Agenda of Georges River Local Planning Panel (LPP)

Georges River Council – Local Planning Panel Thursday, 17 December 2019

Page 2

3. Reports and LPP Deliberations in Closed Session - 6.30pm

LPP061-19 296 Forest Road Hurstville (Central Plaza) - MOD2019/0191

(Report by Consultant Planner)

LPP062-19 261 Princes Highway Carlton - DA2018/0059

(Report by Consultant Planner)

LPP063-19 1-3 English Street Kogarah - DA2018/0358

(Report by Senior Development Assessment Officer)

LPP064-19 Lot 23, 23 Bay Road Oatley - MOD2019/0097

(Report by Independent Assessment)

LPP065-19 Ramsgate Village Planning Proposal - 193– 201 Rocky Point Road, 66-68 Ramsgate Road and 2-6 Targo Road, Ramsgate - PP2019/0001

(Report by Independent Assessment)

4. Confirmation of Minutes

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Tuesday, 17 December 2019

LPP Report No	LPP061-19	Development Application No	MOD2019/0191
Site Address & Ward Locality	296 Forest Road Hurstville (Central Plaza) Hurstville Ward
Proposed Development	Modification Application - Erection of 4000mm wide by 2000mm deep LED Display Screen mounted on a 5200mm wide by 5000mm high stand with associated speakers and support columns
Owners	Georges River Council
Applicant	Georges River Council
Planner/Architect	Unilumin Group Co Ltd
Date Of Lodgement	23/10/2019
Submissions	One (1)
Cost of Works	N/A
Local Planning Panel Criteria	Georges River Council is the Owner and Applicant of the application
List of all relevant s.4.15 matters (formerly s79C(1)(a))	State Environmental Planning Policy Infrastructure 2007, State Environmental Planning Policy No.64 – Advertising Signage, Greater Metropolitan Regional Environmental Plan No.2 – Georges River Catchment Hurstville Local Environmental Plan 2012 Hurstville Development Control plan No.2 (Amendment No.9)
List all documents submitted with this report for the Panel’s consideration	LED Screen Elevation Plan Steel support structure plan LED Screen Plan General Arrangement Site Plan
Report prepared by	Consultant Planner

Recommendation

That the application be approved in accordance with the conditions included in the report.

Summary of matters for consideration under Section 4.15

Have all recommendations in relation to relevant s4.15 matters been summarised in the Executive Summary of the assessment report?

Yes

Legislative clauses requiring consent authority satisfaction

Have relevant clauses in all applicable environmental planning instruments where the consent authority must be satisfied about a particular matter been listed and relevant recommendations summarised, in the Executive Summary of the assessment report?

Yes

Clause 4.6 Exceptions to development standards

If a written request for a contravention to a development standard (clause 4.6 of the LEP) has been received, has it been attached to the assessment report?

Not Applicable

Special Infrastructure Contributions

Does the DA require Special Infrastructure Contributions conditions (under s7.24)?

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

No - the applicant can review the conditions when the report is published.

Site Plan

Site outlined in red

Executive Summary

Proposal

1. The proposal seeks to erect a LED Display Screen measuring 4000mm wide by 2000mm deep on a 5200mm wide by 5000mm high stand together with speakers and their support columns. The LED Display screen is proposed to be a feature facility within the Hurstville Central Plaza (Plaza) and will enable community events, feature events and the like to be televised and or displayed for the general public. This is a compatible form of ancillary development within the Plaza having regard to the proposed activities previously referred to within the:

- Central Plaza Plan of Management 2016, prepared by JMD Design; and

- Independent Hearing and Assessment Panel (IHAP) report of 18 May 2017 for approval of DA2017/0049 for the creation of the Plaza.

Site and Locality

2. The site is within the Hurstville Town Centre, approximately 20m from the Hurstville rail station, diagonally opposite the main pedestrian entrance to the rail station from Forest Road. The site has an area of approximately 1385sqm, is rectangular in shape and has dimensions of approximately 26m wide x 60m long. The northern end of the site terminates at an existing pedestrian ramp that provides access into the Westfield Shopping Centre. This ramp is located within the road reserve of Crofts Avenue.

Zoning and Permissibility

3. The site is zoned B3 Commercial Core under Hurstville Local Environmental Plan 2012 and the proposed development is assessed as an ancillary activity to the primary use being a “Recreational Area”, known as Central Plaza, this use is permissible in the zone.

Submissions

4. One (1) submission was received which raised a question with regard to the use of the LED digital screen for public entertainment purposes. The submitter was unable to be contacted as phone calls were made and emails sent with no further response being received. It is noted that the documentation accompanying the application clearly identified that the LED screen would be used for community notices and for special events, which may include public entertainment.

Conclusion

5. The application has been assessed having regard to the Matters for Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, the provisions of the relevant State Environmental Planning Policies, Local Environmental Plans and Development Control Plans. The proposed LED digital screen, speakers and their supporting structures are considered to be ancillary to the permitted use and the relevant assessment provisions. As a result the application is recommended for approval subject to conditions.

Report in Full

Proposal

DESCRIPTION OF THE PROPOSAL

6. The modification application (MOD2019/0191) is submitted under the provisions of Section 4.55 (1A) and Section 4.15 Environmental Planning and Assessment Act 1979 seeking amendments to the approved plans as outlined below:

· Installation of a 4m long by 2m high LED display screen with side speakers on supporting steel framework that elevates the LED screen 5m above ground level. The proposed LED screen is to be located in the front section of the existing landscaped garden bed at the southern end of Hurstville Central Plaza as depicted in Figure 1 below.

· Installation of four (4) Bose articulated array speakers (100W output) 2 to be fixed adjacent to the proposed LED display screen and two (2) within the Plaza. These speakers are proposed only to be used during special and cultural events with the screen to be mute the remainder of the time.

· The primary use of the LED display screen and speakers is as a community notice board, community entertainment and for special event and cultural events on a less frequent nature. In this regard it is proposed to be operated on a 24/7 loop for community and Georges River Council information and events updates.

DESCRIPTION OF THE SITE AND LOCALITY

7. The subject site is 296 Forest Road Hurstville being Lot 16 DP4799 and is located between Forest Road to the south, Crofts Avenue to the north and Diment Way to the west. The site to the east, 282 Forest Road is currently a construction site which benefits from an approval for a multi-storey commercial and retail building.

8. The site is within the Hurstville Town Centre, approximately 20m from the Hurstville railway station, diagonally opposite the main pedestrian entrance to the rail station from Forest Road.

9. The site has an area of approximately 1385sqm, is rectangular in shape and has dimensions of approximately 26m wide x 60m long. The northern end of the site terminates at an existing pedestrian ramp that provides access into the Westfield Shopping Centre. This ramp is located within the road reserve of Crofts Avenue.

10. As can be seen in the photos below the Plaza is mostly complete with intricate paving throughout, seating areas, landscaped areas and lighting, all combining to create an outdoor area that can be utilised by the community both for general outdoor recreational use as well as for staged events and cultural celebrations.

Figure 1: Proposed location of the LED display screen in the front section of the existing landscaped area highlighted in blue

Figure 2: Onsite photo of “Hurstville Plaza” looking south towards Forest Road where the screen is to be installed

Figure 3: Mock-up of proposed LED display screen in Central Plaza (Source: Applicant Document)

Figure 4: View looking south to landscaped area where the LED display screen is proposed to be positioned

Figure 5: View from back of landscaped area looking north across “Hurstville Central Plaza” where the screen is to be installed

COMPLIANCE AND ASSESSMENT

11. The development has been inspected and assessed under the relevant Section 4.15 "Matters for Consideration" of the Environmental Planning and Assessment Act 1979.

ENVIRONMENTAL PLANNING INSTRUMENTS

Section 4.55 (1A) Modification under Environmental Planning & Assessment Act, 1979

12. The proposal has been considered against the relevant statutory provisions as a matter of minimal environmental impact as follows;

(1A) Modifications involving minimal environmental impact

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

(a) it is satisfied that the proposed modification is of minimal environmental impact, and

13. Comment: The proposed LED display screen, speakers and support structures are considered to be of minimal environmental impact having regard to the following:

· The structures have a small physical footprint within the Hurstville Central Plaza and will not unreasonably impact the public use of the Plaza;

· The primary use of the LED display screen is to provide a 24/7 community event displays which would not involve elevated volumes;

· The LED display screen is proposed to be used to broadcast major social, sporting or community events, which will be audible, these are estimated to be minimal events in number annually.

14. Suitable conditions of consent, dealing with volume controls and frequency of events broadcast, will ensure that the LED display screen and speakers do not unreasonably impact the amenity of the public domain or significantly impact nearby premises.

(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

15. Comment: The proposed installation of the LED digital screen and speakers does not change the intent of the original DA (DA2017/0049), which was to create a public plaza in accordance with the Council endorsed (Hurstville Central Plaza) Plan of Management (PoM) prepared by JMD Design, 2016. It is noted that the proposed LED digital screen and speakers are considered to compliment the use being part of the same approved development considering:

· PoM identified activities in the Plaza to include Community Notices but does not specify how this would be achieved, thus Display Screens/Speakers, or any other form of fixed or portable notice board structure, would be an effective and appropriate method to publicise community events.

· The Independent Hearing and Assessment Panel (IHAP) report of 18 May 2017 which granted consent for the creation of Central Plaza noted as follows:

- The Plaza would include erection of a Council signage/notice board; and

- Identified that a location adjacent to the Westfield ramp would be suitable for a LED screen structure for screening of movies, community notices/events, sporting events and the like.

· The proposed installation of the LED digital display screen and speakers will compliment and strengthen the objectives of the Hurstville Plaza PoM, specifically the recreational use of the Plaza for staging of events and cultural celebrations (one of the key permitted uses under the Plaza PoM).

· The original electrical plan layout for the Plaza provided suitable outlets in the positions identified for the Screen and speakers, pre-empting future electrical requirements within the Plaza.

· There is no identifiable adverse impact on general amenity, privacy or overshadowing by the proposal on the adjoining commercial and retail premises.

16. Suitable conditions of consent can be imposed to ensure that the LED screen and speakers do not adversely impact the amenity of the future public domain or nearby premises, including:

i. Inclusion of a remote cut-out switch should the noise generated create unacceptable amenity concerns for future residents within the proximity of the Plaza;

ii. Requirement that a bi-annual acoustic report be prepared, and submitted for Council consideration and action on any appropriate recommendations, which carries out an analysis of noise generation on six (6) occasions annually, inclusive of at least three (3) amplified events, from monitoring points at each end of the Plaza, being Forest Road and Crofts Avenue. This procedure should continue for six (6) years from the date of approval to provide a broad analysis of the facilities operational impacts.

iii. Operation of amplified broadcasts from the LED screen/speakers will be terminated by 10:00pm daily, except where major events are programmed to occur, including festivals (eg Chinese New Year), sporting events (eg Olympic Events) or musical presentations (eg Mardi Gras) or the like, that have been notified to the general public through the LED Screen/Speaker system for a minimum of 14 days prior to the event occurring to ensure the general public are fully informed.

(c) it has notified the application in accordance with:

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

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

17. Comment: In accordance with the provisions of Councils Public Notification process, the application was placed on neighbour notification for 14 days and one (1) submission was received. The submission was in the form of an enquiry as to the purpose of the display screen whether it was for entertainment purposes. The person who made the submission was contacted by telephone and email but has not responded to these enquiries.

Section 4.15 Assessment

18. An assessment of the application with regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979 is provided as follows.

(a)(i) any environmental planning instrument,

19. Hurstville Local Environmental Plan 2012 applies to the site. The relevant provisions of this local environmental plan are addressed as follows.

Hurstville Local Environmental Plan 2012

20. The subject site is subject to the Hurstville Local Environmental Plan 2012

Part 2 – Permitted or Prohibited Development

Clause 2.1 – Land Use Zones

21. The subject site is zoned B3 Commercial Core and the approved use as a “recreation area” is a permissible form of development with Council’s consent, the screen and speakers are considered ancillary to this approved use.

Figure 6 – Zoning map with the site outlined in red

22. The proposed installation of the LED digital screen and speakers will strengthen the recreational use of Hurstville plaza for staging of events and cultural celebrations

23. Accordingly the proposed development satisfies the objectives of the zone.

Clause	Standard	Assessment Under HLEP 2012
Part 2 – Permitted or Prohibited Development	B3 Commercial Core *“recreation area* means a place used for outdoor recreation that is normally open to the public, and includes: (a) a children’s playground, or (b) an area used for community sporting activities, or (c) a public park, reserve or garden or the like, and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).”	It is considered that the proposed development is an ancillary use within a recreation area, being the “Hurstville Central Plaza” under the Hurstville LEP2012 In the B3 zone, recreation areas are permissible with consent and the subject LED screen and speakers proposed are ancillary to the recreational use.
	Objectives of the Zone	It is considered that the proposed development satisfies the objectives of the zone as the public plaza will create a community land use to serve the needs of the Hurstville Town Centre.
4.3 – Height of Buildings	9m as identified on Height of Buildings Map	Noting these are structure, however they do not exceed 5m in height.
4.4 – Floor Space Ratio	0.6:1 as identified on Floor Space Ratio Map	N/A
4.5 – Calculation of floor space ratio and site area	FSR and site area calculated in accordance with Cl.4.5	N/A
5.9 – Preservation of trees or vegetation	Consent is required for pruning or removal of specified vegetation	N/A
5.9AA – Trees or vegetation not prescribed by Development Control Plan	Any tree or vegetation to be removed that is not specified in DCP No.1	N/A
6.4 – Foreshore Scenic Protection Area	Council cannot grant consent to the carrying out of development on land within a Foreshore Scenic Protection Area unless consideration has been made to relevant provisions.	N/A
6.7 – Essential Services	The following services that are essential for the development shall be available or that adequate arrangements must be made available when required: * Supply of water, electricity and disposal and management of sewerage * Stormwater drainage or on-site conservation * Suitable vehicular access	All essential services are available and suitable for the demands of the proposed development. The plaza will be pedestrian only with provision for Council service vehicles (cleaning as required) and emergency vehicles. Secure bicycle parking hoops are provided.

State Environmental Planning Policy No 64 – Advertising Signage (SEPP 64)

24. The proposed information signage has been reviewed with regard to the provisions of SEPP 64. It is considered that the signage will not change the existing character or advertising theme of the area and is therefore consistent with the aims of SEPP 64.

Schedule 1

Assessment Criteria

Proposal

Complies

1. Character of the area

· Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

· Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

Proposed LED screen and speakers are located in the Hurstville CBD, within Hurstville Plaza which is an area for outdoor entertainment and recreation.

Yes

2. Special areas

· Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

No environmentally sensitive areas are affected by the proposed LED screen and speakers.

Further conditions of consent will ensure that noise and illumination will not adversely impact any nearby areas.

Yes

3. Views and vistas

· Does the proposal obscure or compromise important views?

· Does the proposal dominate the skyline and reduce the quality of vistas?

· Does the proposal respect the viewing rights of other advertisers?

No important views are affected by the proposal.

5m high screen is located such that it does not affect the skyline or vistas.

No impacts on any other signage in this locality.

Yes

4. Streetscape, setting or landscape

· Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

· Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

· Does the proposal reduce clutter by rationalising and simplifying existing advertising?

· Does the proposal screen unsightliness

· Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

· Does the proposal require ongoing vegetation management?

The proposed LED screen is an appropriate size given its intended use and its location in the front of the existing landscaped area at the southern end of Hurstville Plaza.

The screen will add to the visual interest of this outdoor recreational and entertainment venue.

Not applicable

The proposed LED screen is a neat and attractive structure that is not unsightly.

The LED screen is lower than all adjacent buildings in the area and is also lower than the numerous light poles within the Plaza.

Existing landscaped garden bed requires maintenance but this is independent of the LED screen.

Yes

5. Site and building

· Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

· Does the proposal respect important features of the site or building, or both?

· Does the proposal show innovation and imagination in its relationship to the site or building, or both?

The proposed LED screen is an appropriate size given its intended use and its location in the front of the existing landscaped area at the southern end of Hurstville Plaza.

The screen has been designed and proportioned to suit its purpose and the site conditions of the Plaza in which it is situated.

Yes this modern LED screen is an innovative way of providing information to the public.

Yes

6. Associated devices and logos with advertisements and advertising structures

· Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?

The screen is at a height that keeps it safe from the public and the public safe from it being elevated 5m at its highest point and 3m at its lowest point. The site is well lit and located within the front of a landscaped area so is not a hazard to pedestrians.

Yes

7. Illumination

· Would illumination result in unacceptable glare?

· Would illumination affect safety for pedestrians, vehicles or aircraft?

· Would illumination detract from the amenity of any residence or other form of accommodation?

· Can the intensity of the illumination be adjusted, if necessary?

· Is the illumination subject to a curfew?

The illumination level of the proposed LED screen is approximately 14 to 18k lumens. The 12 light poles in the Plaza give out 11.6k lumens each. Accordingly the LED screen is not considered to provide an unnecessary degree of illumination.

Further, it will be conditioned that :

1. the illumination level must be adjustable so that if illumination levels cause a public nuisance then the level of illumination can be reduced.

2. a curfew can be made by a condition of consent if a public nuisance is caused.

Yes

8. Safety

· Would the proposal reduce the safety for any public road?

· Would the proposal reduce the safety for pedestrians or bicyclists?

· Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?

No, the screen faces away from Forest Road and is at the opposite of the plaza to Crofts Avenue, being some 55m away and unlikely to be affected as a pedestrian ramp to Westfield runs between the Plaza and Crofts Avenue.

Proposed LED screen is elevated 3m above ground level so it does not affect pedestrian or bicycle safety.

Proposed LED screen is elevated 3m above ground level so does not reduce sightlines for pedestrians

Yes

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

25. The site is within the area affected by the Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment. The proposal does not generate any additional stormwater, therefore remaining consistent with Council’s requirements for the disposal of stormwater in the catchment.

State Environmental Planning Policy (Infrastructure) 2007

26. Not applicable.

State Environmental Planning Policy No 55 (Remediation of Land)

27. The proposal involves minor excavation works, excavated holes to accommodate support poles, in a location that has recently been redeveloped for public use. As part of the development application to create Central Plaza, DA2015/0176, a Hazardous Building Materials Survey, dated 23 December 2014 and prepared by HIBBS & Associates Pty Ltd, was considered as part of the approval of the demolition of the existing building on the land. It is unlikely that any contamination issue would now eventuate from the proposed minor excavation works.

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

Draft Remediation of Land SEPP

28. The Department of Planning and Environment has announced a Draft Remediation of Land SEPP, which will repeal and replace the current State Environmental Planning Policy No 55—Remediation of Land.

29. The main changes proposed include the expansion of categories of remediation work which requires development consent, a greater involvement of principal certifying authorities particularly in relation to remediation works that can be carried out without development consent, more comprehensive guidelines for Councils and certifiers and the clarification of the contamination information to be included on Section 149 Planning Certificates.

30. Whilst the proposed SEPP will retain the key operational framework of SEPP 55, it will adopt a more modern approach to the management of contaminated land.

31. Given the recent development of this location to create the Central Plaza it is not considered the excavation for the footings is considered acceptable and it is not unlikely that contamination will be experienced.

Draft Environment SEPP

32. The Draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018.

33. This consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property.

· Changes proposed include consolidating the following seven existing SEPPs:

· State Environmental Planning Policy No. 19 – Bushland in Urban Areas

· State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

· State Environmental Planning Policy No. 50 – Canal Estate Development

· Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment

· Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2-1997)

· Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

· Willandra Lakes Regional Environmental Plan No. 1 – World Heritage Property.

The proposal is generally consistent with the provisions of this Draft Instrument.

Any other matters prescribed by the regulations

34. The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

DEVELOPMENT CONTROL PLANS

Hurstville Development Control Plan No 2 Amendment No 9

35. The relevant Development Control Plan (DCP) is the Hurstville DCP No 2 Amendment No 9, relating to the Hurstville town centre “Retail Core”, which came into effect on 28 February 2019.

36. The DCP calls up key principles of the Hurstville City Centre Concept Masterplan 2004 which included the creation of a new sequence of linked public spaces comprising arcades, public squares and pocket parks that capitalise on topography.

37. Part 4.5.2 of the DCP states the desired future character is for, “New development will build on its highly active pedestrian environment, and multiple narrow retail frontages, interlinked with laneways and arcades”. Activating the ground level is recognised as important and within the public domain the use of widened footpaths for passive activities (outdoor dining, retailing, seating, landscaping) should generate a vibrant and lively environment. The proposed modification to accommodate a LED Digital Screen and associated speakers within the Hurstville Central Plaza reacts positively to the public area policies by enhancing and increasing the use of the Plaza and attracting people to this public space.

Part 6.1 of Hurstville DCP No 2 Public Domain

38. Part 6.1 Public Domain of the DCP states that:

“The public domain comprises the public space in the City Centre, the public face and setting for buildings and structures. It is the parts of the City Centre not privately owned. The streets, squares and parks that form the public domain provide community activity and recreation space. The goal of public domain design is to create an integrated space that is legible, comfortable, safe and engaging, which encourages pedestrian use and increases the amount and quality of public leisure spaces.

Clause 6.1.5.3 – Advertising Opportunities from New Technologies..…….Controls….... (b) Signage involving animation, video screens and other forms of movement are generally inappropriate, where they are likely to adversely impact on residential areas or pedestrians amenity or safety, or are likely to distract motorists.”

39. The proposed LED Screen and Speaker concept is considered to be consistent with the goals and intent of Part 6.1 as stated above, especially as the advertising/broadcasting of special events and cultural events help attract and entertain the public within the Hurstville Central Plaza and do not result in unreasonable or adverse amenity concerns on residential properties.

Variations or Non-Compliances

40. The proposed LED screen and speakers are considered to comply with the requirements of Hurstville DCP No 2; accordingly there are no variations or non-compliances.

IMPACTS

Natural Environment

41. There are no natural environment issues associated with the proposed LED screen and speakers.

Built Environment/ Urban Design

42. The proposed LED screen and speakers will enhance the built environment of the town centre by attracting the public to this area and providing entertainment during special events and cultural events, as well as providing the general public with information at other times.

43. The locality accommodates development that is commercial/retail in nature with the nearest residential apartments being over 100 metres from the LED screen position. On this basis late night operation of the LED screen would not currently result in any significant amenity impacts. It is noted, however, that shop top housing is a permissible form of housing within the B3 Commercial Core Zoning and therefore opportunity exists for residential development to occur in the future in this locality and due regard needs to be given to the amenity that would be available to that future residential component.

44. On this basis it is considered appropriate to impose the following conditions on the amplified operation of the LED screen during evenings that would ensure reasonable evening/late night amenity can be maintained in the locality:

a) Inclusion of a remote cut-out switch should the noise generated create unacceptable amenity concerns for future residents within the proximity of the Plaza;

b) Requirement that a bi-annual acoustic report be prepared, and submitted for Council consideration and action on any appropriate recommendations, which carries out an analysis of noise generation on six (6) occasions annually, inclusive of at least three (3) amplified events, from monitoring points at each end of the Plaza, being Forest Road and Crofts Avenue. This procedure should continue for six (6) years from the date of approval to provide a broad analysis of the facility operational impacts.

c) Operation of amplified broadcasts from the LED screen/speakers will be terminated by 10:00pm daily, except where major events are programmed to occur, including festivals (eg Chinese New Year), sporting events (eg Olympic Events) or musical presentations (eg Mardi Gras) or the like, that have been notified to the general public through the LED Screen/Speaker system for a minimum of 14 days prior to the event occurring to ensure the general public are fully informed.

Social Impact

45. It is anticipated that the proposed development will have a positive social impact upon the broader Hurstville community by providing a facility to broadcast public information and significant events as well as enhancing the use of this area for special and cultural events.

46. It is relevant to consider the potential for Third Party Advertisements occurring as part of the LED Digital Screen operation. Generally the screening of special events may include unintended commercial advertising as part of these events over which Council would have no control should the event be appropriate for broadcast. Third Party Advertising use of the LED Digital Screen, whether for local or wider community advertisers, is not unreasonable where due consideration is given to:

· manner/nature of advertising, ie intrusive flashing signage may not be suitable;

· content of the advertisement, ie suitable language and attire should be encouraged;

· suitability of the advertiser, ie alcohol or gaming industry may not be appropriate;

· community notices remaining the predominant advertisement use of the facility.

Economic Impact

47. It is anticipated that the proposed development will have a positive economic impact upon the broader Hurstville Centre by enhancing the operation of the public domain and helping to make the centre a more attractive, desirable destination and overall enhancing the value of adjoining development. Potential also exists for community economic benefits through increased revenue from the measured sale of third party advertising space, as referred to above at paragraph 46, to appropriate advertisers whilst not being to the detriment of community notice advertising.

Suitability of the Site

48. The site is suitable for the proposed development as it is an extension of the Hurstville Central Plaza as an area for community notices, community functions, entertainment, outdoor recreational activities and as a community meeting place.

REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Pubic Submissions

49. The proposal was notified between 29 October 2019 to 12 November 2019. The day after the exhibition period one (1) submission was received. The submission did not raise objection to the application but rather questioned whether the proposal would be for entertainment purposes. Officers of Council attempted to respond to the inquiry by both telephone and email but have been unable to directly contact the submitter. It is considered that the description of the development in the application clearly illustrates that the LED Digital Screen would be utilised for both community and general notices and broadcasting of events, which by their nature could be an entertainment event in some instances.

50. It is concluded that no issues have been raised that would preclude the work proceeding or give rise to the need for any significant amendments to the plans as submitted.

Council Referrals

51. The Development Application was reviewed by relevant technical officers of Council and no issues have been raised that would preclude the work proceeding or give rise to the need for any significant amendments to the plans as submitted.

52. A series of conditions of consent have been put forward that cover the range of interests from the various Council departments that cover both the construction phase and the ongoing management of the space (noise and lighting).

CONCLUSION

53. The application has been assessed having regard to Section 4.55(1A) and Section 4.15 of the Environmental Planning and Assessment Act 1979, and the provisions of the Hurstville Local Environmental Plan (LEP) and the Hurstville Development Control Plan (DCP).

54. The proposal has been considered on its merits and is considered to be acceptable for the reasons outlined within this report. The proposal is reasonable given that the objectives of the controls have been reasonably satisfied.

55. Following a detailed assessment contained within this report, it is considered that MOD2019/0191 should be approved subject to the modified conditions of consent which will ensure protection of late evening amenity on residential apartments in the locality.

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

56. The erection of the LED Digital Screen, Speakers and support structures within the Hurstville Central Plaza is recommended for approval having regard to:

· The proposed use was considered to be an appropriate use within the Plaza during assessment of the original approval to create the Plaza, DA2017/0049;

· The proposed use is a suitable facility to promote community advertisements, special events and public use of the Plaza;

· The proposed use is considered to be an acceptable extension of the original approved Plaza development;

· The proposed use is unlikely to result in any significant adverse amenity impacts for the locality;

· Suitable noise and light controls can be implemented and managed to ensure that the public amenity is not significantly impacted;

· The proposal is considered to be a minor modification to the approved Plaza development which remains substantially the same development.

57. That the Georges River Local Planning Panel, as the consent authority, pursuant to Section 4.55 (1A) of the Environmental Planning and Assessment Act, 1979, grant approval to the requested modifications for the installation of an LED Digital Screen, Speakers and support structures (MOD2019/0191) to Development Consent DA 2017/0049 dated 27 June 2017 for construction of a public plaza including landscaping, paving, seating and public amenities at 296 Forest Road (and Diment Way), Hurstville, submitted on 23 October 2019 subject to the development consent being modified as follows:

1. Condition 1 to be modified as follows:

1. Approved Plans of Consent - The development must be implemented in accordance with the approved plans, specifications and details listed below and any supporting information submitted with the Development Application except as amended by any conditions attached to the Development Consent:

Architectural plans – Submitted with Mod 2019/019, including:

Reference No.	Date	Description	Revision	Prepared by
Dwg L2000	09/12/18	General Arrangement Plan	J	Group GSA Pty Ltd
N/A	Undated	LED Screen Specifications and Elevations	N/A	N/A
N/A	Undated	Loudspeaker Noise Impact Diagram	N/A	N/A

(This condition is amended as part of MOD2019/0191 (DA2017/0049))

23. Health - Lighting - General Nuisance - Any lighting on the site shall be designed so as not to cause a nuisance to other premises in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill or glare. Flashing, moving or intermittent lights or signs are prohibited.

(This condition is amended as part of MOD2019/0191 (DA2017/0049))

2. Conditions to be deleted:

Nil

3. Insert the following additional conditions to be numbered in the consent as follows:

General Conditions

1C Modified Consent- Modification Application MOD2019/0191 approval only relates to works for the erection of the proposed LED screen and frame, the four (4) speakers and the use of the LED screen and speakers.

Requirements of other Government Agencies

6A Ausgrid-The proposed LED screen and speakers must comply with relevant Ausgrid Network Standards and Safework NSW Codes of Practice for construction works near existing electrical assets. The “as constructed” minimum clearances to Ausgrids infrastructure must not be encroached by the building development. It also remains the responsibility of the developer and relevant contractors to verify and maintain these clearances onsite.

Prior to issue of Construction Certificate

9A Engineers Certification-The steel frame and LED screen shall be constructed in accordance with details submitted by a suitably qualified structural Engineer and the structure shall be certified by this Engineer as structurally adequate (i.e. complies with AS/NZS 1170 Parts 1, 2, & 3.)

Prior to issue of Occupation Certificate

20A Health - LED Screen Lighting Prior to the issue of any Occupation Certificate, a suitably qualified consultant shall certify that the lighting from the use of the LED screen shall comply with AS/NZS 4282:2019: Control of the obstructive effects of outdoor lighting. The development shall at all times comply with these standards.

Ongoing Conditions

23A Health - LED Screen- The use of the LED screen shall not cause a nuisance or annoy the occupants of nearby premises, nor cause a nuisance to motorists on nearby roads. In this regard the use of the LED screen must comply with AS/NZS 4282:2019 – Control of the obtrusive effects of outdoor lighting

23B Health - LED Screen Hours of operation - Hours of operation are approved as follows:

a) The core hours of operation of the amplified speaker system shall be limited to 8am to 10pm daily, apart from those days of operation for special events. Special events may include, festivals (e.g. Chinese New Year), sporting events (e.g. Olympic Events), musical presentations (e.g. Mardi Gras) or the like,

b) The core hours of operation of the LED Screen shall be 24 hours daily. Should screen brightness become an identifiable issue for local amenity then suitable restrictions are to be placed on screen lumen levels from 10pm to 8am daily, through the use of an automatic dimmer switch or by remote control via the operator.

c) Notwithstanding (a) and (b) above, the manner and hours of operation of the LED screen and speakers may be modified to accommodate the special events that may periodically occur and where the modification has been suitably notified for a period of fourteen (14) days on the LED screen display.

d) Council will review the operation of the facilities on the bi-annual anniversary of the original consent or as part of any modification request referred to in (c) above, and will consider, among other things:

i. any acoustic assessment undertaken in accordance with the conditions of consent for this modification application;

ii. the performance of the operator of the Plaza facilities in relation to the compliance with the development consent conditions;

iii. any substantiated complaints received; and

iv. any views expressed during public consultation or from other stakeholders including the Police.

e) Following a review, Council may allow the use to continue to operate for the hours specified in (a) and (b) above, require the use to revert to the core hours of operation specified in (a) and (b) above or otherwise modify the condition as considered appropriate.

f) The purpose of the reviewable condition is to allow ongoing assessment of the hours of operation in relation to neighbourhood amenity, public safety and operational performance and allow management to demonstrate successful practices in relation to the above.

23C Health - Noise Control - The use of the LED screen and associated speakers must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997 (as amended).

23D Health - Acoustic Certification - Prior to the commencement of the use, a suitably qualified acoustic consultant shall certify that, subject to any appropriate amelioration measures being undertaken, the operation of the LED screen and associated speakers shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 (as amended) and Regulations.

23E Health - Periodic Acoustic Report - Verification of Noise report – On a bi-annual basis for a minimum period of six (6) years from the date of commencement of operation, an acoustic assessment is to be carried out by an appropriately qualified acoustic consultant, in accordance with the EPA's Noise Policy for Industry and submitted to Council for consideration. This report should include but not be limited to:

i. an analysis of noise generation on six (6) occasions annually, inclusive of at least three (3) amplified events (if at least three events are held annually), carried out from monitoring points at each end of the Plaza, being Forest Road and Croft Avenue.

ii. details verifying that the noise control measures can be implemented which are effective in attenuating noise to an acceptable noise level; and

iii. that the use is not calculated to give rise to ‘offensive noise’ as defined under the provision of the Protection of the Environment Operation Act 1997 (as amended).

Consolidated Conditions of Consent DA2017/0049

Schedule A – Conditions of Consent

GENERAL CONDITIONS

These conditions have been imposed to ensure that the development is carried out in accordance with the approved plans and to ensure that the appropriate fees and bonds are paid in relation to the development.

1. Approved Plans - The development must be implemented in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council’s approved stamp, except where marked up on the plans and/or amended by conditions of this consent:

Reference No.	Date	Description	Revision	Prepared by
DA_C2.01	16/02/17	Locality Plan	1	Northrop
DA_C3.01	06/03/17	Site work and Stormwater Management Plan	2	Northrop
160861 1001	17/02/17	Landscape Plan	B	Group GSA Pty Ltd
L144M_SK02-01	17/02/17	Lighting category intent	B	N/A
L144M_SK02-02	17/02/17	Lighting design intent	B	N/A
L144M_SK02-03	17/02/17	Lighting intent legend	B	N/A
L144M_SK02-04	17/02/17	Propose electrical equipment	B	N/A
Dwg L2000	09/12/18	General Arrangement Plan	J	Group GSA Pty Ltd
N/A	Undated	LED Screen Specifications and Elevations	N/A	N/A
N/A	Undated	Loudspeaker Noise Impact Diagram	N/A	N/A

(This condition is amended as part of MOD2019/0191 (DA2017/0049))

1A. The inground fixings and table settings adjacent to the north western boundary near 300 Forest Road are to be deleted.

1B. The substation is to be placed underground if permitted by Ausgrid.

1C. Modified Consent - Modification Application MOD2019/0191 approval only relates to works for the erection of the proposed LED screen and frame, the four (4) speakers and the use of the LED screen and speakers.

(This condition is added as part of MOD2019/0191 (DA2017/0049))

2. Fees to be paid to Council - The fees listed in the table below must be paid in accordance with the conditions of this consent and Council’s adopted Fees and Charges applicable at the time of payment.

Payments must be made prior to the issue of the Construction Certificate or prior to the commencement of work (if there is no associated Construction Certificate).

Please contact Council prior to the payment of Section 94 Contributions to determine whether the amounts have been indexed from that indicated below in this consent and the form of payment that will be accepted by Council.

Form of payment for transactions $500,000 or over - Council will only accept Bank Cheque or Electronic Funds Transfer (EFT) for transaction values of $500,000 or over. Council must be contacted prior to payment to determine correct total amount to be paid and bank account details (if applicable)

(a) Fees to be paid:

Fee types, bonds and contributions

Fee Type

Long Service Levy (to Long Service Corporation)

3. Long Service Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

4. Engineering - Section 138 Roads Act and Section 68 Local Government Act 1993

Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

A separate approval is required to be lodged and approved under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath):

(a) Placing or storing materials or equipment;

(b) Placing or storing waste containers or skip bins;

(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f) Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

(i) Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j) Stormwater and ancillary works in the road reserve; and

(k) Stormwater and ancillary to public infrastructure on private land

(l) If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

The relevant Application Forms for these activities can be downloaded from Georges River Council’s website at: www.georgesriver.nsw.gov.au

For further information, please contact Council’s Customer Service Centre on (02) 9330 6400.

5. Building - Hoarding Application - Prior to demolition of the buildings on the site or the commencement of work above ground level a separate application for the erection of an A class (fence type) or a B class (overhead type) hoarding or C type scaffold, in accordance with the requirements of Work Cover Authority of NSW, must be erected along that portion of the footways/roadway where the building is within 3.0 metres of the street boundary. An application for this work under Section 68 of the Local Government Act 1993 and the Roads Act 1993 must be submitted for approval to Council.

The following information is to be submitted with a Hoarding Application under Section 68 of the Local Government Act and Section 138 of the Roads Act 1993:

(a) A site and location plan of the hoarding with detailed elevation, dimensions, setbacks, heights, entry and exit points to/from the site, vehicle access points, location of public utilities, electrical overhead wire protection, site management plan and builders sheds location; and

(b) Hoarding plan and details that are certified by an appropriately qualified engineer; and

(c) The payment to Council of a footpath occupancy fee based on the area of footpath to be occupied and Council's Schedule of Fees and Charges (available on our website) before the commencement of work; and

A Public Risk Insurance Policy with a minimum cover of $10 million in relation to the occupation of and works within Council's road reserve, for the full duration of the proposed works, must be obtained a copy provided to Council. The Policy is to note Council as an interested party.

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

These conditions have been imposed by other NSW Government agencies either through their role as referral bodies, concurrence authorities or by issuing General Terms of Approval under the Integrated provisions of the Environmental Planning and Assessment Act 1979.

6. Sydney Water - Trade Waste Agreements - A Trade Waste Agreement with Sydney Water may be required. Details of any work required to comply with the agreement must be detailed on the plans lodged with the Construction Certificate. If no trade waste agreement or grease trap is required, a letter from Sydney Water to this effect must be submitted with the application for the Construction Certificate.

6A Ausgrid-The proposed LED screen and speakers must comply with relevant Ausgrid Network Standards and Safework NSW Codes of Practice for construction works near existing electrical assets. The “as constructed” minimum clearances to Ausgrids infrastructure must not be encroached by the building development. It also remains the responsibility of the developer and relevant contractors to verify and maintain these clearances onsite.

(This condition is added as part of MOD2019/0191 (DA2017/0049))

7A. Ausgrid - Substation or Kiosk - Ausgrid shall be consulted to determine the relocation of the substation from Diment Way and this is to be addressed as follows:

(a) written confirmation of Ausgrid's requirements is to be submitted prior to the issue of the Construction Certificate; and

(b) Ausgrid's requirements are to be met before the issue of the Occupation Certificate.

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

These conditions either require modification to the development proposal or further investigation/information prior to the issue of the Construction Certificate to ensure that there is no adverse impact.

7. Building - Vibration Damage - To minimise vibration damage and loss of support to the buildings in close proximity to the development, any excavation is to be carried out by means of a rock saw and if available, in accordance with the guidelines of the Geotechnical Engineer’s report.

Alternatively where a hydraulic hammer is to be used within 30 metres of any building (other than a path or a fence) a report from a qualified geotechnical engineer detailing the maximum size of hammer to be used is to be obtained and the recommendations in that report implemented during work on the site. The report shall be submitted with the Construction Certificate application.

8. Development Assessment - Construction Site Management Plan - Major Development - A Site Management Plan must be submitted with the application for the Construction Certificate, and must include the following measures:

· location of protective site fencing;

· location of site storage areas/sheds/equipment;

· location of building materials for construction, e.g. stockpiles

· provisions for public safety;

· dust control measures;

· method used to provide site access location and materials used;

· details of methods of disposal of demolition materials;

· method used to provide protective measures for tree preservation;

· provisions for temporary sanitary facilities;

· location and size of waste containers/skip bins;

· details of proposed sediment and erosion control measures;

· method used to provide construction noise and vibration management;

· construction traffic management details.

The site management measures are to be implemented prior to the commencement of any works including demolition and excavation. The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity. A copy of the Site Management Plan must be retained on site and is to be made available upon request.

9. Building - Structural details - Structural plans, specifications and design statement prepared and endorsed by a suitably qualified practising structural engineer who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the Certifying Authority for any of the following, as required by the building design:

(a) piers

(b) footings

(d) columns

(e) structural steel

(f) reinforced building elements

(g) swimming pool design

(h) retaining walls

(i) stabilizing works

(j) structural framework

9A Engineers Certification - The steel frame and LED screen shall be constructed in accordance with details submitted by a suitably qualified structural Engineer and the structure shall be certified by this Engineer as structurally adequate (ie complies with AS/NZS 1170 Parts 1, 2, and 3).

(This condition is added as part of MOD2019/0191 (DA2017/0049))

10. Stormwater - Detailed hydraulic plans indicating pipe diameters, pit sizes, invert and outlet levels of the proposed pits and pipes and hydraulic grade line analysis for the proposed pipe works shall be provided with the Construction Certificate documents.

11. Development Assessment - Landscape Plan - A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted prior to the issue of the Construction Certificate. The plan must include:

(i) Location of existing and proposed structures on the site including existing trees (if applicable);

(ii) Details of earthworks including mounding and retaining walls and planter boxes (if applicable);

(iii) Location, numbers and type of plant species;

(iv) Details of planting procedure and maintenance;

(v) Details of drainage and watering systems.

(vi) Undergrounding of the substation if permitted by Ausgrid

12. Building - Access for Persons with a Disability - Access and sanitary facilities for persons with disabilities must be provided to the premises/building in accordance with the requirements of the Premises Standards, the Building Code of Australia, and AS 1428.1. Details must be submitted with the Construction Certificate application.

13. Building - Compliance with Access, Mobility and Disability Discrimination Act - The Construction Certificate application must be accompanied by detailed working plans and a report or a Certificate of Compliance from an Accredited Access Consultant certifying that the design and access through the plaza complies with relevant Australian Standards for Access and the Disability Discrimination Act 1992.

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

14. Building regulation - Site sign - Soil and Erosion Control Measures - Prior to the commencement of works (including demolition and excavation), the durable site sign issued by Georges River Council in conjunction with this consent must be erected in a prominent location on site. The site sign warns of the penalties which apply to pollution, storing materials on road or footpath and breaches of the conditions relating to erosion and sediment controls. The sign must remain in a prominent location on site up until the completion of all site and building works.

15. Development Assessment - Demolition and Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2011 - Demolition of Structures, NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011. The work plans required by AS2601-2001 shall be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement shall be submitted to the Principal Certifying Authority prior to the commencement of works.

For demolition work which involves the removal of asbestos, the asbestos removal work must be carried out by a licensed asbestos removalist who is licensed to carry out the work in accordance with the NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011 unless specified in the Act and/or Regulation that a license is not required.

The asbestos removal work shall also be undertaken in accordance with the How to Safely Remove Asbestos: Code of Practice published by Work Cover NSW.

Copies of the Act, Regulation and Code of Practice can be downloaded free of charge from the Work Cover NSW website: www.workcover.nsw.gov.au

16. Development Assessment - Demolition Notification Requirements - The following notification requirements apply to this consent:

a) The developer /builder must notify adjoining residents five (5) working days prior to demolition. Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority. Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

b) Five (5) working days prior to demolition, the developer/builder is to provide written notification to Georges River Council advising of the demolition date, details of the WorkCover licensed asbestos demolisher and the list of residents advised of the demolition.

c) On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.

17. Development Assessment - Demolition work involving asbestos removal - Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under clause 458 of the Work Health and Safety Regulation 2011.

18. Engineering - Dial before your dig - The applicant shall contact “Dial Before You Dig on 1100” to obtain a Service Diagram prior to the issuing of the Construction Certificate. The sequence number obtained from “Dial Before You Dig” shall be forwarded to Council’s Engineers for their records.

DURING WORK

These conditions have been imposed to ensure that there is minimal impact on the adjoining development and surrounding locality during the construction phase of the development.

19. Building - Structural Engineer’s Certification during construction - The proposed building must be constructed in accordance with details designed and certified by the practising qualified structural engineer. All structural works associated with the foundations, piers, footings and slabs for the proposed building must be inspected and structurally certified for compliance by an independent practising geotechnical and structural engineer. In addition a Compliance or Structural Certificate, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority at each stage of construction or prior issue of the Occupation Certificate.

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

20. Health - Noise from Mechanical plant and equipment - Noise from the operation of mechanical, equipment, ancillary fittings, machinery, mechanical ventilation system and/or refrigeration systems must not give rise to offensive noise as defined under the Protection of the Environment Operations Act 1997 (as amended) and will comply with the noise intrusion criteria as defined under the NSW Industrial Noise Policy published by the Environment Protection Authority.

A professional acoustic engineer shall be engaged to certify that the design and construction of all sound producing plants and equipment associated with the building complies with the above requirements. Certification shall be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

20A. Health - LED Screen Lighting - Prior to the issue of any Occupation Certificate, a suitably qualified consultant shall certify that the lighting from the use of the LED screen shall comply with AS/NZS 4282:2019: Control of the obstructive effects of outdoor lighting. The development shall at all times comply with these standards.

(This condition is added as part of MOD2019/0191 (DA2017/0049))

21. Building - The proposed structure(s) must be constructed in accordance with details designed and certified by the practising qualified structural engineer. In addition, Compliance or Structural Certificates, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority prior issue of the Occupation Certificate.

22. Development Assessment - Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

ONGOING CONDITIONS

These conditions have been imposed to ensure that the use or operation of the development does not adversely impact on the amenity of the neighbourhood or environment.

23. Health - Lighting - General Nuisance - Any lighting on the site shall be designed so as not to cause a nuisance to other premises in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill or glare. Flashing, moving or intermittent lights or signs are prohibited.

(This condition is aamended as part of MOD2019/0191 (DA2017/0049))

23A. Health - LED Screen - The use of the LED screen shall not cause a nuisance or annoy the occupants of nearby premises, nor cause a nuisance to motorists on nearby roads. In this regard the use of the LED screen must comply with AS/NZS 4282:2019 – Control of the obtrusive effects of outdoor lighting

(This condition is added as part of MOD2019/0191 (DA2017/0049))

23B. Health - LED Screen Hours of operation - Hours of operation are approved as follows:

a) The core hours of operation of the amplified speaker system shall be limited to 8am to 10pm daily, apart from those days of operation for special events. Special events may include, festivals (eg Chinese New Year), sporting events (eg Olympic Events), musical presentations (eg Mardi Gras) or the like,

i. any acoustic assessment undertaken in accordance with the conditions of consent for this modification application;

ii. the performance of the operator of the Plaza facilities in relation to the compliance with the development consent conditions;

iii. any substantiated complaints received; and

iv. any views expressed during public consultation or from other stakeholders including the Police.

(This condition is added as part of MOD2019/0191 (DA2017/0049))

23C. Health - Noise Control - The use of the LED screen and associated speakers must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997 (as amended).

(This condition is added as part of MOD2019/0191 (DA2017/0049))

23D. Health - Acoustic Certification - Prior to the commencement of the use, a suitably qualified acoustic consultant shall certify that, subject to any appropriate amelioration measures being undertaken, the operation of the LED screen and associated speakers shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 (as amended) and Regulations.

(This condition is added as part of MOD2019/0191 (DA2017/0049))

23E. Health - Periodic Acoustic Report - Verification of Noise report – On a bi-annual basis for a minimum period of six (6) years from the date of commencement of operation, an acoustic assessment is to be carried out by an appropriately qualified acoustic consultant, in accordance with the EPA's Noise Policy for Industry and submitted to Council for consideration. This report should include but not be limited to:

ii. details verifying that the noise control measures can be implemented which are effective in attenuating noise to an acceptable noise level; and

iii. that the use is not calculated to give rise to ‘offensive noise’ as defined under the provision of the Protection of the Environment Operation Act 1997 (as amended).

(This condition is added as part of MOD2019/0191 (DA2017/0049))

24. Health - Amenity of the neighbourhood - The implementation of this development shall not adversely affect the amenity of the neighbourhood or interfere unreasonably with the comfort or repose of a person who is outside the premises by reason of the emission or discharge of noise, fumes, vapour, odour, steam, soot, dust, waste water, waste products, grit, oil or other harmful products.

No vegetation, article, building material, waste or the like shall be ignited or burnt whatsoever or in association with the work on site.

ADVICE

This advice has been included to provide additional information and where available direct the applicant to additional sources of information based on the development type.

Not applicable

Schedule B – Prescribed Conditions

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

It is the responsibility of the beneficiary of this consent to determine which prescribed conditions apply.

25. Clause 98 – Building Code of Australia & Home Building Act 1989 - Requires all building work to be carried out in accordance with the Building Code of Australia. In the case of residential building work to which the Home Building Act 1989 relates, there is a requirement for a contract of insurance to be in force before any work commences.

26. Clause 98A – Erection of Signs - Requires the erection of signs on site and outlines the details which are to be included on the sign. The sign must be displayed in a prominent position on site and include the name and contact details of the Principal Certifying Authority and the Principal Contractor.

27. Clause 98B – Home Building Act 1989 - If the development involves residential building work under the Home Building Act 1989, no work is permitted to commence unless certain details are provided in writing to Council. The name and licence/permit number of the Principal Contractor or Owner Builder and the name of the Insurer by which work is insured under Part 6 of the Home Building Act 1989.

28. Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

Schedule C – Operational & Statutory Conditions

These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au.

It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.

29. Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued by the consent authority, the Council (if the Council is not the consent authority) or an accredited certifier.

An application form for a Construction Certificate is attached for your convenience.

30. Appointment of a Principal Certifying Authority - The erection of a building must not commence until the beneficiary of the development consent has:

(a) appointed a Principal Certifying Authority (PCA) for the building work; and

(b) if relevant, advised the PCA that the work will be undertaken as an Owner-Builder.

If the work is not going to be undertaken by an Owner-Builder, then the beneficiary of the consent must:

(a) appoint a Principal Contractor to undertake the building work. If residential building work (within the meaning of the Home Building Act 1989) is to be undertaken, the Principal Contractor must be a holder of a contractor licence; and

(b) notify the PCA of the details of any such appointment; and

(c) notify the Principal Contractor of any critical stage inspections or other inspections that are required to be carried out in respect of the building work.

An Information Pack is attached for your convenience should you wish to appoint Georges River Council as the Principal Certifying Authority for your development.

31. Notification of Critical Stage Inspections - No later than two (2) days before the building work commences, the PCA must notify:

(a) the consent authority and the Council (if not the consent authority) of his or her appointment; and

(b) the beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the building work.

32. Notice of Commencement - The beneficiary of the development consent must give at least two (2) days notice to the Council and the PCA of their intention to commence the erection of a building.

A Notice of Commencement Form is attached for your convenience.

33. Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifying Authority. The critical stage inspections required to be carried out vary according to Building Class under the Building Code of Australia and are listed in Clause 162A of the Environmental Planning and Assessment Regulation 2000.

34. Notice to be given prior to critical stage inspections - The principal contractor for a building site, or the owner-builder, must notify the principal certifying authority at least 48 hours before each required inspection needs to be carried out.

Where Georges River Council has been appointed PCA, forty eight (48) hours notice in writing, or alternatively twenty four (24) hours notice by facsimile or telephone, must be given to when specified work requiring inspection has been completed.

35. Occupation Certificate - A person must not commence occupation or use of the whole or any part of a new building unless an Occupation Certificate has been issued in relation to the building or part.

Only the Principal Certifying Authority appointed for the building work can issue the Occupation Certificate.

An Occupation Certificate Application Form is attached for your convenience.

ATTACHMENTS

Attachment ⇩1

Final Plans - 296 Forest Rd Hurstville

Georges River Council – Local Planning Panel Thursday, 17 December 2019

Page 93

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Tuesday, 17 December 2019

LPP Report No	LPP062-19	Development Application No	DA2018/0059
Site Address & Ward Locality	261 Princes Highway Carlton Kogarah Bay Ward
Proposed Development	Demolition of existing building, lot consolidation, tree removal and construction of a new five (5) storey shop top housing development including two (2) levels of basement parking
Owners	Kirshu Pty Ltd
Applicant	MHN Design Union
Planner/Architect	MHN Design Union
Date Of Lodgement	22/02/2018
Submissions	Two (2)
Cost of Works	$15,471,770.00
Local Planning Panel Criteria	SEPP 65 Application under Ministers Direction of 23 February 2018
List of all relevant s.4.15 matters (formerly s79C(1)(a))	State Environmental Planning Policy No.65 – Design Quality of Residential Apartment Development, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, State Environmental Planning Policy (Building Sustainability Index: BASIX)2004, Greater Metropolitan Regional Environmental Plan No.2 – Georges River Catchment, State Environmental Planning Policy No.55 – Remediation of Land, Draft State Environmental Planning Policy, Draft State Environmental Planning Policy – Remediation of Land, Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013
List all documents submitted with this report for the Panel’s consideration	Architectural Plans, Statement of Environmental Effects, Cardno Flood Report, Hydraulic Report Traffic Assessment Report, Acoustic Report, BASIX
Report prepared by	Consultant Planner

Recommendation

That the application be refused in accordance with the reasons stated in the report.

Summary of matters for consideration under Section 4.15

Have all recommendations in relation to relevant s4.15 matters been summarised in the Executive Summary of the assessment report?

Yes

Legislative clauses requiring consent authority satisfaction

Have relevant clauses in all applicable environmental planning instruments where the consent authority must be satisfied about a particular matter been listed, and relevant recommendations summarised, in the Executive Summary of the assessment report?

Yes

Clause 4.6 Exceptions to development standards

If a written request for a contravention to a development standard (clause 4.6 of the LEP) has been received, has it been attached to the assessment report?

Not Applicable

Special Infrastructure Contributions

Does the DA require Special Infrastructure Contributions conditions (under s7.24)?

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

Not Applicable Recommendation is for Refusal and the refusal reasons are available at the time the report is published.

Site Plan

Figure 1: Aerial Photograph of the subject site and locality outlined in red

Executive Summary

Proposal

1. The development application (DA) seeks consent for the demolition of existing structures, lot consolidation, tree removal and the construction of a five (5) storey shop top housing development comprising thirty six (36) units (13 x 1 bedroom, 21 x 2 bedroom and 2 x 3 bedroom units), one level of commercial/restaurant/café floor space, and two (2) levels of basement car parking for a total of ninety-seven (97) car parking spaces, new landscaping and associated site works. Two (2) business/retail tenancies totalling 1,289sqm, with dual access points off Ecole Street and Princes Highway, are to be located on the ground floor with vehicular access and a loading bay proposed from Ecole Street. Communal open space is provided on the podium level above the retail tenancy.

Figure 2: Photomontage of the proposed development as viewed from the Princes Highway frontage and the corner of Ecole Street (Source: MHN Union Architects).

Site and Locality

2. The subject site is legally identified as Lots 33 - 36 in DP 13023, with a street address of 261-265 Princes Highway, Carlton. The site is located on the corner of Princes Highway and Ecole Street, Carlton.

3. The subject site is located within 900m of Carlton Railway Station and approximately 1.5km to the south west of the Kogarah Town Centre.

4. The site is located on the Princes H with a frontage of approximately 39.90m to Princes Highway, a secondary frontage of 47.945m to Ecole Street with a splay to the corner of Ecole Street and Princes Highway of 2.145m. The site is currently occupied by a single storey; brick and iron roofed building previously used as a timber centre and has been a petrol station in the past. A majority of the site is hardstand area and access to the site is via Ecole Street.

5. The site is generally square in shape with a total area of 2,066sqm and a slope of approximately 1.0m from the northern corner to the western corner and a gentle grade along the eastern boundary to the Princes Highway frontage. Vehicular and pedestrian access to the site is via Ecole Street.

6. Across the Princes Highway from the site at 124 Princes Highway is the St Georges Leagues Club and associated child care centre, with the Beverley Park Golf Club further to the south east. To the east of the subject site across Ecole Street is the Carlton South Public School and 253 Princes Highway which currently has an application with Council for shop top housing which is presently under appeal. On the western side of Jubilee Avenue is 71-73 Jubilee Avenue which is the subject of a shop top housing development, this application is being reported to the Georges River Local Planning Panel on 12 December 2019. On the opposite side of Jubilee Avenue is Jubilee Oval and Kogarah Park. To the north and west of the site, in Ecole and Wheeler Streets, are various forms of low scale residential development.

7. Council amended its planning controls on 26 May 2017 via Kogarah Local Environmental Plan 2012 Amendment No.2, and introduced a new zoning, B6 Enterprise Corridor applying to the land fronting the Princes Highway between Westbourne Street and Jubilee Avenue, and half of the block between Francis Street and Westbourne Street. The new zoning provides a height and floor space uplift to allotments within this area to permit a higher density of development.

Zoning and Permissibility

8. The site is zoned ‘B6 Enterprise Corridor’ under the Kogarah Local Environmental Plan 2012 (KLEP). The development is defined as ‘shop top housing’ under KLEP, which is a permissible land use with consent in this zone, subject to compliance with a 65% maximum residential component under Clause 6.9.

Figure 3 - zoning of the subject site and surrounding allotments

Submissions

9. The development application was publicly exhibited in accordance with the provisions of the Kogarah Development Control Plan 2013. Two (2) submissions were received.

10. Amendments to the application received during the course of its assessment were not required to be publicly notified in accordance with the development control plan, as they related primarily to drainage works and did not result in significant additional environmental impacts.

Reason for referral to the Local Planning Panel

11. This development application is referred to the Local Planning Panel for consideration and determination as it comprises development to which State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development applies as required by the Ministerial Direction of 23 February 2018.

Planning and Design Issues

12. The proposal’s bulk, scale and form is generally considered an appropriate design response to the site when considered against the Design Quality Principles of State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development by the Design Review Panel. It is noted that a minor non-compliance for side boundary setbacks (being 259mm or 4.3% variation) to the western boundary with 3 Ecole Street occurs as a 6m minimum setback is required due to habitable rooms facing this boundary.

13. The proposal also fails to comply with the additional local provision for Development in Zone B6 contained within Clause 6.9 of KLEP 2012. This clause requires that the proposed development must not contain more than 65% of the gross floor area for shop top housing and a land use other than shop top housing have a minimum of 500sqm in gross floor area. The proposal provides 67.9% of its gross floor area as shop top housing and only 1289sqm (32.1%) of its gross floor area as business/retail floor space. The 65% requirement under Clause 6.9 is considered to be a development standard by definition and thus if it cannot be achieved the development should be supported by a Clause 4.6 variation to justify the non-compliance. In this instance a Clause 4.6 submission has not been lodged and the proposal is considered to be a prohibited development as it does not comply with the standard. Failure to meet the minimum alternative use floor space is contrary to the intent of the zoning and will create an undesirable and inappropriate precedent in this recently up-zoned locality.

14. The B6 Enterprise Corridor zone was introduced to encourage appropriate businesses and offer a range of employment opportunities. The intent of the new B6 zone was to renew the enterprise corridor and activate the street frontage through commercial/retail space, whilst also permitting a percentage of residential floor area above. The design is inconsistent with the desired future character of this precinct being the B6 Enterprise Corridor zone, as the development has not been designed to cater for a range of employment uses, including business, office, retail and light industrial uses.

15. The subject land is identified as being subject to the 1 in 100 year flood inundation and inadequate reports/documentation has been submitted to adequately address this concern, see Figure 4 below.

Figure 4: Flooding Map and 1 in 100 year flow path (Source Intramaps).

Blue – Flood Planning Area

Blue hatched – 1 in 100 year flood extent

16. The subject land is within the 1 in 100 year flow path extending from Carlton Station down to Beverley Park, and the proposed building footprint will more than double the size of the existing commercial building footprint currently constructed within the flow path. It is evident that the larger structure will result in higher and broader flows and will adversely impact the amenity of neighbouring land.

17. A public submission has raised concern with the orientation of the balconies/windows towards Carlton Public School. It is noted that the subject land is separated from the school by Ecole Street and thus acceptable separation is achieved, whilst it is also noted that the potential for overlooking is limited to the school carpark and back of the assembly hall only. Concern was also raised at the timing of demolition and construction periods, which should have suitable safety and remediation measures in place and preferably be programmed for during school holiday periods. Other amenity concerns raised related to traffic and whether the proposal will comply with recently adopted development standards.

18. The location of the loading bay at ground level adjacent to the entry ramp and residential entry points is not considered appropriate. The proposed loading bay will rely on a turntable service to ensure medium rigid vehicles can enter and leave the site in a forward direction. Vehicular and pedestrian safety is a concern given the site is located fronting a main road and is diagonally opposite the Carlton South Public School. The multiple vehicle and pedestrian openings along Ecole Street is likely to lead to confusion and potential conflicts in this location. The multiple pedestrian access points along Princes Highway are not considered well designed and result in confusion see Figure 5 below.

Figure 5: Ground Plan extract – multiple street entries (Source MHNUnion Architects).

Conclusion

19. The application has been assessed having regard to the Matters for Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, the provisions of the relevant State Environmental Planning Policies, Local Environmental Plan and Development Control Plans. Given the non-compliance with the side boundary setbacks under the Apartment Design Guidelines, the minimum alternative use area requirements for the B6 zone, design concerns with the flooding management, pedestrian and vehicular concerns with access/egress, overlooking concerns from the balconies/windows, the proposed development is considered to result in an unacceptable planning outcome.

20. As a result the application is recommended for refusal.

Report in Full

DESCRIPTION OF THE PROPOSAL

21. The development proposed is for the demolition of existing structures, lot consolidation, tree removal and the construction of a five (5) storey shop top housing development containing, thirty six (36) residential units, and one level of business/retail floor space above two (2) levels of basement car parking. In an attempt to resolve the drainage issues various sets of plans were lodged for consideration.

22. The most recent set of amended plans included a series of design changes which identified the need for the introduction of stormwater culverts to be inserted below the ground floor level, within the basement carpark, to drain flood water through to the Princes Highway drainage system in order to retain the current flow path of the overland flow across the site.

23. Details of the proposed design and layout of the development are as follows:

Basement 2 Plan

- 57 Residential car parking spaces (which includes 1 x car wash bay, 1 x accessible space and 7 of these spaces are for visitors).

- Sixteen (16) bicycle parking spaces (12 resident and 4 visitor).

- Three (3) lift and lobby areas.

- Thirty six (36) Storage areas.

- Two (2) fire egress stairs.

Basement 1 Plan

- 40 Car parking spaces comprising two (2) accessible spaces.

- Eight (8) commercial bicycle parking spaces.

- One (1) lift and lobby area (Only lift 3 services this level).

- Two (2) fire egress stairs.

- Three (3) garbage rooms.

- Switch, communication and plant rooms.

- Two (2) culverts for stormwater transfer.

Ground Floor Plan

- 1,272sqm of commercial/retail floor space with no sanitary facilities.

- Lift and lobby areas for the tenancies.

- Fire stair access to residential levels.

- Three (3) residential lift and lobby areas.

- Six (6) fire egress stairs.

- Loading bay with truck turntable, vehicular and pedestrian access off Ecole Street.

- Substation room and fire hydrant boosters fronting Ecole Street.

- Service entry for commercial tenancies from the loading bay area.

- Deep soil zone (165sqm) located in the north western portion of the subject site.

- Pedestrian pathways and tenancy bin storage adjacent to deep soil area.

- Two (2) pedestrian commercial entries off Princes Highway, with lift accessible access and two accesses off Ecole Street.

- Basement driveway access.

Level 1 Floor Plan

- 4 x 1 bedroom apartments (one of which has a private courtyard).

- 6 x 2 bedroom apartments (all of which have private courtyards).

- Three (3) Lift lobby areas and four (4) fire stairs.

- Communal area comprising 528sqm with communal toilet.

Level 2 Floor Plan

- 4 x 1 bedroom apartments.

- 6 x 2 bedroom apartments.

- Three (3) Lift lobby areas and four (4) fire stairs.

- Suspended walkway to connect two building elements and provide level access to lifts for Units 2.09 and 2.10.

Level 3 Floor Plan

- 4 x 1 bedroom apartments.

- 6 x 2 bedroom apartments.

- Three (3) Lift lobby areas and four (4) fire stairs.

- Suspended walkway to connect two building elements and provide level access to lifts for Units 3.09 and 3.10.

Level 4 Floor Plan

- 1 x 1 bedroom apartment.

- 3 x 2 bedroom apartments.

- 2 x 3 bedroom apartments.

- Two (2) Lift lobby areas and three (3) fire stairs.

DESCRIPTION OF THE SITE AND LOCALITY

24. The subject site is legally identified as Lots 33 to 36 in DP 13023, and has a street address of 261 Princes Highway, Carlton. The site is located on the corner of Princes Highway and Ecole Street Carlton.

25. The subject site is located within 900m of Carlton Railway Station and approximately 1.5km to the south west of the Kogarah Town Centre.

26. The site is a rectangular parcel of land and has north eastern frontage of 50.08m to Ecole Street, a secondary south eastern frontage of 41.295m to Princes Highway with a splay to the corner of Ecole Street and Princes Highway of 2.145m. The site is currently occupied by a single storey commercial building previously used as a timber centre and has been a petrol station in the past with a majority of the site a hardstand area. Vehicular and pedestrian access to the site is via Ecole Street.

27. The site has a total area of 2,066.5sqm. The land has a slope of approximately 1.0m from the rear to the front along the Ecole Street frontage and is relatively flat along the Princes Highway frontage.

28. Immediately to the east of the development site is 253 Princes Highway which accommodates an existing commercial/retail building with an at grade car park accessed via Ecole Street.

29. A development application was lodged on this site for a six (6) storey shop top housing development (DA2019/0116) which is currently under appeal with the Land and Environment Court.

30. Immediately further to the east of the site at 71-73 Jubilee Avenue has an application with Council for a shop top housing development, this is being reported to Georges River Local Planning Panel on 12 December 2019. The site currently accommodates a vehicle hire facility, whilst further to the north east is Carlton South Public School.

Figure 6: Princes Highway photograph of development site (Source SEE, GSA Planning).

Figure 7: Ecole Street photograph of development site (Source SEE, GSA Planning).

31. Across the Princes Highway from the site at 124 Princes Highway is the St Georges Leagues Club and associated child care centre, with the Beverley Park Golf Club further to the south east. To the north east of the subject site across Jubilee Avenue is Jubilee Oval and to the north east is Kogarah Park. To the west of the site are commercial premises along Princes Highway and residential housing in Ecole and Wheeler Streets.

32. The site is suitably serviced for stormwater purposes, see Figure 8 below. As illustrated at Figure 4 above, the site is impacted by overland flow affectation and management of inundation is required. It should be noted that Figure 8 indicatively identifies the Sydney Water service (Sewer) which extends across the southern portion of Lot 33, which is considered to be impacted by the development and may require relocation as part of any development of the subject land.

Figure 8: Development Services impacting locality (Source Intramaps).

Olive green – indicative location of Sydney Water infrastructure

Blue and Black lines and symbols – stormwater pit and pipes

Planning Assessment

33. The subject site has been inspected and the development has been assessed under the relevant Section 4.15, Matters for Consideration of the Environmental Planning and Assessment Act 1979.

Environmental Planning Instruments

State Environmental Planning Policies

34. Compliance with relevant State Environmental Planning Policies is summarised in the table as follows and discussed in more detail thereafter.

State Environmental Planning Policy	Complies
State Environmental Planning Policy No 55 - Remediation of Land	Yes
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004	Yes
State Environmental Planning Policy – Infrastructure	Yes
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017	No, refer to discussion further within report.
State Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development	Yes

State Environmental Planning Policy No 55 - Remediation of Land

35. SEPP 55 aims to promote the remediation of contaminated land in order to reduce the risk of harm to human health or any other aspect of the environment.

36. Clause 7 requires contamination and remediation to be considered in determining a development application. The consent authority must not consent to the carrying out of development on land unless it has considered whether or not the land is contaminated.

37. As part of the sale of this land in 2015 by the previous landowner, Ausgrid, a Detailed Site Investigation Report, dated July 2015 was prepared by Prensa and was submitted with the application, which concludes:

“The analytical results for soil and groundwater detected in samples analysed as part of this investigation indicated that there were no exceedances above adopted investigation levels, screening levels or groundwater assessment criteria that are considered significant……………..

Based on the review of historical information, the field observations, and the analytical results from the soil and groundwater sampling, while the former site uses indicated a potential source of contamination, the risk of the site being significantly contaminated is considered to be low…………….

It is recommended that the USTs identified on site are removed, and a validation assessment undertaken by a suitably qualified environmental consultant, to assess the risk posed by the presence of residual contamination associated with the USTs and to evaluate whether the site is suitable for a high density residential or commercial/industrial land use.”

Additionally, the application relies on an assessment under AS4976-2008 “The removal and disposal of underground petroleum storage tanks” prepared by Prensa. There is an Underground Petroleum Storage System Validation Report, dated July 2015, which concluded as follows:

“Based on the findings of the DSI and this UPSS Validation assessment completed by Prensa in October-December 2014 and February-March 2015, respectively, we have identified no reason with regard to potential for contamination that the site would not be suitable for the proposed high density residential use or ongoing commercial/industrial land use…………

With respect to the lead contamination in soil remaining in situ at the site, the site is currently not suitable for low density residential land use. In the unlikely event that the site may be redeveloped for a low density residential land use, the isolated soil displaying evidence of elevated lead concentrations will require management to reduce the potential risk to human health.”

38. Based on the information provided, it is evident that the site remains contaminated with lead trapped between two concrete slabs that will need to be removed and/or remediated as part of any approval which requires excavation on site exposing the contamination.

39. In conclusion, should approval be granted, a Remedial Action Plan (RAP) will be required to address the contamination removal. Given the density applicable to this site, it is likely that basement car parking will be proposed resulting in excavation which will result in the removal of the contaminated material and remediation of the site. Should contaminants not covered by the RAP be experienced during the development of the site, the development will need to cease and a remedial action plan being developed. Appropriate conditions would be imposed if the development was to be supported requiring remediation of the land to occur.

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

40. The State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 aims to ensure consistency in the implementation of a scheme to encourage sustainable residential development throughout New South Wales (also referred to as the ‘BASIX scheme’).

41. A BASIX certificate accompanies the DA verifying that the relevant water, energy and thermal comfort targets have been met by the proposal. Conditions of consent have been included in the recommendation to ensure the commitments required under the BASIX certificate will be satisfied by the proposed development.

State Environmental Planning Policy (Infrastructure) 2007

42. The aim of the Infrastructure SEPP is to facilitate the effective delivery of infrastructure across the State. The Policy also examines and ensures that the acoustic performance of buildings adjoining a rail corridor or busy arterial road is acceptable and internal amenity within units is reasonable given the impacts of adjoining infrastructure development

43. The DA was referred to Ausgrid on 17 September 2019 in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. At the time of writing this report, no response had been received. The DA may be determined in the event that no response has been received from Ausgrid within twenty one (21) days, ie 8 October 2019.

44. Clauses 101 (Development with a frontage to a classified road), 102 (Impact of road noise or vibration on non-road development) and 103 (Excavation in or immediately adjacent to corridors) of the SEPP, are relevant to this DA on the basis that the proposal involves the construction of residential accommodation on land adjacent to the road corridor of Princes Highway (having an annual average daily traffic volume exceeding 20,000 vehicles) and is likely to be adversely affected by road noise and/or vibration.

45. The application was referred to Roads and Maritime Services (RMS) for comment as the Princes Highway is an arterial road under their jurisdiction and RMS concurrence is required in accordance with Clause 101 of the Infrastructure SEPP. The proposal was forwarded to the RMS for concurrence on 17 September 2019. RMS provided a formal response on 16 October 2019 and raised no objection to the proposed development subject to the imposition of standard conditions, in particular the following:

“Detailed design plans and hydraulic calculations of any changes to the Roads and Maritime’s stormwater drainage system are to be submitted to Roads and Maritime for approval, prior to the commencement of any works.”

If approval was to be granted, and suitable stormwater management measures development for implementation, the recommended conditions would be included as part of the consent.

46. Clause 102 of the SEPP is relevant and states:

“(3) If the development is for the purposes of residential accommodation, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

(a) in any bedroom in the residential accommodation—35 dB(A) at any time between 10 pm and 7 am,

(b) anywhere else in the residential accommodation (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.”

47. An Acoustic Assessment Report was submitted with the application prepared by Renzo Tonin and Associates, dated 20 March 2018. The report addresses road traffic noise impact from Princes Highway and adjoining roads, and mechanical plant noise. The Draft Guidelines (Development near Rail Corridors and Busy Roads – Interim Guideline) include noise levels to be achieved for habitable areas (living and dining spaces, excluding kitchens, garages, hallways etc) of 40dB(A) at anytime.

48. If the development approval was to be granted a condition on the consent would be necessary to ensure the recommendations of the acoustic report are implemented during the construction of the building and appropriately certified to be consistent with the recommendations of the acoustic report after installation and prior to occupation.

49. The provisions and requirements of the Infrastructure SEPP have been addressed and satisfied by the proposal.

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

50. The State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (‘Vegetation SEPP’) regulates clearing of native vegetation on urban land and land zoned for environmental conservation/management that does not require development consent.

51. The Vegetation SEPP applies to clearing of:

a. Native vegetation above the Biodiversity Offset Scheme (BOS) threshold where a proponent will require an approval from the Native Vegetation Panel established under the Local Land Services Amendment Act 2016; and

b. Vegetation below the BOS threshold where a proponent will require a permit from Council if that vegetation is identified in the Council’s Development Control Plan (DCP).

52. The Vegetation SEPP repeals clauses 5.9 and 5.9AA of the Standard Instrument - Principal Local Environmental Plan, with the regulation of the clearing of vegetation (including native vegetation) below the BOS threshold being through any applicable DCP.

a. No issues arise in terms of the provisions of the Vegetation SEPP, as there is no significant vegetation on the site or within the footpath area of Ecole Street or Princes Highway immediately fronting the site.

53. The proposal seeks the removal of two (2) trees, T7 and T8 (Yellow Gum White Ironbarks) which are both located adjacent to the Ecole Street boundary. T8 is considered to be in poor health and should be removed whilst T7 is a healthy eucalypt which is adjacent to the building footprint and will be adversely impacted by the development.

54. T7 is considered able to be retained in a modified design, if the proposal had regard to the tree position. A more considered design would enable the retention of this tree and provide some bulk softening of the building façade at this northeast corner of the site which adjoins low density residential development. Should the application be approved then conditions could be imposed where the two (2) trees to be removed be replaced by four (4) trees within the deep soil western landscaped area.

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

55. The State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development (SEPP 65) aims to improve the design quality of residential apartment development in New South Wales.

56. The proposed development meets the pre-requisites for the application of the SEPP 65 in that it constitutes development for the purpose of ‘shop top housing’ in a proposed building of more than three (3) storeys and having more than four (4) dwellings. Therefore, it must be assessed against the provisions of SEPP 65 and the Apartment Design Guide (ADG).

57. A design verification statement dated 15 February 2018 has been provided by Brian Meyerson Registered Architect (Registration No. 4907) in accordance with Clause 50 of the Environmental Planning and Assessment Regulation 2000.

58. The DA has been reviewed by the Design Review Panel (DRP) and their comments are further detailed in the DRP discussions below.

Design Review Panel

59. The initial plans that accompanied the application were referred to the Design Review Panel (DRP) on 5 April 2018. The application was previously reviewed at Pre DA Stage (PreDA2017/0028) and the comments in relation to that submission are reiterated in the Table below in italics, with comments in relation to the current application following. The Panel was generally supportive of the form and character of the design.

60. Contextually this property and a number of other properties between Westbourne Street and Jubilee Avenue fronting the Princes Highway have been rezoned to B6 Enterprise Corridor to allow for developments that permit a floor space of 2:1 and a maximum height of 21m. The introduction of the B6 zone aims to ensure that bulky goods retail is grouped at a highly accessible location close to the major centre, whilst also permitting a mix of uses such as business, office and light industry. Residential development is also permissible however, the main objective of the zone is to encourage the redevelopment for commercial development there the floor space associated with residential has been restricted. The subject proposal needs to increase the amount of commercial space and reduce the amount of residential floor space to be consistent with the intent of the zoning.

61. The design quality principles of SEPP 65 are addressed as follows, in the context of the DRP comments. Commentary in response has been provided by the Assessment Officer where necessary.

SEPP 65 – Design Quality of Residential Flat Buildings

DRP Comment

General comment

Context and Neighbouring

Character

Good design responds and contributes to its context. Context is the key natural and built features of an area, their relationship and the character they create when combined. It also includes social, economic, health and environmental conditions.

Responding to context involves identifying the desirable elements of an area’s existing or future character. Well-designed buildings respond to and enhance the qualities and identity of the area including the adjacent sites, streetscape and neighbourhood.

Consideration of local context is important for all sites, including sites in established areas, those undergoing change or identified for change.

DA DRP comments

The site is located on the Princes Highway on a corner allotment and adjacent to Ecole Street. The site is zoned B6 Enterprise Corridor under the KLEP and to the rear of the site is a single storey house in an R2 zone. There are existing trees on the north western rear boundary adjacent to the house. In this precinct the existing development along the Highway is likely to see the zoning potential taken up.

Princes Highway is an arterial road and the subject site is exposed to constant high level noise. Ecole Street is a quiet residential street with minimal traffic.

Pre DA DRP comments

The site also adjoins low density residential areas especially to the north west. Therefore this interface needs to be provided with deep soil zone and existing trees must be retained and supplemented.

The site has been reasonably well described however the transitioning zone and the high levels of traffic noise have not been sufficiently prioritised in the current proposal.

The proposal has been amended after advice received from the Pre-DA and DRP. The building design has been altered from a U-shape to an L-shape building form and relocated the landscaped area from the south west boundary to the north west, providing a landscape buffer to the neighbouring low density housing.

The modified plans have resulted in an increase in the residential floor space and a reduction in the commercial floor space from 1,782sqm with a residential component of 1,145sqm), to 1,289sqm of commercial with a residential component of 2723sqm, resulting in only 32.1% retail or commercial component.

The design has been prepared with only limited regard to the flooding impacts affecting to the site. Due regard to flood and overland flow treatment in the design was required and this has been consistently raised as an ongoing concern to address the management of the potential for flooding on site.

Built Form and Scale

Good design achieves a scale, bulk and height appropriate to the existing or desired future character of the street and surrounding buildings.

Good design also achieves an appropriate built form for a site and the building’s purpose in terms of building alignments, proportions, building type, articulation and the manipulation of building elements.

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.

Basic plan form and massing is well considered and largely deals with the issues relating to road noise, residential amenity, and north east orientation. The communal open space at first floor level is generous in size, and easy to access. It is positive that an over 5m setback on the rear/side boundary has been provided to retain the existing trees and provide a buffer to the R2 zone.

The following detailed issues should be addressed:

· Resolution of the internal floor levels with the street frontages and public domain is problematic. The internal floor level is in some instances 1.6m above the footpath. The architect advised this is due to Council’s flood level requirements, however the Panel is concerned this may be excessive and significantly compromises the street frontage. It is recommended this be reviewed in further detail.

· The streetscape amenity on the Princes Highway is poor. Consider a setback of the ground floor frontage to allow for an awning within the subject site and sufficient space for the access stairs/wheelchair lifts. This would further allow for tree planting along the length of the Princes Highway frontage in the verge providing improved amenity for the units in the development.

· Location of the substation in the deep soil zone appears to not meet the usual access requirements of electricity supply authorities and should be located closer to Ecole Street and clear of deep soil zone.

· Provide adequate screening to ensure satisfactory acoustic conditions along open corridors and the courtyard space between the two (2) blocks facing Princes Highway.

· Provide sun protection for retail frontages along both Princes Highway and Ecole Street. The narrow awning on its own would be inadequate.

· Access from the commercial parking basement and the commercial tenancy space has not yet been resolved. The location of the lift and a stair needs to be considered taking into consideration potential for future subdivision of the tenancy space. The following matters should be taken into account - the accessibility risks of having one (1) lift and the needs of people with shopping trolleys, prams and strollers, as well as non-ambulant persons.

Pre DA DRP comments

The layout comprises a U shape form with two (2) open galleries to the south of each wing. The circulation is awkward and does not provide universal access to the central courtyard or through site visual links. Notably all of the setbacks are insufficiently sized which is liable to create issues at DA stage.

It is recommended that the built form is amended to include the following:

· Extend the highway facing wing to create a zero setback at its southern end

· Create a large garden facing the southern boundary

· Widen the Ecole Street wing to incorporate some double loaded circulation and cross through units

· Provide a deep soil zone 6m wide to the north west boundary

· Relocate the driveway to allow for the deep soil zone (building to bridge over it)

· Provide clear visual corridors into the communal open space; it is better for lobbies to have clear views to the garden

· It appears to make more sense to have both residential entries from Ecole Street, a residential street; and allow all commercial access from Princes Highway.

The proposal complies with the permitted FSR development standard under KLEP2012.

The proposals bulk and scale is an appropriate response to the site up-zoning.

Concerns remain with design aspects of the proposal relating to floor levels, street presentation, multiple entry points, substation location and access level, and internal layout arrangements.

Density

Good design achieves a high level of amenity for residents and each apartment, resulting in a density appropriate to the site and its context.

Appropriate densities are consistent with the area’s existing or projected population. Appropriate densities can be sustained by existing or proposed infrastructure, public transport, access to jobs, community facilities and the environment.

DRP DA Comments

Complaint and acceptable. However if minor exceedance is required to incorporate horizontal circulation spaces and enclosures for acoustic reasons, this is not an issue to the Panel given the generally high quality of the application.

Pre DA DRP comments

Acceptable provided built form and acoustic and air quality issues are resolved.

The proposal complies with the maximum FSR for the site.

Note: Although compliant with the FSR control, the proposal fails to meet the minimum commercial/retail floor space component of the FSR (which equates to 35% of the 2:1 floor space).

Sustainability

Good design combines positive environmental, social and economic outcomes.

Good sustainable design includes use of natural cross ventilation and sunlight for the amenity and liveability of residents and passive thermal design for ventilation, heating and cooling reducing reliance on technology and operation costs. Other elements include recycling and reuse of materials and waste, use of sustainable materials and deep soil zones for groundwater recharge and vegetation.

DRP DA Comments

Satisfactory subject t BASIX

Pre DA DRP comments

Alternative methods of ventilating the Highway facing units will be required in this case. Deep soil must meet ADG requirements and the existing trees on the north west boundary must be kept.

The DA proposal must include a well-considered raft of sustainability measures including the use of solar panels, water collection and re-use and other means to reduce energy use. Consider the use of kill switches for all units.

The proposal is BASIX compliant.

Landscape

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in attractive developments with good amenity. A positive image and contextual fit of well designed developments is achieved by contributing to the landscape character of the streetscape and neighbourhood.

Good landscape design enhances the development’s environmental performance by retaining positive natural features which contribute to the local context, co-ordinating water and soil management, solar access, micro-climate, tree canopy, habitat values and preserving green networks.

Good landscape design optimises useability, privacy and opportunities for social interaction, equitable access, respect for neighbours’ amenity and provides for practical establishment and long term management.

DRP DA Comments

The following is recommended:

· Further review of the communal courtyard - this should consider a smaller series of spaces alongside the larger space. This is to allow for capacity for a number of residents to share the space for a range of activities.

· Provision of additional facilities such as toilet (adjacent to or replacing the services duct at the western end of the building), children’s play areas, bbq, additional seating.

· Planting the narrow paved zone between Units 1.08 and 1.09 - this would provide additional buffer to the Princes Highway and provide privacy from overlooking from the bridge

· Provide additional tree planting on the rear boundary to supplement the existing trees

· Move the substation – refer comments above under ‘Built Form’

· Provide street tree planting on the Princes Highway – refer comments above under ‘Built Form’

Pre DA DRP comments

See notes above about deep soil zone and the retention of existing trees. The Panel recommends a landscape architect be consulted early in the design process to resolve site layout issues. All communal spaces must be universally accessible and clearly visible from all lobbies.

The Panel encouraged the use of green screen planting to the façade along Princes Highway. The Panel also encouraged the use of roof terraces for communal open space.

Notably the basement car park fills the site. This is unacceptable as deep soil to meet ADG requirements is essential on this site. Set downs and provision for soil depth to ADG standards are required for all communal open spaces proposed.

Landscaping is provided at ground level and within the Level 1 Podium communal open space area.

In response to the DRP comments the applicant modified the proposal to introduce a communal toilet at the Podium level and introduced a landscape buffer between the residential building forms, between Units 1.08 and 1.09 at the Podium level to provide additional screening.

Amenity

Good design positively influences internal and external amenity for residents and neighbours. Achieving good amenity contributes to positive living environments and resident wellbeing.

Good amenity combines appropriate room dimensions and shapes, access to sunlight, natural ventilation, outlook, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas and ease of access for all age groups and degrees of mobility.

DRP DA Comments

Generally of very good standard, particularly in terms of solar access and ventilation. A minor refinement would be to reconfigure the south eastern fire stair to provide a wider opening to the southern unit’s main bedrooms minimising the snorkel arrangement presently proposed.

The long narrow corridors at the ground floor providing access to residential lobbies 2 and 3 are spatially poor and claustrophobic. Some serious and creative thought should be given to making the access experience for residents pleasant and inviting.

The Panel was concerned that the adaptation process for the adaptable units would involve too many structural and plumbing changes and recommend that the plan of these units should be as close to the post adaptation layout as possible. The Panel also recommended that there should be more diversity in the adaptable units with thought being given to concentrating them at the Level 1 with immediate access to the communal area.

Pre DA DRP comments

See notes above regarding impacts of traffic noise and air quality as currently proposed. The units in themselves are well designed, however some of them do not have well resolved entries and their layouts adversely impact the building circulation and through visual links. The units appear not to be provided with sufficient storage.

See notes above regarding insufficiently sized setbacks between the habitable spaces and boundaries generally.

The driveway location requiring the removal of existing trees is not acceptable.

Residential lobbies should be more generous.

It is recommended that the commercial space is resolved to work with the residential layout, rather than vice versa.

The modified plans continue to have minor design issues for the residential amenity, including the continued snorkel effect off the master bedrooms for Units 1.10, 2.10 and 3.10, continuation with long individual access corridors to the residential lobbies and the small street front presentations for access to the lobbies

Apart from Units 1.10, 2.10 and 3.10, all units will provide a high level of internal and external amenity and the development complies overall with the ADG controls for solar access, cross ventilation, unit sizes and private open space areas.

Safety

Good design optimises safety and security within the development and the public domain. It provides for quality public and private spaces that are clearly defined and fit for the intended purpose.

Opportunities to maximise passive surveillance of public and communal areas promote safety.

A positive relationship between public and private spaces is achieved through clearly defined secure access points and well lit and visible areas that are easily maintained and appropriate to the location and purpose.

DRP DA Comments

See comments above regarding to retail floor level and access to lobbies.

Pre DA DRP comments

The large loading dock needs to be secured to avoid security issues. Gates to the communal area need to be provided from adjacent podium level residential courtyards.

Concerns remain with the separation, and in some instances isolation of, the residential lobby entries, particularly that adjacent to the substation/basement car park entry. A design with a more consolidated entry connecting the three lobby lifts would be more acceptable and provide a safer more defined and prominent entry.

Housing Diversity and Social Interaction

Good design achieves a mix of apartment sizes, providing housing choice for different demographics, living needs and household budgets.

Well-designed apartment developments respond to social context by providing housing and facilities to suit the existing and future social mix.

Good design involves practical and flexible features, including different types of communal spaces for a broad range of people and providing opportunities for social interaction among residents.

DRP DA Comments

See comments above regarding to retail floor level and access to lobbies.

Pre DA DRP comments

A good mix of units has been proposed. However the layout requires substantial review as noted above.

The plans incorporate a combination of 1, 2 and 3 bedroom units.

A suitable unit mix is proposed with a variety of unit layouts.

Aesthetics

Good design achieves a built form that has good proportions and a balanced composition of elements, reflecting the internal layout and structure.

Good design uses a variety of materials, colours and textures.

The visual appearance of a well designed apartment development responds to the existing or future local context, particularly desirable elements and repetitions of the streetscape.

DRP DA Comments

Satisfactory – high quality.

Pre DA DRP Comments

The sheet of reference examples includes a number of interesting architectural solutions that could work very well for a unit in this context. However the building language as proposed is undeveloped to achieve these aims.

The schedule of colours, materials and finishes are suitable in the locality.

Apartment Design Guide

62. Clause 28 of SEPP 65 requires the consent authority to take into consideration the provisions of the Apartment Design Guide. An assessment of the proposed development against the relevant design criteria of the Apartment Design Guide (ADG) is detailed in the compliance table as follows.

Section	Design Criteria	Proposed	Comply
3D - Communal and public open space	Communal open space has a minimum area equal to 25% of the site (2066 x 0.25 = 516.6sqm) Where it cannot be provided on ground level it should be provided on a podium or roof Developments achieve a minimum of 50% direct sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9 am and 3 pm on 21 June (mid-winter)	The primary area of communal open space is provided on the podium level and has an area of 582sqm (28%). 2 hours of sunlight is achieved to at least 50% of the Podium Level communal open space area, which is the principle area of communal open space for the development. The deep soil area in the western portion of the site is also available for use.	Yes
3E – Deep soil zones	Deep soil zones are required at a sliding scale in this clause. For a site area of >1500sqm, the deep soil zone requirement is 7% with minimum 6m dimensions.	Deep soil area is 160sqm (7.7%) and 5.691m in width and extends across the western boundary of the site and complies. The ADG recommends that on larger sites, >1500sqm, larger areas of deep soil should be provided.	Yes - It is noted however, that the site is square in shape and offers an opportunity for greater deep soil to be provided.
3F – Visual privacy	Separation between windows and balconies is provided to ensure visual privacy is achieved. Minimum required separation distances from buildings to the side and rear boundaries are as follows: Up to 12m (4 storeys) Habitable - 6m Non-habitable – 3m Up to 25m (5-8 storeys) Habitable – 9m Non-habitable – 4.5m	Ground to Level 4: South - Nil (blank wall) West – 5.471m The upper floor is the fifth level of the development South - Nil (blank wall) West - 17m.	No - The proposal has a 5.741m setback to the adjoining west residential boundary and does not achieve the 6m standard Yes
3G – Pedestrian Access and Entries	Building entries and pedestrian access connects to and addresses the public domain Multiple entries (including communal building entries and individual ground floor entries) should be provided to activate the street edge	The proposal provides for multiple residential entries to Princes Highway and Ecole Street. These entries remain narrow and uninviting and could be designed to provide a common highly legible entry point.	No - As this situation could be addressed to provide a safer more pronounced and defined entry point.
3H – Vehicle Access	Vehicle access points are designed and located to achieve safety, minimise conflicts between pedestrians and vehicles and create high quality streetscapes	The main driveway access point has been located from the secondary street frontage in Ecole Street. A loading bay is also proposed at ground level with separate driveway access from Ecole Street, relying on as turntable for manoeuvrability.	No - The location of the driveway is the most appropriate location for the subject site given it is away from the corner. The congested design around the driveway, loading bay, fire booster, substation and residential lobby facilities is not an ideal outcome.
3J – Bicycle and car parking	For development of this nature the following standards would apply: Commercial 1 space per 40m² Bulky Good 1 space per 40m² 1.0 car space per 1 Bed Unit 1.5 car space per 2 Bed Unit 2.0 car space per 3 Bed Unit 1.0 visitor car space per 5 Units The car parking needs for a development must be provided off street	Given the site is over 800m from Carlton Railway Station the required residential parking is calculated in accordance with the KDCP guidelines. · 1 bed units 1.0 x 13 = 13.0 spaces · 2 bed units 1.5 x 21 = 31.5 spaces · 3 bed units 2.0 x 2 = 4.0 spaces · 1 Visitor space per 5 units = 7.2 spaces Totalling 55.7 spaces with 57 provided. Commercial/Bulky Goods requires: 1,289/40 = 32.2 spaces Proposal has 40 spaces A visitor space doubles as a carwash bay on basement level 2. Twelve (12) bicycle spaces have been provided for the residents and four (4) for visitors. Eight (8) bicycle spaces have been provided for the commercial.	Yes.
4A – Solar and daylight access	Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9am and 3pm at mid-winter in the Sydney Metropolitan Area and in the Newcastle and Wollongong local government areas A maximum of 15% of apartments in a building receive no direct sunlight between 9am and 3pm at mid-winter	Application contends 100% (36 units) compliance achieved for a minimum of 2 hours sunlight in midwinter. It appears questionable as to whether Units 1.09, 2.09 and 3.09 will achieve the 2 hour standard; however, even with these units excluded the proposal would achieve compliance with 33 units (92%) N/A	Yes N/A
4B – Natural ventilation	At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building. Apartments at ten storeys or greater are deemed to be cross ventilated only if any enclosure of the balconies at these levels allows adequate natural ventilation and cannot be fully enclosed. Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line.	72% (26 units) are cross ventilated.	Yes
4C – Ceiling heights	Measured from finished floor level to finished ceiling level, minimum ceiling heights are: · Habitable rooms 2.7m · Non-habitable rooms 2.4m · For 2 storey apartments: 2.7m for main living area floor 2.4m for second floor, where its area does not exceed 50% of the apartment area · Attic spaces: 1.8m at edge of room with a 30 degree minimum ceiling slope · If located in mixed use areas - 3.3m for ground and first floor to promote future flexibility of use These minimums do not preclude higher ceilings if desired.	All of the proposed units have ceiling heights of 2.7m. The commercial component includes floor to ceiling at ground of 4100mm and first floor residential has 2800mm. The proposal does not comply with the ADG flexibility requirement, although this could be achieved conditionally, if required, as the building is comfortably under the height control.	No - The desire for flexibility in use over the first two floor levels is not supported by the proposed design. The desirability for this flexibility is inherent in the B6 zoning of the land and should be required.
4D – Apartment size and layout	Apartments are required to have the following minimum internal areas: Studio – 35sqm 1 bedroom – 50sqm 2 bedroom – 70sqm 3 bedroom – 90sqm The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5sqm each A fourth bedroom and further additional bedrooms increase the minimum internal area by 12sqm each.	All apartments meet minimum internal size requirements. N/A 56sqm 75sqm 95sqm Calculated accordingly. N/A	Yes Yes N/A
	Every habitable room must have a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms.	Provided and within the prescribed range.	Yes
	Habitable room depths are limited to a maximum of 2.5m x the ceiling height.	All within the prescribed range.	Yes
	In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window	All within the prescribed range.	Yes
	Master bedrooms have a minimum area of 10sqm and other bedrooms 9sqm (excluding wardrobe space)	All master bedrooms comply.	Yes
	Bedrooms have a minimum dimension of 3m (excluding wardrobe space)	All bedrooms comply.	Yes
	Living rooms or combined living/dining rooms have a minimum width of: · 3.6m for studio and 1 bedroom apartments · 4m for 2 and 3 bedroom apartments	All living rooms comply.	Yes
	The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts.	All of the proposed units are in excess of 4m in width internally.	Yes
4E – Private open space and balconies	All apartments are required to have primary balconies as follows: · Studio apartments require 4sqm with no min depth · 1 bedroom apartments require 8sqm with min depth 2m · 2 bedroom apartments require 10sqm with min depth 2m · 3+ bedroom apartments require 12sqm with minimum 2.4m depth The minimum balcony depth to be counted as contributing to the balcony area is 1m. For apartments at ground level or on a podium or similar structure, a private open space is provided instead of a balcony. It must have a minimum area of 15sqm and a minimum depth of 3m.	All balconies achieve the minimum area and depth requirements associated with the unit type. Calculated accordingly. Units Fronting Ecole Street have courtyards of 13sqm – 14sqm and 2-3m width, however, they also have 8sqm balconies and are considered to achieve the intent of the standard.	Yes Yes Although 15sqm and 3m in width is not achieved, the resident amenity is satisfied.
4F – Common circulation and spaces	The maximum number of apartments off a circulation core on a single level is eight.	A maximum of 3 units at each level for each lift.	Yes
4F – Common circulation and spaces	For buildings of 10 storeys and over, the maximum number of apartments sharing a single lift is 40.	N/A	N/A
4G - Storage	In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided: · Studio apartments 4m³ · 1 bed apartments 6m³ · 2 bed apartments 8m³ · 3+ bed apartments 10m³ At least 50% of the required storage is to be located within the apartment.	All units have compliant total storage volumes as per the ADG for each unit type. N/A 7m³ 9m³ 10m³ At least 50% of the required storage is located within the apartment.	Yes Yes
4H – Acoustic Privacy	Adequate building separation is provided within the development and from neighbouring buildings/adjacent uses. Window and door openings are generally orientated away from noise sources Noisy areas within buildings including building entries and corridors should be located next to or above each other and quieter areas next to or above quieter areas Storage, circulation areas and non-habitable rooms should be located to buffer noise from external sources	An assessment in respect to the acoustic compliance of the scheme has been discussed in detail above. If the application was to be supported conditions would be imposed to achieve the noise criterion set by RMS for internal amenity.	Yes
4J – Noise and Pollution	To minimise impacts the following design solutions may be used: • physical separation between buildings and the noise or pollution source • residential uses are located perpendicular to the noise source and where possible buffered by other uses • buildings should respond to both solar access and noise. Where solar access is away from the noise source, non-habitable rooms can provide a buffer • landscape design reduces the perception of noise and acts as a filter for air pollution generated by traffic and industry	The design solution within the ADG which seeks to minimise noise and acoustic impacts have been considered through the design and layout of apartments. If the application was to be supported than a condition for compliance with the acoustic criterion would be imposed.	Yes
4K- Apartment Mix	A range of unit types and sizes is provided to cater for different household types now and into the future The unit mix is distributed to suitable locations within the building	The development offers a mix of 1, 2 and 3 bedroom units in the following manner; 13 x 1 bedroom units = 36% 21 x 2 bedroom units = 58% 2 x 3 bedroom = 6%	Yes
4L – Ground floor apartments	Street frontage activity is maximised where ground floor units are located. Design of ground floor units delivers amenity and safety for residents	No ground floor units proposed.	N/A
4M- Facades	Facades should be well resolved with an appropriate scale and proportion to the streetscape and human scale.	The building façade provides articulation along the street frontages at an appropriate scale. Due to the flood affected nature of the site, the ground level is elevated 1600mmabove the ground level along the Princes Highway frontage. It is noted that the access arrangement to the residential lobbies is disjointed, convoluted and sporadic along the frontages.	No - The design provides for reasonable articulation but does not adequately respond to lobby entry needs leading to a complex and busy and note well defined streetscape.
4N- Roof Design	Roof treatments are integrated into the building design and positively respond to the street. Opportunities to use roof space for residential accommodation and open space are maximised. Incorporates sustainability features.	The roof design is a standard flat roof form.	Yes
4O – Landscape Design	Landscape design is viable and sustainable, contributes to the streetscape and amenity	Suitable landscaping has been proposed which complies with minimum requirements.	Yes
4P – Planting on structures	Planting on structures – appropriate soil profiles are provided, plant growth is optimised with appropriate selection and maintenance, contributes to the quality and amenity of communal and public open spaces	Suitable landscaping is proposed as part of formal Landscape Plan.	Yes
4Q – Universal Design	Universal design – design of units allow for flexible housing, adaptable designs, accommodate a range of lifestyle needs	Satisfactory, adaptable units proposed for Units 1.04, 2.04, 3.04, 4.04, 1.07, 2.07 and 3.07.	Yes
4R – Adaptive reuse	Adaptive reuse as unit of existing buildings- new additions are contemporary and complementary, provide residential amenity while not precluding future adaptive reuse.	N/A as the development is new.	N/A
4S Mixed Use	Mixed use developments are provided in appropriate locations and provide active street frontages that encourage pedestrian movement Residential levels of the building are integrated within the development, and safety and amenity is maximised for residents.	The proposal provides an active street frontage and a practical connection between the development and the public domain considering the flood level clearance requirements. This does, however, result in a high street front commercial/retail entry which physically disconnects the development from pedestrians at street level. The residential units are located from the first floor level and above and have been integrated into the development. The unit entry foyer locations and sizes remain matters of concern for safety and amenity reasons, being narrow, isolated and not well designed.	No No
4U – Energy Efficiency.	Development incorporates passive environmental design, passive solar design to optimise heat storage in winter and reduce heat transfer in summer, natural ventilation minimises need for mechanical ventilation	Appropriate building orientation and a compliant BASIX certificate has been provided.	Yes
4V – Water management and conservation	Water management and conservation – potable water use is minimised, stormwater is treated on site before being discharged, flood management systems are integrated into the site design	The stormwater drainage plans have been assessed and remain an issue for Council’s Drainage Engineers as they do not adequately respond to the existing flooding and overland flow issues and remains unsatisfactory.	No
4W – Waste Management	Waste management – storage facilities are appropriately designed, domestic waste is minimised by convenient source separation and recycling	The residential bin stores are appropriately located within basement level 1. The commercial bin stores are located adjacent to the deep soil area and in proximity to the flooding culverts and area considered inappropriately located and treated.	Yes No, if the proposal is approved would require relocation.
4X – Building Maintenance	Building design provides protection form weathering Enables ease of maintenance, material selection reduces ongoing maintenance cost	Satisfactory.	Yes

Draft Environmental Planning Instruments

Draft Environment SEPP

63. The Draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018.

64. This consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property.