Agenda of Lane Cove Local Planning Panel

Lane Cove Local Planning Panel 21 June 2023

22B Haughton Street, Linley Point.

Subject: 22B Haughton Street, Linley Point.

Record No: DA23/53-01 - 29010/23

Division: Environmental Services Division

Author(s): Andrew Bland

Property:	22B Haughton Street, Linley Point.
DA No:	DA53/2023
Date Lodged:	18/05/2023
Cost of Work:	$45,000.00
Owner:	P Dehsabzi & A Dehsabzi
Applicant:	P Dehsabzi

Description of the proposal to appear on determination	Construction of a roof terrace, fourth floor and associated access.
Zone	R2 Low Density Residential
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 1a
Stop the Clock used	No
Notification	Notified in accordance with Council policy and no submissions were received.
Lane Cove Planning Panel meeting 21 June 2023.	The development application has been reported to the Lane Cove Planning Panel for the following reason: - Clause 4.6 – 32.63% variation to the 9.5m height standard

EXECUTIVE SUMMARY

· On 18 May 2023 Council received the development application 53/2023 for the construction of a roof terrace, fourth floor and associated access.

· On 22 May 2023 the development application was notified in accordance with Council policy and no submissions were received.

· The development application was accompanied by a Clause 4.6 Written Request seeking to breach the 9.5m Building Height Standard LEP 2009. The proposed fourth floor would achieve a height of 12.6m which would exceed the standard by 32.63%.

· The Clause 4.6 Written Request has been considered and would be reasonable subject to the recommended conditions. Therefore, the written request has been supported.

· The proposed development includes multiple variations to the LCDCP 2010. These have been justified in the variations section of this report.

· Conditions 2, 6, 7, 8 and 9 have been recommended to control the roof terrace.

· The development application has been reported to the Lane Cove Planning Panel with the recommendation of approval subject to the recommendation of this report.

PREVIOUS APPROVALS/HISTORY

DA81/2019	Approval granted on 5 November 2019 by the Lane Cove Planning Panel for alterations and additions to an existing dwelling and a new swimming pool.
Section 4.55	Approval granted on 8 December 2020 for minor amendments to the original approval.
Section 4.55	Approval granted on 7 March 2022 for further amendments to the prior approval including changes to the roof form. A Clause 4.6 variation was supported by Council relating to a small portion of the roof which would protrude the height standard.
Section 4.55	Modification application received for a roof terrace for the entire roof with a fourth storey lobby area. On 17 October 2022 the application was withdrawn following advice from Council that it was unlikely to be recommended for Approval and that the application did not satisfy the Section 4.55 modification requirements.

SITE

Property	Lot. B DP.399481
Area	1,302sqm
Site location	The site is located on the southern side of Haughton Street in Linley Point
Existing improvements	The site is currently occupied by a two storey brick dwelling with a tile roof and a three car garage.
Shape	Irregular
Dimensions	It is an irregular shaped lot with a 14.15 metre front width (northern boundary), a rear boundary of 28.015 metres and side boundaries of 50.42 metres and 48.647 metres.
Adjoining properties	Adjoining properties include three and four storey dwelling houses.

Figure 1: Subject site highlighted in orange. (Source: Nearmaps)

Figure 2: Neighbourhood context – subject site with a blue arrow. (Source: Nearmaps)

Figure 3: Development on The Avenue – subject site located with an orange arrow. (Source: Nearmaps)

PROPOSAL

All works are related to facilitating the proposed roof terrace and associated access to this area.

The development application seeks consent for the following:

Construction of the following:

· A roof terrace with clear glass balustrades;

· A fourth storey lobby area to provide access to the roof terrace;

· Reduction of the bathroom on the first floor to accommodate the new stairs and provide increased storage;

· Extension of the lift to the roof area; and,

· Stairs to access the roof.

Demolition of the following:

· Roof access hatch.

PROPOSAL DATA/POLICY COMPLIANCE

Local Environmental Plan 2009

Zoning: R2 Low Density Site Area: 1,302m²

	Proposed	Control	Complies
Floor Space Ratio	0.42:1	0.5:1	Yes
Height of Buildings	12.6m – from the existing ground level (bottom of basement slab).	9.5m	See Clause 4.6 request bellow.

Clause 4.6 Written Request – Clause 4.3 Building Height

Clause 4.6 of LCLEP 2009 allows exceptions to development standards to provide flexibility and achieve better outcomes for and from development as a result of this flexibility. Consent must not be granted for development that contravenes a development standard unless the consent authority has considered and agrees with the written request from the applicant that seeks to justify the contravention of the development standard. This written request must demonstrate compliance with the relevant provisions of Clause 4.6 of LCLEP 2009.

Written request provided by the applicant

The applicant provided a written request seeking a variation to the height standard. The structures which would be located above the height control would be the roof terrace, the fourth storey ‘lobby area’ area, the lift and stair access from the floor below.

The maximum building height would be 12.6m where the development standard prescribes a maximum of 9.5m. This would be 32.6% over the allowable maximum height. Refer to figure 4 below. A portion of the fourth storey lobby area would achieve a height of 12.6m, however it is only a small portion as seen in figure 5 below.

A drawing of a house

Description automatically generated with low confidence

Figure 4: Section including Maximum Height measurement in purple. (Source: Council Planner)

Figure 5: Approximate location of the fourth floor extrapolated in green. (Source: Council Planner)

Clause 4.6 – Exceptions to Development Standards

(1) The objectives of this clause are as follows:

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

(4) Development consent must not be granted for development that contravenes a development standard unless:

(a) the consent authority is satisfied that:

(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Planning Secretary has been obtained.

Clause 4.6 (3) (a) & (b) the applicant is required to demonstrate:

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and,

(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

The applicant’s Clause 4.6 written request states that it is unreasonable or unnecessary to require strict compliance with the development standard in this instance, and, that there are sufficient environmental planning grounds to justify contravening the development standard for the following reasons (which have been summarised):

· The proposed development would comply with the solar access provisions which has been demonstrated in the solar access diagrams. The shadows would predominantly be cast over the roof of the approved development with no impacts to the public domain.

· Privacy would be retained for neighbours with ample setbacks and no direct overlooking into key areas as the proposed roof terrace would be located lower than the neighbours. The setbacks to the adjoining properties have been provided in figure 6 below.

· The footprint and bulk of the proposed development is not significantly different from the approved development.

· The balustrade would be clear glass and the lift would be small and located in the corner of the roof, therefore, there would be no detriment to the apparent scale of the dwelling when viewed from any point.

· Compliance with the height control would not result in a building with significantly lesser bulk and impact on neighbours.

· The proposed development would be consistent with the objectives of the R2 Low Density Residential Zone.

· There would be no excessive bulk presented to the public domain including the Lane Cove River.

· Removal of the non-compliance would not significantly alter the perceived bulk and scale due to the overall design, siting and topography.

Figure 6: Distance to adjoining properties. (Source: Nearmaps)

Comment: The Applicant has demonstrated that the proposed development would meet the solar access provisions. Due to the generous setbacks provided for the roof terrace (+16m) there would be no amenity impacts regarding overlooking and views. A condition has been included to control the size of the terrace and this limit its useability. A condition has also been included to control what hours and activities would be permissible on the terrace. Compliance with these conditions would ensure that there would be no unreasonable amenity impacts.

The proposed fourth storey would not look out of character given the size of the neighbouring developments, which include 4 and 5 storey developments. Compliance with the height control in this instance would result in a development with significantly less bulk as shown in figure 7 below. Compliance with the height would remove the excessive additional bulk located on top of the roof which already exceeds the height standard. The proposed development would have an appearance not dissimilar to the property at 12 The Avenue, Linley Point.

Figure 7: Comparison between the proposed development and 12 The Avenue, Linley Point. (Source: Applicant and Nearmaps)

The Clause 4.6 written request satisfies Clause 4.6(3) (a) & (b) of Lane Cove Local Environmental Plan 2009.

Clause 4.6 (4) (a)(i) & (ii) & (b) the consent authority must be satisfied that:

(a) the consent authority is satisfied that:

(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(b) the concurrence of the Planning Secretary has been obtained.

Development consent cannot be granted to vary a development standard unless a consent authority is satisfied that the proposed development would be in the public interest. This requires the development to be consistent with the objectives of the particular standard and the objectives of the relevant zone the development is located in. An assessment against the objectives of building height and the R2 Low Density Residential zone contained within LCLEP 2009 are provided as follows:

Height of Building Objectives

Clause 4.3 (1) provides the following objectives:-

(a) to ensure development allows for reasonable solar access to existing buildings and public areas;

Comment: The Applicant has provided a solar analysis as a means of demonstrating reasonable solar access is provided. The proposed height breach would have negligible impacts on solar access. Therefore, the proposed development meets this objective.

(b) to ensure that privacy and visual impacts of development on neighbouring properties, particularly where zones meet, are reasonable;

Comment: The Applicant has provided a view assessment of the proposed development from the Lane Cove River. The impact on views would be negligible as discussed in the Tenacity Principle Section later in this report. The generous setbacks provided and recommended conditions would ensure that usage of the terrace would be controlled and that there would be no privacy impacts. Therefore, the proposed development would be consistent with this objective.

(c) to seek alternative design solutions in order to maximise the potential sunlight for the public domain; and

Comment: The solar access provisions have been met and the proposed height variation would not overshadow the public domain. Therefore, the proposed development would be consistent with this objective.

(d) to relate development to topography

Comment: The proposed development relates to the topography of the area in that it provides development above the 9.5 height standard which would not be overbearing and would have no impacts on views or privacy given the orientation and location of adjoining dwellings.

R2 Low Density Residential Zone Objectives

The R2 Low Density Residential Zone objectives are as follows:

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

Comment: The proposed development remains as a dwelling house in a low density residential environment.

· To enable other land uses that provide facilities or services to meet the day to day needs of residents.

Comment: Not applicable for this development application.

· To retain, and where appropriate improve, the existing residential amenity of a detached single family dwelling area.

Comment: The proposed development would improve the amenity of the subject dwelling house and maintain the amenity for the adjoining neighbours.

· To encourage new dwelling houses or extensions of existing dwelling houses that are not highly visible when viewed from the Lane Cove River or Parramatta River.

Comment: All development on the subject site would be visible from the Lane Cove River as the property is a foreshore property. The proposed development would provide a reasonable bulk and scale, not dissimilar from the neighbouring properties.

· To ensure that landscaping is maintained and enhanced as a major element in the residential environment.

Comment: The proposed development would have no impacts on the existing landscaping on the site.

Comment: The proposed development is consistent with the objectives of the maximum height standard and the objectives of the R2 Low Density Residential Zone as explained above. The proposed development includes a non-compliant roof terrace and fourth floor beyond the prescribed 9.5m, however there would be negligible impacts on amenity, privacy and views. Therefore, support of the development application would not be contrary to the public interest.

The Local Planning Panel can assume concurrence for exceptions to development standards where the variation to the development standard is greater than 10%. As the proposal is referred to the Local Planning Panel for determination; concurrence is taken to be assumed.

The Clause 4.6 written request satisfies Clause 4.6 (4) (a)(i) & (ii) & (b) of Lane Cove Local Environmental Plan 2009.

Clause 4.6 Conclusion

The objectives of Clause 4.6 are to provide an appropriate degree of flexibility in applying certain development standards and to achieve better outcomes for and from development by allowing flexibility in particular circumstances. The departure from the height standard is reasonable given the sufficient environmental planning grounds identified and compliance with the objectives of the standard. The development satisfies the objectives and criteria outlined in Clause 4.6. As such, the variation is satisfactory and supported.

Comprehensive DCP

	Proposed	Control	Complies
Side setback (min)	1.4m	1500mm two storey	No, refer to variations sections.
Number of Storeys (max)	4 storeys	2	No, refer to variations sections.
Appearance in elevation	4 storeys	3 storeys	No, refer to variations sections.
Landscaped area (min) (Minimum width of 1m required to be included in area)	37%	35%	Yes
B.5 Foreshore Building Line (min)	No changes.		Yes
Solar Access	The solar access provisions would be met.	3 hrs to north-facing windows	Yes
B.4 View sharing	View loss analysis provided in SEE.		Yes - Refer to Tenacity Principle Assessment below.
Terrace depth (max)	4.5m	3m	No, refer to variations sections. Condition 2 included to reduce the size of the terrace.
Roof terrace located above the upper most floor (existing)	Roof top terrace proposed.	Prohibited.	No, refer to variations sections.
Private open space	Minimums exceeded.	24 m² (min) 4m minimum depth	Yes
Basix Certificate	No Basix Certificate required as cost of works are under $50,000.		Yes

REFERRALS

Development Engineer – Part O Stormwater Management

No objections subject to recommended draft conditions.

Lane Cove LOCAL Environmental Plan 2009 (Section 4.15(1)(a))

The proposal is permissible, complies with the development standards for Floor Space Ratio and the clause 4.6 Written Request is supported. As such the development application does not raise any issues in regard to the Lane Cove Local Environmental Plan 2009.

B.4 View Sharing

The sharing of all views is part of the character of the Lane Cove area and should be maintained where possible subject to how the view is obtained and whether the maintenance of such a view creates an unreasonable impost on adjoining landowners. Views gained across other privately-owned land are not “as of right”, as some may depend on the property that is overviewed maintaining a lower scale that is achievable under the LEP.

The Tenacity principle is a 4-step test implemented by the Land and Environment Court for the purposes of view loss assessment. The objectives of the B.4 View sharing section of the Lane Cove Council DCP 2010 outline the key components of this 4-step view sharing principle.

The four steps of the Tenacity principle area as follows:

· Step 1. Assessing the types views to be affected. Water views are valued more highly than land views. Iconic views are valued more highly than views without icons. Whole views are valued more highly than partial views.

· Step 2. Assessing what part of the property the views are obtained. Side views are harder to protect than rear or front views and seated views are harder to protect than standing views and living rooms and kitchens are more valuable than bedrooms.

· Step 3. Assessing the extent of the impact. This should be done for the whole of the property, not just the view that is affected.

· Step 4. Assessing the reasonableness of the proposal. A proposal which is fully compliant is more reasonable than one which doesn’t comply, and, proposals which have been skilfully designed are considered more reasonable.

A summarised view analysis utilising the Tenacity principle is provided below. Photo is comprised from the planners site inspection.

View analysis
Property location	View Analysis
Adjoining on the north boundary
26 Haughton Street, Linley Point. Figure 8: View from 26 Haughton Street, the proposed development would be on an approved level above the existing terracotta roof and approximately located behind the center palm tree fronds (Source: Council Planner) Figure 9: Unobstructed view west toward the Fig Tree Bridge. (Source: Council Planner)	Satisfactory – There would be minimal impacts on the partial water views obtained from the rear living areas and balconies of 26 Haughton Street. Expansive views of the Lane Cove River plus Harbour Bridge would be unobstructed in either direction from the neighbouring properties. Amendments to the proposed development would be unreasonable with negligible benefit regarding views and view sharing. Figure 10: Unobstructed view east toward the Harbour Bridge. (Source: Council Planner)

Other Planning Instruments

SEPP (Biodiversity and Conservation) 2021 - Chapter 6 - Water catchments

The subject site is within the area to which the Water catchment chapter applies and is identified as land within the “Foreshores and Waterways Area”. There would be a neutral impact on the quality of water entering the waterway. Whilst the proposed development be visible from the Lane Cove River it would be located behind the foreshore setback line. The view analysis in this report has confirmed that there would be negligible impacts on significant views to or from the Harbour, public places, landmarks and heritage items. Therefore, the proposed development is consistent with the provisions and objectives of this chapter.

SEPP (Resilience and Hazards) 2021- Chapter 4 - Remediation of land

The subject site and adjoining sites are zoned for residential purposes. Given the types of uses permissible within the residential zones, it is unlikely that the site would be contaminated.

SEPP (Resilience and Hazards) 2021- Chapter 2 – Coastal management

The subject site is within the area to which the Coastal management chapter applies. The subject site is identified as “Coastal Environment Area” (Section 2.10) and “Coastal Use Area (Section 2.11). An assessment is not required as these sections do not apply to land within the “Foreshores and Waterways Area” within the meaning of Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.

APPLICABLE REGULATIONS

The Environmental Planning and Assessment Regulation 2021 indicates that the standards for demolition and removal of materials should meet with AS 2601-2001 and therefore any consent will require the application of a relevant condition seeking compliance with the Standard.

Variations to Council’s Codes/PolicIes (seCTIONS 4.15(1)(a), (1)(b), and (1)(c))

The preceding policy assessment table identifies those controls that the proposal does not comply with. Each of the departures is discussed below.

Proposed	Control	Comment	Council support
Roof terrace	Council’s DCP 2009 Privacy – Visual and Acoustic 1.8.2 b) stipulates that “Roof terraces and decks above the upper storey are prohibited.”	The roof terrace would be reasonable in this instance for the following reasons: - Conditions have been recommended to ensure that the usability of the roof terrace is controlled and reasonable. - The proposed development complies with the solar access provisions. - The generous setbacks would ensure reasonable acoustic and visual privacy for neighbouring dwellings. - There would be minimal overlooking as the proposed development is located at least 16m from adjoining dwellings and in most instance lower than the adjoining dwellings.	Yes
4 storeys 4 storeys in appearance	Council’s DCP 2009 Height 1.7.1 e) stipulates that “A maximum of 2 storeys plus basement is permissible at any point above ground level (existing). No building will be permitted to have an appearance (in elevation) exceeding three storeys in height.”	The proposed fourth storey ‘roof lobby’ would be reasonable in this instance for the following reasons: - The proposed development is a reasonable bulk and scale which would not be dissimilar from neighbouring dwellings. - The proposed development maintains the integrity of the design and style of the existing and approved building. - The elevations to the public domain and Lane Cove River are well proportioned and designed, and, - There would be negligible impacts on overshadowing, loss of privacy, light spillage, views and neighbouring amenity due to the setback of the proposed structure.	Yes
4.5m terrace depth	Council’s DCP 2009 Privacy – Visual and Acoustic 1.8.2 c) stipulates that “Elevated decks, terraces or balconies greater than 1m above ground level (existing) to living areas are not to exceed a maximum depth of 3.0m.” Note: The roof lobby is considered to be a living area by Council.	Condition 2 has been recommended to ensure the terrace has a maximum depth of 3m. This would control the usability of the terrace to ensure there would not be unreasonable amenity and acoustic impacts on neighbours.	Refer to condition 2.
1.4m side setback	Council’s DCP 2009 Side setbacks 1.3.2 a) II. stipulates that “1.5m for a two storey dwelling.”	The proposed development would include a side setback of 1.4m for the fourth storey roof structure. This would be reasonable in this instance for the following reasons: - The nearest adjoining dwelling house would be separated by 16m which addresses privacy, - The proposed development would have no impacts on views, building separation and ventilation, and, - The proposed development complies with the solar access provisions.	Yes

RESPONSE TO NOTIFICATION (Section 4.15(1)(d))

Notified in accordance with Council policy and no submissions were received.

Council’s town planner conducted a site inspection at 26 Haughton Street to ascertain any potential view loss from the proposed structure. It was concluded at this site inspection that there would be negligible impacts on views given the expansive views toward the Harbour bridge and Lane Cove River. The owner of this property expressed no concerns with the proposed development.

CONCLUSION

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

The application meets with the Floor Space Ratio and the Clause 4.6 Written Request is supported for the reasons explained above, as required by the LEP 2009. The proposed development meets the Part C Residential Development Objectives in the Lane Cove Development Control Plan.

Accordingly, it is recommended that the Lane Cove Planning Panel approve the development application subject to the following conditions.

RECOMMENDATION

The applicant has made a written request pursuant to Section 4.6 of the Lane Cove Local Environmental Plan 2009. After considering the request, and assuming the concurrence of the Secretary has been given, the Panel is satisfied that compliance with the Height development standard is unnecessary in the circumstance of the case and that there are sufficient environmental planning grounds to support the variation. The proposed development will be in the public interest because the exceedance is not inconsistent with the objectives of the standard and of the zone in which the development is to be carried out.

That pursuant to Section 4.15 of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel, at its meeting of 21 June 2023, exercising the functions of Council as the consent authority, approve Development Application DA53/2023 for the construction of a roof terrace, fourth floor and associated access, at 22B Haughton Street, Linley Point, subject to the following conditions.

PART A – GENERAL CONDITIONS

1. A.1 - Approved plans

Development must be carried out in accordance with the following approved plans (stamped by Council), except where the conditions of this consent expressly require otherwise.

Sheet	Issue	Plan Title	Drawn By	Dated
DA201	F	Site Plan ½ & Roof Plan	Studio parisi architects	10/05/2023
DA303	F	First Floor Plan	Studio parisi architects	10/05/2023
DA304	F	Roof Plan	Studio parisi architects	10/05/2023
DA401	F	Section A	Studio parisi architects	10/05/2023
DA501	F	South Elevation	Studio parisi architects	10/05/2023
DA502	F	East Elevation	Studio parisi architects	10/05/2023
DA503	F	North Elevation	Studio parisi architects	10/05/2023
DA504	F	West Elevation	Studio parisi architects	10/05/2023

In the event of any inconsistency between the approved plans and a condition of this consent, the condition prevails.

Reason: To ensure all parties are aware of the approved plans and supporting documentation that applies to the development.

2. A.2 - Design amendments – Reduction of Roof Terrace

1. The roof terrace is to be reduced to have a maximum depth of 3m. The dimension which is to be changed is currently depicted on the plans as 4.5m.

Reason: To require minor amendments to the approved plans and supporting documentation following assessment of the development.

3. A.3 - Payment of security deposits

Before the commencement of any works on the site, or the issue of a construction certificate, the applicant must make the following payment to Council and provide written evidence of these payments to the Certifier:

Security deposit	Amount
Infrastructure damage bond	$4,000.00

The payments will be used for the cost of:

· making good any damage caused to any council property (including street trees) as a consequence of carrying out the works to which the consent relates, and,

· completing any public work such as roadwork, kerbing and guttering, footway construction, stormwater drainage and environmental controls, required in connection with this consent.

Reason: To ensure any damage to public infrastructure is rectified and public works can be completed.

4. A.9.T - Works on Council land

A separate application shall be made to Council’s Urban Services Division for any associated works on Council property. Written approval is to be obtained prior to the start of any works on Council property.

Reason: To manage impacts to Council’s assets.

5. A.11 – Construction Certificate

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

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

6. A.12 – Roof terrace hours of use

The roof terrace is only to be used between the following hours:

8:00am – 12:00pm Monday to Sunday.

The roof terrace may be used until 1am the next day on Christmas Eve, New Years Eve and Australia Day.

Reason: To protect neighbourhood amenity.

7. A.13 – Roof terrace music

There shall be no music, amplified or otherwise, on the roof terrace.

No offensive noise as defined in the Protection of the Environment (Operations) Act 1997 is to be generated from the rooftop terrace at any time.

Reason: To protect neighbourhood amenity.

8. A.14 – Roof terrace capacity

The roof terrace is limited to a maximum of 5 people at any time.

Reason: To protect neighbourhood amenity.

9. A.16 – Roof top signage

A fixed sign is to be located at the entrance of the roof terrace. This sign must clearly depict the controls as outlined in conditions 6, 7 and 8 of this consent.

Reason: To protect neighbourhood amenity.

PART B – PRIOR TO DEMOLITION WORKS

10. B.2.E - Asbestos removal, handling and disposal

The removal, handling and disposal of asbestos from building sites shall be carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations. Details of the method of removal in accordance with this condition is to be submitted to the Principal Certifier and Council’s Environmental Health Section, prior to commencing any demolition works.

Reason: To ensure worker and public health and safety.

11. B.3.EH - Compliance with demolition standard

Demolition of buildings and structures must comply with Australian Standard AS 2601—2001: The Demolition of Structures.

Reason: Prescribed condition under the EP&A Regulation 2021.

PART C - BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE

12. C.1 - Construction site management plan

Prior to any demolition works and before the issue of a construction certificate, the applicant must ensure a construction site management plan is provided to and approved by the principal certifier. The plan must include the following matters:

· location and materials for protective fencing and hoardings to the perimeter on the site.

· provisions for public safety

· 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’

· pedestrian and vehicular site access points and construction activity zones

· location of site storage areas and sheds

· equipment used to carry out all work

· a garbage container with a tight-fitting lid

The applicant must ensure a copy of the approved construction site management plan is kept on-site at all times during construction.

Council Approvals

1. Where hoarding is required to be provided along the street frontage, a Hoarding Application is to be submitted to Council for approval.

2. Any construction plant on the public road reservation requires an approved “Application for standing plant permit”.

Reason: To require details of measures that will protect the public, and the surrounding environment, during site works and construction.

13. C.2 - Erosion and sediment control plan

Prior to any demolition works or clearing of any vegetation and before the issue of a construction certificate, the applicant is to ensure that an erosion and sediment control plan is prepared in accordance with the following documents before it is provided to and approved by the principal certifier:

· Council’s development control plan,

· the guidelines set out in the NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction Certificate’ (the Blue Book), and

· the ‘Do it Right On-Site, Soil and Water Management for the Construction Industry' (Southern Sydney Regional Organisation of Councils and the Natural Heritage Trust).

The applicant must ensure the erosion and sediment control plan is kept on- site at all times during site works and construction.

Reason: To ensure no substance other than rainwater enters the stormwater system and waterways

14. C.24.E - Structural engineer’s details

The Construction Certificate plans and specifications must include detailed professional structural engineering plans and/or specifications for the following:

· upper floor level and roof framing;

· structural work;

Reason: To ensure structural adequacy.

PART D - BEFORE THE COMMENCEMENT OF BUILDING WORK

15. D.1 - Erosion and sediment controls in place

Before the commencement of any site or building work, the principal certifier must be satisfied the erosion and sediment controls in the erosion and sediment control plan, (as approved by the principal certifier) are in place until the site is rectified (at least 70% ground cover is achieved over any bare ground on site).

Reason: To ensure runoff and site debris do not impact local stormwater systems and waterways.

16. D.3 - Signs on site

A sign must be erected in a prominent position on any site on which building work or demolition work is being carried out:

a) showing the name, address and telephone number of the principal certifier for the work; and

b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours; and

c) stating that unauthorised entry to the work site is prohibited.

Any such sign is to be maintained while any demolition or building work is being carried out but must be removed when these works have been completed.

Note: This does not apply in relation to building work, or demolition work, that is carried out inside an existing building that does not affect the external walls of the building.

Reason: Prescribed condition under section 70 of the EP&A Regulation 2021.

17. D.4 - Compliance with the Home Building Act

In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

Reason: Prescribed condition under section 69 of the EP&A Regulation 2021.

18. D.5 - Home Building Act requirements

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifier for the development to which the work relates (not being Council) has given Council written notice of the following information —

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

i) the name and licence number of the principal contractor, and

ii) the name of the insurer by which the work is insured under Part 6 of that Act,

b) In the case of work to be done by an owner-builder—

i) the name of the owner-builder, and

c) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified becomes out of date, further work must not be carried out unless the principal certifier for the development to which the work relates (not being the Council) has given Council written notice of the updated information.

Reason: Prescribed condition under section 71 EP&A Regulation 2021.

PART E - WHILE BUILDING WORK IS BEING CARRIED OUT

19. E.1 - Hours of work

The principal certifier must ensure that building work, demolition or vegetation removal is only carried out between:

Monday to Friday (inclusive) 7.00am to 5.30pm

Saturday 7.00am to 4.00pm

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.

The principal certifier must ensure building work, demolition or vegetation removal is not carried out on Sundays and public holidays, except where there is an emergency.

Reason: To protect the amenity of the surrounding area.

20. E.2 - Compliance with the Building Code of Australia

Building work must be carried out in accordance with the requirements of the Building Code of Australia.

Reason: Prescribed condition under section 69 of the EP&A 2021.

21. E.4 - Implementation of the site management plans

While vegetation removal, demolition and/or building work is being carried out, the applicant must ensure the measures required by the approved construction site management plan and the erosion and sediment control plan are implemented at all times.

The applicant must ensure a copy of these approved plans is kept on site at all times and made available to Council officers upon request.

Reason: To ensure the required site management measures are implemented during construction.

22. E.6 - Surveys by a registered surveyor

While building work is being carried out, a registered surveyor is to measure and mark the positions of the following and provide them to the principal certifier —

a) All footings/ foundations

b) At other stages of construction – any marks that are required by the principal certifier.

Reason: To ensure buildings are sited and positioned in the approved location

23. E.7 - Construction noise

While building work is being carried out where no noise and vibration management plan is approved under this consent, the applicant is to ensure that any noise caused by demolition, vegetation removal or works does not exceed an LAeq (15 min) of 5dB(A) above background noise, when measured at any lot boundary of the property where these works are being carried out.

Reason: To protect the amenity of the neighbourhood.

24. E.9 - Responsibility for changes to public infrastructure

While building work is being carried out, the applicant must pay any costs incurred as a result of the approved removal, relocation or reconstruction of infrastructure (including ramps, footpaths, kerb and gutter, light poles, kerb inlet pits, service provider pits, street trees or any other infrastructure in the street footpath area).

Reason: To ensure the payment of approved changes to public infrastructure.

25. E.15.B - Critical stage inspections

Critical stage inspections are to be carried out in accordance with Section 6.5 of the EP&A Act 1979 and sections 61, 63 and 65 of the Environmental Planning and Assessment (Development Certification and Fire safety) Regulation 2021.

Where Lane Cove Council is appointed as the principal certifier, an inspection is to be booked for each of the following relevant stages during the construction process:

a) structural work;

b) upper level floor and roof framing; and

Reason: EP&A Act requirement.

26. E.18.B - No obstruction of public way

The public way and Council verge must not be obstructed by any materials, vehicles, refuse, skips or the like, under any circumstances. Non-compliance with this requirement will result in the issue of a notice by Council to stop all work on site.

Reason: To ensure public safety.

27. E.20.EH – Stockpiles

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, herb or roadside.

Reason: To mitigate adverse environmental impacts on the surrounding area.

PART F - BEFORE THE ISSUE OF AN OCCUPATION CERTIFICATE

28. F.1 - Works-as-executed plans and any other documentary evidence

Before the issue of the relevant occupation certificate, the applicant must submit, to the satisfaction of the principal certifier, works-as-executed plans, any compliance certificates and any other evidence confirming the following completed works:

(a) All stormwater drainage systems and storage systems

(b) The following matters that Council requires to be documented:

· Compliance with Part O - Stormwater Management of Lane Cove DCP 2010. Where a variation is sought, written approval shall be obtained from Council’s Urban Services Division. The stormwater from new and existing roof/impervious area can be connected to existing drainage system. In this case, Certification from a suitably qualified engineer that the stormwater pipe system is in good working order.

· Signed plans by a registered surveyor clearly showing the surveyor’s details and date of signature.

· Certification from suitable licenced contractor that the all works have been constructed satisfying relevant Australian standards.

· Certification from qualified structural engineer that the proposed construction have been completed according to approved plan and structurally satisfied.

The principal certifier must provide a copy of the plans to Council with the occupation certificate.

Reason: To confirm the location of works once constructed that will become Council assets.

29. F.2 - Completion of public utility services

Before the issue of the relevant occupation certificate, the principal certifier must ensure any adjustment or augmentation of any public utility services including gas, water, sewer, electricity, street lighting and telecommunications, required as a result of the development, is completed to the satisfaction of the relevant authority.

Before the issue of the occupation certificate, the principal certifier must request written confirmation from the relevant authority that the relevant services have been completed.

Reason: To ensure required changes to public utility services are completed, in accordance with the relevant agency requirements before occupation.

30. F.5 - Repair of infrastructure

Before the issue of an occupation certificate, the applicant must ensure any public infrastructure damaged as a result of the carrying out of building works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concreting vehicles) is fully repaired to the written satisfaction of Council, and at no cost to Council.

Note: If the council is not satisfied, the whole or part of the security/bond submitted will be used to cover the rectification work.

Reason: To ensure any damage to public infrastructure is rectified.

PART H - OCCUPATION AND ONGOING USE

31. H.1 - Release of securities / bonds

When Council receives an occupation certificate from the principal certifier, the applicant may lodge an application to release the securities held in accordance with Condition 3. Council may use part, or all of the securities held to complete the works to its satisfaction if the works do not meet Council’s requirements.

Reason: To allow release of securities and authorise Council to use the security deposit to complete works to its satisfaction.

Mark Brisby

Executive Manager

Environmental Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Lane Cove Local Planning Panel Meeting 21 June 2023

1A Epping Road, Lane Cove

Subject: 1A Epping Road, Lane Cove

Record No: DA22/163-01 - 32288/23

Division: Environmental Services Division

Author(s): Phillipa Frecklington

Property:	1A Epping Road, Lane Cove North
DA No:	DA 163/2022
Date Lodged:	22/12/2022
Cost of Work:	$9,506,304.00
Owner:	Kia Fanaian
Applicant:	Mr Ashkan Mostaghim

Description of the proposal to appear on determination	Demolition of existing building and construction of a new serviced apartment development (70 rooms) over basement parking.
Zone	E1 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 3 and 7a
Stop the Clock used	No
Notification	Notified in accordance with Council’s Notification Policy. Five (5) submissions were received.

REASON FOR REFERRAL

The application is referred to the Council’s Local Planning Panel for determination as the Council considers the application to be contentious due to the long-standing occupation of the site by Sydney City Motorcycles and the nature of the proposal.

EXECUTIVE SUMMARY

The Development Application is for demolition of the existing building and construction of a new serviced apartment development (70 rooms) over basement parking.

At the time the DA was lodged, the site was zoned B2 Local Centre. The site is currently zoned E1 Local Centre under LCLEP 2009.

Effective April 2023, State-led reforms to replace the existing business and industrial zones under the Standard Instruments (LEPs) Order 2066 changed the site zoning to E1 Local Centre. Under the previous B2 zoning, development for the purpose of tourist and visitor accommodation was permitted with consent. Under the current zoning, development for the purpose of tourist and visitor accommodation is prohibited. The Amending order contains a savings provision and provides until 26 April 2025, for the continuation of existing land use permissibility under the previous business and industrial zones. As such, the proposed services apartment development is permissible with consent.

The proposed part 3 storey and part 4-storey serviced apartment building has been designed to generally comply with the LEP height control (12m) with the exception of the lift overrun which exceeds the height control by 900mm. The applicant has submitted a Clause 4.6 written request, which was found to satisfactorily demonstrate the matters required to be demonstrated under Clause 4.6.

The proposal has been assessed against the provisions of Lane Cove LEP 2009 and Lane Cove DCP 2010 and was found to be fully compliant with the exception of the height of the lift overrun.

The proposal was notified in accordance with the Council’s notification policy and five (5) submissions were received. The concerns raised relate to traffic, parking, and suitability of the development. The submissions are summarised and addressed within this report and draft conditions are included to mitigate adverse impacts on the surrounding area during demolition and construction works.

The Development Application is referred to the Lane Cove Local Planning Panel with a recommendation for approval subject to draft conditions.

SITE

Property	Lots 100 & 101 in DP1068785 Lot 40 in DP1055894
Area	1241m²
Site location	The site is located on the north-eastern corner of Epping Road and Centennial Avenue, Lane Cove North.
Existing improvements	The site is currently developed with a two (2) storey commercial building currently occupied by Sydney City Motorcycles. Existing access to the site is via two (2) crossovers and driveways – one located in the northern corner of Centennial Avenue, the other at the south-eastern corner off Epping Road.
Shape	The site is an irregular shaped allotment.
Topography	The topography of the site is sloping from a high point on Centennial Avenue to a low point at the intersection of Epping Road and Centennial Street with a cross-fall of approximately 4.2 metres.
Dimensions	The site has a splayed frontage of 13.505m at the corner of Epping Road and Centennial Avenue to the south-west, 39.37m frontage to Centennial Avenue to the north-west, 2.155m splay at the northern corner, rear boundary of 38.115m to Canberra Street (not formed) to the north-east, 7.655m splay at the south-east corner, and 44.85m frontage to Epping Road to the south ((Figures 1 to 5).
Adjoining properties	The site is immediately adjoined by Centennial Avenue, Epping Road, and Canberra Street (unformed road reserve). To the east of Canberra Street are residential flat building developments. To the north-west of Centennial Avenue are single detached dwellings. To the south of Epping Road is a service station and residential flat buildings. Lot 10 in DEP866978, which adjoins the south-western splayed frontage at the Centennial Avenue/Epping Road intersection is owned by Lane Cove Council (Figure 2).

Figure 1: Site location (Source: Google Maps).

An aerial view of a city

Description automatically generated with low confidence

Figure 2: Aerial view of the subject site (Source: Google Maps).

Figure 3: Subject site as viewed from Centennial Avenue.

Figure 4: Subject site as viewed from Epping Road.

A building with windows on the side of the road

Description automatically generated with low confidence

Figure 5: Epping Road frontage.

PREVIOUS APPROVALS/HISTORY

DA 214/2018

Serviced Apartment Development approved by LPP on 02/07/2019. This approved alterations and additions to the existing building to accommodate a four (4) storey serviced apartment development containing fifty-six (56) rooms and basement parking for 18 vehicles. Note: The applicant is the same for this application.

Figure 6: Approved serviced apartment development under DA214/2018 showing the Epping Road elevation (top) and Centennial Avenue elevation (bottom)

DA 241/2018/2

S4.55 application withdrawn

DA214/2018/3

S4.55 application withdrawn

PROPOSAL

The proposal involves demolition of the existing building and construction of a part 3 and part 4 storey serviced apartment development containing 70 rooms above a basement parking level. The proposal description at each level is detailed below:

Basement level:

· 8 x serviced apartments with ensuites (1 accessible)

· Services room

· Staff kitchen/store

· Staff area

· 21 parking spaces (2 accessible spaces)

· Lift lobby and lift

· 1 x motorcycle spaces

· 6 x bicycle racks

· Ramp and driveway access from Centennial Avenue entry

Ground floor level:

· 20 x serviced apartments (1 accessible)

· Maids room and lift

· Pedestrian access off Centennial Avenue to lobby

· Entry and lift lobby

· Central courtyard (outdoor amenities)

· Vehicle access from Centennial Ave to basement level

· 2 x stairs and lift

· Fire Hydrant on Centennial Avenue frontage

· Loading/unloading space at street level

Level 1:

· 21 x serviced apartments (1 accessible)

· Maids room

· 2 x stairs and lift

Level 2:

· 21 x serviced apartments (1 accessible)

· Maids room

· 2 x stairs and lift

Other:

· Landscaping works

· Removal of Tree T1 adjoining the south-western splayed frontage at the Centennial Avenue/Epping Road intersection.

Figure 6: Proposed serviced apartment development showing the Epping Road elevation (top) and Centennial Ave elevation (centre) and Canberra Street elevation (bottom)

RFI

2 May 2023

The following RFI was made:

· Revised landscape package to include additional sections and elevations, updated plant schedule to include trees with canopy less than 4m diameter at maturity, landscape consultant’s company name on plans

· Submission of a Construction Noise and Vibration Management Plan

Response to the RFI and requested information was submitted to Council on 15/05/2023. All outstanding matters have been satisfactorily resolved. There are no further issues.

22 May 2023

Photomontages/3D images of the principal road frontages to Epping Road and Centennial Avenue were requested given the prominence of the corner site.

23 May 2023

· The applicant was advised that individual laundry facilities (washing machine and dryer) and kitchen facilities (cooktop, oven, fridge, sink, dishwasher, and microwave) within each unit are required to comply with the definition of serviced apartments under the standard instrument.

· Clause 4.6 written request required for LEP Height control breach for the lift overrun.

Response: The applicant submitted amended plans which include laundry facilities in each unit and replace the basement public laundry with a staff kitchen and store. A photomontage of the proposed development and clause 4.6 were also submitted.

31 May 2023

External render colour requested to be changed to a darker, more recessive tone. After discussions with the applicant, it was agreed to also introduce a sandstone finish to the planter boxes on the Centennial Avenue frontage.

Photomontage showing the original colour scheme.

Perspective showing the amended colour scheme and introduction of sandstone to the Centennial Avenue façade.

Response: Revised colour scheme submitted to the satisfaction of Council.

SECTION 4.15 ASSESSMENT

The following assessment is provided against the relevant provisions of Section 4.15 of the Environmental Planning and Assessment Act, 1979:

Section 4.15 Matters for Consideration

(a) The provisions of:-

(i) Any environmental planning instrument:

State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development 2002

Clause 4(4) of SEPP 65 states that this Policy does not apply to serviced apartments unless a LEP states otherwise. LCLEP 2005 does not contain any provisions which require SEPP 65 to apply to serviced apartments. As such, SEPP 65 does not apply to this application.

SEPP 55 Remediation of Land

The subject site and adjoining sites are zoned for residential purposes. Given the types of uses permissible within the residential zones, it is unlikely that the site would be contaminated.

SEPP (Transport and Infrastructure) 2021

Clause 2.119(1) Development with frontage to a classified road (Chapter 2, Part 2.3, Division 17) seeks to:

(a) Ensure that new development does not compromise the effective and ongoing operation and function of classified roads; and

(b) Prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.

Clause 2.119(2) seeks out the matters by which the consent authority must be satisfied in order to grant consent:

(a) where practicable and safe, vehicular access to the land is provided by a road other than the classified road, and

(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of—

(i) the design of the vehicular access to the land, or

(ii) the emission of smoke or dust from the development, or

(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

The application was accompanied by a Traffic Report (prepared by TTPA dated Dec 2022) and Traffic Noise Assessment Report (prepared by Blackett Acoustics dated Dec 2022).

The Councils Traffic Engineer has reviewed the proposal and confirmed that the proposal is acceptable from a traffic perspective, subject to recommended conditions. These are included in the draft conditions.

Lane Cove Local Environmental Plan 2009

Permissibility

At the time the DA was lodged, the site was zoned B2 Local Centre. The site is currently zoned E1 Local Centre under LCLEP 2009.

As such, the proposed services apartment development is permissible with consent.

Serviced apartments are a type of tourist and visitor accommodation, and are defined as follows under the standard instrument:

serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.

Tourist and visitor accommodation is a group term and is defined by LCLEP 2009 as follows:

tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:

(a) backpackers’ accommodation,

(b) bed and breakfast accommodation,

(c) farm stay accommodation,

(d) hotel or motel accommodation,

(e) serviced apartments,

but does not include:

(f) camping grounds, or

(g) caravan parks, or

(h) eco-tourist facilities.

The proposal is for seventy (70) serviced apartments. Each apartment contains kitchen and bathroom facilities. Amended plans have been provided to include individual laundry (washing/drying) facilities in each unit and replacement of the originally proposed public laundry at basement level with a staff kitchen/store (Figure 7).

A floor plan of a building

Description automatically generated with low confidence

Figure 7: Basement level showing the proposed staff kitchen/store (replaces the public laundry) and indicative laundry facilities in each unit.

The proposal is considered to comply with the definition of serviced apartments being self-contained accommodation to tourists or visitors on a commercial basis subject to a draft condition as follows:

Provision of Facilities: Each serviced apartment room is to include the following facilities:

· Cooktop

· Oven

· Sink (in addition to that provided in the bathroom)

· Microwave

· Fridge

· Dishwasher

· Washing Machine and Dryer (can be in combination)

The above facilities are to be detailed on the plans prior to the issue of a Construction Certificate, installed prior to the issue of an Occupation Certificate and maintained for the life of the development.

The applicant has been advised of this draft condition (23/05/23).

It is noted that this same condition formed Condition 7 of the DA214/2018 consent for the 56-unit serviced apartment development on the site and that the applicant for this application is the same for the previous DA (Mostaghim and Associates).

Additional draft conditions are included regarding ongoing use and operation of the serviced apartment development.

Clause 1.2 - Aims

The proposal, subject to daft conditions, is acceptable having regard to the aims of LCLEP 2009. The built form is compliant with the envelope controls under the LEP, except for the lift overrun.

The proposal includes a recessive colour palette of varying materials and textures to be compatible with the surrounding character.

The proposal will retain and protect significant mature trees to its rear boundary to Canberra Street Reserve (Trees T4-79 inclusive) as well as Trees T2 and T3 adjoining the south-western splayed frontage to the intersection of Epping Road and Centennial Avenue. The Council’s Tree Officer has consented to the removal of Tree T1 subject to the planting of a replacement tree (conditioned). New plantings are proposed to Centennial Avenue to further soften the visual impact of the development.

Zone E1 Local Centre Zone Objectives

The objectives of the E1 Local Centre zone in LCLEP 2009 are as follows:

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

· To encourage investment in local commercial development that generates employment opportunities and economic growth.

· To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.

· To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.

· To ensure Lane Cove village functions as a town centre in the retail hierarchy.

· To encourage urban design that maximises attractive public domain and adequate circulation space through the Lane Cove local centres for current and future users.

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

· To ensure development is commensurate with the size and strategic intent of the individual local centre and is consistent with the Council’s strategic planning for commercial development in the area.

· To maximise public transport patronage and encourage walking and cycling

Zone B2 Local Centre Zone Objectives

The objectives of the B2 Local Centre zone in LCLEP 2009 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 proposal provides for a use that would serve the needs of people who visit the area in a location close to public transport services along Epping Road which connect to Lane Cove Village, Sydney CBD, and Macquarie Park Commercial Centre. The site also connects to the existing Lane Cove to Macquarie Park cycleway on the southern side of Epping Road. The proposed building height and FSR is contextually appropriate. The landscaping treatment and building design to Centennial Avenue will create a clearly defined pedestrian entry.

Part 4: Principal development standards

The following table provides an assessment against the relevant development standards contained within LCLEP 2009:

Proposed

Control

Complies

Floor Space Ratio

1.5:1 (1861.5m²)

Yes

Height of Buildings

12.9m maximum for the lift overrun (7.5% variation / 900mm)

Main roof <12m

12m

No – refer Clause 4.6 Assessment

Clause 4.6 – Exceptions to development standards – Height of Buildings

The application seeks to vary the height of buildings development standard in Clause 4.3 of LCLEP 2009.

The site is subject to a maximum height of buildings development standard of 12m. The proposal contravenes the standard by a maximum of 900mm for the lift overrun which equates to a variation of 7.5%. The extent of the variation is limited to the lift overrun as illustrated in Figure 8 below.

Figure 8: Epping Road elevation showing the 12m LEP height control and the extent of the variation (coloured red).

A written request has been submitted to Council in accordance with clause 4.6 of Lane Cove LEP 2009 seeking to justify the contravention of the development standard by demonstrating:

a) That compliance with the development standard is unreasonable or unnecessary in the circumstances of the case; and

b) That there are sufficient environmental planning grounds to justify contravening the standard.

A copy of the applicant’s written request has been provided to the Lane Cove Local Planning Panel for consideration.

Applicant’s Written Request - Clause 4.6(3)(a) and (b)

The applicant seeks to justify the contravention of the height of buildings development standard on the following basis:

a) That compliance with the development standard is unreasonable or unnecessary in the circumstances of the case:

· The objectives of the development standard are satisfied notwithstanding non- compliance with the HOB development standard specified under clause 4.3 of the LCLEP 2009.

· This submission demonstrates that the non-compliance is the result of site conditions as opposed to poor design or insensitive siting of the building.

· The variation applies to the lift overrun only. The remainder of the building is compliant.

· The lift is centrally located within the building and the site. It is therefore not visually obtrusive when viewed from any public domain or neighbouring property.

· There is no additional height, bulk or scale of development. Consequently, there is no impact from the HOB variation for the lift overrun and it is reasonable in this particular case.

b) That there are sufficient environmental planning grounds to justify contravening the standard:

· There is no potential for this development to have a jarring effect in the streetscape. The additional height of the lift overrun does not alter the bulk or scale of the development.

· The additional height applies to the lift overrun only. The lift does not add to the perceived bulk and scale of the building when viewed from the Epping Road or areas west or south of the site;

· There is no significant intensification of the proposed use of the site that results from the additional height; it pertains only to the lift overrun.

· The site is a corner site capable of bookending the block where the site is able to accommodate the HOB variation without any additional amenity or streetscape impact;

· From public vantage points the additional HOB is barely discernible as the lift is centrally located within the building and the site.

· The proposal maintains an appropriate built form for a gateway type site.

· The building does not unduly impact upon the ongoing amenity of residents within existing dwellings on the western, northern or eastern sides of the site.

Consideration of Applicant’s Written Request - Clause 4.6(4) (a) (i) and (ii)

Development consent must not be granted unless the consent authority is satisfied that:

(a) The applicant’s written request has adequately addressed the matters required to be demonstrated by subclause 3 of clause 4.6 being that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and that there are sufficient environmental planning grounds to justify contravening the standard; and

(b) The proposed development will be in the public interest because it is consistent with the objectives of the particular development standard and the objectives for development within the zone in which the development is proposed to be carried out.

Does the written request adequately address those issues at clause 4.6(3)(a)?

It is considered that the applicant has adequately addressed that compliance with the standard is unreasonable or unnecessary in the circumstances of the case and has referenced the following

Justification as set out in Wehbe v Pittwater Council (2007) 156 LGERA 446 to justify the departure:

(a) the objectives of the development standard are achieved notwithstanding non-compliance with the standard.

Specifically, the proposal has adequately demonstrated that the objectives of the development standard have been achieved. An assessment of the proposal against the objectives of the standard is provided below.

Does the written request adequately address those issues at clause 4.6(3)(b)?

The applicant has adequately addressed that there are sufficient environmental planning grounds to justify contravening the development standard. The majority of the building is contained within the height envelope prescribed by the LEP height control with the exception of the lift overrun, which is located in the centre of the site and will not be readily discernible from the public domain. The height non-compliance will not give rise to any additional building bulk or amenity impacts on the adjoining public domain.

Strict compliance would require the removal of one level as lift access is required for accessibility. This would result in a sub-optimal urban design outcome that is inconsistent with the built form outcome on this key corner gateway site. This is considered to warrant sufficient environmental planning grounds to vary the height control in this instance.

Is the development in the public interest?

The proposed development will be in the public interest because it is consistent with both the objectives of the particular development standard and the objectives for development within the zone in which the development is proposed to be carried out.

The objectives of the height of buildings development standard are as follows:

(a) to ensure development allows for reasonable solar access to existing buildings and public areas,

(b) to ensure that privacy and visual impacts of development on neighbouring properties, particularly where zones meet, are reasonable,

(c) to seek alternative design solutions in order to maximise the potential sunlight for the public domain,

(d) to relate development to topography.

The proposal is consistent with the objectives of the height of buildings development standard in that:

· The proposal will preserve reasonable access to solar access to public areas surrounding the site.

· The site is isolated and will not adversely affect the privacy amenity of any surrounding residential development.

· The proposal has been designed to generally fall within the height envelope prescribed by the LEP height control with the exception of the lift overrun. This has been centrally located to reduce any visual bulk.

· The design of the development responds appropriately to the topography of the site.

Compliance with the zone objectives is discussed previously in this report. The proposal is consistent with the former B2 and current E1 zoning of the site. The proposal provides for a use that would serve the needs of people who visit the area in a location close to public transport services along Epping Road which connect to Lane Cove Village, Sydney CBD, and Macquarie Park Commercial Centre. The site also connects to the existing Lane Cove to Macquarie Park cycleway on the southern side of Epping Road. The proposed building height and FSR is contextually appropriate. The landscaping treatment and building design to Centennial Avenue will create a clearly defined pedestrian entry.

Conclusion

For the reasons provided above the requested variation to the height of buildings development standard is supported as the applicant's written request has adequately addressed the matters required to be addressed by clause 4.6 of the Lane Cove LEP 2009. The proposed development would be in the public interest because it is consistent with the objectives of the height of buildings development standard and the objectives of the E1 Local Centre and former B2 local centre zones.

Clause 6.1: Acid sulfate soils

The site is not mapped within any class of acid sulfate soils on the Acid Sulfate Soils Map. As such, there are no further matters for consideration under this Clause.

Clause 6.1A: Earthworks

The application involves excavation to accommodate a basement level. A preliminary investigation has been undertaken by Dr Upsilon Environments Pty Ltd (Dec 2022). The Report identifies the likely presence of Asbestos fragments on the Council-owned portion of land adjoining south-west facing splayed frontage. Although this land does not form part of the site, the exposed soil surfaces are connected with the site.

The Report concludes that the site can be made suitable for the proposed use subject to a number of recommendations detailed in Section 9 of the Report. A draft condition requiring compliance with these recommendations is included.

The Council’s Engineer and Environmental Health Officer have reviewed the proposal and raised no objections, subject to recommended draft conditions.

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

Not applicable.

(iii) Any development control plan

Lane Cove Council Development Control Plan 2010

Lane Cove Development Control Plan does not contain any specific provisions relating to serviced apartments. The proposal has been assessed against the relevant sections of LCDCP 2010 as follows:

Part B – General provisions
Clause	Proposed	Compliance
B.2 Public domain	The proposal does not include public domain works. The redundant vehicular crossover to Epping Road will be removed. The proposal will maintain two existing mature trees on Council-owned land adjoining the splayed frontage to the south-west.	Yes
B.3 Site amalgamation and development on isolated sites	The site has two street frontages and is an existing isolated site. The proposal does not include amalgamation of the existing lots within the site. This does not preclude the orderly and efficient development of the site.	Yes
B.4 View sharing	The proposal will not give rise to any view impacts.	Yes
B.6 Environmental Management	The proposal is acceptable regarding solar access to public spaces, and energy and water efficiency. A condition requiring compliance with the BCA, including Section J – Energy Efficiency, is included as a draft condition. It is noted that shadow diagrams have not been submitted with the DA. This is acceptable given the site is bounded by roads.	Yes
B.8 Safety and security	The proposal would promote casual surveillance of the adjoining public domain. Internal lift access is provided from each level to the basement car park. Pedestrian access to the building is provided from a single secure access point off Centennial Avenue. The entry is clearly defined.	Yes

PART D – Commercial and mixed-use development

D1 – General Provisions

Clause

Requirement

Proposed

Compliance

1.1 Building Form

1.1.1 – Building to Street Frontages

1.1.1(a)(I) – Street frontage built predominantly to the street alignment.

1.1.1(a)(I) – Street setback of a maximum of 2m is permitted for suitable use such as outdoor seating.

The proposal is generally built to the street alignment to Epping Road. A 3m setback is generally proposed to Centennial Avenue. The protrusions into the 3m setback to Centennial Avenue including various landscape treatments, utilities, emergency exit etc. are supported. The principal facades are articulated through splayed walls.

Yes

1.1.2 Street Frontage Heights

Refer to controls for specific zones and localities.

The site is not a designated ‘locality’ and as such does not have a designated street frontage height of two storeys. The site is isolated from other business zones and would not impact the establishment of a consistent frontage height in its context.

N/A

1.1.3 Street Frontage Activities

1.1.3(a) Street and lane frontages to incorporate one or more at street level:

- Entrances to residential and commercial occupying less than 50% of the street frontage;

- Retail shop front, cafes or restaurants, if accompanied by an entry from the street.

- Active office uses if visible from the street.

- Civic or community building if accompanied by an entry.

- Allow for visual interest on the external face of fire escapes, service doors and equipment hatches.

1.1.3(b) – Limit opaque or blank walls for ground floor uses to 20% of the street frontage.

1.1.3(c) – Minimise the extent and visual impact of vehicles entrances and other entries not associated with actives uses or building entries.

1.1.3(d) – Provide enclosure on corner sites to define the corner.

1.1.3(e) – All street frontage windows at the ground floor level are to have clear glazing.

1.1.3(f) – Security grilles are to be fitted only within the shop itself. Such grilles are to be transparent.

1.1.3(g) – Provide multiple entrances for large developments including an entrance on each street frontage.

- The pedestrian entry off Centennial Avenue occupies less than 50% of the frontage.

- Landscaping treatments to the Centennial Avenue frontage are proposed to create a clearly defined entry and passive activation of the adjoining public domain.

- The road frontages incorporate glazing to mitigate blank facades and encourage passive activation/surveillance of the adjoining public domain.

- The basement car park entry is located in the north-western corner to reduce its visual impact on the streetscape.

- The single pedestrian entry off Centennial Avenue is supported. The location is more pedestrian friendly and will provide additional safety and amenity for residents and visitors

- No openings are proposed to the splayed corner frontage

Yes

N/A

1.1.4 Building Depth and Bulk

1.1.4(a) For Commercial Developments in all business zones:

- The max. floor plate is 2,000m² as two separate 1000m² building elements.

- The horizontal dimension of any single building façade must not exceed 50m.

- Use atria, light wells and courtyards to improve internal building amenity and achieve cross ventilation and or stack effect ventilation.

The maximum proposed floor plate is 576m².

Maximum 41m (excluding splayed frontage) to Epping Road.

Light wells and courtyards have been incorporated to improve amenity by light and ventilation to the internal lobby areas.

Yes

1.1.5 – Building Separation

The separate 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 (see figure in DCP).

The site is an isolated business zone and the requirements for building separation do not apply.

N/A

1.1.6 – Setbacks (Note: Former B2 zone controls applied)

	Storey	DCP	Proposed	Compliance
Front – Epping Road	1-3	0m	0m generally allowing for articulation elements	Yes
Secondary street frontages / corner sites / Centennial Avenue	1-2	0m	3m generally allowing for articulation elements. Protrusions acceptable.	Yes
	3+	3m	As above.	Yes
Side setback - Canberra Street (unformed)	1-2	0m	3m to Canberra Street (unformed road)	Yes
Side setback - Canberra Street (unformed)	3+	3m	3m to Canberra Street (unformed road)	Yes

Yes

1.1.7 – Building Design and Exteriors

1.1.7(a) Floor to ceiling heights.

1.1.7(b) Materials, colours, finishes, proportion and scale of new development should add interest to facades and the streetscape.

1.1.7(c) Avoid large unbroken expanses or blank wall on any façade adjacent to the public domain.

1.1.7(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.

1.1.7(e) The design of roof plants and lift overruns must be integrated into the overall architecture of the building.

1.1.7(f) Balconies and terraces should be provided, particularly where building overlook public open spaces. They should be avoided where they overlook the private open space areas and severely impact the privacy of the adjoining residential properties.

1.1.7(g) Gardens on top of setback areas of buildings are encouraged.

The floor to ceiling heights are suitable for the development-type proposed (3m).

The revised material schedule comprises recessive tones and articulation elements (splayed walls and glazing) to create visual interest.

The proposal provides suitable articulation of the façades and avoids blank walls.

The proposal is purpose- built for serviced apartments and flexible building layouts are not considered necessary in this instance.

A services room (17m²) is provided at basement level. The lift overrun is contained within the 12m LEP height control.

The glazed elements to the road frontages will provide passive surveillance of the adjoining public domain.

Landscaped garden beds define the pedestrian entry from Centennial Avenue. The proposal also provides for internal amenity through landscaping of the internal courtyard. This is considered to be an appropriate design response given the sites frontage to a classified road.

Yes

1.2 Excavation

1.2(a) All development is to relate to the existing topography of the land.

1.2(b) Excavation for major development is to be contained within the footprint of the development.

1.2(d) Uses at ground level are to respond to the slope of the street by stepping frontages and entries to allow the slope.

The proposal would appropriately relate to the topography of the land.

Excavation for the basement level is generally contained within the footprint of the development.

The building appropriately addresses the Centennial Avenue slope through design that provides both accessible and non-accessible entrances.

Yes

1.3 Design and Location of On-Site Parking

1.3(a) Parking of vehicles is prohibited in setback areas.

1.3(b) All developments must incorporate the required car parking on-site.

1.3(f) Vehicle entry should be easily accessible and recognisable to motorists, located to minimise traffic hazards and queuing on public roads, minimise the loss of on-street parking and number of access points, located away from main pedestrian entries and on secondary frontages, located having regard to any approved cycling routes.

1.3(g) Avoid black holes in the façade for major development by providing security doors to car park entries.

1.3(h) Return the façade material into the car park entry recess up to the extent visible from the street.

1.3(i) Parking/service located underground or appropriately screened from adjacent residential and public domain.

1.3(j) Minimise conflicts with pedestrians/cyclists and impacts on residential amenity.

1.3(k) Blank wall to be avoided.

1.3(o) Integrated ventilation grills etc. in to the façade and landscape design.

1.3(p) Provide safe and secure access for building users, including direct access to residential apartments where possible.

1.3(q) Basement parking is to be adequately ventilated, predominantly located within the building footprint, located fully below ground level with a max project of 1.2m to a non-street frontage.

No parking in setback areas is proposed.

Complies. 20 spaces are required. 21 spaces are proposed.

The proposal seeks to close access from Epping Road which is a classified road access point. TfNSW have reviewed the proposal and concur with the approach and have further specified left-in/left-out access from Centennial Avenue which would prevent queuing north-eastward on Centennial Avenue.

A ramp entry is proposed for the car park. No black holes are proposed as the driveway is not contained within the building footprint.

n/a

An SRV loading bay is proposed adjacent to the driveway entry. No objections are raised to this. The basement is concealed from public view.

The number of vehicular crossings has been reduced to one. The driveway off Centennial Avenue is existing and will be retained.

No blank walls are proposed.

The car park design is integrated with the building design and landscape treatment.

Direct access to basement car parking is proposed.

Compliance with BCA conditioned.

Yes

N/A

Yes

1.4 Car Parking

1.4.1 Except in the case of shop top housing, a cash contribution may be made to Council in lieu of required parking not provided on-site in accordance with Council’s Section 7.12 Plan.

On-site parking complies with the requirement.

Yes

1.6 Reflectivity

1.6(a) Visible light reflectivity from building materials used on the facades of new buildings should not exceed 20%.

1.6(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 motorist may be required.

The proposal comprises a recessive material palette. The potential of adverse reflected solar glare conditions affecting motorists, cyclists, and pedestrians has not been assessed. Accordingly, a draft condition is recommended requiring a reflectivity report to be prepared prior to the issue of a CC.

Yes, subject to conditions.

1.7 External Lighting

1.7(a) Any external lighting of buildings is to be considered with regard to the integration of external light fixtures with architecture, the visual effects to the character of building, surrounds and skyline, the energy efficiency and the amenity of residents in the locality.

1.7(b) Floodlights for buildings are prohibited.

Compliance with the BCA is conditioned.

Yes

1.8 Landscaping

1.8(a) Locate basement car parking predominantly under the building footprint to maximise landscaping opportunities.

1.8(b) Deep soil zones in atria, courtyards and boundary setbacks are encouraged.

Satisfactory. Section details demonstrating adequate soil depth and drainage have been provided.

The proposal includes planting on structures which is considered appropriate in the context.

Yes

1.10 Solar Access

1.10(a) – Commercial developments not to reduce adjoining dwelling sunlight to below 3 hours to a portion of habitable rooms between 9am and 3pm on 21 June.

1.10(b) Where adjoining is currently less, this is to be at a minimum maintained.

1.10(C) Solar access requirement in accordance with ADG (70%) to high density residential development.

1.10(d) Single aspect in accordance with ADG (max 10%).

1.10(e) Concessions to the above available if topography and lot orientation result in the standard being unreasonable.

The site is orientated in a north/south direction and the overshadowing is principally over the road with some overshadowing in the morning period extending across to a service station on the southern side of Epping Road. Solar access complies with the DCP.

Yes

1.11 Access and Mobility

Compliance with the relevant AS and Part F of the DCP.

An access report was submitted with the DA. This indicates that the proposal is capable of achieving compliance with the BCA – Part D3, Clause E3.6, F2.4m and F2.9; AS1428.1-2009, AS1428.4.1-2009; AS 2890.6-2009; and Disability (Access to Premises) Standards 2020.

Yes

A summary of the assessment against other relevant parts of the Lane Cove Development Control Plan 2010 is provided as follows:

Referral

DCP

Comment

Accessibility

Part F – Access and Mobility