Agenda of Lane Cove Local Planning Panel

Lane Cove Local Planning Panel Meeting 20 February 2019

243 Longueville Road, Lane Cove

Subject: 243 Longueville Road, Lane Cove

Record No: DA18/189-01 - 81874/18

Division: Environmental Services Division

Author(s): Rajiv Shankar

Property: 243 Longueville Road, Longueville – Lane Cove Sporting Club

DA No: DA189/18

Date Lodged: 24/10/2018

Cost of Work: $200,000

Owner: Lane Cove Council

Applicant: Chris Keighery (Longueville Sporting Club)

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION	Alterations and additions to the existing sporting club including additional toilets, expansion of kitchen and alterations to main entrance and signage.
ZONE	RE1 – Public Recreation
IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?	Yes
IS THE PROPERTY A HERITAGE ITEM?	No
IS THE PROPERTY WITHIN A CONSERVATION AREA?	No
IS THE PROPERTY ADJACENT TO BUSHLAND?	No
BCA CLASSIFICATION	Class 9 &10b
STOP THE CLOCK USED	No
NOTIFICATION	Neighbours: As per notification list on application Ward Councillors: All notified Progress Association: Longueville Residents Association Other Interest Groups: NA

REASON FOR REFERRAL

The application is referred to Council’s Local Planning Panel given that Council is the land owner of the subject property.

EXECUTIVE SUMMARY

The proposed development includes alterations and additions to the existing sporting club and an illuminated sign.

There would be negligible change to the Floor Space Ratio and the overall Height of the existing building would remain unchanged.

The proposed Signage would state “LSC” an abbreviation for Lane Cove Sporting Club being a Business and /or a Building Identification Sign. The proposed signage meets the requirements of Council’s Development Control Plan, State Environmental Planning Policy 64 and is considered to be well designed. There exists no other signage on this elevation of the building.

Draft condition 2 restricts the level of night-time illumination between either the hours of 10pm and 6am, or 11pm and 7am (to cater for daylight saving) in accordance with the provision of the DCP in order to protect the amenity of nearby residents.

No submissions were received in response to the notification of the application.

The application is recommended for approval subject to draft conditions.

SITE

The site is identified as Lot 1 DP 115668, Lot 1 DP 917813, Lot 1 DP 917402 and Lot 1 DP 907301 known as 243 Longueville Road and is used for sporting activities including lawn bowls and recreational club activities.

The site is relatively level and is used for social and bowling green activities.

The existing club building is a single storey brick structure with tiled roof.

The car parking area and vehicular access is via an existing driveway from the site’s Kenneth Street frontage.

The sporting club adjoins open space and tennis courts towards its south and residential properties to the west.

The development opposite the site in Northwood Road and Kenneth Street are commercial premises that include shops and service station activities. Site Location Plan and Neighbour Notification Plan attached AT1 and AT2.

PROPOSAL

The proposal is for alterations and additions to the existing building, signage and includes the following:

A. Building works:

· Relocation of the front entrance door through 90 degrees.

· Provision of new female toilets

· Provision of an accessible toilet.

· Provision of new dividing wall within the existing hall to create a usable function area. The new dividing wall would incorporate glass sliding doors.

· Provision of a new access corridor to the proposed new female toilets.

· Enlargement of the existing kitchen area.

· Re-alignment of some internal rooms and doors.

· Replacement of existing carpets, flooring, and ceiling.

· Render of external walls with a neutral colour.

· Extension of an existing front fence to match the existing fence.

B. Signage:

· Provision of an illuminated sign. The proposed sign would state “LSC” being an abbreviation for the Lane Cove Sporting Club being a Business and/or Building Identification Sign. Size of the sign would be approximately 1.1m X1.05m (1.2sqm).

PREVIOUS APPROVALS/HISTORY

A review of Council’s records indicates:

DA45/13 Approval was granted on 25 June 2013 for an out-door cinema. The approval was for a 3 months period, however the DA was not acted upon.

DA185/13 Alterations and additions to the existing sporting club including reorientation of the vehicular access arrangements and construction of a deck.

PROPOSAL DATA/POLICY COMPLIANCE

Local Environmental Plan 2009

Zoning: RE1 Public Recreation

The proposed development, being alterations and additions to an existing Recreational Facility and the proposed signage are both permissible with consent.

Site area: 15,000 m² (approximately)

Existing

Proposed

Control

Complies

Floor Space Ratio

Sporting club 523 m²

Tennis club 150 m²

Total area 673 m²

FSR = 0.0448:1

Kitchen ext: 6.5 m²

Total area 679.5 m²

FSR = 0.0453:1

Not specified

Negligible change. An increase of

(6.5 m² ) being

0.0005:1

Height of Buildings

6.5m

No change to existing height

Not specified

Unchanged

Comment: It may be noted that in Council’s Local Environmental Plan 2009, there are no controls for Floor Space Ratio and Height of building for this site which is zoned RE1 Public Recreation. As indicated in the table above, the increase in FSR is (6.5 m²) being 0.0005:1 which is considered negligible.

The Height of building remains unchanged.

Comprehensive DCP

	Proposed	Control	Complies
Front setback (min)	No change to existing	Consistent with area or 7.5m	Unchanged
Secondary street setback (corner lots)	No change to existing	2m	Unchanged
Side setback (min)	Unchanged	1200mm/1500mm	Unchanged
Rear setback (min)	Unchanged	<1000m²: 8m or 25% >1000m²: 10m or 35%	Unchanged

Signage

The proposed signage meets the objectives and requirements of Part N of Council’s DCP discussed later in the report.

Car Parking

There exist 12 car parking spaces which include 3 spaces for persons with disabilities. There are a maximum of 3 to 4 staff members working at any time. The proposed development would not increase the demand for staff on site. The car parking existing on the site would remain unchanged.

REFERRALS

Manager Urban Design and Assets

The application was referred to Council’s Development Engineer who raised no objection to the proposed development subject to draft conditions which have been included in the Recommendation of this report.

Environmental Health Officer

The application was referred to Council’s Environmental Health Officer who raised no objection to the proposed development subject to draft conditions which have been included in the Recommendation of this report.

Council’s Governance Officer

Council’s Governance Officer was consulted to advise of any conflict between the proposed development, in particular the proposed signage, and the lease agreement.

Council’s Governance Officer advised that the clause in the Lease Agreement in relation to signage is as follows:

4.14 Signs

The Club must not inscribe, paint, erect, display, affix, or exhibit on, or to, the exterior of the Premises, any sign, light, embellishment, advertisement, name, flag or notice, except those required by law, without the prior written consent of the Lessor, save for any signs which are affixed to the Premises and approved by the Lessor at the commencement date. The cost of the placement, maintenance and removal of any such items will be paid by the Club and upon vacating the Premises, or if the Lessor withdraws its consent, the Club will remove any such items, and will make good any damage, or disfigurement caused by their removal.

Council has granted consent to the applicant to lodge the Development Application. The proposed development seeks permission from Council in the form of a Development Application. No concerns are raised in relation to any requirements of the Lease Agreement.

Roads and Maritime Services (RMS)

Clause 17 of State Environment Planning Policy 64 requires a consent authority to give a copy of the application to RMS if the display area is greater than 20sqm or higher than 8 meters. The proposed signage is neither of the above.

Clause 18 of State Environment Planning Policy 64 requires a consent authority to seek concurrence from RMS if the advertisement is greater than 20sqm and within 250 meters of, and visible from a classified Road. The proposed signage is less than 20sqm (approximately 1.2sqm). Furthermore, the view of the proposed signage is obscured by a stand of trees between the site and the intersection of Kenneth Street and Longueville Road.

In view of the above, a referral to RMS is not required in this instance.

Lane Cove LOCAL Environmental Plan 2009 (Section 79c(1)(a))

The proposal is permissible within the RE1 Public Recreation Zone under the Lane Cove Local Environmental Plan 2009.

The proposed development is for alterations and additions to an existing recreational facility and signage which are permissible with consent.

Other Planning Instruments

SEPP No. 55 – Remediation of Land – Clause 7 of this Policy requires Council to consider whether the land is contaminated. Notwithstanding the fact that site investigations have not been carried out, the current and previous use of the site and adjoining sites for recreational and residential uses would substantially reduce the possibilities of contamination. Accordingly, there is considered to be no contamination issue given the circumstances of the case.

2. SEPP 64 - Advertising and Signage

SEPP 64 applies to the assessment of signage. The relevant clauses of this Policy, including Schedule 1, are discussed below.

Part 1 Preliminary

Clause 3 Aims and objectives

The aims of this Policy that are set out under sub-clause (1)(a) are:

· to ensure that signage:

- is compatible with the desired amenity and visual character of an area, and

- provides effective communication in suitable locations, and

- is of a high quality design and finish, and

· to regulate signage.

It is considered that the proposed development meets the aims and objectives of the Policy as demonstrated below.

Clause 4 Definitions

The proposed sign can be categorised as either a first party business identification sign or a building identification sign because it advertises the Longueville Sporting Club (LCS) that currently operates on the site and is permissible under either definition.

Part 2 Signage generally

Clause 8 Granting of consent to signage

Under cl. 8 Council, as the consent authority, must not grant development consent to an application to display signage unless the Council is satisfied that the proposed signage:

· is consistent with the objectives of the Policy as set out in cl. 3 (1)(a), and

· satisfies the assessment criteria specified in Schedule 1.

Comments on both of the above matters are as follows.

(i) Clause 3 (1)(a)

The proposed signage generally satisfies the relevant Aims and objectives under cl. 3 (1)(a) of this Policy because it would:

· be well proportioned and compatible with the area, and

· provide effective communication, and

· be of a high quality design and finish, and

· subject to draft condition 2 to ensure that the sign would restrict its level of illumination at night, should not have an adverse impact on the locality in general, or residents in particular, or be a road safety hazard.

(ii) Schedule 1 Assessment criteria

A summary of the relevant aspects of each of the 8 points under Schedule 1 is as follows.

Point 1: Character of the area

Is signage compatible with the area and consistent with its existing advertising?

The site is located opposite B1 Neighbourhood Centre which has business identification signs.

To ensure that the proposed sign is compatible with the area and generally compliant with the DCP, draft condition 2 is recommended so as to restrict its level of illumination at night.

Point 2: Special areas

Does signage detract from the amenity or visual quality of a heritage area or a conservation area?

The proposed signage is not in the vicinity of any heritage item and is not within a conservation area.

Point 3: Views and vistas

Does signage obscure important views? Would signage dominate the skyline?

The proposed signage in on an existing external wall and does not raise issues in relation to either of the aspect.

Point 4: Streetscape, setting or landscape

Is scale appropriate for the streetscape, setting or landscape ? Does signage contribute to the visual interest of these aspects ?

Does proposed signage reduce signage clutter and screen unsightliness, protrude above buildings or trees, require on-going vegetation management ?

There is no other signage on this elevation and would not result in signage clutter. The sign is on an existing wall and would not protrude above the existing building. The sign is of a proportion suitable to the existing building.

Point 5: Site and building

Is signage compatible with the scale and other characteristics of the site or building, or both ? Are important features respected ? Does signage show innovation and imagination in relation to the site or building ?

The scale of the signage is proportionate to the existing building and is well located and well designed. No architectural features of the existing building would be obscured.

Point 6: Associated devices and logos

Has any logo or lighting device been designed as an integral part of the signage?

The proposed sign would state LCS (Longueville Sporting Club), and the proposed lighting would be integral part of its design. To ensure that the amenity of the nearby residents is maintained draft condition 2 would restrict its night-time illumination to be a quarter of its day-time level.

Point 7: Illumination

Would illumination result in glare, affect safety, detract from residential amenity ?

Can illumination be adjusted ? Is illumination subject to a curfew ?

In order to restrict glare and maintain the amenity of nearby residents, draft condition 2 would restrict its night-time illumination to be a quarter of its day-time level.

Once the premise is closed, it is considered that the illumination should be turned off. Draft condition 2 would restrict the sign to be illuminated during business hours and turned off during the time period the premise is closed for energy saving reasons.

Point 8: Safety

Would signage reduce road safety, the safety of pedestrians (particularly children) or cyclists, or obscure sightlines?

The proposed sign would not be inherently dangerous to passing motorists, pedestrians or cyclists, and would not obscure any sightlines.

Part 3 Advertisements

Part 3 of this Policy is headed Advertisements and is divided into clauses 9 - 28.

Clause 9 Advertisements to which this Part applies.

As cl. 9 does not apply to either a building and /or business identification sign no other requirements of the Policy are relevant.

Section 4.15(1)(a)(iii) Any development control plan

The Lane Cove Development Control Plan 2009 (the DCP) - Part N Signage and Advertising

An assessment of the proposed signage under Part N of this DCP follows.

Aims and objectives

The provisions of the DCP seek to ensure the character of buildings and streetscapes are consistent with Council’s desired future outcomes, whilst its purpose is to encourage well designed and located signs which contribute positively to the diversity and viability of businesses in Lane Cove.

The proposed sign would satisfy the aims and objectives given that:

· it is well designed, located on an existing wall and well proportioned;

· would contribute positively as it would state “LSC” being an abbreviation for the Lane Cove Sporting Club being a Business and/or Building Identification Sign; and

· draft condition 2 would restrict its level of illumination at night;

Consequently the proposed sign meets the aims and objectives of the DCP.

Location and Design of Signage and Advertising

There is no other existing sign on the elevation where the proposed sign would be located consequently would not result in signage clutter. The proposed sign is well proportioned and would be located on an existing wall. No architectural features of the existing building would be obscured.

Character statements

Cl. 2.2.3 of the DCP lists the range of Neighbourhood centres within Lane Cove with different characters.

The proposed sign is compatible with the proportion of the existing single storey building and sympathetic to the nearby residential character.

Section 4.15(1)(b) IMPACTS

The proposed alterations and additions to the existing building would not have any adverse impact on nearby developments.

The proposed signage is well proportioned and draft condition 2 would require its level of illumination to be restricted at night.

The proposed development would not have any adverse impact upon the amenity of nearby residents.

Section 4.15(1)(c) SUITABILITY OF SITE

The site is suitable for the proposed alterations and additions to the existing building and the signage that is proposed on the building.

Section 4.15(1)(d) RESPONSE TO NOTIFICATION

No submissions were received in response to the notification of the development application.

Section 4.15(1)(e) THE PUBLIC INTEREST

Subject to the inclusion of draft condition 2 which would restrict the level of illumination of the proposed signage at night, the proposed alterations and additions to the existing building and the proposed signage would be in the public interest.

CONCLUSION

The proposed alterations and additions to the existing building are considered minor in nature. There would be negligible change to the Floor Space Ratio and the overall height of the building would remain unchanged.

The proposed signage is well located, proportioned and designed and would not affect any nearby residents. There is no other signage on the front elevation of the existing building. Draft condition 2 would restrict the level of illumination of the signage to protect the amenity of the residents

No submissions were received in response to the notification of the application.

Matters in relation to s.4.15 of the Environmental Planning and Assessment Act 1979 have been considered.

RECOMMENDATION

That pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979, Council’s Local Planning Panel grant development consent to:

· Development Application DA 189/18

· For alterations and additions to the existing sporting club including additional toilets, expansion of kitchen, alterations to main entrance and signage.

· On Lot 1 DP 115668, Lot 1 DP 917813, Lot 1 DP 917402 and Lot 1 DP 907301 known as 243 Longueville Road, Longueville – Lane Cove Sporting Club

subject to the following conditions:

1. (20) That the development be strictly in accordance with:

· Drawing numbers A.01a, A.02, A.03, A.04, A.05 and A.06

· Dated 15 October 2018

· By Office Point Drafting

except as amended by the following conditions.

Reason: To ensure the development is in accordance with the determination.

Specific

2. The maximum daytime luminance of the sign facing Kenneth Street is not to exceed 800 candelas per square meter. At night-time, i.e. between either the hours of 10pm and 6am, or 11pm and 7am (to cater for daylight saving), the level of illumination of this sign is not to exceed 1/4 of this prescribed day-time illumination level.

The sign shall be illuminated during business hours and turned off during the time period the premise is closed.

Reason: In order to satisfy the assessment criteria under Point 7 Illumination under Schedule 1 of SEPP 64 - Advertising and Signage and to be consistent with the requirements under Zone 4 of clause. 3.9.1 of Part N Signage and Advertising of Council’s DCP 2009, and reduce the potential adverse impact from illumination on nearby residents and to retain the residential amenity of the area and the amenity of its residents.

The sign is to be turned off for energy saving reasons.

3. (1) The submission of a Construction Certificate and its issue by Council or Principal Certifier PRIOR TO CONSTRUCTION WORK commencing.

Reason: Ensures the detailed construction plans and specifications comply with the requirements of the Building Code of Australia (BCA) and any relevant Australian Standard.

4. (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

Reason: Statutory requirement.

5. (11) The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In”, please refer to web site www.sydneywater.com.au. This is to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. An approval receipt with conditions shall be issued by Sydney Water (if determined to be satisfactory) and is to be submitted to the accredited certifier prior to the issue of a Construction Certificate.

Reason: Statutory requirement.

6. (17) An Occupation Certificate and a certificate of completion being obtained from the Principal Certifier before the occupation of the building and completion of the signage respectively.

Reason: To ensure all works have been completed in accordance with the development consent conditions, approved plans and the Building Code of Australia.

7. (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

Monday to Friday (inclusive) 7.00am to 5.30pm

Saturday 7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

A Notice/Sign showing permitted working hours and types of work permitted during those hours, including the applicant’s phone number, project manager or site foreman, shall be displayed at the front of the site.

Reason: To ensure reasonable amenity is maintained to the neighbouring properties.

8. (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

Reason: To protect the environment and public amenity.

9. (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

Reason: To protect the environment and public amenity.

10. (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

Reason: To protect the environment and public amenity.

11. (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place. The sign(s) shall indicate:

a) the name, address and telephone number of the Principal Certifier;

b) the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c) a statement that unauthorised entry to the construction site is prohibited.

The signs shall be maintained for the duration of construction works.

Reason: To ensure public safety and public information.

12. (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

Reason: To protect the environment.

13. (56) Where Lane Cove Council is appointed as the Principal Certifier, it will be necessary to book an inspection for each of the following stages during the construction process. Forty eight (48) hours notice must be given prior to the inspection being required:-

a) The pier holes/pads before filling with concrete.

b) All reinforcement prior to filling with concrete.

c) The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

d) Framework including roof and floor members when completed and prior to covering.

e) Installation of steel beams and columns prior to covering.

f) Waterproofing of wet areas.

g) Stormwater drainage lines prior to backfilling.

h) Completion.

Reason: Statutory requirement.

14. (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

a) underpinning;

b) retaining walls;

c) footings;

d) reinforced concrete work;

e) structural steelwork;

f) upper level floor framing;

g) signage attachment of existing building.

Reason: Statutory requirement.

15. (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads. Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

Reason: To ensure structural adequacy.

16. (63) All metal deck roofs being of a ribbed metal profile, in a mid to dark colour range with an anti-glare finish. The intent of the condition is to reduce sun reflection and glare to protect the amenity of the surrounding residents.

Reason: To protect residential amenity.

17. (64) A check survey certificate is to be submitted at the completion of:-

a. The completion of works.

Note: All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

Reason: To ensure the development is in accordance with the determination.

18. (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations. Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

Reason: To ensure public safety.

19. (72) The demolition works being confined within the boundaries of the site.

Reason: To ensure compliance with the determination and public safety.

20. (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

21. (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each day’s work.

Reason: To ensure public safety.

22. (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.

Reason: To comply with Work Health and Safety Regulations and ensure public safety.

23. (79) Compliance with Australian Standard 2601 - The Demolition of Structures.

Reason: To ensure compliance with the Australian Standards.

24. (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

25. (130) Compliance with the Waste Management Plan submitted along with this application.

Reason: To protect the surrounding environment.

26. (132) It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

Reason: To ensure all works are carried out lawfully.

27. (141) Long Service Levy Compliance with Section 6.8 of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

Reason: To ensure the levy is paid.

General Engineering Conditions

28. (A1) Design and Construction Standards: All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

Reason: To ensure all works are in accordance with Council’s approved plan and requirements

29. (A2) Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved.

Reason: To ensure safety of road users and amenity

30. (A3) Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property. This shall include hoarding applications, vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

Reason: To ensure public works are carried out in accordance with Council’s requirements

31. (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.

Reason: To ensure safety road users and protection of Public assets

32. (A5) Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

Reason: To maintain Council infrastructure in Council adopted standards

33. (A6) Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

Reason: To protect, maintain and provide utility services

34. (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’.

Reason: To ensure safety access of pedestrian is maintained

Environmental Health Conditions:

35. (441) Operation of Plant or Equipment

To minimise the impact of noise from the development, all sound producing plant, equipment, machinery, mechanical ventilation systems and or refrigeration systems, shall be designed and or located so that the noise emitted does not exceed 5db(A) above the ambient background level when measured from the boundary of any affected premises between the hours of 8am to 10pm. Between the hours of 10pm and 8am, noise shall not exceed the ambient background level when measured at the boundary of an affected premises.

All sound producing equipment shall comply with the Protection of the Environmental Operations Act 1997.

36. (442) Noise Control – Offensive Noise

To minimise the noise impact on the surrounding environment, the use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to an offensive noise as defined under the provisions of the Protection of the Environmental Operations Act 1997.

37. (447) Noise Monitoring

Noise monitoring must be carried out by a qualified acoustical consultant if complaints are received, or if directed by Council, and any control measures recommended by the acoustical consultant must be implemented during the demolition work

38. (409) Construction and Fit out of Food Premises

To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas, all work involving construction or fitting out of the premises shall comply with the requirements of the Food Safety Standards Code (Australia) and Australian Standards AS4674 – Design, Construction and Fitout of Food Premises.

39. (418) Maintenance and cleanliness of food preparation areas

To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas all building work in connection with the occupation or the use of the premises intended for the preparation and storage of food shall be designed and implemented in accordance with the requirements of:

a) Food Act 2003 & Food Regulations 2004

b) Food Safety Standards 3.1.1, 3.2.2, 3.2.3

c) Sydney Water Corporation – Trade Waste Section

d) The Protection of the Environmental Operations Act 1997

e) Australian Standard AS 1668 Part 1 & 2

f) The Building Code of Australia.

The design and construction of food premises must comply with the following requirements, as applicable:

· The floors of kitchen, food preparation and storage areas are to be constructed of materials which are impervious, non-slip and able to be easily and effectively cleaned. The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer. Coving should be installed at floor/wall joins to allow for cleaning.

· Walls and ceilings are to be solidly constructed to prevent harbourage of pests. They are to be finished with impervious sealed materials which are able to be easily and effectively cleaned.

· All fixtures and fittings, such as food preparation benches and cooking equipment, are to be moveable, or built in to walls and floors to prevent harbourage of pests and allow for cleaning.

· Cupboards, cabinets, benches and shelving are to be smooth and impervious and may be glass, metal plastic, timber sheeting (sealed) or other approved material. The use of particle board or similar material is not permitted unless laminated on all surfaces.

· A designated hand wash basin is required within 5 metres of all food-handling and service areas; provided with hands-free delivery of warm running water through a single spout and provided with liquid soap and paper towels.

· A portable digital thermometer accurate to +/- 1 degree Celsius is required for use in the premises in addition to temperature measuring devices attached to equipment.

40. (412) Grease Trap (Food Premises)

Trade waste water shall be disposed of in accordance with the permit requirements of Sydney Water the proprietor owner shall contact the Trade Waste Office of Sydney Water so as to ensure that the sewerage pre – treatment system installed is appropriate for the proposed use of the premises.

41. (433) Garbage collection – Commercial/Industrial

Liquid and solid wastes generated on the site shall be collected, transported and disposed of in accordance with the Protection of the Environmental operations Act 1997. Records shall be kept of all waste disposal from the site.

Waste and recycling material, generated by the premises, must not be collected between the hours of 10pm and 7am on any day.

42. (450) Ventilation

To ensure that adequate provision is made for ventilation of the premises, mechanical and/or natural ventilation systems shall be designed, constructed and installed in accordance with the provision of:

a) The Building Code of Australia

b) AS 1668 Part 1 and 2 – 1991

c) Protection of the Environment Operations Act 1997

A certificate shall be submitted from a practicing mechanical engineer certifying that the design and operation of the mechanical ventilation system meets the requirements of AS 1668 Parts 1 and 2.

43. (451) Odour Control

To ensure that adequate provision is made for the treatment of odours, the mechanical exhaust system shall be fitted with sufficient control equipment to prevent the emission of all offensive odours from the premises, as defined by the Protection of the Environment Operations Act, 1997.

44. (410) Food Shop Registration Requirements

Occupation of the premises shall not occur until:

a) a registration application to be submitted to Council’s Health and Environment Department for the food shop

b) notification of the NSW Health Department under Standard 3.2.2 Division 2 Section 4 Notification. This requirement is to be met by notifying through the following website: http://www.foodnotify.gov.au

45. (411) Final Inspection (Food premises)

A final site inspection relating to the works carried out on the premises shall be arranged by the applicant and shall be undertaken by Council before trading commences.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1View	Neighbour Notification Plan	2 Pages
AT‑2View	Site Location Plan	2 Pages

Lane Cove Local Planning Panel Meeting 20 February 2019

38-42 Burns Bay Road Lane Cove

Subject: 38-42 Burns Bay Road Lane Cove

Record No: DA18/14-01 - 18011/18

Division: Environmental Services Division

Author(s): Rajiv Shankar

Property:	38-42 Burns Bay Road Lane Cove
DA No:	DA18/14
Date Lodged:	1/2/2018
Cost of Work:	$7,042,418.00
Owner:	Vatera Pty Ltd
Applicant:	MHNDU

Description of the proposal to appear on determination	Demolition of existing commercial buildings, construction of a mixed-use building being shop top housing and basement car parking.
Zone	B2 – Local Centre
Is the proposal permissible within the zone	Yes
Is the property a heritage item	No
Is the property within a conservation area	No
Is the property adjacent to bushland	No
BCA Classification	Class 2, 5, 6 +7a
Stop the Clock used	No
Notification	In accordance with Council’s notification policy

Reason for Referral

The development application has been referred to the Lane Cove Local Planning Panel for determination as the applicant has sought a variation to the building height standard of Lane Cove Local Environmental Plan (LCLEP2009) of more than 10% and is subject to SEPP 65 – Design Quality of Residential Apartment Development.

Executive Summary

The subject site is located within Lane Cove Town Centre. The development proposal involves demolition of 3 existing commercial buildings, construction of a mixed use building with 2 basement car parking levels.

The proposed mixed use development is permissible within the zone which is B2 – Local Centre.

The proposed development meets the Floor Space Ratio (FSR) standard of LCLEP 2009.

The proposed development exceeds the building Height standard of the LCLEP 2009 towards the rear section of the proposed building. The applicant seeks to rely upon a previously approved building height plane that was approved under DA54/2014 and has lodged a Clause 4.6 variation to the building Height standard by a maximum of 7.9m being a variation of 83%. This approach is not supported as a consent authority is required to assess every application under the Environmental Planning and Assessment Act 1979 and not rely upon a previous application. The Clause 4.6 variation is not considered to be well founded and not supported.

The site falls approximately 8m from Burns Bay Road (northern boundary) to the rear (southern boundary) being a 16% fall from front to rear.

The application seeks variations to the provisions of the Lane Cove Development Control Plan 2010 relating to side setback provisions for buildings over 2 storeys as it proposes a nil setback.

A 3m setback to the rear boundary has been proposed in the amended plans to improve the streetscape and pedestrian access to the rear of the property adjoining Sera Street.

Two submissions were received and have been taken into consideration during the assessment process.

The application is unsatisfactory as the parking arrangements on the site remains unresolved. The basement proposes a one way access ramp to the lower basement car park. A two way ramp is required with the width of the basement to be increased to allow two-way traffic. In its current form, the basement does not have the width necessary to allow a car to give way to another car using the ramp or to allow a car to manoeuvre around a waiting vehicle. The basement does not have adequate turning width to allow for a two-way ramp which is necessary and does not meet the Australian Standard AS 2890.1.

In addition, the amended application does not provide the required amount of parking being short by 6 spaces. The application originally proposed a car stacker which is not supported. The applicant deleted the stacker and replaced it with tandem parking spaces. The proposal remains deficient in the required number of car parking spaces. The commercial/retail spaces are mixed with the residential car parking which would not provide adequate separation and adversely impact upon the amenity of the residents and is not supported.

The application is therefore recommended for refusal for reasons outlined in this report.

Site

The subject site is legally described as Lots 19 and 21 in DP 530200 and Lot 1 in DP 550930 and formally known as 38, 40 and 42 Burns Bay Road Lane Cove. The site has a total site area of 778.6m² with a total frontage to Burns Bay Road of 15.47m, 15.235m to the rear Sera Street frontage and an average depth of 51.1m. The site is located within Lane Cove Town Centre on the southern side of Burns Bay Road, between Longueville Road to the east and Tambourine Bay Road to the west.

There are 3 existing commercial buildings located on the site. 38 Burns Bay Road is a part 1/part 2 storey building that currently has Dymocks trading out of the ground floor tenancy, 40 Burns Bay Road is a part 2/part 3 storey building that is currently vacant and 42 Burns Bay Road is a part 1/part 2 storey building currently vacant.

Surrounding development comprises predominantly retail and commercial development. Site Location Plans and Neighbour Notification Plans attached (AT-1) and (AT-2).

Figure 1: Aerial of subject site

Previous Application History

Previous development applications lodged for the site include DA13/30 and DA14/54.

DA13/30

Development application DA 13/30 proposed the demolition of all existing buildings and construction of a 5 storey mixed use building. The application was refused by Council on 13 June 2013 for the following reasons:-

1. The proposed development exceeds the building height standard of the LEP and the design does not relate to the topography of the land;

2. The exception to the building height standard is not well found;

3. The proposal exceeds the FSR standard of the LEP;

4. The bulk and scale is excessive;

5. The development does not meet the setback provisions of Lane Cove Development Control Plan (DCP);

6. The development does not meet the objectives of the zoning of B2 Local Centre;

7. Car parking design fails to meet the provisions of the DCP; and

8. The proposed development is not in public interest.

The owner of the property lodged an appeal in the Land and Environment Court against Council’s decision. The appeal was dismissed on 15 October 2013.

DA54/2014

Development application DA54/2014 proposed the demolition of the 3 existing commercial buildings and construction of a mixed use building comprising 3 levels with a mezzanine of commercial/retail space and 3 dwellings.

The development proposed a building height of 16.5m which breached the 9.5m height limit for the site. A Clause 4.6 objection was lodged with the application. The height variation was supported due to the increased setback, compliance with parking requirements, the site constraints and sloping nature of the site.

The application was approved by the Independent Hearing & Assessment Panel on 12 November 2014 subject to conditions .

Proposal

The current amended application proposes the demolition of the existing buildings and construct a 5 storey mixed used development comprising of the following:-

· Basement: 6 residential parking spaces, 1 services apartment space, 6 tandem retail parking spaces, 4 tandem commercial parking spaces, 12 storage areas, plant room, 2 motorcycle parking spaces, residential lift, internal access stairs, separate fire stairs and commercial lift pit;

· Ground floor: 5 residential parking spaces, 1 commercial disabled parking space, 2 loading bays for van and SRV – 1 of which to be utilised as a retail parking space, bulky waste storage room, retail waste storage room, services apartments waste storage room, end of journey facilities, residential waste bin storage room, fire stairs, commercial/retail bike parking lockers, commercial lift, residential lift, internal access stairs, car park driveway entry and;

· Level 1: 3 x 1 bedroom serviced apartments at Sera Street frontage, commercial premises with bathroom facilities and kitchenette area, plant rooms, internal access stairs, residential lift, commercial lift and pedestrian access way;

· Level 2: Retail tenancy premises at Burns Bay Road frontage, pedestrian entry from Burns Bay Road frontage, 2 x visitor bike parking rakes, smoke lobby, commercial lift, residential lift with lobby area, internal access stairs and 3 x 1 bedroom services apartments facing Sera Street;

· Level 3: 2 x 2 bedroom apartments, 4 x 1 bedroom apartments, residential lift, internal access stairs and recessed landscaped areas; and

· Level 4: 2 x 2 bedroom apartments, 3 x 1 bedroom apartments, partially covered communal open space with ancillary facilities, residential lift and internal access stairs; and

· Strata subdivision.

The current application seeks to rely upon the approved building height plane from the previously approved development application.

Image 1: 3D Montage of Burns Bay Road Frontage and Sera Street Rear Frontage

Statutory Provisions

Section 4.15 Matters for Consideration

(a) The provisions of

(i) Any environmental planning instrument:

State and Sydney Regional Environmental Planning Policies

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

A valid BASIX certificate has been submitted. The certificate demonstrates compliance with the provisions of the SEPP and is consistent with the commitments identified in the application documentation. A standard condition would be included in the Consent requiring compliance with this BASIX certificate.

State Environmental Planning Policy No. 55 - Remediation of Land

The provisions of SEPP 55 require Council to consider the potential for a site to be contaminated. The subject site has a history of commercial and ancillary residential use and as such, it is unlikely to contain any contamination and further investigation is not warranted in this case.

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

This Policy aims to improve the design quality of residential flat development. This proposal has been assessed against the following matters relevant to SEPP 65 for consideration:

· The 9 SEPP 65 Design Quality Principles; and

· The NSW Apartment Design Guide (ADG) guidelines.

Design Quality Principles

Part 2 of the Policy introduces 9 design quality principles. These principles provide a guide for achieving good design and the means of evaluating the merits of proposed solutions.

As required by the Environmental Planning and Assessment Regulation, this application is accompanied by a response to the design principles, as prepared by the project architect.

The proposed development has been assessed against the 9 design principles by Council’s Urban Design Consultant and the following comments were made:

· The apartment layouts have reasonable amenity – particularly for such a small site;

· The way they have used service apartments at the lower levels works to activate the rear lane – where commercial uses probably would not work;

· The way the form responds to the lane and the architectural resolution is commendable;

· The street façade would be more consistent with the adjacent if the top floor was setback – a two storey street wall rather than three;

· The arcade presents a safety issue (CPTED) as it is an open space that is concealed from the street (at both levels). This could present a personal safety issue at night. I would recommend an operational condition that requires glazed doors to be provided at the Burns Bay street frontage that can be closed and locked (from the outside) when the retail and commercial spaces cease trading.

Overall the assessment found that the proposed development would provide for reasonable amenity particularly with regard to solar access and cross ventilation. Whilst the amended proposal has not reduced the street frontage façade to a two storey street wall, it has deleted the rooftop terrace and provided communal open space on Level 4.

A copy of the assessment against the 9 design principles is attached (AT-3).

Apartment Design Guidelines (ADG)

The proposed development has been assessed by Council’s consulting Architect Smith & Tzannes, against the design criteria of the ADG. The proposed development generally meets the design criteria of the ADG in terms of solar access and natural ventilation. The setbacks, building separation, deep soil provisions and communal open space have been commented on as being appropriate to the site’s location and context. A copy of the compliance table is attached (AT-4).

Lane Cove LEP 2009

Under Lane Cove LEP 2009, the property is zoned B2 Local Centre, and the proposed development is permissible with Council’s consent.

The following is a summary of the clauses under LCLEP 2009 applicable to the development.

Zoning: B2 Local Centre Site Area: 778.6m²

LEP	Proposed	Complies
4.3 Height of Buildings
J: 9.5m	9.815m to 17.4m max (variation of 83%)	No – see Clause 4.6 variation below
4.4 Floor Space Ratio
T1: 2.0:1 Clause 4.4(2A)(b) Area 2 buildings containing shop top housing FSR – 2.5:1	1,944.7m² which includes the circulation area on level 2 or 2.49:1	Yes

Clause 2.2 - Zoning

The site is zoned B2 Local Centre under the provisions of LCLEP 2009. The proposed development is permitted within the zone.

Clause 2.3 – Zone Objectives

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone. The objectives for the B2 Local Centre zone are as follows:-

· To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

· To encourage employment opportunities in accessible locations.

· To maximise public transport patronage and encourage walking and cycling.

· To ensure that this centre functions as a Town Centre in the hierarchy of Inner North Sub-region retailing.

· To permit development for the purposes of offices, community and other facilities.

· To encourage urban design maximising attractive public domain and adequate circulation space throughout the Lane Cove town centre for current and future users.

· To ensure that landscaping is a significant element in public and private development viewed from the public domain.

The proposed development is considered to comply with the zone objectives. The development provides a range of retail, commercial and residential development within the local centre.

Accordingly, the proposed development is considered to be consistent with the objectives for the zone.

Clause 4.3 Height of Buildings

Clause 4.3(2) of LCLEP 2009 states that the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

The maximum permissible building height for the site is 9.5m in accordance with the building height map of the LEP. The proposed building height is approximately 17.4m towards the rear along Sera Street which exceeds the maximum permitted building height by approximately 7.9m a variation of 83%.

This is a significant departure from the LEP. The proposed development seeks to rely upon the approved building height plane approved under a previous application to justify variation to the height standard. This approach is not supported. Every request for variation to a development standard has to be assessed under the provisions of the clause. A request for a variation to the height standard has been considered and is not supported. Refer Attachment 5.

Clause 4.4 (2) – Floor space ratio

This clause prescribes a maximum floor space ratio (FSR) of 2.5:1. The subject site has a site area of 778m². The proposed development has a gross floor area of 1,944.7m² which includes the circulation area on level 2. The total FSR would be 2.49:1.

The proposed development complies with the LEP FSR standard.

Other Provisions

LEP	Proposed
5.6 Architectural Roof Features	The application does not include any roof features that exceed the maximum building height.
5.10 Heritage Conservation	The application is not within a heritage conservation area or within the vicinity of a heritage item identified under Schedule 5 of LCLEP2009.

(ii) Any proposed instrument (Draft LEP, Planning Proposal)

Draft State Environmental Planning Policy (Remediation of Land)

There are no draft Environmental Planning Policies that are required to be considered in this application.

(iii) Any development control plan

Lane Cove DCP 2010;

A full assessment of the proposal under DCP 2010 is illustrated in the following compliance table. The Non-compliances identified in the table are assessed below.

Part D – Commercial Development and Mixed Use

DCP Control	Proposed	Complies
D.1 General Provisions
1.1 Building Form
1.1.1 Building to Street Frontages
a) For developments within zones B1, B2 and B4 (and see Section 1.1.6 below)- I. New buildings are to have street frontages built predominantly to the street alignment II. Street setback of maximum 2.0m is permitted for suitable use such as outdoor seating for a cafe.	The proposed building has its Burns Bay Road frontage to the street alignment. Additional setback not proposed	Yes NA
1.1.2 Street Frontage Heights
Refer to controls for specific zones and localities: B2: No Specific Controls under DCP Max. Building Height under LEP:9.5m Burns Bay Road: 9.46m – 9.815m. Number of storeys not specified in the DCP. Sera Street: Grd to Level 3: 11.995m – 13.155m Level 4 to 5 being17.4m. Number of storeys not specified in the DCP.	There are no specific controls for the site in the locality controls. The DCP does not specify number of storeys. The Burns Bay Road frontage presents as 3 storeys whereas the neighbouring sites are 2 storeys in presentation. The development from the rear would present as a 5 storey even though the two upper levels have been set back. The adjoining building is 3 storeys. The proposed development would dominate the streetscape.	NA No Neighbouring sites present as 2 storeys No Neighbouring site is 3 storeys
1.1.3 Street Frontage Activities
a) Street and lane frontage uses should incorporate one, or a combination of, the following at street level: I. Entrances to residential and commercial occupying less than 50% of the street frontage II. Retail shop front, cafés or restaurants, if accompanied by an entry from the street III. Active office uses, such as reception, if visible from the street IV. Civic or community building if accompanied by an entry. V. Allow for visual interest on the external face of fire escapes, service doors and equipment hatches.	More than half of building’s primary frontage along Burns Bay Road would comprise retail activities with shared pedestrian through link. Types of retail to be determined. Retail use to be determined. No civic or community building are proposed The fire escapes, services doors and equipment hatches are located along the Sera Street frontage and recessed 3.0m	Yes NA NA N/A Yes
b) Limit opaque or blank walls for ground floor uses to 20% of the street frontage.	No blank or opaque walls proposed along Burns Bay Road frontage.	Yes
c) Minimise the extent and visual impact of vehicle entrances and other entries not associated with active uses or building entries.	Vehicle driveway located in Sera Street which has no pedestrian access.	Yes
d) Provide enclosure on corner sites to define the corner.	Not applicable.	N/A
e) All street frontage windows at ground floor level are to have clear glazing.	Clear glazing has been proposed for the retail component of Burns Bay Road ground floor frontage.	Yes
f) Security grilles are to be fitted only within the shop itself. Such grilles are to be transparent.	No grilles proposed on plans.	N/A
g) Provide multiple entrances for large developments including an entrance on each street	Not considered a large development.	N/A
1.1.4 Build Depth & Bulk
a) For Commercial Developments in all the business zones: I. The maximum floor plate area of any commercial building is to be 2,00nil² subject to other requirements in this DCP. II. Buildings with large floor plates must be expressed as separate building elements of not more than 1,000 m². III. The horizontal dimensions of any single building facade must not exceed 50 metres. IV. All points on an office floor should be no more than 10m from a source of daylight (eg. window, atria, or light wells). The depth for office floors with openings on one side should be a maximum of 10m. The depth for office floors with openings on two opposite sides should be a maximum of 20m. V. Use atria, light wells and courtyards to improve internal building amenity and achieve cross ventilation and/or stack effect ventilation.	Maximum floor plate of 778m² Not applicable. The proposed development has a 15m frontage Retail and commercial tenancies on lower ground and ground floor have not been proposed as offices. Internal atria have been utilised to provide solar access.	Yes N/A Yes N/A Yes
b) For Mixed Use Developments: I. The maximum horizontal dimension of the residential component parallel to the street frontage is to be 40m.	The proposed development has a 15m frontage to Burns Bay Road.	Yes
1.1.5 Building separation
The separation distance between buildings on the same site is not to be less than the setback to buildings in adjoining sites in the same business zonings. Refer to ‘Setbacks’ for different business zonings.	Development contains one building only.	N/A
1.1.6 Setbacks
Front/Street Setbacks are to comply with the following Table:
Zone B2 1-2 storey - nil or 3m maximum on ground floor for suitable use such as outdoor cafe seating. 3 storey – Nil	Nil setback provided to Burns Bay Road frontage. No outdoor café seating proposed.	Yes
Side setbacks in all Business Zones except special areas are to comply with the following Table:
1 storey: nil 2 storey: nil for commercial use & 3m for residential use & shop top housing 3+ storey: 6m	Nil setback for commercial and residential at all levels.	No – refer discussion
Rear setback – refer to Lane Way Setbacks.
Lane way setbacks are to comply with the following Table:
1 storey: 3m(to allow colonnades & landscaping) 2 storey: Nil (commercial use) & 3m (residential use/shop top housing) 3+ storey: 6m	Ground floor: 3m Level 1: nil to 742mm Level 2: 742mm, 1m and 1.578m Level 3: nil to 742mm Level 4: 4.503m to 5.245m The setbacks have been proposed in accordance with the previously determined DA54/14 and are acceptable in this instance.	Yes No No No No
1.1.7 Building Design & Exteriors
a) Floor to Ceiling height – See Diagrams 4 and 5 and for mixed use development see Part C 3.12 Ceiling Heights:	Refer below comments.
Part C 3.12 Ceiling Heights
a) In residential flat buildings, including residential apartments in mixed use buildings, the floor to ceiling height shall be: I. for non-habitable rooms, a preferred minimum of 2.4m, however a minimum of 2.25m will be permitted; II. for the upper level of a 2 storey apartment, a minimum of 2.4m provided at least 50% of the apartment has a minimum of 2.7m height; and III. for all single level apartments, a minimum of 2.7m.	Development provides minimum floor to floor heights of 3m with minimum floor to ceiling heights of 2.7m. Commercial ceiling heights of 3m and 4m.	Yes Yes
b) Materials, colours, finishes, proportion and scale of new development should add interest to façades and the streetscape.	Front and rear facades have been articulated with colours and finishes appropriate for the development.	Yes
c) Avoid large unbroken expanses of blank wall on any facade adjacent to the public domain.	Site is not adjacent to public domain.	N/A
d) Provide flexible building layouts and floor to ceiling heights which allow variable tenancies or uses on the first floor of a building above the ground floor.	Flexible floor layouts to commercial floors provided with variable building heights.	Yes
e) The design of roof plant rooms and lift overruns is to be integrated into the overall architecture of the building.	Plant and lift overrun have been located towards the rear of the development. Visual screens would be provided to screen the plant ducting from public via conditions.	Yes
f) Balconies and terraces should be provided, particularly where buildings overlook public open spaces. They should be avoided where they overlook the private open spaces and severely impact the privacy of the adjoining residential properties	Balconies have been placed at the front and rear of the development with no overlooking to private open space.	Yes
g) Gardens on the top of setback areas of buildings are encouraged.	Rooftop terrace not provided. Communal open space at level 4 setback with a planter box at the edge of building.	Yes
1.2 Excavation
a) All development is to relate to the existing topography of the land at the time of the adoption of this DCP.	Topography of the site has a 16% slope from front to rear. Excavation is for provision of basement carparking.	Acceptable in the circumstances.
b) Excavation for major development is to be contained within the footprint of the development.	Full site coverage has been proposed – refer to control (c) below.	See below
c) For development within Centres, Council may consider full site coverage for underground excavation and podium footprints where it is demonstrated that mature landscaping, landscaped area and rainwater retention is able to be provided as roof terraces on podium structures.	The proposed development provides for reasonably mature landscaping in the two atria. The stormwater drainage system provides for water retention and onsite water detention system.	Yes, given that reasonably mature landscaping has been provided and basement is required for parking.
d) Uses at ground level are to respond to the slope of the street by stepping frontages and entries to follow the slope.	Stepped design at frontage has not been adopted but stepped at the rear frontage of Sera Street.	Acceptable
1.3 Design and Location of On-Site parking
a) Parking of vehicles is prohibited in setback areas	Basement car park provided.	Yes
b) All developments must incorporate the required car parking on-site.	Insufficient parking has been provided and is discussed further under Part R –Traffic, Transport and Parking	No – refer Part R below
c) All on-site parking, loading facilities and vehicle access points must be: I. accessed from a rear lane wherever available II. fully concealed from view from any public street or arcade III. accessible from only one opening in the rear lane facade for both on-site parking and loading. Access openings are to be fitted with a garage door or roller shutter.	Vehicular access via Sera Street. Basement parking provided. On driveway entry provided with roller shutter door.	Yes Yes Yes
d) For developments with a rear lane façade width less than 12.0m this opening must not be wider than 3.0m	Site width 15.238m	N/A
e) For developments with a rear lane façade width equal to or greater than 12.0m this opening must not be wider than 6.0m.	Site width 15.238m Proposed: 7m due to the driveway being a two way driveway to the car park and would allow for vehicular movement into the loading bays adjoining the gate.	No, but acceptable if approved as it allows for better maneuverability into the loading bays.
f) Vehicle entry should be: I. easily accessible and recognisable to motorists II. located to minimise traffic hazards and queuing of vehicles on public roads III. located to minimise the loss of on street car parking, and to minimise the number of access points. IV. Located away from main pedestrian entries and on secondary frontages. V. Located having regard to any approved cycling routes.	Vehicular access provided on Sera Street which is a rear laneway located away from the main pedestrian thoroughfare.	Yes
g) Avoid black holes in the facade for major development by providing security doors to car park entries	Roller shutter door provided to driveway entry at Sera Street.	Yes
h) Return the facade material into the car park entry recess up to the extent visible from the street.	Appropriate façade material utilized.	Yes
i) Parking and service/delivery areas are to be located underground within building footprint or screened from adjacent residential uses or the public domain by sleeving with active uses.	Parking and service areas within basement car park and adequately screened.	Yes
j) Parking and service/delivery areas are to be located to minimise conflict between pedestrians/cyclists and vehicles and to minimise impact on residential amenity.	Residential and commercial/retail parking and services/delivery areas conflict with pedestrian access. Level 2 residential lift opens on to commercial tenancies being a conflict.	No, conflict impacts upon residential amenity.
k) Extensive areas of blank walls are to be avoided	Articulation provided.	Yes
l) Vehicular access is not permitted along the boundary adjacent to residential zone unless there is no other practical solution.	Not proposed	N/A
m) Residential and non-residential car parking spaces are to be physically separated.	No separation provided between the commercial and residential parking. The proposal has no physical separation between the residential and commercial/retail car parking on the basement car park level. This creates safety concerns for both the residents of the development and users of the retail/commercial parking spaces. The commercial lift does not have access to this basement car park and the retail/commercial patrons would be required to traverse up the stairs or, for equitable access, up the driveway ramp to the ground floor parking level to access the commercial lift. This is an unacceptable safety risk as there is no separate pedestrian path provided to allow equitable access and the gradient is required to be 1:14.	No – not supported due to safety and security risks.
n) For residential flat buildings, generally limit the width of driveways to a maximum of 6.0.	7m provided due to round-about and two-way driveway entry.	Supported as if approved it allows for better maneuverability into the loading bays.
o) Integrate ventilation grills or screening devices of carpark openings into the facade design and landscape design.	Appropriate screening devices provided.	Yes
p) Provide safe and secure access for building users, including direct access to residential apartments, where possible.	Direct access to residential component from basement car park and pedestrian walkway which is to be closed off at night.	Yes
q) Basement car parking is to be: I. adequately ventilated II. predominantly located within the building footprint III. located fully below natural ground level. Where slope conditions mean that this is unachievable, the maximum basement projection above natural ground level is to be 1.2m but not to the street front.	Car park has been provided on the ground floor and basement level which is below ground level and located at the ground level at the rear Sera Street laneway.	Yes
1.4 Number of Car Parking, Motorcycle and Bicycle Spaces
1.4.1 Commercial in all areas other than St. Leonards Centre
a) Except in the case of Shop Top Housing car parking, a cash contribution may be made to Council in lieu of required parking not provided on-site. The car parking contribution rate is listed in the Section 94 Contributions Plan (1999).	Not applicable.	N/A
b) For Lane Cove Village Centre see Section D3 – 3.8	Refer to Section D3-3.8 below.
1.5 Awnings
a) Continuous street frontage awnings are to be provided for all new developments on main streets or major retail streets in centres except where colonnades are required.	Awning provided along Burns Bay Road frontage. Sera Street would be provided awning style cover from the cantilevered first floor over the 3m setback.	Yes
b) Awning design must be coordinated with building facades and be complementary in alignment and depth to the adjoining buildings and its awnings.	Complimentary with surrounding buildings.	Yes
c) Where a building is sited on a street corner, wrap awnings are to be provided around corners for a minimum 6.0 metres unless there is continuity in active uses and in such case they should be continued.	Not applicable.	N/A
d) Awnings should generally be: I. Minimum soffit height of 3.3 metres. II. Low profile, with slim vertical facia or eaves (generally not to exceed 300 mm height) III. Setback a minimum of 60nilm from the kerb. IV. Located and designed to ensure no conflict with street trees	Min 3.3m >600m from kerb Does not conflict with street trees	Yes Yes Yes
e) Awnings are to allow for street trees or poles via innovative solutions, which may include cut outs.	Not applicable.	N/A
f) To control sun access/protection, canvas blinds along the street edge may be permitted, subject to design merit and assessment.	Not proposed.	N/A
g) Under awning recessed lighting is to be provided to facilitate night use and public safety.	Details of lighting not provided but can be conditioned to be required.	Not provided
1.6 Reflectivity
a) Visible light reflectivity from building materials used on the facades of new buildings should not exceed 20%.	Lower light reflectivity external finish colours are submitted with the development application.	Yes
b) Subject to the extent and nature of glazing and reflective materials used, a Reflectivity Report that analyses potential solar glare from the proposed development on pedestrians, cyclists or motorists may be required.	Not required.	N/A
1.7 External lighting of buildings
a) Any external lighting of buildings is to be considered with regard to: I. the integration of external light fixtures with the architecture of the building (for example, highlighting external features of the building) II. the contribution of the visual effects of external lighting to the character of the building, surrounds and skyline III. the energy efficiency of the external lighting system IV. the amenity of residents in the locality.	External lighting details not provided but can be conditioned to comply with requirement.	Not provided
b) Floodlights for buildings are prohibited.	Not proposed.	Yes
1.8 Landscaping
a) Locate basement car parking predominately under the building footprint to maximize opportunities for landscaped area.	Basement car park provided and is below the footprint of the building.	Yes
b) Deep soil zones in atria, courtyards and boundary setbacks are encouraged.	Semi mature plants provided in the Atria. Nil setbacks proposed which is considered appropriate for the locality	N/A
1.9 Planting on Structures
a) Areas with planting on structures should be irrigated with recycled water and appropriate drainage provided.
b) Provide sufficient soil depth and area to allow for plant establishment and growth. The recommendations are: I. Large trees (canopy diameter of up to 16m at maturity) i. minimum soil volume 150m3 ii. minimum soil depth 1.3m iii. minimum soil area 10m x 10m area or equivalent II. Medium trees (8m canopy diameter at maturity) i. minimum soil volume 35 m3 ii. minimum soil depth 1m iii. approximate soil area 6m x 6m or equivalent III. Small trees (4m canopy diameter at maturity) i. minimum soil volume 9m3 ii. minimum soil depth 800mm iii. approximate soil area 3.5m x 3.5m or equivalent IV. Shrubs i. minimum soil depths 500-600mm V. Ground cover i. minimum soil depths 300-450mm VI. Turf i. minimum soil depths 100-300mm.	Details provided on Landscape Plan and assessed by Council’s Landscape Architect. The proposed development does not provide deep soil, however given the site and the nature of the proposed development, on structure landscaping is provided which is considered appropriate.	Acceptable. Landscaping is considered appropriate in the circumstances.
1.10 Solar Access These provisions apply to proposed developments and any residential development beyond the site.
a) Commercial and mixed use developments are not to reduce sunlight to dwellings in the adjacent or same zone below a minimum of 3 hours of sunlight on a portion of the windows of the habitable rooms between 9am and 3pm on 21 June.	Solar access to adjacent developments receives minimum 3 hours of sunlight.	Yes
b) Where adjacent dwellings and their open space already receive less than the standard hours of sun, new development should seek to maintain this solar access where practicable.	Not applicable.	N/A
c) Habitable rooms in at least 70 percent of dwellings in high density residential developments, should receive a minimum of three hours direct sunlight between 9 am and 3 pm on 21st June, in total between any portions of those rooms. In dense urban areas a minimum of two hours may be acceptable. A reasonable proportion of both the common and private open space in those sites is also to receive sunlight during that period, according to the circumstances of the sites.	The development is not a high density development as only 11 apartments are proposed. All apartments receive the minimum 3 hours solar access requirements.	Yes
d) The number of single-aspect dwellings with a southerly aspect (SW-SE) should be limited to a maximum of 10 percent of the total dwellings within a high density residential development. Developments varying from the minimum standard due to site constraints and orientation must demonstrate how energy efficiency is addressed.	4 south facing apartments have dual aspect and receive north light through the Atria. One south facing apartment is provided which meets the maximum southerly single aspect requirement.	Yes
e) Council may accept a reduction in solar access for the subject site and adjacent development if the topography and lot orientation (as distinct from a preferred design) are such that the standard is considered unreasonable.	Not applicable.	N/A
1.11 Access and Mobility
a) Any new development must comply with Australian Standards AS 1428 Design for Access and Mobility, AS 4299 Adaptable Housing, AS 2890 Parking Facilities and AS 1735 Lifts, Escalators and Moving Walks and with the Part F of this DCP – Access and Mobility.	1 Serviced Apartment and 3 Apartments have been designed as adaptable dwellings and meet the minimum adaptable dwellings provision.	Yes
1.12 Toilet Facilities
a) Accessible and well sign-posted toilet facilities complying with AS 1428 shall be provided in all developments containing 10 or more shops or more than 500m² of retail floor space. These facilities shall have the same minimum opening and closing hours specified for arcades.	Toilet facilities have been proposed.	Yes
1.13 Signage
a) All signage shall comply with the Part N of this DCP – Signage and Advertising.	No signage has been proposed for the development.	N/A
Part D.3 Development within Lane cove Village Centre – (B2) Local Centre and Surrounds
3.2 Lanes: Not applicable
3.3 Arcades, Thru Links/Midblock connections: Not Applicable
3.4 Principal Retail Street
a) The only permissible uses facing a principal retail street at street level shall be: I. shopfront retailing of goods and services; II. arcades and III. entrances to uses located elsewhere in the building and fire exits. The aggregate width of such entrances and exits shall not exceed 1m for lots with a principal retail street frontage of 1nil or less; or 2m for lots with a principal retail street frontage greater than 10m (see BCA for further details).	The uses facing Burns Bay Road are retail and pedestrian entrance to the services apartments and residential apartments.	Yes
b) Longueville Road and Lane Cove Plaza: I. A new building façade to a principal retail street in the vicinity of heritage shopfronts should be broken up by vertical elements into units of 4m to 6m width, reflecting the Centre’s traditional small shop street frontages and providing interest to the streetscape at pedestrian level. II. A minimum of 80 percent of that portion of the principal retail street facade of a new development up to a height of 2.7m which is allocated to retail use shall be transparent.	There are no heritage items in the vicinity of the proposed development. Retail use is transparent as per the requirement of the DCP	N/A Yes
c) Ground floor shop fronts may incorporate security grills provided these ensure light falls onto the footpath and that the interior of the shop is visible. Blank roller-shutter doors are not permitted.	No security grills have been proposed.	N/A
d) Vehicle access points will only be permitted on retail streets where there are no alternatives for access.	Rear vehicular access provided via Sera Street.	Yes
3.5 Facades
a) Facades are to be articulated at the ground floor and above.	A combination of balconies, planter boxes, fins and solid walls provide adequate articulation.	Yes
e) Facades where all solid elements are coplanar are not permitted. For the facade of a development facing Longueville Road: I. The average setback for facade articulation is to be a maximum of 0.5m either side of the front boundary alignment. II. Elements forward of the street alignment are to be restricted to balconies. III. Where the façade abuts an existing building on an adjoining site, it must be coplanar with the existing façade, unless the existing façade is set back more than 300mm from the street boundary.	Coplanar solid elements not proposed.	N/A
3.6 Heritage: Not applicable
3.7 Shop Top Housing within Lane Cove Village Centre
a) Entrances to residential uses must be provided from both the principal retail street and rear lane onto which the development fronts. For a development incorporating an arcade, residential access may be provided from that arcade.	Rear lane access provided by Sera Street.	Yes
b) Each dwelling must be provided with private open space directly accessible from its living area, in the form of either a balcony at least 2m deep or a terrace or private courtyard at least 10m² in area.	Private open spaces in the form of balconies have been provided and generally meet the minimum are requirement.	Yes
c ) The provision of rooftop communal open space for the use of all residents is encouraged. Furniture, equipment, structures and the like associated with the provision or use of this space must not extend beyond the height limits nominated in the LEP.	Communal Open Space is provided on the top level of the development with adequate facilities provided.	Yes
d) If an elevator is provided for residential use, it must not be used for retail loading or waste removal.	Separate lift access provided to residential component of development.	Yes
e) For any dwelling which fronts onto an internal courtyard or void space within a development, the separation distance between any window to a habitable room or the outer edge of any balcony must not be less than: I. 5m to the opposite wall if it is solid or contains only openings which are non-openable and translucent II. 12m to any openable and/or transparent opening in the opposite wall or the outer edge of any balcony attached thereto.	A separation of the dwellings which front internal courtyards vary from 7.45m to 9.3m between bedroom windows of apartments. This separation is less than 12m which has been addressed by a continuous privacy screen.	No, however while addressed by this the provision is of a continuous privacy screen, it is considered a poor alternative.
3.8 Car Parking for Lane Cove Village Centre
a) Except in the case of Shop Top Housing car parking, a cash contribution may be made to Council in lieu of required parking not provided on-site. The car parking contribution rate is listed in the Section 94 Contributions Plan (1999).	Not applicable to development as shop top housing is excluded from S7.11 contributions.	N/A
b) Most land within Lane Cove Village Centre is subject to a special parking levy in addition to the normal rates charged by Council. The additional moneys generated in this manner are used to offset the costs of providing and maintaining Council car parks in the Centre area. Therefore, the provision of on-site parking or a contribution for car parking not provided on-site within the area subject to the special parking levy is only required for floor area in excess of that equivalent to a floor space ratio of 1:1.	Not applicable.	N/A

Part F - Access and Mobility

PART F - ACCESS AND MOBILITY
DCP Controls	Proposal	Complies
3.5 Adaptable and Visitable Housing (residential flats and dual occupancies)
Adaptable housing to be provided at the rate of 20% of all dwellings in a Class 2 development.	1 Serviced Apartment and 3 Apartments have been designed as adaptable dwellings and meet the minimum adaptable dwellings provision.	Yes
Dwellings are to be visitable at the rate of 80% in developments requiring adaptable housing.	All the 6 serviced apartments and 11 apartments are visitable.	Yes
3.8 Access to, and within, buildings
1. Access is to be provided in accordance with BCA Clause D3.1 and in accordance with Table 1: - Residential Flat Building 2; - Car park Class 7a From a required accessible entrance to at least 1 floor containing SOU’s and to the entrance doorway of each SOU on that level. To and within 1 of each type of room or space for use in common by the building occupants.	Access to residential units and commercial spaces would meet the requirements of BCA	Yes

Part R – Traffic, Transport and Parking

PART R TRAFFIC, TRANSPORT AND PARKING
Development Control	Proposed	Complies
2.2 Car Parking Rates
Shop Top Housing
Table 1 – Car parking rates Residential: 1 space per 1 bedroom unit. · 7 - 1 bed units require 7 spaces. 1.5 spaces per 2 bed room unit. · 4 - 2 bed unit require 6 spaces Visitors: 1 space per 4 units · 11 units require 3 spaces. 1 disabled space per adaptable housing unit: 3 units provided 1 onsite removalist truck per 100 residential units Total required 16 spaces	3 spaces provided. Loading bay for van and SRV provided. Total: 11 spaces	Yes Yes No (short by 5 spaces)
Tourist and visitor accommodation
Serviced Apartments: 1 space per 2 employees: Required 1 space Customer/Visitor Parking: 1 space per 4 apartments: 6 apartments: 6 / 4 = 1.5 2 spaces required inclusive of 1 disabled space per 10 car spaces (min. 1 disabled space): 1 space required Total required 3 spaces	Provided: 0 1 Total: 1	No (short by 2 spaces)
Commercial Premises Office/business premises
1 space per 60m² gross floor area: 240m²/60 = 4 spaces required. + 1 disabled space per 20 car spaces (min 1 disabled space) Required 1 space Total required 5 spaces	5 Commercial spaces provided including 1 disabled space.	Yes
Shop (Retail)
1 space per 40m² gross floor area: 299m² / 40 = 7.4 or 8 spaces required + 1 disabled space per 20 car spaces (min 1 disabled space) : 1 space required: Total required 9 spaces	6 Retail spaces provided.	No (short by 3 spaces)
Total Spaces required: 33	Total provided: 23	No (short by 10 spaces)
2.7 – Motorcycle parking
1 motorcycle space per 15 car spaces Motorcycle parking spaces are to have an area of 1.2m x 3m	2 provided in basement.	Yes

RMS Car Parking rates:

	Car Parking rate	Required	Proposed	Complies
Shop Top Housing	Does not have separate rates of shop top housing. So DCP rate is applied.	Total required 16 spaces	11 spaces	No (short by 5 spaces)
Tourist and visitor accommodation	Motel is closest to service apartments. 1 space per 2 employees: Required 1 space Customer/Visitor Parking: 1 space per each apartments: 6 apartments: 6 spaces required inclusive of 1 disabled space per 10 car spaces (min. 1 disabled space): 1 space required	Total required 7 spaces	1 space	No (short by 6 spaces)
Commercial Premises Office/business premises	1 space per 40m² gross floor area: 240m²/40 = 6 spaces required. + 1 disabled space per 20 car spaces (min 1 disabled space) Required 1 space	Total required 7 spaces	5 Commercial spaces provided including 1 disabled space.	No (short by 2 spaces)
Shop (Retail)	1 space per 40m² gross floor area: 299m² / 40 = 7.4 or 8 spaces required + 1 disabled space per 20 car spaces (min 1 disabled space) : 1 space required:	Total required 9 spaces	6 Retail spaces provided.	No (short by 3 spaces)
Total		Total 39 spaces	Total 23 spaces	No (short by 16 spaces)

The car parking provision assessed against RMS car parking rates are also significantly less that the minimum required.

The application has been amended to remove the originally proposed car stacker and has replaced it with tandem spaces for the retail and commercial parking spaces. The issue with this configuration is that the retail and commercial spaces are potentially not allocated to the same retail or commercial premises creating potential traffic conflicts. The commercial/retail and residential parking is also mixed without any physical separation which, not only does not comply with Council’s DCP requirement but also creates potential safety and security risks. Parking needs to be dedicated to provide certainty and cater to demand.

The development also has a shortfall of 10 parking spaces which is not subject to S7.11 contributions as shop top housing is excluded from S7.11 contributions under Section 3.8 of Part D – Commercial Development and Mixed Use of DCP 2010.

The application is therefore not supported as insufficient parking has been provided for the development.

Section 7.11 - Development Contributions Plan

The proposed development is subject to S7.11 contributions in accordance with Council’s S94 Contributions Plan. The development would increase the population living on the site as well as increasing the commercial and retail use.

There would be 11 dwellings in the proposed development comprising of 7 x 1 bedroom and 4 x 2 bedroom dwellings. There would be 26nil² of commercial space, 299m² of retail space and 217m² for the services apartments. The S7.11 is calculated for residential and commercial floor space as follows:

Residential

The S7.11 plan has specified the average number of people per dwelling, based on the number of bedrooms. The occupancy rates are:

· 1.2 persons per 1 bedroom unit in medium density developments

· 1.9 persons per 2 bedroom unit in medium density

The S7.11 contribution for each dwelling of the proposed multi dwelling housing development is calculated at the current rate of $10,332 per person (2018-2019) as follows:

Medium density developments (including attached dual occupancy and duplexes):
No. bedrooms	Average occupancy	Amount of contribution per person	No. of Dwellings	Total contribution
1 Bedrooms	1.2 persons	$10,332.00 x 1.2 = $12,398.40 per dwelling	7 x $12,398.40	$86,788.80
2 Bedrooms	1.9 persons	$10,332.00 x 1.9 = $19,630.80 per dwelling	4 x $19,630.80	$78,523.20
			TOTAL:	$165,312.00

*N/B The reforms to Local Development Contributions have a cap of $20,000 per residential lot or per dwelling limitation on local development contributions. Per dwelling contributions is below the cap.

The total S7.11 contribution for the residential component of the development is $165,312.00.

Commercial/Retail

The Section 7.11 Contributions applicable for Retail/Commercial Development – Traffic Management and Streetscape improvements (per m2 of gross floor area) at a rate of $130.00 per m² of GFA (2018/2019 Fees & Charges Schedule) are calculated as follows:

· (Retail 299m² + Commercial 240m² + Service Apartments 217m²) x $130.00 = $98,280.00

S7.11 Credit for Existing Site Floor Space

There are 3 existing commercial buildings located on the site. For sites with existing commercial/retail and/or residential floor area a credit is applicable. This credit is calculated at the same rate as the commercial/retail and residential rates.

The lodged survey plan does not provide any floor space calculations in order to calculate the credit accurately therefore a measurement of the survey has been taken of the existing buildings to calculate the applicable credit. This calculation has a total floor space area of 431.2m² and the credit is calculated as follows:

· 431.2 x 130 = 56,056.00

Total S7.11 Contribution

The required S7.11 contribution for the retail/commercial and residential components of the development is calculated at: $165,312.00 +$98,280.00 - $56,056.00 = $207,536.00.

Were the application to be supported a condition requiring payment would be included in the draft conditions of consent.

Note: There are no existing dwellings associated with the shops for which any contribution credit is required to be provided.

Referrals

External

Urban Design

The proposed development has been referred to Council’s consulting Architect Smith & Tzannes and assessed the proposal against the design criteria of the ADG. The proposed development meets the design criteria of the ADG in terms of solar access and natural ventilation and generally meets the 9 design quality principles of SEPP 65.

Internal

Development Engineer

The proposed development has been considered by Council’s development engineer who has indicated that the concept storm water plan proposes an Onsite Stormwater Detention system as required. No objection has been raised subject to draft conditions which have been provided should the application be approved.

Building Surveyor

The proposed development has been considered by Council Principal Building surveyor who has assessed the proposal under deemed to satisfy provisions of the BCA and has indicated that the proposed development is capable of compliance with the performance requirements of BCA. No objection has been raised subject to draft conditions which have been provided should the application be approved.

Environmental Health Officer

The proposed development has been considered by Council’s Environmental Health officer which has indicated that the waste collection would be on site by a vehicle entering the site off sera Street. The vehicle would park in the loading bay where the waste would be collected. The waste vehicle would be able to enter, reverse and exist in a forward direction. Given that there are only two level of apartments, a chute system would not be necessary. The space for the number of bins provided are considered adequate. A waste management plan has been provided which is considered satisfactory. No objection has been raised subject to draft conditions which have been provided should the application be approved.

Access Officer

The proposed development provides for 1 Serviced Apartment and 3 Apartments as adaptable dwellings and meet the minimum adaptable dwellings provision. All apartment would be visitable. The Accessible parking spaces would meet the minimum parking standard.

Traffic Engineer

Council’s Traffic Engineer has raised significant issues with the basement car parking which are detailed as follows:

· Single driveway ramp to the basement car park

The single driveway ramp width is not in accordance with AS2890.1 and the basement width does not allow for any queued vehicles to maneuver around each other. This would create traffic conflicts within the parking levels (refer Figure 2 below). A two-way ramp in accordance with AS2890.1 is therefore required.

Figure 2: basement traffic conflict

· The circulation roadway is not in accordance with AS2890.1.

The ground floor and basement car park provide inadequate widths to accommodate two way driveway ramp and vehicular maneuvering.

The basement width also does not allow for a two way ramp to be proposed as there is not enough turning room to facilitate two-way traffic.

· Tandem parking and insufficient car parking rates

The development does not provide the required amount of parking prescribed under Part R of DCP 2010. 29 spaces are required and only 24 spaces have been provided. There is a short fall of one (1) space for service apartments and a shortfall of 4 accessible spaces. One (1) retail space is also shared with the loading bay which is not supported. The proposed development effectively has only provided 23 parking spaces which is a shortfall of 6 spaces.

The retail/commercial parking spaces have been proposed as tandem car parking which is not supported as this is likely to create parking conflicts. The spaces are not likely to be allocated to the same tenancy and would result in tenants and/or customers being parked in.

Insufficient dimensions of proposed loading bay provided

The loading bay on the ground floor parking level does not demonstrate there is sufficient width to accommodate a B99 vehicle.

The proposed development is therefore not supported in its current form.

Landscape Officer

The proposed development has been considered by Council’s landscape Architect who has indicated the following:

· Deep Soil

The proposal does not provide the minimum 7% deep soil requirement as per Section 3D of the Apartment Design Guide (ADG).

Comment: Given the nature of the existing site, its location, surrounding land uses and built form, podium planting and on-structure landscaping provided is considered an acceptable outcome.

· Landscaping and Communal open space

The amended proposal has deleted the rooftop communal open space and relocated it to Level 4, however the area of landscaping and communal open space is 50m² which his less than the minimum 25% being 194m² required under Section 3D of the ADG.

Comment: The proposed development does not provide for adequate landscape area and communal open space a minimum of 25% being 194m² to provide a communal open space that is of high level amenity.

· Level 3 Courtyards/Atriums

The Level 3 atriums are approx. 50m² each and were inaccessible to the residents. Council questions the purpose of these areas which will not be accessible or useable to the residents and will be visually obstructed from the common circulation space apartments by the privacy screens necessary to maintain privacy to the bedrooms. Additional details are required with regards to the design of privacy screens including heights, openness ratios, materiality and finishes as well as details regarding access for ongoing maintenance purposes.

Comment:

A separation of the dwellings which front internal courtyards vary from 7.45m to 9.3m between bedroom windows of apartments. This separation is less than the minimum required 12m. In addition, the bedrooms facing the atria would be would be overlooked from the common circulation adversely impacting privacy. The applicant has provided a continuous privacy screen which is not considered acceptable as it would adversely impact upon the amenity of the dwellings.

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

All relevant issues regarding environmental impacts of the development are discussed elsewhere in this report. The proposed development would be in excess of the maximum permissible height control. The excessive height towards Sera Street dominate the streetscape. The parking provided inadequate. Such would on-street parking demand in the vicinity where parking is already constraint. The parking arrangement is considered unsatisfactory as in does no segregation between residential and commercial parking and provides for a one way ramp which would adversely impact upon the amenity of the residents and commercial spaces users. The privacy of units facing atria is compromised and not considered adequate. The development is considered unsatisfactory in terms of environmental impacts.

(c) The suitability of the site for the development

The site is considered to be suitable for the proposed development, however the height, street presentation, traffic and parking issues require resolution before the proposed development can be recommended for approval.

(d) Any submissions made in accordance with this Act or the regulations

In accordance with Council’s notification policy, owners of surrounding properties were given notice of the application. In response, 3 submissions were received. The amended application was re-notified and a further 3 submissions were received, however 2 of which were from previous objectors raising the same concerns. All submissions are provided to the Panel for review.

The following issues were raised by the submissions:

Disruption of operations impacts to Australia Post including work disturbance, communication, continuing of services, access, noise, dust and hazardous fumes, acoustic noise and traffic management. Australia Post’s representative has raised concerns that the proposal may disrupt the operation of Australia Post.

Comment: The submission from Australia Post appear to relate to the construction of the development and ongoing use of the development as shop top housing. It should be noted that the Australia Post site is opposite the subject development site. All access to the proposed development is from Sera Street and traffic impacts would be negligible to Burns Bay Road.

The majority of concerns raised in the submission from Australia Post can be satisfactorily addressed with conditions of consent, particularly those issues regarding noise and hazardous dust and fumes, and were the application to be approved these conditions would be placed on the consent.

Site isolation. Concern has been raised that the neighbouring site at 44 and 46 (battle-axe) Burns Bay Road will become isolated and the site should be amalgamated with the subject properties.

Comment: The neighbouring site at 44 and 46 Burns Bay Road is not considered to be isolated as there is no minimum allotment size under the Lane Cove LEP for mixed use development. There are a number of examples within the area that have been developed on smaller sites and this site is of a similar site area to that of the proposed development.

However, is should be noted that, with the above issues identified with the traffic and parking, the amalgamation of 44 and 46 Burns Bay Road with the subject properties may resolve these fundamental issues and result in a better planning outcome.

Non-compliances to building height. Concerns are raised that the building does not comply with the building height standard of 9.5m under the LCLEP2009.

Comment: The application does not comply with the 9.5m building height requirement under LCLEP2009. A Clause 4.6 variation has been submitted with the application and not supported. Refer Attachment 5.

Non-compliances to ADG guidelines and DCP controls. Concerns are raised that the development does not comply with the controls under Council’s DCP and the guidelines under the ADG.

Comment: The application has undergone amendments to address a number of concerns raised by Council including non-compliances to the controls and guidelines set out in the DCP and ADG. A merit based assessment has been given to the development where non-compliances have occurred and, in most cases, found to be acceptable. However, the proposed development is recommended for refusal due to height, traffic and parking issues that have not been resolved.

Insufficient parking. Concerns are raised that insufficient parking has been provided and the car stackers are not appropriate.

Comment: The proposed development has removed car stackers, provided some tandem spaces and insufficient parking provisions. This aspect of the proposal is not supported, and insufficient parking concerns remain.

Western elevation windows and openings. Concerns are raised that the windows along the western elevation have been proposed due to the existing site configuration of 44 Burns Bay Road. Should the property at 44 Burns Bay Road redevelop with the rear site at 46 Burns Bay Road, the openings along the western elevation of the neighbouring property will be blocked. The submission requests the windows be reconsidered so as not to impact the future development potential of the site at 44 Burns Bay Road.

Comment: The openings along the western elevation have been proposed for landscape elements which, should redevelopment of the neighboring property occur, this landscaping would become sterilized.

These landscape elements are not considered to have any material value to the development and were the application to be approved, these openings would be required to be deleted and the nil setbacks maintained along this elevation.

(e) The public interest

Having regard to the assessment contained in this report, it is considered that approval of the development is in the public interest.

Statement of reasons for refusal

The application is not supported for the following reasons:

Excessive height
Insufficient parking provision;
Unacceptable driveway and parking layout that raises safety impacts to residents from shared parking arrangements with commercial/retail tenancies;
Unacceptable landscape provisions resulting in poor amenity.

Conclusion

The matters in relation to Section 4.15 of the Environmental Planning and Assessment Act 1979 have been considered.

The proposed development breaches the height control. The Clause 4.6 request for variation is not considered to be well founded and not supported.

The proposed development does not provide adequate on-site parking in accordance with Part R of LCDCP 2010. The on-site parking is deficient by 6 spaces. The configuration of the basement car park creates potential traffic conflicts and safety risks to both the residents and occupants of the retail/commercial tenancies. The basement car park does not have commercial lift access to the basement parking level which does not provide equitable access to the commercial/retail tenancies.

Approval of the proposed development is not considered to be in the public interest having regard to the above issues identified and the application is recommended for refusal.

RECOMMENDATION

That the Lane Cove Planning Panel refuse the variation to the Building Height standard in Clause 4.3(2) in Lane Cove Local Environmental Plan 2009, as the applicant’s written request does not adequately address the matters required to be demonstrated by Clause 4.6 of that plan, the proposed development would not be in the public interest because it is inconsistent with the objectives of the particular standard, the objectives for development in the zone and there are insufficient environmental planning grounds to justify the variation.

The Lane Cove Local Planning Panel, as the consent authority, pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act 1979, as amended, refuse development consent to DA14/2018 for the demolition and constructing of shop top housing on land at 38-42 Burns Bay Road Lane Cove for the following reasons:-

Height

The proposed development breaches the height control. The excessive height towards Sera Street dominate the streetscape. The proposed development would not be in the public interest because it is inconsistent with the objectives of the Building Height standard, and the objectives for development in the zone. There are insufficient environmental planning grounds to justify the variation. The Clause 4.6 request for variation is not considered to be well founded and not supported.

Street Presentation

The Proposed development presents as 3 storeys towards Burns Bay Road where as the neighbouring sites are 2 storeys in presentation. The proposed development towards the rear would present as a five storeys even though the two upper levels have been set back. The adjoining building is 3 storeys. The proposed development would dominate the streetscape.

The proposed development does not comply with the rear setback requirements being 2 storey: Nil (commercial use) & 3m (residential use/shop top housing) 3+ storey: 6m. The proposed development would dominate the streetscape.

Residential and commercial/retail parking and services/delivery areas conflict with pedestrian access. Level 2 residential lift opens on to commercial tenancies being a conflict and impacts upon the amenity of residential units.

The proposed development does not provide for adequate landscape area and communal open space a minimum of 25% being 194m².

The basement car park does not have commercial lift access to the basement parking level which does not provide equitable access to the commercial/retail tenancies.

A separation of the dwellings which front internal courtyards vary from 7.45m to 9.3m between bedroom windows of apartments. This separation is less than 12m which has been addressed by a continuous privacy screen. This addressed by providing a continuous privacy screen which is not considered acceptable as it would adversely impact upon the amenity of the dwellings.

Traffic and Parking

The proposed development should be refused as the proposed parking is unacceptable and does not comply with the requirements of Part C and Part R of LCDCP 2010.

Particulars:

a) Insufficient parking spaces have been provided on-site to accommodate the development in accordance with Part R of LCDCP 2010. The proposal requires a total of 29 parking spaces and only 23 parking spaces have been provided. This is a shortfall of 10 parking spaces. Shared parking spaces with loading bays are not supported.

b) The commercial/retail tandem car parking spaces create potential traffic conflicts for the future tenancies as the tandem parking spaces may not be allocated to the same tenancy.

c) The driveway ramp widths and circulation roadway are not in accordance with AS2890.1. There is insufficient width to provide a two-way driveway ramp between the ground floor and basement car parking levels and a single width ramp has been provided. This is insufficient as the one-way ramp does not provide adequate vehicular access between the ground floor and basement car parking as the width does not allow for any queued vehicles to maneuver around each other creating traffic conflicts within the parking which would create safety impacts, congestion and delays within the car park.

d) The shared parking between the residential and commercial/retail components of the proposed development on the basement car park level creates safety concerns for the residents of the development and users of the retail/commercial parking spaces. The commercial lift does not have access to this basement car park and the retail/commercial patrons would be required to traverse either up the internal stairs or, for equitable access, up the driveway ramp to the ground floor parking level to access the commercial lift. No pedestrian path is provided at 1:14 grade to facilitate equitable access.

e) Having regard to the constrained nature of the site, the alternative parking solutions of tandem parking spaces and mixed commercial/retail and residential car parking provided by the Applicant are not supported.

Landscape and Communal Open Space

The proposed development should be refused as the amount of landscaping and communal open space provided should be increased to a minimum 25% of the site area.

Particulars:

a) The proposed development has an insufficient amount of landscaping and communal open space that does not provide the future residents with a high level of amenity.

b) The Level 4 communal open space should be increase by an additional 100m² to provide a landscaped communal open space area that would have a high amenity value to the future residents which would include facilities such as accessible bathroom, BBQ, power outlets, water and sink connections, tables with seating, overhead shading, podium tree canopy plantings to provide natural shade and landscaping.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1View	Neighbour Notification Plan	2 Pages
AT‑2View	Site Location Plans	2 Pages
AT‑3View	Design Quality Principles	5 Pages
AT‑4View	ADG Compliance Table	8 Pages
AT‑5View	Clause 4.6 Variation to Height	3 Pages

General Manager