the Revised Draft South District Plan requiring the preparation of Affordable Rental Housing Target Schemes. The Policy is to identify and assess the housing issues within the LGA and identify mechanisms to increase the supply of affordable housing for households on low to moderate incomes in housing stress. A draft Affordable Housing Strategy is anticipated to be completed by December 2018.

21. Hurstville City Centre Transport Management and Accessibility Plan (TMAP)

Council has engaged GHD to update the Hurstville City Centre TMAP which identifies the key road and traffic infrastructure works required to service the future development of the City Centre.

A number of changes have occurred since 2013 which require the TMAP to be updated to retain its relevance as a planning tool. These changes include the approval of several development applications and receipt of a number of planning proposals that have requested amendments to land use zones, building heights and FSRs. The review and update of the TMAP will provide a modelling tool through which traffic and transport implications of development applications, current development consent s and planning proposals will be tested.

An updated Hurstville City Centre TMAP is expected to be completed by August 2018.

22. Hurstville City Centre Urban Design Strategy

Council has engaged SJB Architects to prepare the review of the Hurstville City Centre planning controls, including development standards (height and FSR), block by block urban design controls and the development of urban design principles for the whole of the City Centre. A draft Urban Design Strategy for the Hurstville City Centre which includes the subject site at 39-41 Treacy Street, Hurstville, was exhibited at the end of 2017 and Council is currently reviewing the submissions.

Way forward with the Planning Proposal

23. Given the time frames for the completion of the relevant studies such as the car parking, affordable housing and urban design strategy, it is recommended that Council not proceed with the Planning Proposal and the rezoning of the site be included in a Planning Proposal relating to the whole centre. This approach would ensure the site is considered in the broader context of the whole centre in relation to height, built form and streetscape. If Council supports this approach the General Manager would advise the Department of Planning and Environment accordingly.

Financial Implications

24. Council has incurred the following expenses in the preparation and assessment of the Planning Proposal and associated VPA:

· Preparation of the Planning Proposals and studies - $135,869.03

· Assessment of Planning Proposal - $31,333.50

Please note that these figures relate to consultants fees and do not include staff costs.

Community Engagement

25. Community engagement will be undertaken as required for the car parking, traffic, affordable housing and urban design strategies.

File Reference

PP2015/0006

Georges River Council – Environment and Planning Standing Committee Meeting - Monday, 12 March 2018 Page 8

Item: ENV005-18 Adoption of Notification and Advertising Development Control Plans

Author: Strategic Planner and Student Planner

Directorate: Environment and Planning

Matter Type: Committee Reports

Recommendation

(a) That Council resolve, pursuant to Section 74C of the Environmental Planning and Assessment Act 1979, and in accordance with Clause 21 of the Environmental Planning and Assessment Regulation 2000, to approve the amendment to Hurstville Development Control Plan No.1 – Part 2.2, Hurstville Development Control Plan No.2 – Part 2.4 and Kogarah Development Control Plan 2013 – Part A2 relating to notification and advertising provisions as described in this report.

(b) That Council give public notice of the decision to approve the amendment to Hurstville Development Control Plan No.1, Hurstville Development Control Plan No.2 and Kogarah Development Control Plan 2013, in the local paper within 28 days in accordance with Clause 21 of the Environmental Planning and Assessment Regulation 2000.

(c) That Council endorse the General Manager to make minor modifications to any numerical, typographical, interpretation and formatting errors, if required, in the finalisation of the draft plan.

(d) That those persons who made a submission on the draft amendments to Hurstville Development Control Plan No.1, Hurstville Development Control Plan No.2 and Kogarah Development Control Plan 2013 be advised of Council’s decision.

Executive Summary

1. Council has prepared amendments to Hurstville Development Control Plan No. 1 (“HDCP No.1”), Hurstville Development Control Plan No. 2 (“HDCP No.2”), and Kogarah Development Control Plan 2013 (“KDCP”) to harmonise the notification and advertising requirements for development applications and ensure consistency with all development applications throughout the Georges River Local Government Area (“LGA”).

2. The proposed amendment replaces the existing requirements for notification and advertising of development applications (“DAs”) across all three DCPs for formatting purposes. The objective and requirements of notification provisions remain largely unchanged.

3. Council at its meeting dated 7 August 2017 resolved to publicly exhibit the draft amendments to the HDCP No.1, HDCP No.2 and KDCP. The draft amendments to all three existing DCPs were exhibited from Wednesday 20 September 2017 to Friday 20 October 2017 and eight (8) submissions were received.

4. A number of comments regarding the proposed amendments have also been received from Council staff.

5. All submissions have been reviewed. Consideration of the submissions in relation to the exhibited draft DCP amendments is provided in Attachment 1 where a response is provided to address each submission. The draft DCP has been amended in consideration of the issues raised in the submissions.

6. The Environment and Planning Committee at its meeting dated 11 December 2017 considered a report on the submissions received during the public exhibition period of the draft DCP amendments. The report outlined the proposed amendments to the draft HDCP No.1, HDCP No.2 and KDCP in response to the submissions received.

7. At this meeting, the Environment and Planning Committee moved to address the proposed amendments in a future Councillor workshop which was held on 5 February 2018.

8. This report recommends that the proposed amendments as outlined below to the notification and advertising provisions of the HDCP No.1, HDCP No.2 and KDCP be adopted.

Background

9. The requirements for notification and advertising of DAs for Georges River Council are currently located in three different DCPs. These are:

· Hurstville Development Control Plan No.1 – Part 2.2

· Hurstville Development Control Plan No.2 – Part 2.4

· Kogarah Development Control Plan 2012 – Part A2

10. The notification and advertising requirements are inconsistent throughout the LGA in terms of the types of applications that are notified and the extent of notification.

11. An amendment to the three DCPs is proposed so that the notification requirements are clear, consistent and easily understood for different development types across the whole LGA.

12. The amendment to the DCPs will involve the replacement of the above DCP chapters with the new DCP provisions for formatting purposes. The objective and requirements of the notification provisions remain largely unchanged from the existing requirements of HDCP No.1, HDCP No.2 and KDCP.

13. A key element of the draft DCP is the categorisation of DAs based on the type of development proposed to determine the extent of notification and advertising that is required.

14. Four categories have been established:

· Category A – DAs which will not be notified as they are unlikely to have an adverse impact on the locality, e.g. applications for subdivision, internal alterations, fully compliant secondary dwellings which are not located within 1.5m of the boundary or affected by flooding, etc

· Category B – Minor developments which will be notified, but are unlikely to have a major impact on the amenity of the locality, e.g. new dual occupancies, new dwelling houses in the foreshore area, new semi-detached dwellings, etc

· Category C – Other local developments which will be notified, and are likely to have a major impact on the amenity of the locality, e.g. new multi dwelling housing, new residential flat buildings, new child care centres, etc

· Category D – Major developments which will be advertised due to the significant impacts that may be generated by the development, e.g. demolition and/or alteration of a heritage item, new schools and hospitals, new and/or intensification of places of public worship, etc

15. The existing HDCP No.1, HDCP No.2 and KDCP provisions do not specify any notification requirements for developments such as internal alterations and additions, subdivision, demolition of non-heritage items, single storey secondary dwellings and residential dwellings, outbuildings and swimming pools.

16. As such, Council’s current practice does not involve the notification of these developments if the DA is fully compliant, has minimal environmental impacts and is unlikely to result in any adverse impacts for the broader community. Where necessary, notification for these developments may be carried out at the discretion of Council officers.

17. The proposed Category A is consistent with existing practices. It should be noted that a stringent preliminary assessment process of DAs upon receipt of the application is imposed to determine their potential impacts and suitability to not be notified.

Public Exhibition

18. The draft amendments to HDCP No.1, HDCP No.2 and KDCP were placed on public exhibition from Wednesday 20 September 2017 to Friday 20 October 2017. An advertisement was placed in the St George Leader newspaper on Wednesday 20 September notifying of the proposed DCP amendment.

19. The proposed notification and advertising provisions of the DCPs were available for viewing in hard copy at the Hurstville Civic Centre, Hurstville Library and Kogarah Library. The draft plan was also available electronically on Council's website.

Submissions Received

20. A total of ten (10) submissions were received during the public exhibition period – eight (8) submissions from the public and two (2) submissions from Council staff. These submissions relate to a number of items, including requests:

· To increase the area of notification, including DAs pertaining to places of public worship;

· To increase the notification period, including DAs pertaining to places of public worship;

· For all places of public worship DAs to be notified and advertised;

· For site signs to be placed on all developments and photographic evidence of the site sign to be made publicly available;

· For all DAs to be advertised in the St George Leader newspaper;

· For clarification on the assessment criteria for minor local developments that are considered to not require notification, including ancillary structures and internal alterations and additions;

· For all DAs relating to asbestos demolition to be notified;

· For all new signage DAs to be advertised;

· For dwelling house DAs that propose first floor side balconies be notified;

· For secondary dwellings to be notified when they are in close proximity to another habitable dwelling or on a flood-affected site;

· For change of use DAs pertaining to restricted premises, funeral homes and places of public worship to be notified;

· For dwelling house DAs to be notified when the proposal is located within the foreshore locality;

· To insert an additional note regarding the notification requirements for Complying Developments;

· For more stringent assessment criteria to be applied in determining the notification requirements of residential swimming pools and outbuildings; and

· To remove the requirement of site sign advertisement for dual occupancy developments.

21. All submissions have been reviewed. Consideration of the submissions in relation to the exhibited draft DCP amendments is provided in Attachment 1 where a response is provided to address each submission.

22. The key areas of issues raised in all submissions include:

· Area and period of notification;

· Assessment criteria for notification;

· Notification and advertising of places of public worship developments;

· Placement of site signs to advertise developments; and

· Advertisement of developments in the local newspaper.

Previous Environment and Planning Committee Meeting

23. The Environment and Planning Committee at its meeting dated 11 December 2017 considered a report on the submissions received during the public exhibition period of the draft DCP amendments. The report outlined the proposed amendments to the draft HDCP No.1, HDCP No.2 and KDCP in response to the submissions received.

24. At this meeting, the Environment and Planning Committee moved to address the proposed amendments in a future Councillor workshop.

Councillor Workshop

25. In accordance with the recommendation of the Environment and Planning Committee at its meeting dated 11 December 2017, a Councillor workshop addressing the notification and advertising DCP was held on 5 February 2018. The issues raised at the workshop were:

· Notification criteria for single storey secondary dwellings and outbuildings; and

· Procedure for pre / post-determination notification of minor local developments (Category A).

26. It was recommended to notify any secondary dwelling and outbuilding development greater than 4.5m in height, rather than permitting all LEP compliant single storey secondary dwellings and outbuildings to be exempt from notification irrespective of height. To address this issue, it is proposed to amend the provision that only secondary dwellings and outbuildings within the 4.5m maximum building height may be exempt from notification subject to the provisions of Category A. This amendment is proposed to be incorporated into the draft DCP as per Table B below.

27. It was also requested at the workshop that Council staff investigate the common practice of notifying minor local developments by surrounding councils.

28. A reference was made to the notification requirements of Complying Development Certificates (“CDCs”) mandated by section 130AB of the Environmental Planning and Assessment Regulation 2000 which specifies that a written notice must be prepared by the Principal Certifying Authority and provided to surrounding properties located within a 20m radius of the development site at least 14 days prior to the approval of the development. In essence, the purpose of the written notice is to advise neighbouring properties of the CDC prior to the CDC approval. The courtesy letter does not provide the opportunity for submissions to be made or considered.

29. It should be noted that a correlation should not be made between CDCs and the minor local developments nominated in Category A due to the inherently different nature of the respective assessment processes. The key focuses of Council’s DA assessment are the impact on neighbouring amenity and the compatibility with the local character, whilst CDCs are assessed using one set of standardised controls applied consistently across the whole of NSW. In addition, DAs are publicly available for viewing on Council’s website upon lodgement whilst CDCs are only publicly available for viewing after approval.

30. Furthermore, Section 4.15 (previously S79C) of the Environmental Planning and Assessment Act 1979 stipulates that all submissions must be considered in the DA assessment process. Under this clause, any notification letter forwarded to adjoining residences must provide a statement specifying that any person may make a submission.

31. Category A is comprised of minor local developments which are fully compliant and presents minimal environmental impacts. By providing the opportunity for submissions to be made on these types of developments, a greater level of complexity is imposed on the DA assessment process as all submissions must be considered and addressed by Council’s assessing officer. The outcome of this process could translate to unnecessary delays which will be experienced by the applicant.

32. This is considered to be an onerous process for fully compliant minor local DAs, especially in light of the “Who can inspect plans and make a submission” section of the DCP which specifies that Council will not take into account matters that are extraneous to those prescribed by DCP controls; meaning that objections cannot influence the assessment outcome of a fully compliant proposal in Category A.

33. In this regard, pre-determination notification for Category A development is not recommended to be adopted as it is considered to be contrary to the principles of the Development Assessment Best Practice Guide released by the NSW government in March 2017. The guide proposes that ‘fast-tracked’ minor local developments should be determined within 6 to 15 days after lodgement. The consideration of submissions within the DA assessment process for Category A developments is likely to cause significant delays in meeting this target and reduce community confidence in Council’s efficiency.

Common / Standard Practice

34. An investigation of the notification and advertising DCP provisions of Bayside Council (former Botany and Rockdale DCPs), Canterbury-Bankstown Council (former Bankstown and Canterbury DCPs) and Sutherland Shire Council compared to the Georges River DCP amendment has been conducted.

35. In summary, minor local developments such as demolition, subdivision, internal alterations and additions and fully compliant DAs with minimal environmental impacts are generally not required to be notified by the surrounding councils and that notification for these developments may be carried out at the discretion of council officers where necessary. This is consistent with Council’s current practice. Refer to Table A below for a detailed comparison.

36. Column 2 of Table A below outlines the notification requirements for DAs upon receipt by Council, prior to assessment by Council officers. Column 3 of Table A specifies whether adjoining properties are notified after a DA is determined (approval and/or refusal).

Table A – Comparison of Surrounding Councils’ DA Notification Requirements

Council	Pre-Determination Notification Requirement	Post-Determination Notification Requirement
Bayside Council Botany DCP 2013	Notification of minor developments is carried out at the discretion of Council officers. The following DA types are not notified: · Subdivision · Changes of use for light industrial or commercial · Minor commercial / industrial alterations and additions · Signage	None specified.
Bayside Council Rockdale DCP 2012	The following DA types are not notified: · Demolition · Subdivision · Changes of use to similar uses · Minor commercial / industrial alterations and additions · Child care centres in commercial zones	To submitters only. If there are no submitters, then no post-determination notification will be issued. *Note:* This is consistent with Georges River Council’s current practice under the Hurstville and Kogarah DCPs.
Canterbury-Bankstown Council Bankstown DCP 2015	The following DA types are not notified: · Demolition · Strata subdivision · Developments which will generate a minor environmental impact	None specified.
Canterbury-Bankstown Council Canterbury DCP 2012	Notification of minor developments is carried out at the discretion of Council officers.	None specified.
Sutherland Shire Council Sutherland Shire DCP 2015	The following DA types are not notified: · Compliant dwelling houses · Ancillary structures · Demolition · Strata subdivision · Drainage works · Tree removal · Signage · Internal alterations and additions · Neighbourhood shops · Public administration buildings · Light industries · Environmental facilities	Upon determination of an application that was not required to be notified, a letter will be forwarded to adjoining property owners advising that a development application has been received and determined. However, this does not apply to tree removal.

Council

Pre-Determination Notification Requirement

Post-Determination Notification Requirement

Bayside Council

Botany DCP 2013

Notification of minor developments is carried out at the discretion of Council officers.

The following DA types are not notified:

· Subdivision

· Changes of use for light industrial or commercial

· Minor commercial / industrial alterations and additions

· Signage

None specified.

Bayside Council

Rockdale DCP 2012

The following DA types are not notified:

· Demolition

· Subdivision

· Changes of use to similar uses

· Minor commercial / industrial alterations and additions

· Child care centres in commercial zones

To submitters only. If there are no submitters, then no post-determination notification will be issued.

Note: This is consistent with Georges River Council’s current practice under the Hurstville and Kogarah DCPs.

Canterbury-Bankstown Council

Bankstown DCP 2015

The following DA types are not notified:

· Demolition

· Strata subdivision

· Developments which will generate a minor environmental impact

None specified.

Canterbury-Bankstown Council

Canterbury DCP 2012

Notification of minor developments is carried out at the discretion of Council officers.

None specified.

Sutherland Shire Council

Sutherland Shire DCP 2015

The following DA types are not notified:

· Compliant dwelling houses

· Ancillary structures

· Demolition

· Strata subdivision

· Drainage works

· Tree removal

· Signage

· Internal alterations and additions

· Neighbourhood shops

· Public administration buildings

· Light industries

· Environmental facilities

Upon determination of an application that was not required to be notified, a letter will be forwarded to adjoining property owners advising that a development application has been received and determined.

However, this does not apply to tree removal.

37. Currently, Bayside and Canterbury-Bankstown Councils do not have any processes in place that require post-determination notification for DAs that are not notified in the pre-determination process. This is consistent with Georges River Council’s current practice under the Hurstville and Kogarah DCPs.

38. It should be noted that the notification provisions specified in the Sutherland Shire DCP are not considered common practice. Whilst a post-determination is sent to neighbouring properties for DAs That are not notified in the pre-determination process, the DCP does not require any development to be advertised in the local newspaper, unlike the current practice of Georges River Council and other adjoining councils in advertising major developments such as places of public worship and seniors housing.

39. Council’s existing notification practice is maintained by the draft notification and advertising DCP. However, it is considered that a notification letter may be sent out for Category A developments after their determination to inform surrounding neighbours of the DA’s approval, particularly new developments that will create additional building bulk such as secondary dwellings and two storey dwelling houses. This is an improvement to Council’s existing practices as the community will be informed of the minor local developments That are not currently notified. This amendment is proposed to be incorporated into the draft DCP as per Table B below.

40. The implementation of post-determination notification for Category A developments is not considered to generate significant additional operational costs on Council. In the six month period between 1 July 2017 and 31 December 2017, a total of 461 DAs were received by Council. A total of 78 minor local DAs (Category A) were approved and notified, which is 17% of the DAs received. These DAs include residential alterations and additions, secondary dwellings, commercial fitouts, torrens title subdivisions of existing dual occupancies and drainage works within existing easements.

41. All DAs will remain available for public viewing on the DA Tracker on Council’s website for the whole duration of the DA assessment period from lodgement until determination. Application details remain publicly accessible via the DA Tracker after determination, which includes the description of development and the determination decision (i.e. approved, refused or withdrawn).

42. Through a comparison of the common practice utilised by surrounding councils, it is considered that the proposed provisions in the draft notification and advertising DCP are comparable to common practice in the South District.

Proposed Amendments

43. In response to the submissions received and the outcome of the Councillor workshop dated 5 February 2018, the publicly exhibited draft HDCP No.1, HDCP No.2 and KDCP have been amended.

44. A comparison of the exhibited DCP provisions and proposed amendments are provided below in Table B. Proposed amendments are shown in italics.

Table B – Comparison of Exhibited DCP and Proposed Amendments

DCP Section	Exhibited	Proposed Amendment
Category A – Applications Which Will Not Be Notified	a) The following types of development will not be notified: · The proposal development is classified as exempt or complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008; · Applications for strata, stratum or company title subdivision; and · Applications for works in drainage easements (i.e. pipe laying) b) In addition to those land uses listed in (a) above, the following types of development (Development Types / Land Uses) are excluded from notification subject to meeting the Criteria listed in Table 1 below.	a) The following types of development will not be notified: · The proposal development is classified as exempt or complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008; · Applications for strata, stratum or company title subdivision; and · Applications for works in drainage easements (i.e. pipe laying) b) In addition to those land uses listed in (a) above, the following types of development (Development Types / Land Uses) are excluded from notification subject to meeting the Criteria listed in Table 1 below. c) A letter would be forwarded to adjoining property owners advising That a Category A Development Application has been received and determined for development types such as single storey secondary dwellings and new dwelling houses. d) Letters would not be forwarded to adjoining property owners for development types such as minor structures and internal alterations to any building. *Note:* All potential impacts of the development will be assessed by Council officers in relation to the relevant DCP and LEP. Developments which are fully compliant or only feature a negligible non-compliance are unlikely to generate an adverse impact.
Category A – Applications Which Will Not Be Notified Table 1 Development Type: Demolition of buildings	Criteria: Subject to the building not being a State listed heritage item; or a heritage item in Schedule 5 of Hurstville LEP 2012; or a building in a heritage conservation area.	Criteria: Subject to the building not being: § a State listed heritage item; or § a heritage item in Schedule 5 of the relevant Local Environmental Plan; or § a building in a heritage conservation area.
Category A – Applications Which Will Not Be Notified Table 1 Development Type: Applications for new signage	Criteria: Subject to the signage not being illuminated and located in a residential zone.	Criteria: Subject to the signage not being: § illuminated; and § located in a residential zone.
Category A – Applications Which Will Not Be Notified Table 1 Development Type: Change of use	Criteria: Subject to the change of use: i) not being in a residential zone; and ii) not relying on the provisions of Division 10 – Existing Uses of the Environmental Planning & Assessment Act; and iii) not being for any of the following land uses: § Pub § Sex services premises § Registered club § Child care centre and iv) The proposed operating hours of the business are between 6:00am – 10:00pm.	Criteria: Subject to the change of use: i) not being in a residential zone; and ii) not relying on the provisions of Division 10 – Existing Uses of the Environmental Planning & Assessment Act; and iii) not being for any of the following land uses: § Pub § Sex services premises § Registered club § Centre-based child care facility § Restricted premises § Funeral home § Place of public worship and iv) the proposed operating hours of the business are between 6:00am – 10:00pm.
Category A – Applications Which Will Not Be Notified Table 1 Development Type: New secondary dwellings	Criteria: Subject to complying with the setback and height controls in the relevant DCP or LEP.	Criteria: Subject to: § Full compliance with the relevant DCP or LEP; and § Not exceeding a maximum height of building of 4.5m. *Note:* Council may consider notification of new secondary dwelling developments where the proposal is deemed to adversely impact the amenity of adjoining properties.
Category A – Applications Which Will Not Be Notified Table 1 Development Type: New dwelling houses (single storey and two storey) and alterations and additions to dwellings	Criteria: Subject to: § The subject property not being situated within the Foreshore Scenic Protection Area (FSPA); and § Full compliance with the maximum height and FSR in the relevant LEP; and § There being no first floor rear balconies proposed as part of the Development Application.	Criteria: Subject to: § The subject property not being situated within: o the Foreshore Scenic Protection Area (FSPA); or o the foreshore locality identified in Part C4 – Foreshore Locality Controls* of the Kogarah DCP 2013* and § Full compliance with the maximum height and FSR in the relevant LEP; and § There being no first floor side and/or rear balconies proposed as part of the Development Application.
Category A – Applications Which Will Not Be Notified Table 1 Development Type: Outbuildings, swimming pools, landscape works and ancillary structures (e.g., awnings, cabanas, sheds, detached garages, carports, retaining walls, decks)	Criteria: Subject to the use being in a residential zone and associated with a residential use.	Criteria: Subject to: § The use being in a residential zone and associated with a residential use; and § Full compliance with the relevant DCP; and § Not exceeding a maximum height of building of 4.5m; and § Pool coping levels of no greater than 500mm measured at any point from natural ground level.
Category B – Notification Requirements for Minor Local Development (a) For development applications involving development defined as minor local development and listed below, the following notification will be undertaken:	§ New dwellings in the Foreshore Scenic Protection Area (FSPA); § New dual occupancies (attached or detached); § New secondary dwellings (granny flats) greater than single storey; § New semi-detached dwellings, or new small lot housing; § New Torrens Title subdivisions (excluding subdivision of approved dual occupancy developments); and § Any other development That Council considers should be notified.	i) New dwellings in the Foreshore Scenic Protection Area (FSPA) or the foreshore locality identified in Part C4 – Foreshore Locality Controls* of the Kogarah DCP 2013; ii)* New dual occupancies (attached or detached); iii) New secondary dwellings (granny flats) and outbuildings greater than 4.5m in height; iv) New semi-detached dwellings, or new small lot housing; v) New Torrens Title subdivisions (excluding subdivision of approved dual occupancy developments); and vi) Any other development That Council considers should be notified.
Category D – Development Applications Requiring Advertising (a) The following development applications will be advertised:	i) Demolition and/or alteration of a building or land That is or contains a heritage item or is a building in a Heritage Conservation Area listed in Schedule 5 of the Hurstville LEP 2012; ii) New hospitals or major works to existing hospitals; iii) New educational establishments or major works to existing educational establishments; iv) New places of public worship; v) New applications for Seniors Housing and Group Homes; vi) New Pubs and Registered Clubs or major intensification of existing pubs and clubs; and vii) Any development required to be advertised under the Environmental Planning & Assessment Act, Regulations or any other Environmental Planning instrument.	i) Demolition and/or alteration of a building or land That is or contains a heritage item or is a building in a Heritage Conservation Area listed in Schedule 5 of the relevant Local Environmental Plan; ii) New hospitals or major works to existing hospitals; iii) New educational establishments or major works to existing educational establishments; iv) New places of public worship or intensification of existing places of public worship; v) New applications for Seniors Housing and Group Homes; vi) New Pubs and Registered Clubs or major intensification of existing pubs and clubs; and vii) Any development required to be advertised under the Environmental Planning & Assessment Act, Regulations or any other Environmental Planning instrument.
Site Notice and Site Sign	a) A site notice / site sign will only be placed on sites for development in Category C and D, and new dual occupancies (outlined in Category B).	a) A site notice / site sign will only be placed on sites for new dual occupancy and new semi-detached dwelling developments in Category B, and all developments in Category C and D.
Site Notice and Site Sign	c) The notice must: § Contain lettering which is clear, legible and able to be read from a public road, public place or public reserve. § A statement That the application has been lodged; § The name of the applicant; § A brief description of the development application. § A statement specifying That any person may make a submission in writing to Council in relation to the development application. § A statement outlining That any submissions are available for viewing by the applicant or any other person with a relevant interest in the application. § Directions to Council’s webpage and specifically to online tracking.	c) The notice must: i) Contain lettering which is clear, legible and able to be read from a public road, public place or public reserve. ii) A statement That the application has been lodged; iii) The name of the applicant; iv) A brief description of the development application; v) The dates the development application is on notification; vi) A statement specifying That any person may make a submission in writing to Council in relation to the development application; vii) A statement outlining That any submissions are available for viewing by the applicant or any other person with a relevant interest in the application; and viii) Directions to Council’s webpage and specifically to online tracking.
Notification Period for Development Applications	a) A period of 14 calendar days, excluding public holidays, will be allowed for persons to inspect an application and make a submission. The inspection period may be extended by Council if warranted by the circumstances of the case. b) In the case of nominated integrated development or threatened species development, any period specified by the Regulations. c) To account for the holiday period associated with Christmas and New Year, from 15 December to 15 January the following year, the period to inspect an application and make a submission will be extended to 21 calendar days, excluding public holidays. d) To account for the holiday period associated with Easter, the period to inspect an application and make a submission will be extended to 21 calendar days, excluding public holidays. The holiday period for Easter is defined as the week before and the week after the Easter Long Weekend. e) Council will not determine a development application before the notification period has expired. f) Development applications That have been notified are available to view on Council’s website: www.georgesriver.nsw.gov.au g) Development applications may also be inspected electronically at Council from Monday to Friday during business hours and submissions can be made by any one during the notification period.	a) A period of 14 calendar days, excluding public holidays, will be allowed for persons to inspect an application and make a submission. The inspection period may be extended by Council if warranted by the circumstances of the case. b) In the case of nominated integrated development or threatened species development, any period specified by the Regulations. c) To account for the holiday period associated with Christmas and New Year, from 15 December to 15 January the following year, the period to inspect an application and make a submission will be extended to 21 calendar days, excluding public holidays. d) To account for the holiday period associated with Easter, the period to inspect an application and make a submission will be extended to 21 calendar days, excluding public holidays. The holiday period for Easter is defined as the week before and the week after the Easter Long Weekend. e) An additional period of 7 calendar days, excluding public holidays, will be granted for persons to inspect an application pertaining to places of public worship (outlined in Category D) and make a submission. This extension is applied in addition to the timeframes outlined in (a), (c) and (d) above. f) Council will not determine a development application before the notification period has expired. g) Development applications That have been notified are available to view on Council’s website: www.georgesriver.nsw.gov.au h) Development applications may also be inspected electronically at Council from Monday to Friday during business hours and submissions can be made by any one during the notification period.

DCP Section

Exhibited

Proposed Amendment

Category A – Applications Which Will Not Be Notified

a) The following types of development will not be notified:

· The proposal development is classified as exempt or complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008;

· Applications for strata, stratum or company title subdivision; and

· Applications for works in drainage easements (i.e. pipe laying)

b) In addition to those land uses listed in (a) above, the following types of development (Development Types / Land Uses) are excluded from notification subject to meeting the Criteria listed in Table 1 below.

a) The following types of development will not be notified:

· The proposal development is classified as exempt or complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008;

· Applications for strata, stratum or company title subdivision; and

· Applications for works in drainage easements (i.e. pipe laying)

c) A letter would be forwarded to adjoining property owners advising That a Category A Development Application has been received and determined for development types such as single storey secondary dwellings and new dwelling houses.

d) Letters would not be forwarded to adjoining property owners for development types such as minor structures and internal alterations to any building.

Note: All potential impacts of the development will be assessed by Council officers in relation to the relevant DCP and LEP. Developments which are fully compliant or only feature a negligible non-compliance are unlikely to generate an adverse impact.

Category A – Applications Which Will Not Be Notified

Table 1

Development Type:

Demolition of buildings

Criteria:

Subject to the building not being a State listed heritage item; or a heritage item in Schedule 5 of Hurstville LEP 2012; or a building in a heritage conservation area.

Criteria:

Subject to the building not being:

§ a State listed heritage item; or

§ a heritage item in Schedule 5 of the relevant Local Environmental Plan; or

§ a building in a heritage conservation area.

Category A – Applications Which Will Not Be Notified

Table 1

Development Type:

Applications for new signage

Criteria:

Subject to the signage not being illuminated and located in a residential zone.

Criteria:

Subject to the signage not being:

§ illuminated; and

§ located in a residential zone.

Category A – Applications Which Will Not Be Notified

Table 1

Development Type:

Change of use

Criteria:

Subject to the change of use:

i) not being in a residential zone; and

ii) not relying on the provisions of Division 10 – Existing Uses of the Environmental Planning & Assessment Act; and

iii) not being for any of the following land uses:

§ Pub

§ Sex services premises

§ Registered club

§ Child care centre

and

iv) The proposed operating hours of the business are between 6:00am – 10:00pm.

Criteria:

Subject to the change of use:

i) not being in a residential zone; and

ii) not relying on the provisions of Division 10 – Existing Uses of the Environmental Planning & Assessment Act; and

iii) not being for any of the following land uses:

§ Pub

§ Sex services premises

§ Registered club

§ Centre-based child care facility

§ Restricted premises

§ Funeral home

§ Place of public worship

and

iv) the proposed operating hours of the business are between 6:00am – 10:00pm.

Category A – Applications Which Will Not Be Notified

Table 1

Development Type:

New secondary dwellings

Criteria:

Subject to complying with the setback and height controls in the relevant DCP or LEP.

Criteria:

Subject to:

§ Full compliance with the relevant DCP or LEP; and

§ Not exceeding a maximum height of building of 4.5m.

Note: Council may consider notification of new secondary dwelling developments where the proposal is deemed to adversely impact the amenity of adjoining properties.

Category A – Applications Which Will Not Be Notified

Table 1

Development Type:

New dwelling houses (single storey and two storey) and alterations and additions to dwellings

Criteria:

Subject to:

§ The subject property not being situated within the Foreshore Scenic Protection Area (FSPA); and

§ Full compliance with the maximum height and FSR in the relevant LEP; and

§ There being no first floor rear balconies proposed as part of the Development Application.

Criteria:

Subject to:

§ The subject property not being situated within:

o the Foreshore Scenic Protection Area (FSPA); or

o the foreshore locality identified in Part C4 – Foreshore Locality Controls of the Kogarah DCP 2013

and

§ Full compliance with the maximum height and FSR in the relevant LEP; and

§ There being no first floor side and/or rear balconies proposed as part of the Development Application.

Category A – Applications Which Will Not Be Notified

Table 1

Development Type:

Outbuildings, swimming pools, landscape works and ancillary structures (e.g., awnings, cabanas, sheds, detached garages, carports, retaining walls, decks)

Criteria:

Subject to the use being in a residential zone and associated with a residential use.

Criteria:

Subject to:

§ The use being in a residential zone and associated with a residential use; and

§ Full compliance with the relevant DCP; and

§ Not exceeding a maximum height of building of 4.5m; and

§ Pool coping levels of no greater than 500mm measured at any point from natural ground level.

Category B – Notification Requirements for Minor Local Development

(a) For development applications involving development defined as minor local development and listed below, the following notification will be undertaken:

§ New dwellings in the Foreshore Scenic Protection Area (FSPA);

§ New dual occupancies (attached or detached);

§ New secondary dwellings (granny flats) greater than single storey;

§ New semi-detached dwellings, or new small lot housing;

§ New Torrens Title subdivisions (excluding subdivision of approved dual occupancy developments); and

§ Any other development That Council considers should be notified.

i) New dwellings in the Foreshore Scenic Protection Area (FSPA) or the foreshore locality identified in Part C4 – Foreshore Locality Controls of the Kogarah DCP 2013;

ii) New dual occupancies (attached or detached);

iii) New secondary dwellings (granny flats) and outbuildings greater than 4.5m in height;

iv) New semi-detached dwellings, or new small lot housing;

v) New Torrens Title subdivisions (excluding subdivision of approved dual occupancy developments); and

vi) Any other development That Council considers should be notified.

Category D – Development Applications Requiring Advertising

(a) The following development applications will be advertised:

i) Demolition and/or alteration of a building or land That is or contains a heritage item or is a building in a Heritage Conservation Area listed in Schedule 5 of the Hurstville LEP 2012;

ii) New hospitals or major works to existing hospitals;

iii) New educational establishments or major works to existing educational establishments;

iv) New places of public worship;

v) New applications for Seniors Housing and Group Homes;

vi) New Pubs and Registered Clubs or major intensification of existing pubs and clubs; and

vii) Any development required to be advertised under the Environmental Planning & Assessment Act, Regulations or any other Environmental Planning instrument.

i) Demolition and/or alteration of a building or land That is or contains a heritage item or is a building in a Heritage Conservation Area listed in Schedule 5 of the relevant Local Environmental Plan;

ii) New hospitals or major works to existing hospitals;

iii) New educational establishments or major works to existing educational establishments;

iv) New places of public worship or intensification of existing places of public worship;

v) New applications for Seniors Housing and Group Homes;

vi) New Pubs and Registered Clubs or major intensification of existing pubs and clubs; and

vii) Any development required to be advertised under the Environmental Planning & Assessment Act, Regulations or any other Environmental Planning instrument.

Site Notice and Site Sign

a) A site notice / site sign will only be placed on sites for development in Category C and D, and new dual occupancies (outlined in Category B).

a) A site notice / site sign will only be placed on sites for new dual occupancy and new semi-detached dwelling developments in Category B, and all developments in Category C and D.

Site Notice and Site Sign

c) The notice must:

§ Contain lettering which is clear, legible and able to be read from a public road, public place or public reserve.

§ A statement That the application has been lodged;

§ The name of the applicant;

§ A brief description of the development application.

§ A statement specifying That any person may make a submission in writing to Council in relation to the development application.

§ A statement outlining That any submissions are available for viewing by the applicant or any other person with a relevant interest in the application.

§ Directions to Council’s webpage and specifically to online tracking.

c) The notice must:

i) Contain lettering which is clear, legible and able to be read from a public road, public place or public reserve.

ii) A statement That the application has been lodged;

iii) The name of the applicant;

iv) A brief description of the development application;

v) The dates the development application is on notification;

vi) A statement specifying That any person may make a submission in writing to Council in relation to the development application;

vii) A statement outlining That any submissions are available for viewing by the applicant or any other person with a relevant interest in the application; and

viii) Directions to Council’s webpage and specifically to online tracking.

Notification Period for Development Applications

a) A period of 14 calendar days, excluding public holidays, will be allowed for persons to inspect an application and make a submission. The inspection period may be extended by Council if warranted by the circumstances of the case.

b) In the case of nominated integrated development or threatened species development, any period specified by the Regulations.

c) To account for the holiday period associated with Christmas and New Year, from 15 December to 15 January the following year, the period to inspect an application and make a submission will be extended to 21 calendar days, excluding public holidays.

d) To account for the holiday period associated with Easter, the period to inspect an application and make a submission will be extended to 21 calendar days, excluding public holidays. The holiday period for Easter is defined as the week before and the week after the Easter Long Weekend.

e) Council will not determine a development application before the notification period has expired.

f) Development applications That have been notified are available to view on Council’s website: www.georgesriver.nsw.gov.au

g) Development applications may also be inspected electronically at Council from Monday to Friday during business hours and submissions can be made by any one during the notification period.

b) In the case of nominated integrated development or threatened species development, any period specified by the Regulations.

e) An additional period of 7 calendar days, excluding public holidays, will be granted for persons to inspect an application pertaining to places of public worship (outlined in Category D) and make a submission. This extension is applied in addition to the timeframes outlined in (a), (c) and (d) above.

f) Council will not determine a development application before the notification period has expired.

g) Development applications That have been notified are available to view on Council’s website: www.georgesriver.nsw.gov.au

h) Development applications may also be inspected electronically at Council from Monday to Friday during business hours and submissions can be made by any one during the notification period.

Next Steps

45. A copy of the draft HDCP No.1 – Part 2 (Amendment No. 6), HDCP No.2 – Part 2 (Amendment No. 7) and KDCP – Part A2 (Amendment No. 3) recommended for adoption by Council is provided in Attachments 2-4.

46. Subject to Council’s approval, a notice will be placed in the St George Leader for HDCP No.1 (Amendment No. 6), HDCP No.2 (Amendment No. 7) and KDCP (Amendment No. 3) to come into effect.

Financial Implications

47. Within budget allocation.

Community Engagement

48. The draft DCP amendment was publicly exhibited in accordance with the Environmental Planning and Assessment Act 1979 for public comment and community engagement.

File Reference

17/1955 - D18/33695

ATTACHMENTS

Attachment ⇩1	Summary of Submissions and Council Response
Attachment ⇩2	Hurstville DCP No. 1 - Section 2 Application Process - Amendment No 6
Attachment ⇩3	Hurstville DCP No. 2 - Section 2 Application Process - Amendment No 7
Attachment ⇩4	Kogarah DCP Part A2 Notification - Amendment No 3

Georges River Council - Environment and Planning Standing Committee Meeting - Monday, 12 March 2018

ENV005-18 Adoption of Notification and Advertising Development Control Plans

[Appendix 1] Summary of Submissions and Council Response

Page 22

Attachment 1 – Summary of Submissions

DCP Amendment – Notification & Advertising Provisions

Submission #	Submission Summary	Council Response
Resident Submission #1 TRIM: D17/185155	· Notification should be required for all demolition where asbestos is present or suspected of being present. · Need clarity on ambiguous terms such as “adverse impact” and “minimal impact” – who and how will this be determined for Category A developments? · New dwelling houses and alterations and additions to dwellings should be notified when the proposal includes first floor rear or side balconies. · Site sign should be placed for all developments that require notification (Category B, C and D). · Strongly agree with extension of notification period to 21 days for Christmas and Easter.	Demolition – asbestos-related The presence of asbestos on site is not always known at the notification stage of a Development Application (“DA”), as such it is difficult to ensure consistency in the notification of demolition works. Nonetheless, the Georges River Council Asbestos Management Policy is currently enforced to protect the health and safety of workers involved in asbestos removal as well as the residents in adjoining properties. The Policy is available on Council’s website, and specifies that applications involving demolition and asbestos removal work will have conditions imposed by Council if Development Consent is issued. This is currently implemented as a standard condition which is inserted in all DA Conditions of Consents. No changes are proposed as this is extraneous to DCP provisions. Council Officer’s Recommendation: No change to DCP Category A clarification Upon receipt of a DA that falls under Category A, Council planning officers will immediately conduct a preliminary assessment of the proposed development with respect to statutory compliance (e.g. built form and amenity impacts). A precautionary approach is adopted in this preliminary assessment process and all potential impacts will be considered. Terms such as “adverse impact” and “minimal impact” should be interpreted in relation to the proposal’s compliance with the relevant DCP. Developments which are fully DCP compliant or only feature a negligible non-compliance are unlikely to generate an “adverse impact” and therefore are not considered to require notification. If a Category A development is deemed to impose an adverse impact on adjoining properties and their existing levels of amenity, for example significant overshadowing impacts, then notification may be carried out as per requirements outlined in Category B. Council Officer’s Recommendation: Insert a notation defining “adverse impact” as italicised below: Category A – Applications which will not be notified Note: All potential impacts of the development will be assessed by Council officers in relation to the relevant DCP and LEP. Developments which are fully compliant or only feature a negligible non-compliance are unlikely to generate an adverse impact. Dwelling houses – first floor balconies The Table 1 Criteria for Category A specifies that first floor rear balconies to dwelling houses must be notified. This is due to the visual privacy impacts that first floor rear balconies may have on the rear private open space of adjoining properties. It is recognised that first floor side balconies are equally as likely to impact the visual privacy of adjacent properties, especially since side setbacks are typically narrower than rear setbacks. Council Officer’s Recommendation: Amend Category A – Table 1 Criteria for “New dwelling houses (single storey and two storey) and alterations and additions to dwellings” to include first floor side balconies, as italicised below: New dwelling houses (single storey and two storey) and alterations and additions to dwellings Subject to: … - There being no first floor side and/or rear balconies proposed as part of the Development Application. Site signs Site signs are intended to advertise DAs to the wider community where the scope of proposed impact is too large for Council to feasibly notify all affected landowners and residents individually. Most Category B developments will only result in a minor amenity impact on immediately adjoining neighbours, whom will individually receive a written notice informing of the proposed development. However, it is recognised that new dual occupancy and semi-detached dwelling developments will alter the existing characteristics of the streetscape due to the creation of two dwellings side-by-side to replace a single dwelling, thereby disrupting the existing pattern of subdivision at street frontage which affects the existing rhythm of the street. Council Officer’s Recommendation: Amend provisions for “Site Notice and Site Sign” to include new semi-detached dwellings, as italicised below: Site Notice and Site Sign a) A site notice / site sign will only be placed on sites for new dual occupancy and new semi-detached dwelling developments in Category B, and all developments in Category C and D. Noted.
Resident Submission #2 TRIM: D17/185942	· Site sign should be placed on all properties with DAs. · Photographic evidence of the DA sign should be uploaded to Council's DA tracker. · Address being shown incorrectly on Council’s DA tracker for Kogarah DAs with the address of the former Kogarah Council building. · There is often a delay in placing the documents on the DA tracker. The two week notification period should commence when the documents become available on Council's DA tracker. · All DAs should be published in the St George Leader newspaper.	Site signs Refer to comments relating to “Site signs” in response to Submission #1 above. Council Officer’s Recommendation: Amend provisions for “Site Notice and Site Sign” to include new semi-detached dwellings. Photographic evidence of site signs Council currently has an internal procedure requiring photographic evidence of all DA site signs erected on site. These photographs are filed in Council’s internal database and are made available to the general public upon request. The availability of these photographs on Council’s website is subject to future consideration as it is extraneous to DCP provisions. Council Officer’s Recommendation: No change to DCP Incorrect addresses Noted – This is a technical issue which currently causes all DAs lodged in the former Kogarah Council LGA to appear on the website with 2 Belgrave Street, Kogarah as the site address. It is to be noted that all DAs are immediately uploaded to Council’s website (DA tracker) upon lodgement. Council staff have been made aware of the issue and typically rectifies the DA site address within 2 to 5 working days of the DA being uploaded online. DA notification Internal procedures are in place to ensure all relevant DA documents are available on Council’s website from the first day of the notification period. These DA documents remain on the website for public viewing until the DA is determined. No changes are proposed as this is extraneous to DCP provisions. Council Officer’s Recommendation: No change to DCP List of DAs in newspaper As noted above, a list of all DAs under assessment that require notification are available for public viewing on Council’s website DA tracker. Immediately adjoining properties will receive individual letters notifying of the DA and a link to the DA tracker. The weekly publication of all current DAs in the Leader newspaper is an exhaustive process which cannot deliver accurate up-to-date information in comparison to the website due to lead times required for newspaper publishing. No changes are proposed as this is extraneous to DCP provisions. Council Officer’s Recommendation: No change to DCP
Resident Submission #3 TRIM: D17/186239	· Increase the notification period for new places of public worship, particularly for applications lodged prior to Christmas and Easter. · Places of public worship applications (Category D) for intensification of scale or major works to existing premise or increased hours of operation should require notification and advertising. · The notification period should be increased from 14 days to 1 month; and 2 months over Christmas and Easter periods to allow residents the ability to engage experts outside of holiday periods when formulating a submission. · Council should also take into consideration postal delays and increase the 14 day notification period accordingly. · Increase the notification catchment to a 300-500m radius around the development.	Notification period for places of public worship Due to recent trends where a large number of requests have been received by Council seeking extensions of time in preparing submissions for places of public worship DAs, it is recommended that the notification period pertaining to places of public worship developments be increased by an additional 7 calendar days (i.e. total 21 calendar days in normal circumstances, and 28 calendar days for holiday periods). Council Officer’s Recommendation: Amend “Notification Period for Development Applications” by inserting a new Clause, as italicised below: Notification Period for Development Applications (e) An additional period of 7 calendar days, excluding public holidays, will be allowed for persons to inspect an application pertaining to a place of public worship (outlined in Category D) and make a submission. This extension is applied in addition to the timeframes outlined in (a), (c) and (d) above. Advertisement of places of public worship Council acknowledges the sensitive nature of places of public worship developments and the active community input regarding these land uses. It is recognised that any intensification of an existing place of public worship (including increase in hours of operations, and alterations and additions) is likely to impact the neighbourhood amenity. Council Officer’s Recommendation: Amend Clause (a)(iv) of Category D as italicised below: Category D (a): (iv) New places of public worship or intensification of existing places of public worship Increase notification period Clause (c) of “Notification Period for Development Applications” states that any days falling within the 15^th of December and 15^th of January are excluded from the calculation of the notification period and the notification period is extended to 21 days. Therefore up to 7.5 weeks is granted for submissions to be made over the Christmas and New Year holiday period. Similarly, Clause (d) specifies a notification period of up to 5.5 weeks during the Easter holiday period. These extensions during the Christmas and Easter holiday periods are considered to be suitable for residents to engage expert opinion. In addition, the 14 days notification period may be increased by Council officers based on the type of development, for example, Clause (e) of Category C specifies that Council may consider an extension in the time available for comment if appropriate on a case-by-case basis. Furthermore, an additional 7 days are granted specifically for places of public worship DAs, refer to comments relating to “Notification period for places of public worship” above. Council Officer’s Recommendation: No change to DCP Postal delay Council currently has an internal procedure which requires written notices to be sent out at least 2 working days prior to the start of the notification period. This measure has been set to account for any postal delivery delays. Council Officer’s Recommendation: No change to DCP Increase notification area The area of notification is determined based on the impact of a proposed development. It is unfeasible to increase the notification catchment for all developments that require notification using the same numerical radius. Most minor local developments in Category B will only result in a minor amenity impact on immediately adjoining neighbours. The area of notification is expanded for Category C and D due to the greater level of impact that may be experienced by adjoining neighbours. To ensure the community is appropriately notified, site signs are placed with the intention of advertising DAs to the wider community where the scope of proposed impact is too large for Council to feasibly notify all affected landowners and residents individually. In exceptional circumstances, Council may consider a wider notification if the proposed development is likely to result in an adverse impact for a greater catchment as per Clause (c) of Category B and Clause (b) of Category C. Council Officer’s Recommendation: No change to DCP
Resident Submission #4 TRIM: D17/186314	· The reference to “pub” should be Hotel or Public House. · Developments under the Planning Assessment Act should require 3 types of notification: - Written notification to 3 adjoining neighbours on each side, 3 across the street and 3 behind the proposed development. - Public notice in a local newspaper giving 14 days notice. - Site signs for all developments with photographic evidence provided. · Wider public consultation should be required for major developments, such as notifying users of the Penshurst Park Sporting Hub.	Land use terminology “Pub” is a Standard Instrument Local Environmental Plan land use term. A “pub” is defined as a “licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.” Council Officer’s Recommendation: No change to DCP Notification and advertising requirements The notification requirements in the Environmental Planning & Assessment Act 1979 (“EP&A Act”) are applicable to “designated developments” and “advertised developments”, and are defined under the Environmental Planning & Assessment Regulation 2000 (“EP&A Regulation”). Developments which require public notice under Council’s DCP are generally considered as “local developments” (refer to website link below). These developments must be notified or advertised in accordance with the provisions of Council’s DCP as per Clause 79A(2) of the EP&A Act. The advertising requirements for local developments are addressed by the provisions of Category B and Category C. For further clarification on the different types of developments, refer to the NSW Department of Planning and Environment website: http://www.planning.nsw.gov.au/Assess-and-Regulate/Development-Assessment/Systems/Local-Development For Council’s response regarding newspaper advertisement of all DAs, refer to “List of DAs in newspaper” comments in response to Submission #2 above. Council Officer’s Recommendation: No change to DCP For Council’s response regarding “Site signs”, refer to comments in response to Submission #1 above. Council Officer’s Recommendation: Amend provisions for “Site Notice and Site Sign” to include new semi-detached dwellings. Wider public consultation Community facilities such as the Penshurst Park Sporting Hub are generally considered as “Other Local Development”, which falls under Category C in notification requirements. A site sign is required to be placed with the intention of advertising the development to the wider community, including all user groups. Council Officer’s Recommendation: No change to DCP
Resident Submission #5 TRIM: D17/187706	· Demolition of heritage buildings and those in a heritage conservation area must be notified. · Need clarity on ambiguous terms such as “not significantly altering” and “minimal impact” – who and how will this be determined? It is not the Council’s right to decide on this. This will hinder transparent disclosure and discussion about the merit of a DA. · It would be helpful for sub-categories in the DCP to be numbered for easy reference. · Category A states that new signage that is not illuminated and is not located in a residential zone will not require notification. Some signage may be offensive to residents. Notification should be required for all signage larger than 1m in dimension. · A site sign should be required for all developments. · Photographic evidence of the DA site sign should be provided. · The DCP should specify the colour and dimension of the site sign, and date of notification period. · All DAs should be notified via: - Site signs; and - Advertisement in the local newspaper; and - Online notification. · The notification period should be increased from 14 days to 21 days; and 28 days over the holiday periods. · Council should establish a subscription mailing list to send electronic notifications regarding advertised DAs.	Demolition – heritage The intent of the DCP is to advertise all works involving the demolition of a heritage building or a building in a heritage conservation area as per Clause (a)(i) of Category D. Council Officer’s Recommendation: Reword Category A – Table 1 Criteria for “Demolition of buildings” to ensure greater clarity, as italicised below: Demolition of buildings Subject to the building not being: - a State listed heritage item; or - a heritage item in Schedule 5 of the Local Environmental Plan; or - a building in a heritage conservation area. Clarification of terms Refer to comments relating to “Category A clarification” in response to Submission #1 above. Council Officer’s Recommendation: No change to DCP Numbered sub-categories Noted – The draft DCPs have been amended to number sub-categories for easy reference. Notification for signage applications Non-illuminated signage is classified under Category A when it is not located in a residential zone. This is aligned with the intent of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 which permits a wide range of signage as Exempt Development (i.e. not requiring development consent), including some illuminated signage in residential zones. Notwithstanding this, all DAs for illuminated signage in residential zones will be notified as per Category B requirements. Council Officer’s Recommendation: No change to DCP Site signs Refer to comments relating to “Site signs” in response to Submission #1 above. Council Officer’s Recommendation: Amend provisions for “Site Notice and Site Sign” to include new semi-detached dwellings. Photographic evidence of site signs Refer to comments relating to “Photographic evidence of site signs” in response to Submission #2 above. Council Officer’s Recommendation: No change to DCP Site sign specification The colour and dimension of site signs are not stipulated by the EP&A Act or the EP&A Regulation. Council ensures that all site signs are of a durable material, an appropriate size and colour, and is clearly visible from a public location. However, it is acknowledged that the period of notification should be included on any site sign for ease of reference. Council Officer’s Recommendation: Amend Clause (c) of “Site Notice and Site Sign” to include an additional requirement as italicised below: Site Notice and Site Sign (c) The notice must contain: - The dates the development application is on notification. Notification and advertising requirements Refer to comments relating to “Notification and advertising requirements” in response to Submission #4 above. Council Officer’s Recommendation: No change to DCP Increase notification period The current standard DA notification period of 14 days is effective in all surrounding councils (Bayside, Canterbury-Bankstown and Sutherland). As such, it is considered appropriate to retain the current notification period in line with the consistent benchmark adopted by all surrounding councils. In addition, the 14 days notification period may be increased by Council officers based on the type of development, for example, Clause (e) of Category C specifies that Council may consider an extension in the time available for comment if appropriate on a case-by-case basis. With regards to the extension of notification period over the holiday periods, refer to comments relating to “Increase notification period” in relation to Submission #3 above. Council Officer’s Recommendation: No change to DCP Electronic subscription mailing list Noted – consideration will be given to the development of an electronic subscription mailing list for planning and development updates.
Resident Submission #6 TRIM: D17/187709	· All DAs for places of public worship (not just new places of public worship) should be advertised.	Advertisement of places of public worship Council acknowledges the increasing community interest and concern in relation to places of public worship developments. However, it is considered too exhaustive and excessive to notify all applications related to places of public worship as some applications only propose minor internal alterations that will not affect or alter the existing neighbourhood amenity. As discussed above in response to Submission #3, it is proposed to amend the DCP to include the advertisement of applications which propose the intensification of existing places of public worship. Council Officer’s Recommendation: Amend DCP provisions as per “Advertisement of places of public worship” section above.
Resident Submission #7 TRIM: D17/189894	· Category C – increase the notification area or keep the current arrangement for notification. · Category D – major works to existing places of public worship (including alterations and additions) should be advertised. · Category D – the notification area should be increased from adjoining residents to a 200-400m radius of the proposed development. · Category D – the notification period should be increased from 14 days to 28 days, and 6 weeks for Christmas and Easter to allow residents to seek expert opinions.	Increase the Category C notification area The draft DCP is consistent with the existing notification area specified in the Hurstville DCPs. The Kogarah DCP currently does not specify the extent of area for notification. With regards to increasing the notification area, refer to comments relating to “Increase notification area” in response to Submission #3 above. Council Officer’s Recommendation: No change to DCP Advertisement of places of public worship As discussed above in response to Submission #3, new places of public worship and developments intensifying existing places of public worship will be advertised. Council Officer’s Recommendation: Amend DCP provisions as per “Advertisement of places of public worship” section above. Increase notification area Refer to comments relating to “Increase notification area” in response to Submission #3 above. Council Officer’s Recommendation: No change to DCP Increase notification period Refer to comments relating to “Increase notification period” in response to Submission #3 above. Council Officer’s Recommendation: No change to DCP
Resident Submission #8 TRIM: D17/163994	· Secondary dwellings should be notified when they are: - in ‘close’ proximity to another habitable dwelling; or - within a flood control lot.	Secondary dwellings in ‘close’ proximity Whilst the Category A Criteria for secondary dwellings specifies that notification will not be required if the proposal is fully compliant with the relevant DCP, it is recognised that a secondary dwelling is a form of residential intensification which may affect the existing amenity of adjoining dwellings. The recent widespread increase in secondary dwelling developments has seen building forms being located adjacent to other habitable dwellings (both primary and secondary), which compromises privacy and solar access for both the subject site and the neighbour site. As such, it is intended that secondary dwellings DAs may be notified at the discretion of Council officers on a case-by-case basis if the proposal will adversely impact the amenity of neighbouring properties. Secondary dwellings – flood affected Secondary dwellings on flood affected properties typically require freeboard to elevate the floor level above the predicted flood elevation which increases the overall height of the development. It is acknowledged that the increased height may impact adjoining properties. Currently, Hurstville DCP No.1 and No.2 does not specify a maximum building height for secondary dwellings as long as the secondary dwelling is only a single storey. As such, it is intended that secondary dwellings DAs may be notified at the discretion of Council officers on a case-by-case basis if the proposal will adversely impact the amenity of neighbouring properties. Council Officer’s Recommendation: Insert a notation in relation to secondary dwellings as italicised below: New secondary dwellings Subject to: - Full compliance with the relevant DCP or LEP; and - Not exceeding 4.5m maximum height of building. Note: Council may consider notification of new secondary dwelling developments where the proposal is deemed to adversely impact the amenity of adjoining properties.
Council staff Submission #9 TRIM: D17/182842	· The Kogarah DCP currently requires notification for change of use for the following (as below). These should not be removed: - Restricted premises - Funeral home - Place of public worship · The Kogarah LEP does not have a Foreshore Scenic Protection Area (FSPA) but still has foreshore properties that will be affected by new dwellings and alterations and additions. Notification should be required for all properties in the foreshore area. · Not only first floor rear balconies will impact on the visual privacy of adjoining properties. In instances where the adjoining allotment pattern is irregular in shape and configuration, such as battle-axe blocks, overlooking may become an issue where first floor terraces and balconies (not only to the rear) are proposed. · Wording of the provisions in Category A indicate that an assessment of the DA is required to be undertaken prior to notification as a number of developments will not be advertised if they are fully compliant with the relevant DCP and/or LEP requirements. Is this the intention? · Need clarity on ambiguous terms such as “adverse impact” and “minimal impact” –how will this be determined for Category A developments? · Agree that outbuildings and ancillary structures should not be notified as most of these works may be conducted as Exempt or Complying Development. However, neighbour notification should be considered for garages and carports in Heritage Conservation Areas (HCAs), particularly if they are proposed forward of the building line. · Building works in relation to the internal alterations to any building should rely on Exempt Development provisions, instead of seeking a DA. · The following wording is recommended for the Category A – Table 1 Criteria of both “Outbuildings, swimming pools, landscape works and ancillary structures” and “Internal alterations to any building”: Council (or a person having delegated authority to determine the application) may notify the proposed development where it has more than a minor impact on the land and where the enjoyment of the adjoining land may be affected by the proposed development after construction.	Notification for change of use Historically, change of use applications pertaining to restricted premises, funeral homes and places of public worship have been subject to considerable community opposition. Due to the sensitive nature of these land uses, all change of use DAs for restricted premises, funeral homes and places of public worship should be notified as per Category B provisions. Council Officer’s Recommendation: Amend Category A – Table 1 Criteria for “Change of use” as italicised below: Change of use Subject to the change of use: iii) not being for any of the following land uses: - Pub - Sex services premises - Registered club - Child care centre - Restricted premises - Funeral home - Place of public worship Foreshore Scenic Protection Area It is noted that the Kogarah LEP does not currently have a Foreshore Scenic Protection Area (FSPA) whilst the Hurstville LEP does. However, the Kogarah LEP is supplemented by Part C4 Foreshore Locality Controls of the Kogarah DCP 2013 which identifies the foreshore locality (via mapping) and detailed controls for developments in the waterfront areas. In the absence of a FSPA in the former Kogarah LGA, neighbour notification is carried out for properties located within the foreshore locality as identified by Part C4. A clear reference to Part C4 of the Kogarah DCP is proposed to be inserted. Council Officer’s Recommendation: Amend Category A – Table 1 Criteria for “New dwellings houses (single storey and two storey) and alterations and additions to dwellings” as italicised below: New dwelling houses (single storey and two storey) and alterations and additions to dwellings Subject to: - The subject property not being situated within: o the Foreshore Scenic Protection Area (FSPA); or o the foreshore locality identified in Part C4 – Foreshore Locality Controls of the Kogarah DCP and… Dwelling houses – first floor terraces and balconies As discussed above, DAs containing first floor side balconies will be notified. Refer to comments relating to “Dwelling houses – first floor balconies” above in Submission #1. Council Officer’s Recommendation: Amend DCP provisions as per “Dwelling houses – first floor balconies” section above. In the event that the proposed front terrace and/or balcony is considered to impact the visual privacy of adjoining properties, notification may be required as per Clause(a)(vi) of Category B. Clarification of provisions and terms As discussed above, it is intended that a preliminary assessment be undertaken immediately upon receipt of a DA to determine the appropriate notification requirements. Refer to comments relating to “Category A clarification” in response to Submission #1 above. Council Officer’s Recommendation: No change to DCP Ancillary structures and internal alterations It is recognised that ancillary structures that are proposed forward of the building line may impact on the visual streetscape character in a HCA. If the garage or carport is deemed to impose an adverse impact on adjoining properties and their existing levels of amenity, then notification may be carried out as per requirements outlined in Category B. Whilst most internal alteration works may be carried out as Exempt Development, there are some instances where Exempt and Complying Development are prohibited due to environmental restrictions on the land; therefore a notification provision is required to be specified in the DCP for these circumstances. The recommended wording is not supported as the intent is already addressed by Clause(a)(vi) of Category B which specifies that if a Category A proposal is deemed to impose an adverse impact on adjoining properties and their existing levels of amenity, then notification may be carried out. Council Officer’s Recommendation: No change to DCP
Council staff Submission #10 TRIM: D17/202169	· For educational purposes, a note should be placed in Category A stating: Note: Certain Complying Development Applications must be sent a Notice of the application of a Complying Development Certificate to neighbours, by the assessing authority, whether Council or private, in accordance with Clause 130AB of the Environmental Planning & Assessment Regulation 2000. · In Table 1 of Category A, “Demolition of buildings” only refers to the heritage items of the Hurstville LEP. Reference to the Kogarah LEP is missing. · Table 1 of Category A states that outbuildings and swimming pools which are located in a residential zone and associated with a residential use will not be notified. However, Council occasionally receives DAs for outbuildings that exceed a single storey. The Table 1 Criteria should be amended so that only single storey outbuildings with DCP compliant setbacks should be exempt from notification. Furthermore, Council also occasionally receives DAs for swimming pools located 4 metres above the ground. Accordingly, only pools with coping levels <500mm above ground should be exempt from notification. · Site signs should only be required for developments that affect the wider community. Accordingly, dual occupancies should not need a site sign as the structure would only impact the immediate neighbours, whom would have been individually notified.	Note in relation to notifying Complying Development Whilst the informative benefits of the recommended note is recognised, Clause 74B of the EP&A Act specifies that councils are not the relevant planning authority in relation to a SEPP (in this case, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008). As such, DCP provisions relating to advertising and notification are not applicable to Complying Development. No changes are proposed as this is extraneous to DCP provisions. Council Officer’s Recommendation: No change to DCP Reference to Kogarah LEP The absence of “Kogarah LEP” in the Criteria of Table 1 is noted as a typing error and will be inserted accordingly. Council Officer’s Recommendation: Amend DCP provision as per “Demolition - heritage” section above. Swimming pools and outbuildings The Kogarah DCP specifies a maximum height of 3.5m for outbuildings and the Hurstville DCP No.1 and No.2 both specify a maximum height of 3m, which equates to a single storey structure in all three DCPs. Any outbuildings that exceed the DCP maximum permitted building height at any point is considered to be non-compliant with the DCP. On steeply sloping sites, all three DCPs specify that a swimming pool may be allowed to extend >500mm above the natural ground level. It is recognised that this may result in amenity impacts to adjoining properties such as view loss and overshadowing. Accordingly, it is recommended to exclude pools with coping levels of >500mm (measured at any point to natural ground level) from Category A. Council Officer’s Recommendation: Amend Category A – Table 1 Criteria for “Outbuildings, swimming pools, landscape works and ancillary structures” as italicised below: Outbuildings, swimming pools, landscape works and ancillary structures (e.g. awnings, cabanas, sheds, detached garages, carports, retaining walls, decks) Subject to: - The use being in a residential zone and associated with a residential use; and - Full compliance with the relevant DCP; and - Pool coping levels of no greater than 500mm measured at any point from natural ground level. Site signs – dual occupancy Refer to comments relating to “Site signs” in response to Submission #1 above. Council Officer’s Recommendation: Amend provisions for “Site Notice and Site Sign” to include new semi-detached dwellings.

Submission #

Submission Summary

Council Response

Resident

Submission #1

TRIM: D17/185155

· Notification should be required for all demolition where asbestos is present or suspected of being present.

· Need clarity on ambiguous terms such as “adverse impact” and “minimal impact” – who and how will this be determined for Category A developments?

· New dwelling houses and alterations and additions to dwellings should be notified when the proposal includes first floor rear or side balconies.

· Site sign should be placed for all developments that require notification (Category B, C and D).

· Strongly agree with extension of notification period to 21 days for Christmas and Easter.

Demolition – asbestos-related

The presence of asbestos on site is not always known at the notification stage of a Development Application (“DA”), as such it is difficult to ensure consistency in the notification of demolition works. Nonetheless, the Georges River Council Asbestos Management Policy is currently enforced to protect the health and safety of workers involved in asbestos removal as well as the residents in adjoining properties. The Policy is available on Council’s website, and specifies that applications involving demolition and asbestos removal work will have conditions imposed by Council if Development Consent is issued. This is currently implemented as a standard condition which is inserted in all DA Conditions of Consents. No changes are proposed as this is extraneous to DCP provisions.

Council Officer’s Recommendation: No change to DCP

Category A clarification

Upon receipt of a DA that falls under Category A, Council planning officers will immediately conduct a preliminary assessment of the proposed development with respect to statutory compliance (e.g. built form and amenity impacts). A precautionary approach is adopted in this preliminary assessment process and all potential impacts will be considered. Terms such as “adverse impact” and “minimal impact” should be interpreted in relation to the proposal’s compliance with the relevant DCP. Developments which are fully DCP compliant or only feature a negligible non-compliance are unlikely to generate an “adverse impact” and therefore are not considered to require notification. If a Category A development is deemed to impose an adverse impact on adjoining properties and their existing levels of amenity, for example significant overshadowing impacts, then notification may be carried out as per requirements outlined in Category B.

Council Officer’s Recommendation: Insert a notation defining “adverse impact” as italicised below:

Category A – Applications which will not be notified

Note: All potential impacts of the development will be assessed by Council officers in relation to the relevant DCP and LEP. Developments which are fully compliant or only feature a negligible non-compliance are unlikely to generate an adverse impact.

Dwelling houses – first floor balconies

The Table 1 Criteria for Category A specifies that first floor rear balconies to dwelling houses must be notified. This is due to the visual privacy impacts that first floor rear balconies may have on the rear private open space of adjoining properties. It is recognised that first floor side balconies are equally as likely to impact the visual privacy of adjacent properties, especially since side setbacks are typically narrower than rear setbacks.

Council Officer’s Recommendation: Amend Category A – Table 1 Criteria for “New dwelling houses (single storey and two storey) and alterations and additions to dwellings” to include first floor side balconies, as italicised below:

New dwelling houses (single storey and two storey) and alterations and additions to dwellings

Subject to:

…

- There being no first floor side and/or rear balconies proposed as part of the Development Application.

Site signs

Site signs are intended to advertise DAs to the wider community where the scope of proposed impact is too large for Council to feasibly notify all affected landowners and residents individually. Most Category B developments will only result in a minor amenity impact on immediately adjoining neighbours, whom will individually receive a written notice informing of the proposed development. However, it is recognised that new dual occupancy and semi-detached dwelling developments will alter the existing characteristics of the streetscape due to the creation of two dwellings side-by-side to replace a single dwelling, thereby disrupting the existing pattern of subdivision at street frontage which affects the existing rhythm of the street.

Council Officer’s Recommendation: Amend provisions for “Site Notice and Site Sign” to include new semi-detached dwellings, as italicised below:

Site Notice and Site Sign

a) A site notice / site sign will only be placed on sites for new dual occupancy and new semi-detached dwelling developments in Category B, and all developments in Category C and D.

Noted.

Resident

Submission #2

TRIM: D17/185942

· Site sign should be placed on all properties with DAs.

· Photographic evidence of the DA sign should be uploaded to Council's DA tracker.

· Address being shown incorrectly on Council’s DA tracker for Kogarah DAs with the address of the former Kogarah Council building.

· There is often a delay in placing the documents on the DA tracker. The two week notification period should commence when the documents become available on Council's DA tracker.

· All DAs should be published in the St George Leader newspaper.

Site signs

Refer to comments relating to “Site signs” in response to Submission #1 above.

Council Officer’s Recommendation: Amend provisions for “Site Notice and Site Sign” to include new semi-detached dwellings.

Photographic evidence of site signs

Council currently has an internal procedure requiring photographic evidence of all DA site signs erected on site. These photographs are filed in Council’s internal database and are made available to the general public upon request. The availability of these photographs on Council’s website is subject to future consideration as it is extraneous to DCP provisions.

Council Officer’s Recommendation: No change to DCP

Incorrect addresses

Noted – This is a technical issue which currently causes all DAs lodged in the former Kogarah Council LGA to appear on the website with 2 Belgrave Street, Kogarah as the site address. It is to be noted that all DAs are immediately uploaded to Council’s website (DA tracker) upon lodgement. Council staff have been made aware of the issue and typically rectifies the DA site address within 2 to 5 working days of the DA being uploaded online.

DA notification

Internal procedures are in place to ensure all relevant DA documents are available on Council’s website from the first day of the notification period. These DA documents remain on the website for public viewing until the DA is determined. No changes are proposed as this is extraneous to DCP provisions.

Council Officer’s Recommendation: No change to DCP

List of DAs in newspaper

As noted above, a list of all DAs under assessment that require notification are available for public viewing on Council’s website DA tracker. Immediately adjoining properties will receive individual letters notifying of the DA and a link to the DA tracker. The weekly publication of all current DAs in the Leader newspaper is an exhaustive process which cannot deliver accurate up-to-date information in comparison to the website due to lead times required for newspaper publishing. No changes are proposed as this is extraneous to DCP provisions.

Council Officer’s Recommendation: No change to DCP

Resident

Submission #3

TRIM: D17/186239

· Increase the notification period for new places of public worship, particularly for applications lodged prior to Christmas and Easter.

· Places of public worship applications (Category D) for intensification of scale or major works to existing premise or increased hours of operation should require notification and advertising.

· The notification period should be increased from 14 days to 1 month; and 2 months over Christmas and Easter periods to allow residents the ability to engage experts outside of holiday periods when formulating a submission.

· Council should also take into consideration postal delays and increase the 14 day notification period accordingly.

· Increase the notification catchment to a 300-500m radius around the development.

Notification period for places of public worship

Due to recent trends where a large number of requests have been received by Council seeking extensions of time in preparing submissions for places of public worship DAs, it is recommended that the notification period pertaining to places of public worship developments be increased by an additional 7 calendar days (i.e. total 21 calendar days in normal circumstances, and 28 calendar days for holiday periods).

Council Officer’s Recommendation: Amend “Notification Period for Development Applications” by inserting a new Clause, as italicised below:

Notification Period for Development Applications

(e) An additional period of 7 calendar days, excluding public holidays, will be allowed for persons to inspect an application pertaining to a place of public worship (outlined in Category D) and make a submission. This extension is applied in addition to the timeframes outlined in (a), (c) and (d) above.

Advertisement of places of public worship

Council acknowledges the sensitive nature of places of public worship developments and the active community input regarding these land uses. It is recognised that any intensification of an existing place of public worship (including increase in hours of operations, and alterations and additions) is likely to impact the neighbourhood amenity.

Council Officer’s Recommendation: Amend Clause (a)(iv) of Category D as italicised below:

Category D (a):

(iv) New places of public worship or intensification of existing places of public worship

Increase notification period

Clause (c) of “Notification Period for Development Applications” states that any days falling within the 15^th of December and 15^th of January are excluded from the calculation of the notification period and the notification period is extended to 21 days. Therefore up to 7.5 weeks is granted for submissions to be made over the Christmas and New Year holiday period. Similarly, Clause (d) specifies a notification period of up to 5.5 weeks during the Easter holiday period. These extensions during the Christmas and Easter holiday periods are considered to be suitable for residents to engage expert opinion. In addition, the 14 days notification period may be increased by Council officers based on the type of development, for example, Clause (e) of Category C specifies that Council may consider an extension in the time available for comment if appropriate on a case-by-case basis. Furthermore, an additional 7 days are granted specifically for places of public worship DAs, refer to comments relating to “Notification period for places of public worship” above.

Council Officer’s Recommendation: No change to DCP

Postal delay

Council currently has an internal procedure which requires written notices to be sent out at least 2 working days prior to the start of the notification period. This measure has been set to account for any postal delivery delays.

Council Officer’s Recommendation: No change to DCP

Increase notification area

The area of notification is determined based on the impact of a proposed development. It is unfeasible to increase the notification catchment for all developments that require notification using the same numerical radius. Most minor local developments in Category B will only result in a minor amenity impact on immediately adjoining neighbours. The area of notification is expanded for Category C and D due to the greater level of impact that may be experienced by adjoining neighbours.

To ensure the community is appropriately notified, site signs are placed with the intention of advertising DAs to the wider community where the scope of proposed impact is too large for Council to feasibly notify all affected landowners and residents individually.

In exceptional circumstances, Council may consider a wider notification if the proposed development is likely to result in an adverse impact for a greater catchment as per Clause (c) of Category B and Clause (b) of Category C.

Council Officer’s Recommendation: No change to DCP

Resident

Submission #4

TRIM: D17/186314

· The reference to “pub” should be Hotel or Public House.

· Developments under the Planning Assessment Act should require 3 types of notification:

- Written notification to 3 adjoining neighbours on each side, 3 across the street and 3 behind the proposed development.

- Public notice in a local newspaper giving 14 days notice.

- Site signs for all developments with photographic evidence provided.

· Wider public consultation should be required for major developments, such as notifying users of the Penshurst Park Sporting Hub.

Land use terminology

“Pub” is a Standard Instrument Local Environmental Plan land use term. A “pub” is defined as a “licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.”

Council Officer’s Recommendation: No change to DCP

Notification and advertising requirements

The notification requirements in the Environmental Planning & Assessment Act 1979 (“EP&A Act”) are applicable to “designated developments” and “advertised developments”, and are defined under the Environmental Planning & Assessment Regulation 2000 (“EP&A Regulation”).

Developments which require public notice under Council’s DCP are generally considered as “local developments” (refer to website link below). These developments must be notified or advertised in accordance with the provisions of Council’s DCP as per Clause 79A(2) of the EP&A Act. The advertising requirements for local developments are addressed by the provisions of Category B and Category C.

For further clarification on the different types of developments, refer to the NSW Department of Planning and Environment website: http://www.planning.nsw.gov.au/Assess-and-Regulate/Development-Assessment/Systems/Local-Development

For Council’s response regarding newspaper advertisement of all DAs, refer to “List of DAs in newspaper” comments in response to Submission #2 above.

Council Officer’s Recommendation: No change to DCP

For Council’s response regarding “Site signs”, refer to comments in response to Submission #1 above.

Council Officer’s Recommendation: Amend provisions for “Site Notice and Site Sign” to include new semi-detached dwellings.

Wider public consultation

Community facilities such as the Penshurst Park Sporting Hub are generally considered as “Other Local Development”, which falls under Category C in notification requirements. A site sign is required to be placed with the intention of advertising the development to the wider community, including all user groups.

Council Officer’s Recommendation: No change to DCP

Resident

Submission #5

TRIM: D17/187706

· Demolition of heritage buildings and those in a heritage conservation area must be notified.

· Need clarity on ambiguous terms such as “not significantly altering” and “minimal impact” – who and how will this be determined? It is not the Council’s right to decide on this. This will hinder transparent disclosure and discussion about the merit of a DA.

· It would be helpful for sub-categories in the DCP to be numbered for easy reference.

· Category A states that new signage that is not illuminated and is not located in a residential zone will not require notification. Some signage may be offensive to residents. Notification should be required for all signage larger than 1m in dimension.

· A site sign should be required for all developments.

· Photographic evidence of the DA site sign should be provided.

· The DCP should specify the colour and dimension of the site sign, and date of notification period.

· All DAs should be notified via:

- Site signs; and

- Advertisement in the local newspaper; and

- Online notification.

· The notification period should be increased from 14 days to 21 days; and 28 days over the holiday periods.

· Council should establish a subscription mailing list to send electronic notifications regarding advertised DAs.

Demolition – heritage

The intent of the DCP is to advertise all works involving the demolition of a heritage building or a building in a heritage conservation area as per Clause (a)(i) of Category D.

Council Officer’s Recommendation: Reword Category A – Table 1 Criteria for “Demolition of buildings” to ensure greater clarity, as italicised below:

Demolition of buildings

Subject to the building not being:

- a State listed heritage item; or

- a heritage item in Schedule 5 of the Local Environmental Plan; or

- a building in a heritage conservation area.

Clarification of terms

Refer to comments relating to “Category A clarification” in response to Submission #1 above.

Council Officer’s Recommendation: No change to DCP

Numbered sub-categories

Noted – The draft DCPs have been amended to number sub-categories for easy reference.

Notification for signage applications

Non-illuminated signage is classified under Category A when it is not located in a residential zone. This is aligned with the intent of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 which permits a wide range of signage as Exempt Development (i.e. not requiring development consent), including some illuminated signage in residential zones. Notwithstanding this, all DAs for illuminated signage in residential zones will be notified as per Category B requirements.

Council Officer’s Recommendation: No change to DCP

Site signs

Refer to comments relating to “Site signs” in response to Submission #1 above.

Council Officer’s Recommendation: Amend provisions for “Site Notice and Site Sign” to include new semi-detached dwellings.

Photographic evidence of site signs

Refer to comments relating to “Photographic evidence of site signs” in response to Submission #2 above.

Council Officer’s Recommendation: No change to DCP

Site sign specification

The colour and dimension of site signs are not stipulated by the EP&A Act or the EP&A Regulation. Council ensures that all site signs are of a durable material, an appropriate size and colour, and is clearly visible from a public location. However, it is acknowledged that the period of notification should be included on any site sign for ease of reference.

Council Officer’s Recommendation: Amend Clause (c) of “Site Notice and Site Sign” to include an additional requirement as italicised below:

Site Notice and Site Sign

- The dates the development application is on notification.

Notification and advertising requirements

Refer to comments relating to “Notification and advertising requirements” in response to Submission #4 above.

Council Officer’s Recommendation: No change to DCP

Increase notification period

The current standard DA notification period of 14 days is effective in all surrounding councils (Bayside, Canterbury-Bankstown and Sutherland). As such, it is considered appropriate to retain the current notification period in line with the consistent benchmark adopted by all surrounding councils. In addition, the 14 days notification period may be increased by Council officers based on the type of development, for example, Clause (e) of Category C specifies that Council may consider an extension in the time available for comment if appropriate on a case-by-case basis. With regards to the extension of notification period over the holiday periods, refer to comments relating to “Increase notification period” in relation to Submission #3 above.

Council Officer’s Recommendation: No change to DCP

Electronic subscription mailing list

Noted – consideration will be given to the development of an electronic subscription mailing list for planning and development updates.

Resident

Submission #6

TRIM: D17/187709

· All DAs for places of public worship (not just new places of public worship) should be advertised.

Advertisement of places of public worship

Council acknowledges the increasing community interest and concern in relation to places of public worship developments. However, it is considered too exhaustive and excessive to notify all applications related to places of public worship as some applications only propose minor internal alterations that will not affect or alter the existing neighbourhood amenity.

As discussed above in response to Submission #3, it is proposed to amend the DCP to include the advertisement of applications which propose the intensification of existing places of public worship.

Council Officer’s Recommendation: Amend DCP provisions as per “Advertisement of places of public worship” section above.

Resident

Submission #7

TRIM: D17/189894

· Category C – increase the notification area or keep the current arrangement for notification.

· Category D – major works to existing places of public worship (including alterations and additions) should be advertised.

· Category D – the notification area should be increased from adjoining residents to a 200-400m radius of the proposed development.

· Category D – the notification period should be increased from 14 days to 28 days, and 6 weeks for Christmas and Easter to allow residents to seek expert opinions.

Increase the Category C notification area

The draft DCP is consistent with the existing notification area specified in the Hurstville DCPs. The Kogarah DCP currently does not specify the extent of area for notification. With regards to increasing the notification area, refer to comments relating to “Increase notification area” in response to Submission #3 above.

Council Officer’s Recommendation: No change to DCP

Advertisement of places of public worship

As discussed above in response to Submission #3, new places of public worship and developments intensifying existing places of public worship will be advertised.

Council Officer’s Recommendation: Amend DCP provisions as per “Advertisement of places of public worship” section above.

Increase notification area

Refer to comments relating to “Increase notification area” in response to Submission #3 above.

Council Officer’s Recommendation: No change to DCP

Increase notification period

Refer to comments relating to “Increase notification period” in response to Submission #3 above.

Council Officer’s Recommendation: No change to DCP

Resident

Submission #8

TRIM: D17/163994

· Secondary dwellings should be notified when they are:

- in ‘close’ proximity to another habitable dwelling; or

- within a flood control lot.

Secondary dwellings in ‘close’ proximity

Whilst the Category A Criteria for secondary dwellings specifies that notification will not be required if the proposal is fully compliant with the relevant DCP, it is recognised that a secondary dwelling is a form of residential intensification which may affect the existing amenity of adjoining dwellings. The recent widespread increase in secondary dwelling developments has seen building forms being located adjacent to other habitable dwellings (both primary and secondary), which compromises privacy and solar access for both the subject site and the neighbour site. As such, it is intended that secondary dwellings DAs may be notified at the discretion of Council officers on a case-by-case basis if the proposal will adversely impact the amenity of neighbouring properties.

Secondary dwellings – flood affected

Secondary dwellings on flood affected properties typically require freeboard to elevate the floor level above the predicted flood elevation which increases the overall height of the development. It is acknowledged that the increased height may impact adjoining properties. Currently, Hurstville DCP No.1 and No.2 does not specify a maximum building height for secondary dwellings as long as the secondary dwelling is only a single storey. As such, it is intended that secondary dwellings DAs may be notified at the discretion of Council officers on a case-by-case basis if the proposal will adversely impact the amenity of neighbouring properties.

Council Officer’s Recommendation: Insert a notation in relation to secondary dwellings as italicised below:

New secondary dwellings

Subject to:

- Full compliance with the relevant DCP or LEP; and

- Not exceeding 4.5m maximum height of building.

Note: Council may consider notification of new secondary dwelling developments where the proposal is deemed to adversely impact the amenity of adjoining properties.

Council staff

Submission #9

TRIM: D17/182842

· The Kogarah DCP currently requires notification for change of use for the following (as below). These should not be removed:

- Restricted premises

- Funeral home

- Place of public worship

· The Kogarah LEP does not have a Foreshore Scenic Protection Area (FSPA) but still has foreshore properties that will be affected by new dwellings and alterations and additions. Notification should be required for all properties in the foreshore area.

· Not only first floor rear balconies will impact on the visual privacy of adjoining properties. In instances where the adjoining allotment pattern is irregular in shape and configuration, such as battle-axe blocks, overlooking may become an issue where first floor terraces and balconies (not only to the rear) are proposed.

· Wording of the provisions in Category A indicate that an assessment of the DA is required to be undertaken prior to notification as a number of developments will not be advertised if they are fully compliant with the relevant DCP and/or LEP requirements. Is this the intention?

· Need clarity on ambiguous terms such as “adverse impact” and “minimal impact” –how will this be determined for Category A developments?

· Agree that outbuildings and ancillary structures should not be notified as most of these works may be conducted as Exempt or Complying Development. However, neighbour notification should be considered for garages and carports in Heritage Conservation Areas (HCAs), particularly if they are proposed forward of the building line.

· Building works in relation to the internal alterations to any building should rely on Exempt Development provisions, instead of seeking a DA.

· The following wording is recommended for the Category A – Table 1 Criteria of both “Outbuildings, swimming pools, landscape works and ancillary structures” and “Internal alterations to any building”:

Council (or a person having delegated authority to determine the application) may notify the proposed development where it has more than a minor impact on the land and where the enjoyment of the adjoining land may be affected by the proposed development after construction.

Notification for change of use

Historically, change of use applications pertaining to restricted premises, funeral homes and places of public worship have been subject to considerable community opposition. Due to the sensitive nature of these land uses, all change of use DAs for restricted premises, funeral homes and places of public worship should be notified as per Category B provisions.

Council Officer’s Recommendation: Amend Category A – Table 1 Criteria for “Change of use” as italicised below:

Change of use

Subject to the change of use:

iii) not being for any of the following land uses:

- Pub

- Sex services premises

- Registered club

- Child care centre

- Restricted premises

- Funeral home

- Place of public worship

Foreshore Scenic Protection Area

It is noted that the Kogarah LEP does not currently have a Foreshore Scenic Protection Area (FSPA) whilst the Hurstville LEP does. However, the Kogarah LEP is supplemented by Part C4 Foreshore Locality Controls of the Kogarah DCP 2013 which identifies the foreshore locality (via mapping) and detailed controls for developments in the waterfront areas. In the absence of a FSPA in the former Kogarah LGA, neighbour notification is carried out for properties located within the foreshore locality as identified by Part C4. A clear reference to Part C4 of the Kogarah DCP is proposed to be inserted.

Council Officer’s Recommendation: Amend Category A – Table 1 Criteria for “New dwellings houses (single storey and two storey) and alterations and additions to dwellings” as italicised below:

New dwelling houses (single storey and two storey) and alterations and additions to dwellings

Subject to:

- The subject property not being situated within:

o the Foreshore Scenic Protection Area (FSPA); or

o the foreshore locality identified in Part C4 – Foreshore Locality Controls of the Kogarah DCP

and…

Dwelling houses – first floor terraces and balconies

As discussed above, DAs containing first floor side balconies will be notified. Refer to comments relating to “Dwelling houses – first floor balconies” above in Submission #1.

Council Officer’s Recommendation: Amend DCP provisions as per “Dwelling houses – first floor balconies” section above.

In the event that the proposed front terrace and/or balcony is considered to impact the visual privacy of adjoining properties, notification may be required as per Clause(a)(vi) of Category B.

Clarification of provisions and terms

As discussed above, it is intended that a preliminary assessment be undertaken immediately upon receipt of a DA to determine the appropriate notification requirements. Refer to comments relating to “Category A clarification” in response to Submission #1 above.

Council Officer’s Recommendation: No change to DCP

Ancillary structures and internal alterations

It is recognised that ancillary structures that are proposed forward of the building line may impact on the visual streetscape character in a HCA. If the garage or carport is deemed to impose an adverse impact on adjoining properties and their existing levels of amenity, then notification may be carried out as per requirements outlined in Category B.

Whilst most internal alteration works may be carried out as Exempt Development, there are some instances where Exempt and Complying Development are prohibited due to environmental restrictions on the land; therefore a notification provision is required to be specified in the DCP for these circumstances.

The recommended wording is not supported as the intent is already addressed by Clause(a)(vi) of Category B which specifies that if a Category A proposal is deemed to impose an adverse impact on adjoining properties and their existing levels of amenity, then notification may be carried out.

Council Officer’s Recommendation: No change to DCP

Council staff

Submission #10

TRIM: D17/202169

· For educational purposes, a note should be placed in Category A stating:

Note: Certain Complying Development Applications must be sent a Notice of the application of a Complying Development Certificate to neighbours, by the assessing authority, whether Council or private, in accordance with Clause 130AB of the Environmental Planning & Assessment Regulation 2000.

· In Table 1 of Category A, “Demolition of buildings” only refers to the heritage items of the Hurstville LEP. Reference to the Kogarah LEP is missing.

· Table 1 of Category A states that outbuildings and swimming pools which are located in a residential zone and associated with a residential use will not be notified. However, Council occasionally receives DAs for outbuildings that exceed a single storey. The Table 1 Criteria should be amended so that only single storey outbuildings with DCP compliant setbacks should be exempt from notification. Furthermore, Council also occasionally receives DAs for swimming pools located 4 metres above the ground. Accordingly, only pools with coping levels <500mm above ground should be exempt from notification.

· Site signs should only be required for developments that affect the wider community. Accordingly, dual occupancies should not need a site sign as the structure would only impact the immediate neighbours, whom would have been individually notified.

Note in relation to notifying Complying Development

Whilst the informative benefits of the recommended note is recognised, Clause 74B of the EP&A Act specifies that councils are not the relevant planning authority in relation to a SEPP (in this case, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008). As such, DCP provisions relating to advertising and notification are not applicable to Complying Development. No changes are proposed as this is extraneous to DCP provisions.

Council Officer’s Recommendation: No change to DCP

Reference to Kogarah LEP

The absence of “Kogarah LEP” in the Criteria of Table 1 is noted as a typing error and will be inserted accordingly.

Council Officer’s Recommendation: Amend DCP provision as per “Demolition - heritage” section above.

Swimming pools and outbuildings

The Kogarah DCP specifies a maximum height of 3.5m for outbuildings and the Hurstville DCP No.1 and No.2 both specify a maximum height of 3m, which equates to a single storey structure in all three DCPs. Any outbuildings that exceed the DCP maximum permitted building height at any point is considered to be non-compliant with the DCP.

On steeply sloping sites, all three DCPs specify that a swimming pool may be allowed to extend >500mm above the natural ground level. It is recognised that this may result in amenity impacts to adjoining properties such as view loss and overshadowing. Accordingly, it is recommended to exclude pools with coping levels of >500mm (measured at any point to natural ground level) from Category A.

Council Officer’s Recommendation: Amend Category A – Table 1 Criteria for “Outbuildings, swimming pools, landscape works and ancillary structures” as italicised below:

Outbuildings, swimming pools, landscape works and ancillary structures (e.g. awnings, cabanas, sheds, detached garages, carports, retaining walls, decks)

Subject to:

- The use being in a residential zone and associated with a residential use; and

- Full compliance with the relevant DCP; and

- Pool coping levels of no greater than 500mm measured at any point from natural ground level.

Site signs – dual occupancy

Refer to comments relating to “Site signs” in response to Submission #1 above.

Council Officer’s Recommendation: Amend provisions for “Site Notice and Site Sign” to include new semi-detached dwellings.

Georges River Council – Environment and Planning Standing Committee Meeting - Monday, 12 March 2018 Page 88

Item: ENV006-18 Amendment No. 8 to DCP No. 2 - Hurstville City Centre for 108, 112 and 124 Forest Road and 1 and 3 Wright, Hurstville (the 'Bing Lee' site)

Author: Coordinator Strategic Planning

Directorate: Environment and Planning

Matter Type: Committee Reports

Recommendation

(a) That Council endorse the proposed amendments to DCP No. 2 – Hurstville City Centre for 108, 112 and 124 Forest Road and 1 and 3 Wright Street, Hurstville (the “Bing Lee” site) for public exhibition.

(b) That Council publicly exhibit the amendments to DCP No. 2 – Hurstville City Centre for the Bing Lee site in accordance with the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

(c) That Council endorse that the General Manager may make minor modifications to any numerical, typographical, interpretation and formatting errors, if required, in preparation for the public exhibition of the amendments to DCP No. 2.

(d) That Council advise the NSW Department of Planning and Environment of its decision.

(e) That a further report be submitted to Council following the public exhibition period.

Executive Summary

1. On 4 December 2014, the former Hurstville City Council received a Planning Proposal (PP2014/0004) for Nos. 108, 112 and 124 Forest Road, Hurstville to amend the zone, height and floor space ratio of the subject properties. The Planning Proposal has subsequently been amended a number of times and Nos. 1 and 3 Wright Street, Hurstville have been included within the subject site.

2. At its meeting on 13 December 2016 (CCL127-16), Council endorsed that the Planning Proposal be forwarded to the Department of Planning and Environment for a Gateway Determination to amend the Hurstville LEP 2012 to rezone part of the site from B2 Local Centre and R3 Medium Density Residential to B4 Mixed Use, amend the height from 9m, 12m and 23m to 34.5m and 46.5m and amend the Floor Space Ratio for part of the site from 1:1 and 1.5:1 to 4:1. At this meeting Council also supported the preparation of an amendment to Hurstville Section 94 Development Contributions Plan 2012 and Development Control Plan No. 2 – Hurstville City Centre to include part of the site within the boundaries of the Hurstville City Centre and include site specific provisions.

3. This report outlines the amendments to DCP No. 2 - Hurstville City Centre for 108, 112 and 124 Forest Road and 1 and 3 Wright Street, Hurstville (the “Bing Lee” site, see Figure 1) and recommends that Council endorse it for public exhibition. Following the public exhibition, the DCP amendments will be reported to the Independent Hearing and Assessment Panel (the “IHAP”) and Council.

Background of the Planning Proposal (PP2014/0004)

4. In December 2014, the applicant, Tony Polvere, submitted a Planning Proposal for Nos. 108, 112 and 124 Forest Road, Hurstville to:

· Rezone part of the site from B2 Local Centre to B4 Mixed Use;

· Increase the height from 9m and 23m to 42m and 60m; and

· Increase the Floor Space Ratio (FSR) from 1.5:1 and 4:1 to 6.6:1.

5. Since the lodgement of the Planning Proposal in December 2014, a total of five (5) revised Planning Proposals have been received and reported to Council with variations to the requested height, FSR, quantum of retail/commercial and number of residential apartments.

6. The applicant’s latest revised Planning Proposal (Revision No. 6) was lodged on 11 March 2016 and included Nos. 1 and 3 Wright Street, Hurstville. Revision No. 6 of the Planning Proposal requested to amend the Hurstville LEP 2012 (HLEP 2012) to:

a. Rezone parts of the site from B2 Local Centre and R3 Medium Density Residential to B4 Mixed Use (part of the site is already zoned B4 Mixed Use);

b. Increase the maximum height of the buildings for the site to a range between 34.5m and 46.5m (currently 9m, 12m and 23m); and

c. Increase the maximum the floor space ratio control for the site to 4:1 (currently 1:1, 1.5:1 and 4:1).

Figure 1: Land Zoning Map Extract (Source: HLEP 2012)

7. At its meeting on 13 December 2016 (CCL127-16), Council considered the Planning Proposal and resolved:

(a) That Council endorse the forwarding of the Planning Proposal to the NSW Department of Planning and Environment to request a Gateway Approval for an amendment to the Hurstville Local Environmental Plan 2012 in relation to Nos. 108, 112 and 124 Forest Road and Nos 1 and 3 Wright Street, Hurstville to:

§ Amend the Land Zoning Map (LZM ) to rezone Nos 108 and 112 Forest Road Hurstville from B2 - Local Centre Zone to B4 – Mixed Use Zone;

§ Amend the Land Zoning Map (LZM) to rezone Nos 1 - 3 Wright Street, Hurstville from R3 - Medium Density Residential Zone to B4 - Mixed Use Zone;

§ Amend the Height of Buildings map (HOB) to increase the height of buildings for Nos. 108 and 112 Forest Road and 1 and 3 Wright Street, Hurstville to 34.5m;

§ Amend the Height of Buildings map (HOB) to increase the height of buildings for No. 124 Forest Road, Hurstville to 46.5m;

§ Amend the Floor Space Ratio map (FSR) to increase the maximum floor space ratio for Nos. 108 and 112 Forest Road and Nos. 1 and 3 Wright Street, Hurstville to 4:1;

§ Amend the Lot Size Map (Sheet LSZ_008) to remove Nos. 1 and 3 Wright Street, Hurstville from its application, consistent with the B4 - Mixed Use zone; and

§ Amend Clause 4.4A of HLEP 2012 to include a provision relating to the subject site stating that development consent must not be granted for development unless the non –residential floor space is at least 0.5:1.

(b) That Council also note the IHAP resolution to support the following:

(i) The preparation of an amendment to the Hurstville Section 94 Development Contributions Plan 2012 to include 108 Forest Road, 112 Forest Road and 1 and 3 Wright Street in the boundaries of the Hurstville City Centre to reflect the proposed B4 Mixed Use zoning of the land; and

(ii) The preparation of an amendment to the Hurstville Development Control Plan No. 2 - Hurstville City Centre (Amendment No. 6) to include the subject site within the boundary of the Hurstville City Centre and site specific provisions including (but not limited to), setbacks to the adjoining residential development, street activation provisions and vehicular access points, building massing and form as well as provisions to upgrades to public domain, provide deep soil landscaped areas and through site connections and linkages.

8. In accordance with Council’s resolution, the Planning Proposal was forwarded to the Department of Planning and Environment on 16 December 2016 and Council received a Gateway Determination to exhibit the Planning Proposal on 24 February 2017.

9. The Planning Proposal was exhibited from 17 May to 16 June 2017 and a total of 13 submissions were received. The submissions included two petitions signed by 60 and 30 signatories respectively and mainly raised issues in relation to amenity (including privacy, overshadowing and view loss), traffic and parking, and noise. The Planning Proposal is anticipated to be reported to the IHAP and Council in early-mid 2018 following the public exhibition of the draft DCP amendment.

10. The Gateway Determination required Council to finalise the amending LEP by 3 March 2018. Given the delays in ensuring DCP controls that provide for quality urban design outcomes are in place when the LEP is amended, in December 2017, Council requested the Department of Planning and Environment for a nine (9) month extension to the Gateway Determination for the Planning Proposal. Council has not yet received a response to the request.

Draft Hurstville City Centre Urban Design Strategy

11. In December 2016, Council engaged SJB Architects to prepare a draft Hurstville City Centre Urban Design Strategy (the “draft HCCUDS”) to review and update the existing urban design principles for the Hurstville City Centre, review the existing development standards (including maximum building height and maximum FSR) and prepare block by block urban design controls.

12. Council publicly exhibited the draft HCCUDS from 27 September to 10 November 2017 and the draft HCCUDS will be reported to Council for its endorsement and finalisation.

13. The Planning Proposal for the Bing Lee site has been considered in the preparation of the draft HCCUDS which is recommended to be amended in line with the exhibited Planning Proposal with respect to building heights.

Amendment No. 8 to DCP No. 2 – Hurstville City Centre

14. In accordance with Council’s resolution of 13 December 2016 (CCL127-16), Amendment No. 8 to DCP No.2 – Hurstville City Centre has been prepared for the Bing Lee site (attached in Appendix A). This amendment comprises a new section; Section 8 – Controls for Specific Sites and Localities that includes site specific controls for the Bing Lee site in accordance with the Planning Proposal.

15. As a result of extending the Hurstville City Centre to include the Bing Lee site, a number of consequential changes have been made to various sections of DCP No. 2; as outlined below:

Section	Proposed Amendments
1 Introduction	Minor changes to wording and formatting
2 Application Process	Minor changes to wording and formatting
3 Strategic Context	Formatting changes only
4 City Centre Precincts	Map updates in various precincts and formatting
5 Controls for Residential, Commercial and Mixed Use Development	Map updates and formatting
6 Site Planning Considerations	Minor changes to wording and formatting
7 Controls for Other Development Types	Minor changes to wording and formatting
8 Controls for Specific Sites and Localities · Section 8.1 - 108, 112 and 124 Forest Road and 1 and 3 Wright Street, Hurstville (the “Bing Lee” site)	New section inserted that will include all future site specific DCPs
Appendix 1	Update to the amendments table, maps and formatting
Appendix 2	Minor changes to wording and formatting

16. The key elements addressed in Section 8.1 of the DCP for the Bing Lee site include:

· Design Excellence - Promote design excellence through the creation of a sustainable and liveable environment for people through use of expert panels and active engagement between Council and applicants; that aligns with the vision for the Hurstville City Centre.

· Land Dedication – Include details of the land to be dedicated to Council for road widening to address the traffic impacts of the future development of the site.

· Built Form and Setbacks – Provide a vibrant mixed use development that takes advantage of the site’s location.

· Façade Treatment and Street Corners – Articulate the building facades and emphasise street corners.

· Open Space and Landscaping - Ensure that development contributes to the amenity and quality of streets and the public domain.

· Pedestrian Experience – Promote a built form that provides a comfortable pedestrian environment.

· Transition / Interface - Provide adequate transition compliant with the Apartment Design Guide between the new development and the adjoining residential development on Wright and Hudson Streets.

· Active Street Frontages – Ground floor frontages along Hudson Street, Forest Road and Wright Street to be active and pedestrian oriented (see Notes below).

· On-Site Parking – Parking for the future development is to be accommodated underground.

Notes:

1. The Planning Proposal will be amended to extend the Active Street Frontage along Nos. 1 and 3 Wright Street, Hurstville; consistent with the provision of commercial uses on the ground floor.

2. The DCP amendments will ensure that the development on the subject site meet the requirements of the State Environmental Planning Policy No.65 Design Quality of Residential Apartment Development (SEPP 65) and the Apartment Design Guide.

17. The Environment and Planning Committee at its meeting on 11 December 2017 considered a report presenting draft Amendment No. 8 to DCP No.2 – Hurstville City Centre prepared for the Bing Lee site. The Committee recommended that Council defer the matter to the Council meeting scheduled on 18 December 2017.

18. Accordingly, at its meeting on 18 December 2017, Council considered the draft DCP amendment and resolved to defer the matter for consideration at a future Councillor workshop.

Councillor Workshop

19. In accordance with the recommendation of Council at its meeting on 18 December 2017, a Councillor workshop outlining the Planning Proposal, Voluntary Planning Agreement (discussed below) and draft DCP amendment for the Bing Lee site was held on 5 February 2018.

20. Councillors raised concerns regarding the appropriateness of the transition to adjoining sites and the separation between buildings. In regards to building separation, the Apartment Design Guide (ADG) contains a design consideration for building separation that specifies that at the boundary between a change in zone from apartment buildings to a lower density area, the building setback from the boundary should be increased by 3 metres.

21. It is noted that the frontage along Wright Street adjoins a R3 Medium Density Residential zone with a maximum permissible height of 12 metres and FSR of 1:1 under the HLEP 2012. In accordance with the ADG design consideration control, the side boundary setback should be increased by an additional 3 metres.

22. However, it is considered that an additional 3 metre setback between a proposed development on the subject site and the adjoining residential building along Wright Street is not required and would be unreasonable for the following reasons:

· In accordance with the minimum building separation requirements in the ADG, the draft DCP amendment requires the 4 storey podium of the proposed building to be setback a minimum of 6 metres from the side boundary with an additional 6 metres setback above the podium.

· The building separation control in the ADG requiring an additional 3 metre setback at the boundary between a change in zone from apartment buildings to a lower density area is only a design consideration and not a mandatory requirement. As stated above, the building separation controls in the draft DCP amendment require a proposed development on the Bing Lee site to meet the minimum requirements of the ADG. In addition, any development application for the site would need to comply with the other requirements in the ADG, including solar access, privacy and natural ventilation, to minimise the impact on adjoining developments and ensure good amenity for the future occupants of the proposed development. Furthermore, the draft DCP reinforces compliance with the ADG, including the urban design principles to ensure an appropriate transition between the new development and the adjoining residential development.

· An additional 3 metre setback would significantly impact on the Planning Proposal which has already been publicly exhibited. Council officers have conducted an assessment of the impact of the increased setback on a proposed development and estimated that it would result in a loss of approximately 17 apartments, comprising 10 x 1 bedroom and 7 x 2 bedroom apartments. The increased setback would also result in a loss of approximately 166sqm of retail floor space, impacting on the active street frontage required along Wright Street and the streetscape presentation. Given the potential significant loss in apartments and retail floor space, and adverse impact on the active street frontage, the additional 3 metre setback is considered unreasonable.

23. It should be noted that the frontage along Hudson Street adjoins a B4 Mixed Use zone which is the same zone as the subject site. Accordingly, the ADG consideration for increasing the building separation between zones by an additional 3 metres is not applicable in this instance. In fact, the ADG does not require any building separation as the wall of the adjoining development is a blank wall. However, the draft DCP amendment requires the 4 storey podium of the proposed building to be setback a minimum of 6 metres from the side boundary with an additional 6 metres setback above the podium.

24. It was requested at the Councillor workshop that a section be provided in the draft DCP to illustrate the Forest Road frontage. Accordingly, the draft DCP has been amended in accordance with this request.

25. Concerns were also raised at the Councillor workshop that parking may be located above ground and the developer may seek additional height and FSR as a result. It is to be noted that the draft DCP requires parking for the future development to be accommodated underground. Above ground parking would also be inconsistent with the active street frontage and minimum non-residential FSR requirements.

Draft Voluntary Planning Agreement

26. In relation to the Planning Proposal, Council was provided with an Offer to enter into a Voluntary Planning Agreement (VPA) to:

1. Dedicate land to Council for the purpose of widening Forest Road to facilitate traffic movement (within 3 months of the issue of the first construction certificate for the first DA or within 5 years of the gazettal of the LEP amendment); and

2. Provide a monetary contribution to Council of $3,775,750 for the purpose of public facilities including public infrastructure, amenities and services within the Hurstville City Centre (within 28 days of gazettal of the LEP amendment).

The VPA was reported to Council at its meeting on 13 December 2016 (CCL128-16 and CON029-16). Council accepted the terms of the Offer and drafted a VPA in accordance with the VPA Offer and signed Heads of Agreement.

27. The contributions and dedications are in addition to the Section 94 contributions levied on the future development. An amendment to the Hurstville Section 94 Development Contributions Plan 2012 to include 108 Forest Road, 112 Forest Road and 1 and 3 Wright Street within the boundaries of the Hurstville City Centre to reflect the proposed B4 Mixed Use zoning of the land was prepared. This amendment was adopted by Council on 1 May and became effective on 19 July 2017.

28. The draft VPA was placed on public exhibition from 15 November to 15 December 2017 and no submissions were received during the exhibition period.

29. Given no submissions were received objecting to the VPA, the VPA will be executed. Once entered into, the VPA will be registered on the title of the land to which it relates.

Next Steps

30. The next steps in finalising Amendment No. 8 to DCP No. 2 are tabulated below:

The Environment and Planning Committee endorses Amendment No. 8 to DCP No. 2 for public exhibition (this report)	12 March 2018
Council endorses Amendment No. 8 to DCP No. 2 for public exhibition	26 March 2018
Exhibit Amendment No. 8 to DCP No. 2	Mid-April to mid-May 2018
IHAP Report on submissions received on the Planning Proposal	Post May 2018
Council Report on submissions received on the Planning Proposal and Amendment No. 8 to DCP No. 2 seeking endorsement for their adoption	Post May 2018
Planning Proposal sent to the Department for finalisation	Post Council consideration
DCP No. 2 – Hurstville City Centre (Amendment No. 8) comes into effect	When the Planning Proposal gets gazetted and a notice is published in the newspaper.

Financial Implications

31. No budget impact for this report.

Community Engagement

32. Community engagement will be conducted with regard to Amendment No. 8 to DCP No. 2 – Hurstville City Centre for the Bing Lee site in April-May 2018 as detailed in this report subject to Council endorsement for public exhibition.

File Reference

17/2532

ATTACHMENTS

Attachment ⇨1	Draft DCP No. 2 - Amendment No. 8 - Table of Contents - published in separate document
Attachment ⇨2	Draft DCP No. 2 - Amendment No. 8 - Section 1 Introduction - published in separate document
Attachment ⇨3	Draft DCP No. 2 - Amendment No. 8 - Section 2 Application Process - published in separate document
Attachment ⇨4	Draft DCP No. 2 - Amendment No. 8 - Section 3 Strategic Context - published in separate document
Attachment ⇨5	Draft DCP No. 2 - Amendment No. 8 - Section 4 City Centre Precincts - published in separate document
Attachment ⇨6	Draft DCP No. 2 - Amendment No. 8 - Section 5 Controls for Residential, Commercial and Mixed Use - published in separate document
Attachment ⇨7	Draft DCP No. 2 - Amendment No. 8 - Section 6 Site Planning Considerations - published in separate document
Attachment ⇨8	Draft DCP No. 2 - Amendment No. 8 - Section 7 Controls for Other Development Types - published in separate document
Attachment ⇨9	Draft DCP No. 2 - Amendment No. 8 - Section 8.1 Bing Lee Site - published in separate document
Attachment ⇨10	Draft DCP No. 2 - Amendment No. 8 - Appendix 1 - published in separate document
Attachment ⇨11	Draft DCP No. 2 - Amendment No. 8 - Appendix 2 Council Codes and Policies - published in separate document