Agenda

Lane Cove Local Planning Panel Meeting

5 July 2023

Notice of Meeting

Dear Panel Members,

Notice is given of the Lane Cove Local Planning Panel Meeting, to be held in the Council Chambers on Wednesday 5 July 2023 commencing at 5pm . The business to be transacted at the meeting is included in this business paper.

Yours faithfully

Craig Wrightson

General Manager

Lane Cove Local Planning Panel Meeting Procedures

The Lane Cove Local Planning Panel (LCLPP) meeting is chaired by The Hon David Lloyd KC or alternate Chairs. The meetings and other procedures of the Panel will be undertaken in accordance with the Lane Cove Lane Cove Local Planning Panel Charter and any guidelines issued by the General Manager.

The order of business is listed in the Agenda on the next page. That order will be followed unless the Panel resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.

Members of the public may address the Panel for a maximum of 3 minutes.  All persons wishing to address the Panel must register prior to the meeting by contacting Council’s Office Manager – Environmental Services on 9911 3611. Where there are a large number of objectors with a common interest, the Panel may, in its absolute discretion, hear a representative of those persons.

Minutes of LCLPP meetings are published on Council’s website www.lanecove.nsw.gov.au as soon as possible following the meeting. If you have any enquiries or wish to obtain information in relation to LCLPP, please contact Council’s Office Manager – Environmental Services on 9911 3611.

Please note meetings held in the Council Chambers are Webcast. Webcasting allows the community to view proceedings from a computer without the need to attend the meeting. The webcast will include audio of members of the public that speak during the meeting. Please ensure while speaking to the Panel that you are respectful to other people and use appropriate language. Lane Cove Council accepts no liability for any defamatory or offensive remarks made during the course of these meetings.

The audio from these meetings is also recorded for the purposes of verifying the accuracy of the minutes and the recordings are not disclosed to any third party under the Government Information (Public Access) Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

Lane Cove Local Planning Panel 5 July 2023

TABLE OF CONTENTS

DECLARATIONS OF INTEREST

APOLOGIES

NOTICE OF WEBCASTING OF MEETING

Lane Cove Local Planning Panel Reports

1.       243 Longueville Road, Longueville.................................................................. 4

2.       5 Mary Street, Longueville............................................................................... 18

Lane Cove Local Planning Panel Meeting 05 July 2023

243 Longueville Road, Longueville

Subject:          243 Longueville Road, Longueville  

Record No: DA23/39-01 - 34843/23

Division:         Environmental Services Division

Author(s):      Phillipa Frecklington 

Property:	243 Longueville Road, Longueville
DA No:	DA39/2023
Date Lodged:	21/04/2023
Cost of Work:	$22,000
Owner:	Lane Cove Council
Applicant:	Longueville Sporting Club

Description of the proposal to appear on determination	Extension to an existing shade cloth and associated works – Longueville Sporting Club.
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
Stop the Clock used	No
Notification	Notified in accordance with Council’s Community Participation Plan. No submissions were received.

REASON FOR REFERRAL

The Development Application is referred to the Lane Cove Local Planning Panel to determine on behalf of the Council as the land owner is the Council in accordance with Council’s Conflict of Interest Policy.

EXECUTIVE SUMMARY

The Development Application is submitted by Longueville Sporting Club (“The Diddy”) for the extension of an existing shade cloth and additional paved area at 243 Longueville Road, Longueville.

The Development Application has been assessed against the provisions of Lane Cove Local Environmental Plan 2009, Lane Cove Development Control Plan 2009 and the Lane Cove Community Land Plan of Management and is considered to be satisfactory.

The Development Application was notified in accordance with Council’s notification policy and no submissions were received.

The new shade cloth will enhance the amenity of the existing outdoor area and provide sun protection to patrons. 

The Development Application is reported to the Lane Cove Local Planning Panel to determine on behalf of Council with a recommendation for approval.

SITE

Property	Lot 1 / DP 917402 Lot 1 / DP 917813 Lot 1 / DP 115668
Area	3,155.85m² (243 Longueville Road)
Site location	243 Longueville Road, Longueville. The site forms part of a larger landholding owned by the Council which includes 245 Longueville Road (Figure 1) and is zoned RE1 Public Recreation. The site is a corner allotment with frontage to Kenneth Street, Northwood Road, and River Road West.
Existing improvements	The site is developed with a single storey building occupied by the Longueville Sporting Club, ancillary pizza oven, outdoor seating area, and bowling green. The Longueville sporting club traverses the boundary of 245 Longueville Road, owned by the Council, which includes Central Park, and Lane Cove Tennis Club operated courts. The proposed existing improvements relate to 243 Longueville Road only.
Shape	Rectangular                                            Irregular ü
Adjoining properties	The site is adjoined by Council owned land at 245 Longueville Road to the south and low-density residential dwellings to the west.

Figure 1: Subject site at 243 Longueville Road. The site forms part of a larger landholding by the Council which includes 245 Longueville Road.

Figure 2: Aerial locality plan.

Figure 3: Proposed works.  

Figure 4: Existing outdoor seating adjoining the bowling green and outdoor pizza oven.

PREVIOUS APPROVALS/HISTORY

DA147/2021

Covered outdoor pizza area

Approved by LPP 03/03/2022

PROPOSAL

The proposal involves:

·    Extension of an existing shade sail of approximately 50m² above an existing outdoor area including three (3) supporting posts.

·    Landscaping works including removal of an existing buxus hedge and an additional 29m² paved area underneath the new shade.

Figure 5: Site plan showing the proposed works.

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:

Local Environmental Plan 2009 (Section 4.15(1)(a)(i))

Zoning:	RE1 Public Recreation. The proposal is consistent with the zone objectives.
Permissibility:	The proposed development forms part of the continued use of the Longueville Sports Club as a community facility, recreation facility (outdoor) and restaurant, all of which are permissible with consent in the RE1 Public Recreation zone.

Lane Cove Comprehensive DCP 2010

There are no applicable controls under LCDCP 2010. As such a merit-based assessment is applied, as follows:

·    The proposal is consistent with the relevant objectives for the DCP contained in clause 1.1:

     The proposal will support the locality’s sustainability in environmental, social, and economic terms by enhancing the amenity of the community facility/restaurant /recreation facility (outdoor) for patrons.

     The design of the proposal will not detract from the visual quality of the surrounding area and its relationship with the adjoining public domain.

     The proposal will provide for enhanced sun protection.

·    The proposal does not involve any tree removal. A draft condition is included to protect an existing mature Cherry Alder Tree during construction works. The three (3) structural poles of 120mm diameter will not encroach within 4m of the tree.  

·    The proposal has been skillfully designed to be integrated with the existing sail structure.

·    The proposal is not considered to give rise to any adverse environmental impacts. The site is located on a corner allotment with the works appropriately setback from the road frontage. No additional seating or restaurant capacity is sought as part of this application.

·    The extended shade structure and associated paving will enhance the amenity of an existing outdoor area used by the sporting club and restaurant. The proposal is not considered to generate any additional noise impact beyond the existing facilities.

·    The additional paved area of 29m² and associated removal of an existing Buxus hedge and grassed area will not impact upon use of the recreational (outdoor) areas of the site.

Therefore, the proposal is acceptable on merit.

Part Q: Waste Management and Minimisation

The submission of a Waste Management Form is exempt for the proposed works.

Part O: Stormwater Management

A drainage plan has not been submitted with the DA package. The site analysis plan indicates that stormwater from the shade sails will flow onto existing paved and grassed areas and dissipate to ground water.

Community Land Plan of Management (Adopted 21 October 2019)

The Lane Cove Council Community Land Plan of Management covers management of Central Park, which includes 243 and 245 Longueville Road, owned by the Council. The site is categorised within the Plan of Management as ‘general community use’.

The proposal is consistent with the objectives, land use and desired outcomes of the Plan of Management as it allows for the continued/well-managed use of the site for a community purpose associated with the Longueville Sporting Club that is compatible with adjoining land uses.

REFERRALS

Development Engineer

No objections subject to recommended draft conditions.

Tree Preservation Officer

No objections subject to recommended draft conditions. Consent is given for minor pruning and encroachment of the Tree Protection Zone (TPZ) of an existing Syzygium leuhmannii tree at the front of the site from the installation of shade cloth footings and minor pruning.

APPLICABLE REGULATIONS

Section 61(1) of the Environmental Planning and Assessment Regulation 2021 requires the consent authority to consider the Australian Standard AS 2601-2001: The Demolition of Structures. As the proposal involves removal of landscaped area, compliance with AS2601-2001 is included as a draft condition. 

LIKELY IMPACTS OF THE DEVELOPMENT (Section 4.15(1)(b))

The impacts of the development have been considered. The proposal is not considered to give rise to any adverse environmental, social or economic impacts.  Draft conditions are included to require:

·    Protection of the existing Cherry Alder tree in accordance with AS 4970-2009 The protection of Trees on Development Sites.

·    The shade cloth to be affixed in accordance with professional engineer’s specifications and certification prior to issue of the occupation certificate.

·    The shade structure to be constructed from a non-combustible material.

·    Outdoor lighting to comply with Australian Standard AS 4282-1997 – Control of the obtrusive effects of outdoor lighting.

·    No obstruction including stockpiling of materials of the public pathway.

SUITABILITY OF THE SITE (Section 4.15(1)(b))

The proposal is suitable for the site and will improve the amenity of the existing community facility for club members and members of the public.

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

The application was notified in accordance with Council’s Community Participation Plan 2019 from 24 April to 9 May 2023. No submissions were received. 

CONCLUSION

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

The application is acceptable regarding the Lane Cove LEP 2009, the Lane Cove DCP 2010 and   the Lane Cove Community Land Plan of Management 2019. The proposal will improve the amenity of an existing community facility for patrons.

On balance, the proposed development would be reasonable and is therefore recommended for approval.

RECOMMENDATION

That pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 5 July 2023, exercising the functions of Council as the consent authority, grant consent to Development Application 39/2023 for extension to an existing shade cloth and associated works – Longueville Sporting Club at 243 Longueville Road, Longueville, subject to the following conditions:

PART A – GENERAL CONDITIONS

1.         A.1 - Approved plans and supporting documentation

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

Plan No	Plan Title	Drawn By	Dated
A.01	Full Site Plan	Officepoint Drafting	15/03/2023
A.03	Site Analysis Plan		28/03/2023
A.04	South Elevation		14/03/2023
A.05	North Elevation		14/03/2023
A.06	Landscaping Plan		28/03/2023

Document Title	Version No.	Prepared By.	Dated
Statement of Environmental Effects	-	-	April 2023

In the event of any inconsistency between the approved plans and the supporting documentation, the approved plans prevail. In the event of any inconsistency between the approved plans and any condition(s) of this consent, the condition(s) prevails.

Note: An inconsistency occurs between an approved plan and supporting documentation or between an approved plan and a condition when it is not possible to comply with both at the relevant time.

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

2.         A.3 - Payment of security deposits (if applicable)

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

Security deposit	Revision
Infrastructure Damage Bond	$4,000.00

A $4000.00 cash bond or bank guarantee shall be lodged with Council to cover any infrastructure damage.

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,

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

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

3.         A.7.L   Tree preservation and approved landscaping works

All landscape works shall be undertaken in accordance with the approved landscape plan,

The protection of trees in Lane Cove is regulated under the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (SEPP) parts 2.2 and 2.3 which prohibits the clearing of vegetation without the authority conferred by a permit granted by Council. Clearing under the SEPP is defined as:

a)   cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or

b)   lop or otherwise remove a substantial part of the vegetation.

The clearing of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW).

The maximum penalty that may be imposed in respect to any such offence is $1,100,000 per individual and $5, 500,000 per corporation.

The following trees shall be retained:

Tree No.	Species	Location	Dimension (metres)
1	Syzygium leuhmannii	Front of property	8 x 8

This consent gives approval to carry out the following works in Tree Protection Zones:

Tree No.	Species	Location	Permitted works in TPZ
1	Syzygium leuhmannii	Front of property	Installation of shade cloth footings, minor pruning

No Trees are to be removed as part of this consent.

Reason: To ensure the protection of trees to be retained and to confirm trees removed for pruning/removal.

4.         No building or demolition works prior to release of construction certificate

The building work, or demolition work, must not commence until:

a)   A Construction Certificate has been obtained from the Council or an Accredited Certifier in accordance with the Environmental Planning and Assessment Act, 1979.

b)   A Principal Certifying Authority has been appointed and Council has been notified of the appointment in accordance with the EP&A Act 1979 and the EP&A Regulation 2021.

c)   Council is given at least two days’ notice in writing of the intention to commence the building works.

Reason: Statutory requirement.  

5.         Shade structure material

The shade structure shall be constructed from a non-combustible material.

Reason: To mitigate fire risk. 

PART B – PRIOR TO DEMOLITION WORKS

6.         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 EP&A Regulation 2021.

7.         B.14 - Special Condition - Tree Protection Measures Fencing

The following tree protection measures must be in place prior to demolition works and certified by the project arborist.

Tree Protection Fencing must be installed within the following locations:

1.   Offset 2m form the trunk of T1 to protect root system and trunk of tree

The fencing must consist of a 1.8 m high chain mesh fence held in place with concrete block footings and fastened together. An example of fencing is shown under figure 3 on page 16 of the Australian Standard 4970-2009 The Protection of Trees on Development. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

A waterproof sign must be placed on every second panel stating, ‘NO ENTRY TREE PROTECTION AREA – this fence and sign are not to be removed or relocated for the work duration.’ The minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

Such fencing and signage must be erected Prior to Demolition including site preparation and remain in place for the duration of the construction work

Movement of Tree Protection Fencing must be overseen and approved by the project Arborist with notification provided to Council’s Tree Management Officer in writing.

Reason: To protect the natural environment.

PART C - BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE

8.         C.1 – Construction site management plan

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

a)   location and materials for protective fencing and hoardings to the perimeter of the site

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

c)   provisions for public safety

d)   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’

e)   pedestrian and vehicular site access points and construction activity zones

f)    location of site storage areas and sheds

g)   equipment used to carry out all work

h)   a garbage container with a tight-fitting lid

i)    protective measures for on-site tree preservation (including in accordance with AS 4970-2009 Protection of trees on development sites

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

Council Approvals

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

·    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.

9.         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 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.

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

The shade cloth is to be affixed in accordance with professional engineer’s specifications with details included on the construction certificate documentation. 

Reason: To ensure the structural integrity of the extended shade cloth.

PART D – BEFORE THE COMMENCEMENT OF BUILDING WORK (INCLUDING DEMOLITION)

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

Before the commencement of any site or demolition works, 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 achieved over any bare ground on site).

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

12.       D.2 - Tree protection measures

Before the commencement of any demolition works, the principal certifier must ensure the measures for tree protection detailed in the construction site management plan are in place. Tree protection measures shall comply with AS4970-2009 – Protection of trees on development sites.

Reason: To retail and protect trees on the site.

13.       D.3 - Signs on site

A sign must be erected in a prominent position on any site on which the building and 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 the building work or demolition work is being carried out but must be removed when the work has 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 EP&A Regulation, clauses 98A (2) and (3).

PART E: CONDITIONS TO BE COMPLIED WITH WHILE WORKS ARE BEING CARRIED OUT

14.       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)       7am to 5.30pm 

Saturday                                      7am to 4.00pm

Sunday and public holidays         No works permitted

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 demolition is not carried out on Sundays and public holidays, except where there is an emergency.

Unless otherwise approved within a construction site management plan, demolition/construction vehicles, machinery, goods, or materials must not be delivered to the site outside the approved hours.

Note: Any variation to the hours of work requires Council’s approval.

Reason: To protect the amenity of the surrounding area.

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

All works must comply with the requirements of the Building Code of Australia.

16.       E.8 - Tree protection

While demolition and building work is being carried out, the applicant must maintain all required tree protection measures in good condition in accordance with the construction site management plan required under this consent, the relevant requirements of AS 4970-2009 Protection of trees on development sites, any arborist’s report approved under this consent and conditions B14, B15 and B16. This includes maintaining adequate soil grades and ensuring all machinery, builders refuse, spoil and materials remain outside tree protection zones.

Reason: To protect trees during demolition works.

17.       E.25 – Stockpiling of Materials

No stockpiling of materials, building equipment or additional activities listed in section 4.2 of AS4970-2009 The Protection of trees on Development Sites is to occur within designated tree protection areas or on the Council Owned Nature Strip. All building materials must be stored within the subject site.

Reason: To mitigate damage to Council land.

18.       E.26 – Tree Pruning

No stockpiling of materials, building equipment or additional activities listed in section 4.2 of AS4970-2009 The Protection of trees on Development Sites is to occur within designated tree protection areas or on the Council Owned Nature Strip. All building materials must be stored within the subject site

Council grants consent for the pruning of Tree #1 Syzygium leuhmannii at the front of the property. Pruning is to consist of the following:

Selective prune of 2nd and 3rd order branches to achieve adequate branch clearance for the newly erected shade structure. Final cuts <60mm diameter at branch junctions with 10% live foliage to be removed

All pruning works must be done in accordance with AS4373-2007 The Pruning of Amenity Trees. All branches must be pruned to branch collars to the specified branch diameters listed above.

Works may only be undertaken Upon issue of a construction certificate. Pruning outside of the authorised works will result in regulatory action.

Reason: To provide appropriate construction clearances whilst maintaining health and aesthetic of tree.

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

The public way 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.

20.       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, kerb or roadside.

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

PART F – BEFORE THE ISSUE OF AN OCCUPATION CERTIFICATE

21.       F.1 – Structural Engineer Certification

Before the issue of the relevant occupation certificate, the applicant must submit, to the satisfaction of the principal certifier, a compliance certificate that the proposed shade structure has been constructed in accordance with the professional structural engineer’s specifications.

Reason: To ensure the structural integrity of the works to the public community facility. 

22.       F.7 - Completion of landscape and tree works

Before the issue of an occupation certificate, the principal certifier must be satisfied that all landscape works (paving), including protection of the Cherry Alder tree, have been completed in accordance with the approved plans and any relevant conditions of this consent.

Reason: To ensure the approved landscaping works and tree protection in accordance with this consent.

23.       F.13.EH - Outdoor lighting

Outdoor lighting shall comply with Australian Standard AS 4282-1997 – Control of the obtrusive effects of outdoor lighting.

ATTACHMENTS:

There are no supporting documents for this report.

Lane Cove Local Planning Panel Meeting 05 July 2023

5 Mary Street, Longueville

Subject:          5 Mary Street, Longueville   

Record No: DA23/25-01 - 33471/23

Division:         Environmental Services Division

Author(s):      Andrew Thomas 

Property:	5 Mary Street, Longueville
DA No:	D25/23
Date Lodged:	23.3.23
Cost of Work:	$3,500
Owner:	D. and S. and S. Petrovic
Applicant:	Dragoslav Petrovic

Description of the proposal to appear on determination	The re-subdivision (boundary adjustment) of two existing Torrens tile lots into two equal-sized Torrens title lots.
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	No classification
Stop the Clock used	No
Notification	Neighbours                             1, 3, 7 and 9 Mary Street and 2, 4, 6, 8, 10 and 10A Stuart Street. Ward Councillors                   Central Progress Association             Longueville Residents Association. Other                                     Lane Cove Historical Society.

REASON FOR REFERRAL

Development Application D25/23 is referred to the Lane Cove Local Planning Planal given the concerns raised by neighbours and because the Applicant has lodged a deemed refusal appeal in the Land and Environment Court (NSW).

EXECUTIVE SUMMARY                       

·    The subject site comprises two Torrens title lots: one lot has an area of 695.6m² and a frontage of 15.24m and the other lot has an area of 418.1m² and a frontage of 9.145m.

·    The site is vacant.

·    The application proposes to adjust the common side boundary of both lots by about 3m to re-subdivide the site into two Torrens title lots of equal size so that each proposed lot would have an area of 557.5m² and a frontage of 12.19m.

·    Subdivision is permissible with consent under clause 2.6 of the Lane Cove Local Environmental Plan 2009 (the LEP).

·    The area of both proposed lots complies with the minimum lot size of 550m² under the LEP. 

·    The width of both proposed lots does not comply with the minimum frontage provision of 15m under the Lane Cove Development Control Plan 2009 (the DCP).

·    Seven submissions have been received in response to Council’s notification of the application. In summary, the main concerns and issues raised in these submissions are:

-     the non-compliant width of both proposed frontages;

-     its impact on an adjoining heritage item and a rear property;

-     its impact on a shared driveway;

-     the applicant’s motives; and

-     its impact on health.  

·    Council officers who have commented on the proposal have either recommended conditions or raised no concerns. By contrast, Council’s Heritage Adviser does not support the proposal because:

-   the narrow frontage proposed for each lot would be below the DCP requirement;

-   the area proposed for each lot would be far less than lot sizes prevailing in Mary Street  and elsewhere in Longueville; and

-  of its unacceptable impact on an adjoining residential property that is a heritage item under the LEP.

·    The proposal would result in two equal-sized lots that would create the potential for a better development outcome on the site and for adjoining and adjacent property owners.

·    The proposed application is recommended for approval subject to conditions.

SITE

Property	The subject site comprises Lot 5, DP 5795 and Lot 1, DP 1093439.
Area	The combined area of both existing lots is 1,115m^2 (see the later subheading Proposal).
Site location	The site is located on the high, north side of Mary Street and about 70m from this street’s intersection with Stuart Street to the east.
Existing improvements	When this development application was lodged there was a single storey dwelling house that straddled both lots and a combined detached carport and garage on the site’s smaller eastern lot. These structures were demolished in May 2023. The site is currently vacant.
Shape	Each existing lot is a regular rectangle.
Dimensions	Lot 5, DP 5795 has a width of 15.24m and a depth of 45.72m Lot 1, DP 1093439 has a width of 9.145m and a depth of 45.72m.
Adjoining properties	Adjoining properties are dwelling houses. The adjoining property on the west side of the site, at 7 Mary Street, is a heritage item of local significance under the LEP. The locality is generally residential. Opposite the site, on the lower southern side of Mary Street, is a Council reserve known as Aquatic Park.

PREVIOUS APPROVALS/HISTORY  

The most recent approval on the site has been a complying development certificate issued in February 2023 by a certifier for the demolition of all its existing structures (CDC 26/23).

Council’s computer system has no record of any other development approval, or any other development history, for the site. 

PROPOSAL

The application for re-subdivision proposes to adjust the common side boundary of the site’s existing two Torrens tile lots to create two equal-sized Torrens title lots. The following table compares the existing and proposed site area and frontage of each existing and each proposed lot.

Existing lot	Proposed lot
(i)   Site area Lot 5, DP 5795 : 695.6m^2 Lot 1, DP 1093439 : 418.1m^2	(i)    Site area                   Lot 1 : 557.5m^2 Lot 2 : 557.5m^2
(ii)   Frontage Lot 5, DP 5795 : 15.24m Lot 1, DP 1093439 : 9.145m	(ii)   Frontage Lot 1 : 12.19m Lot 2 : 12.19m

From the areas shown in the table above:

·    the two existing lots have a combined area of 1,113.7m²

·    the two proposed lots have a combined area of 1,115m²

·    the difference in the total area of both lots is 1.3m^2.

To address the difference of 1.3m² between the total area of both lots the Applicant has confirmed that:

·    the existing Lot 5, DP 579 has an area in perches that is 695.6m²

·    taking its survey dimensions of 15.24m x 45.72m, this same lot has an area of 696.77m²

·    based on the survey, the total area of both existing lots is 1,114.87m² (696.77m² + 418.1m²) and rounded up this gives a total area for both proposed lots of 1,115m²  (557.5m² + 557.5m²).

From the frontage dimensions shown in the table above the common side boundary of both existing lots is proposed to be moved 3.05m to the west.

PROPOSAL DATA/COMPLIANCE

Lane Cove Local Environmental Plan 2009 (the LEP) 

Zoning: R2 Low Density                                                                    Combined site area: 1,115m²

Existing lot	Existing area	Proposed lot and its area	Minimum subdivision lot size	Complies
Lot 5, DP 5795	695.6m^2	Lot 1: 557.5m^2	550m^2	Yes
Lot 1, DP 1093439	418.1m^2	Lot 2: 557.5m^2	550m^2	Yes

Lane Cove Development Control Plan 2009: Part C.4 Residential Subdivision - Dwelling Houses (the DCP)  

Existing lot	Existing frontage	Proposed lot and its frontage	Provision: minimum frontage	Complies
Lot 5, DP 5795	15.24m	Lot 1: 12.19m	15m	No
Lot 1, DP 1093439	9.145m	Lot 2: 12.19m	15m	No

The tables above confirm that:

·    the area and frontage of the existing smaller lot does not comply with the LEP and DCP, respectively;

·    the area of both proposed lots complies with minimum lot size under the LEP; and

·    the frontage of both proposed lots does not comply with the DCP.

REFERRALS

Heritage Adviser

Has advised that:   

·    the proposal includes schematic designs for a pair of two storey infill dwellings ……which are proposed for construction following clearing of the site;

·    7 Mary Street is a heritage item of local heritage significance under the LEP that includes an intact timber Queenslander style Federation elevated residence;

·    the proposed infill development will have considerable impact on this heritage building;

·    Longueville is characterised by large late Victorian-early Federation period buildings;

·    7 Mary Street is unusual as a surviving timber building of the period with exceptional design features and joinery detailing;

·    the subdivision pattern of Mary Street is large allotment sizes, typically greater than 20 metre street frontages;

·    the proposed subdivision results in two frontages of less than the code requirement and far less than lot sizes prevailing in Mary Street and elsewhere in Longueville;

·    the proposed development of two closely spaced two storey residences will have an unacceptable impact not only on the adjacent heritage item, but also on the existing streetscape;

·    …the development is inappropriate in this location adjacent to a heritage item and in the context of the heritage character and subdivision pattern of Longueville;

·    therefore I  am  unable to support the proposed development in its present form.

Comment

The proposed re-subdivision involving the adjustment of the common side boundary of both existing lots does not involve any physical works.

The documentation submitted with this application includes concept plans for a two storey dwelling house with attached parking on each proposed lot. These plans show compliance with both the height and floor space ratio standards under the Lane Cove LEP 2009 (the LEP) and relevant numerical provisions of the Lane Cove DCP 2009 (the DCP) and may have been submitted to address a requirement under Part C.4 Residential Subdivision - Dwelling Houses of this DCP. 

Whilst some of the potential impact of the proposed re-subdivision is illustrated in these concept plans, the full impact cannot be assessed until a development application is lodged for a dwelling house on either of the proposed two lots. However, since both lots also have the potential for a two storey dwelling house as complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the SEPP), this impact would not be a consideration. The Applicant has confirmed that under this SEPP a two storey dwelling house could be constructed on each existing lot with a gross floor area about 25m² less (on the smaller eastern lot) and about 56m² more (on the larger western lot) than the maximum gross floor area permitted on each proposed lot under the LEP. 

There would be no discernible impact from the proposed re-subdivision of the site’s existing two lots into the two proposed lots.

The impact on this adjoining heritage item would be a matter for consideration if a development application was submitted for a dwelling house on the proposed adjoining western Lot 1.

However, the owner of each proposed lot also has the potential to construct a dwelling house on that lot under the SEPP. If this approach is taken the impact of such development on the adjoining heritage item would not be a matter of consideration.     

Development Engineer

Has recommended a condition to address the documentation required for the proposed subdivision.

Development Engineer - Traffic

Has confirmed that:

·    the shared driveway is predominantly (if not entirely) on the road reserve; however, under Section 218 of the Roads Act 1993, the landowner or occupier is responsible for the construction and repair of a driveway servicing their property; and

·    as part of an assessment of a development application for a dwelling house on each proposed lot, a condition would be imposed requiring the forward entry and exit to each property.

Tree Officer

Has confirmed that as no works are proposed no tree-related conditions are required.

ASSESSMENT - ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979 

Section 4.15 (1)(a)(i) The provisions of any environmental planning instrument

The two environmental planning instruments relevant to the assessment of this application are addressed under the respective subheadings that follow.

1. Lane Cove Local Environmental Plan 2009 (the LEP)

General

In relation to the LEP the proposed re-subdivision:

·    is permissible with consent under clause 2.6;

·    satisfies the relevant objectives of the R2 zone (see subheading (i) below);

·    satisfies the minimum subdivision lot size of 550m² under cl. 4.1(3) (see sub-heading (ii) below);

·    would have no impact on the heritage significance of the adjoining property at 7 Mary Street (see subheading (iii) below); and

·    does not raise any other issues in relation to the LEP.

(i) Zone objectives

The site is in Zone R2 Low Density Residential under the LEP. Of the five objectives within this zone the following three are relevant to this proposal:

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

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

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

Comment

The proposal would be consistent with all three objectives because it would: 

·    maintain the area’s low density residential character;

·    retain existing residential amenity for the residents of the proposed western Lot 1 whilst improving residential amenity for the residents of the proposed eastern Lot 2 compared to a dwelling house that could be built on the existing smaller eastern lot; and

·    maintain the site’s existing trees and enable both proposed lots to be landscaped in the future. 

(ii) Part 4 Principal development standards

Clause 4.1 Minimum subdivision lot size

The objective under subclause (1)(a) is to promote consistent subdivision and development patterns in zones. 

Clause 4.1 (2) applies to a subdivision of any land shown on the Lot Size Map.

Clause 4.1 (3) states that the size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land which is 550m².  The proposal would create two equal-sized Torrens title lots of 557.5m².

Comment

With a site area of 557.5m² both proposed lots comply with the minimum lot size.

In addition, the proposed re-subdivision would be consistent with the current subdivision pattern as the site would continue to comprise two Torrens title lots orientated north-south.

(iii) Part 5 Miscellaneous provisions

Clause 5.10 Heritage conservation   

Objectives

The relevant objectives of subclause (1) are:

(a)  to conserve the environmental heritage of Lane Cove,

(b)  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views.

Comment

The suburb of Longueville is not a conservation area.

7 Mary Street is a heritage item under the LEP (heritage reference I248) and adjoins the site’s western side boundary. A copy of Council’s heritage listing for this site is attachment AT-1. In summary, Council’s heritage listing states that: 

·    the property is of local heritage significance;

·    its Federation cottage was built at the turn of the 20^th century; and

·    it retains its contemporary garden.  

The proposed re-subdivision of the site would not be contrary to either of these objectives because it would have no impact on this adjoining heritage item.

Under subclause (5) Council may …….on land that is within the vicinity of a heritage item require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item….concerned.

In addition, under Part B.9 Heritage of the Lane Cove DCP 2009, Council can require a Heritage Impact Statement to be prepared as part of any DA for development “ in the vicinity of a heritage item”.

The impact on the heritage significance of this same adjoining property would be a matter for consideration if a development application is submitted to Council for development on either of the proposed two lots and particularly development on the proposed western Lot 1.

Consequently, the proposed re-subdivision does not raise any issues regarding the LEP.

2. State Environmental Planning Policy (Biodiversity and Conservation) 2021 (SEPP)

Chapter 6 Water catchments of this SEPP includes land within the Sydney Harbour Catchment.

Although the site is within this catchment, the proposed re-subdivision does not raise any issue in relation to this SEPP. The assessment and potential impact of future development on Sydney Harbour Catchment would be a matter for consideration if a development application was submitted for development on either of the two proposed lots. 

Section 4.15 (1)(a)(ii) The provisions of any draft environmental planning instrument.

There is no draft environmental planning instrument relevant to this application.

Section 4.15 (1)(a)(iii) The provisions of any development control plan 

The two development control plans that apply to the assessment of this application are addressed under the respective subheadings that follow.   

1. The Lane Cove Development Control Plan 2009 (the DCP)

The proposed development has been assessed against the objectives and provisions of the DCP that are addressed under the following subheadings.

Part C Residential Development

Part C of the DCP sets out the objectives and provisions for Residential Development and Part C.4 addresses both aspects in relation to subdivision.

C.4 Residential Subdivision - Dwelling Houses

The objectives and provisions relating to residential subdivision are addressed below.

Objectives

The objectives for residential subdivision are to:

1.   Protect amenity while permitting the subdivision of lots in environmentally sensitive areas or where significant impacts on neighbours are likely and careful design is required to minimize those impacts.

2.   Allow residential Torrens Title subdivision which retains, and where appropriate, improves existing amenity and streetscape within residential zones.

Comment

The proposed re-subdivision of the site does not raise any issue regarding these two objectives because:

·    the site is not in an environmentally sensitive area and the minimisation of any significant  impacts through design is not a relevant matter under this assessment; and

·    existing amenity would not change; however, existing amenity would be more likely to be improved on the proposed eastern Lot 2 because it would have a significantly larger area relative to the area of the existing undersized lot on the site’s eastern side; in addition, whilst streetscape would also not change, the visual impact of development on either of the two proposed lots viewed from Mary Street would be reduced by the vegetation along the shared driveway serving the site and adjoining sites and by the restricted line of sight caused by the rock embankment supporting this driveway, whilst opposite the site, on the southern side of Mary Street, pedestrian views of the site are restricted from the section of the street where there are parked boat trailers and no footpath.     

Provisions

The provisions relevant to the proposed re-subdivision of the site are addressed below.

a) Constraints on development

Subclause a) of the DCP states that (W)here a development application is proposed for residential subdivision …..where significant impacts on neighbours are likely and careful design is required to minimize those impacts, Council may impose conditions providing constraints on future buildings that include, but are not limited to, a prescription of:

·   its maximum height

·   its building envelope or location, or

·   its design, and

such constraints may include the placement of an appropriate covenant….

Comment

As addressed under an earlier subheading in relation clause 5.10 Heritage conservation of the LEP, the proposed re-subdivision would have no impacts on neighbours, including the owners of the heritage item at 7 Mary Street that adjoins the site’s western side boundary and the owners of the residential property at 3 Mary Street that adjoins the site’s eastern side boundary.

In addition, as the proposal would re-subdivide the site’s existing two lots, meet the minimum lot size requirement of the LEP and retain its existing north-south orientation, there would be no impact on the owners of the residential properties at the rear of the site in Stuart Street.  

b) Minimum frontage (allotment width at street)

Under subclause c) a minimum frontage of 15m is required.

Comment

The proposed re-subdivision would create two lots of equal size compliant with the LEP minimum lot size of 550m²_. However, the proposed 12.19m frontage of each lot would be less than the DCP requirement of 15m.

However, the proposed frontage is reasonable given that the proposed development is a better planning outcome as the subdivision would be consistent with the existing subdivision pattern. By proposing to make each existing lot the same in both its area and frontage a potentially better outcome on adjoining properties could be achieved.  

c) Driveway width

Subclause d) states that the minimum width for a driveway serving a battle-axe allotment is 3m and should be designed to ensure that vehicles can enter and leave the proposed lot/s in a forward direction.

Comment

Although the proposed re-subdivision would not create a battle-axe allotment, Council’s Development Engineer - Traffic has confirmed that under a development application a condition of consent would require vehicles to enter and leave both proposed lots in a forward direction.

d) Direct access

Subclause e) states that a battle-axe lot must have direct access to a dedicated public road through the provision of an access handle attached to that lot, or via an access corridor shared by such lots.

Comment

Whilst the proposed re-subdivision would not create a battle-axe allotment, Council’s Development Engineer -Traffic has confirmed the shared driveway provides access to the site and to 3, 7 and 9 Mary Street, and that this driveway ensures each lot has direct access to Mary Street.

2. Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005 (DCP 2005)

DCP 2005 accompanies the Foreshores and Waterways Area controls under Chapter 6 Water catchments of the SEPP (Biodiversity and Conservation) 2021 that was addressed under point 2 of the earlier subheading Section 4.15(1)(a)(i) Any environmental planning instrument.

As no physical works are required under the proposed re-subdivision, the proposal does not raise any issues regarding either:

·    the site and/or this area’s landscape character type under part 3 Landscape Assessment; or

·    the appearance of any building under part 5 Design Guidelines for Land-Based Developments,

or any other part of this DCP.

Section 4.15 (1)(a)(iv) The provisions of the applicable regulations

The proposed re-subdivision does not raise any issues in relation to the Environmental Planning and Assessment Regulation 2021.

Since this development application was lodged with Council the dwelling house and parking structures that existed on the site have been demolished under a CDC approved by the Applicant’s own certifier.

Section 4.15 (1)(b) The likely impacts  

Built environment

The proposed re-subdivision of the site’s existing two lots would have no impact on the built environment.

Natural environment

The proposed re-subdivision of the site’s existing two lots would have no impact on the natural environment.

Section 4.15 (1)(c) The suitability of the site    

The site has been used for residential purposes for many years and as it is not bush fire prone land, nor affected by any natural hazard, it remains suitable for the re-subdivision proposed. 

Section 4.15 (1)(d) Any submissions made

Seven submissions have been received in response to Council’s notification of the proposal: four submissions were received from the owners of properties adjoining the site at 3 and 7 (two separate submissions) Mary Street and 4 Stuart Street and three from the owners of properties close to the site at 1, 9 and 11 Mary Street. A summary of the concerns and issues raised in these submissions and a comment on the submissions follows.

1. Frontage

Understood that a 15m frontage in Longueville was mandatory.

Each proposed street frontage is significantly below the minimum requirement of 15m and will set a bad precedent for the area.

The 15m minimum frontage is etched in town planning since the creation of Longueville - most blocks  subdivided at Longueville Point in 1905 had a 50-foot frontage (15.24m) and this was consistent……... throughout Longueville.

The existing smaller eastern lot once formed part of a lot that had a 40-foot frontage to facilitate the corner position and access to an adjoining lot; in 1922 it was divided into two with a parcel 10 feet wide attached to this same adjoining lot and the remaining 30 feet frontage sold together with an adjoining lot to create 5 May Street. With only a 30-foot frontage it is difficult to envisage that there was a town planning intention that this residual lot would accommodate a house, or that the combined lot forming this site was intended to at any point in time able to accommodate two houses, as is now proposed.

Examples of narrower blocks are provided in the SEE but these:

·    are not comparable: one is a corner block, another is a battle-axe block and none are as narrow or side by side;

·    seem to be isolated and with no example of two adjoining narrow blocks less than 15m in width, nor any example of two adjoining narrow blocks (that would each have a narrow house) bordering a heritage property. 

Examples of variations to the minimum frontage are not common.

Two narrow and apparently similar dwellings will be a radical departure from character and streetscape in the locality.

The site is only appropriate for one dwelling.

Comment

There is no mandatory frontage. The 15m minimum frontage under the Lane Cove DCP is a provision. Where a provision cannot be met Council would review a proposal against the relevant objectives of this same DCP.

The design of the dwelling house on each proposed lot is a mirror reverse of the other and is only a concept to show a dwelling house that complies with Council’s relevant controls could be constructed on each lot.

2. Impacts

(i) Heritage 

The impact on the heritage item at 7 Mary Street does not appear to have been addressed in the proposal. How would the proposed subdivision and subsequent housing development impact this item?

This item’s heritage significance provides for an open garden space, generous verandah and river views. Views include the river and waterfront parkland from its front balcony, views of the river and CBD from a side balcony and toward the Harbour Bridge and river from the position of its original rear balcony and across the rear yard of the subject site.

7 Mary Street is one of the few remaining examples of a wooden home in Longueville and is possibly the one in its most original form. A key feature is its sweeping verandah designed to follow the Lane Cove River; the proposed subdivision would inevitably result in two family-sized structures ….that would significantly deplete this heritage feature; the property’s original name Afton Water was named in homage to a Robert Burns poem which speaks to the heritage empathy between home and the land worth preserving in Lane Cove.  

5 Mary Street is of heritage significance and should remain so.

Comment

The proposed re-subdivision would have no impact on the adjoining heritage item.

The concept housing plans show how each proposed lot could support a dwelling house that would comply with Council’s relevant controls. 

The impact on views from the adjoining heritage item across the rear yard of either of the proposed two lots would be assessed if a development application was submitted for a dwelling house on either

of these two lots having regard to the planning principles established in Tenacity Consulting v Warringah (Council) (2004) NSWLEC 140. The proposed re-subdivision has no impact on existing views.

5 Mary Street is not a heritage item under the Lane Cove LEP 2009. The heritage significance of 7 Mary Street is not threatened by this proposed re-subdivision.

(ii) Hedges/trees 

Would like to understand the applicant’s intentions regarding the hedging (Murraya and Camellias) that act as both a privacy and green fence along part of the common side boundary between 5 and 7 Mary Street and that serves very well with the garden and heritage nature of 7 Mary Street but is not shown on the concept plans; in addition, a cluster of three trees …… toward the boundary appear to have been overlooked.

Comment

Both the hedging along the common boundary between 5 and 7 Mary Street and the trees on the subject site have been retained following the demolition of its dwelling house and car parking structures.

(iii) Rear property (4 Stuart Street)

The impact of the proposed subdivision into two very narrow blocks to accommodate two narrow houses does not paper to have been addressed.

Of particular concern to our privacy is the intention regarding three large trees at the rear of the block that provide shade and privacy to our house and pool - please ensure these trees are retained.

Comment

The proposed re-subdivision would have no impact on this adjoining property.

The trees towards the rear boundary of the subject site have been retained following the demolition of its dwelling house and car parking structures.

3. Shared driveway

3, 5 and 7 Mary Street are situated on a sandstone outcrop that has deteriorated since the initial subdivision that created these lots; deterioration may accelerate with ongoing climate changes to rainfall patterns. Question the suitability and wisdom of subdivision to permit two significant structures and their interaction with water tables and runoff on an increasingly vulnerable base, particularly because of the narrow driveway of questionable safety and durability along the Council edge of the outcrop that is used by vehicles accessing these same three sites. A further dwelling and associated traffic on the outcrop, let alone the risk posed by construction vehicles, would represent a significant additional risk and ultimately cost to Council. 

Where only one car from the site used this driveway now there could be easily 4 cars.

After the subdivision and future development, there will be at least a 25% additional load and usage on the shared driveway; has the applicant considered this additional load ?   

Concerned if the driveway is damaged, particularly during construction. Is the Council liable for any damage that may occur ?

The only access to the site is extremely narrow.

Demolition and construction vehicles will not have adequate access, and will at times block free access to the neighbours who use this driveway. Contractors cannot park on Mary Street to gain access due to the local geography; the area is parked out by boat trailers.

An existing high fence results in poor visibility leaving 9 Mary Street and it is very difficult reversing  from its garage; I need understanding neighbours; worry about the safety of our small grandchildren.

Comment

The subject site already comprises two lots on which a dwelling house could be constructed on each lot. The proposed re-subdivision would also allow a dwelling house to be built on each proposed lot. The scale of any dwelling house on either of the two proposed lots and its impact on the water table and on runoff is not a matter for consideration under this application for re-subdivision.

The potential increase in traffic is a matter for consideration when a dwelling house on each proposed lot is assessed under a development application. 

Council’s Development Engineer - Traffic has advised that damage to the shared driveway is the responsibility of the property owner who caused the damage.

The width of the shared driveway has proved adequate for the other properties that use it for access. 

The shared driveway has provided access to enable the recent demolition of the dwelling house and car parking structures on the subject site.  Development works undertaken on adjoining properties would also need to use this same shared driveway.  

The visibility available to the residents of 9 Mary Street when reversing would remain their responsibility irrespective of the re-subdivision of the subject site.

4. Applicant’s motives

The concept plans indicate an intention to maximise the built environment on each proposed lot.

It would be reasonable to assume that granting the subdivision would see an opportunistic attempt to make a super profit from a recent purchase of land.

Request that the fabric of our area is maintained and that this opportunistic grab for profit is rejected.  

Comment

The concept plans show that a two storey dwelling house with attached parking that complies with Council’s relevant controls could be constructed on both proposed lots.

If the re-subdivision of the site as proposed in this application is approved, the owner could develop each lot under either Council’s, or the State government’s, current controls, or sell each lot and any profit made would be dependent on market forces.

The proposed re-subdivision of the existing two lots would not alter the fabric of this part of Longueville. 

5. Asbestos

There could be asbestos on the site; its removal will likely disperse fibers……. and then affect occupants of several neighbouring properties and visitors to nearby parks. 

Comment

The recent demolition of the dwelling house and car parking structures on the site appears to have occurred without causing a health concern.

Section 4.15 (1)(e) The public interest

Council’s notification of this application’s proposed re-subdivision of the subject site’s two existing lots into two equal-sized lots has raised concerns with seven property owners next, or close, to the site. However, most of the concerns raised would be matters for consideration as part of Council’s assessment of a development application for development on either of the two proposed lots.

Notwithstanding the seven submissions received, the proposal complies with the minimum lot size for a dwelling house under the Lane Cove LEP and does not raise any significant issues in relation to its heritage-related controls, or any of its other controls.

Therefore, approval of the proposal would not be contrary to the public interest. 

CONCLUSION

The application for re-subdivision that involves an adjustment of about 3m along the common side boundary of two existing Torren title lots to create two equal-sized Torrens title lots:

·    satisfies the Lane Cove LEP’s minimum lot size,

·    but does not comply with the Lane Cove DCP’s (the DCP) minimum frontage provision. 

The proposal satisfies the LEP development standard and the objectives for Residential Subdivision under the DCP. Its non-compliant frontage with the DCP is acceptable because it would be likely to result in a better development outcome. 

Although seven submissions have been received, generally the issues and concerns raised are matters for consideration that would be part of Council’s assessment of a development application on either of the proposed two lots.

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

On balance, as the proposed development would be reasonable it is recommended for approval subject to conditions that address subdivision-related matters.

RECOMMENDATION

That pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel, exercising the functions of Council as the consent authority, grants development consent to Development Application 25/23 for the re-subdivision (boundary adjustment) of two existing Torrens tile lots into two equal-sized Torrens title lots involving Lot 5, DP 5795 and Lot 1, DP 1093439 and known as 5 Mary Street, Longueville, subject to the following conditions:

1.         A.1 - Approved plan

Development must be carried out in accordance with the following approved plan (stamped by Council).

Plan No.	Plan Title	Drawn By	Dated
Sheet 01	Plan Showing Proposed Subdivision of 5 Mary Street, Longueville	Sydney Surveyors	5.12.2022

Reason: To ensure all parties are aware of the approved plan that applies to the development.

2.         G.1.B - Sydney Water requirements

A section 73 certificate is to be obtained for subdivision that requires servicing of sewer and water.

Reason: Sydney Water requirement.

3.         G.6 - Linen Plan of Subdivision

A Linen Plan of Subdivision, plus five copies, is to be submitted to Council prior to the release of the Subdivision Certificate.

The Linen Plan of Subdivision is to be suitable for endorsement by Council’s General Manager pursuant to Section 377 of the Local Government Act and shall properly reflect the requirements of the conditions of this development consent and the approved plan that is part of it.

Reason: Statutory requirement.

4.         G.7 - Subdivision certificate

The Subdivision Certificate will only be released by Council upon satisfactory compliance with the requirements of conditions 1 - 3 and subject to the Subdivision Certificate being substantially in accordance with the approved plan of subdivision addressed in condition 1.

Reason: To ensure the subdivision certificate is in accordance with the approved plan of subdivision.

ATTACHMENTS:

AT‑1 View

Heritage Study for 7 Mary Street, Longueville

1 Page

Available Electronically