Lane Cove Local Planning Panel 21
January 2025
S4.55 - 235 Burns Bay
Road, Lane Cove West
Item No: LPP2/25
Subject: S4.55
- 235 Burns Bay Road, Lane Cove West
Record No: DA21/161-01 - 77010/24
Division: Planning
and Sustainability Division
Author(s): Sam
Wilson
EXECUTIVE SUMMARY
|
Date
|
Description
|
|
10
November 2021
|
The development application for the
construction of a shop top housing development was lodged with Council. The
application included a Clause 4.6 variation for the maximum building height.
|
|
10
November 2021 - 26 November 2021
|
The
development application was notified in accordance with Council’s
policies and received 1 submission.
|
|
3
May 2022
|
The
development application was approved by the Lane Cove Local Planning Panel. A
condition of consent was input by the Panel to setback the ground level 3m
from the front boundary.
|
|
21
November 2024
|
The subject
Section 4.55 modification application was lodged including minor internal and
external amendments.
|
|
6 January 2025
|
The development application was referred to the Lane Cove
Planning Panel for determination at its meeting on January 21, 2025.
|
|
Property:
|
235 Burns Bay Road, Lane Cove West
|
|
DA No:
|
DA161/2021
|
|
Date Lodged:
|
02/12/202461
|
|
Cost of Work:
|
Nil.
|
|
Owner:
|
L & W Chen Company Pty Ltd
|
|
Applicant:
|
Bo Shang
|
|
Description of the proposal to appear on
determination
|
Section 4.55(1A) modification application
including the removal of two conditions.
|
|
Zone
|
E1 Local Centre
|
|
Is the proposal permissible within the
zone
|
Yes
|
|
Is the property a heritage item
|
No –
however, heritage item l221 (1 Wood Street) is located within the vicinity of
the subject site. This is a single storey residence known as “The
Oaks” with local historical significance.
|
|
Is the property within a conservation
area
|
No
|
|
Does the property adjoin bushland
|
No
|
|
BCA Classification
|
Class 2, 5, 6, and 7a
|
|
Stop the Clock used
|
No
|
|
Notification
|
The development application was not
required to be notified.
|
SITE
|
Property
|
Lot 2 DP 1191641
|
|
Area
|
697m2
|
|
Site location
|
The subject
site is located on the western side of Burns Bay Road between the
intersections of Penrose Street (South) and Beatrice Street (North).
Figure 1: Location Plan (Source: Nearmaps)
|
|
Existing improvements
|
The existing
subject site remains vacant, with a large concrete slab and temporary
boundary fencing as evidenced by the following figures;
Figure 2: Subject Site Viewed from Burns Bay Road (Source:
Planner)
Figure 3: Subject Site Viewed from Opposite Side of Burns Bay Road
(Source: Planner)
Figure 4: Subject Site Viewed from Within (Source: Planner)
|
|
Shape
|
Rectangular
|
|
Dimensions
|
North: 30.59m
South: 30.60m
East: 22.795m
West:
22.795m
|
|
Adjoining
properties
|
Adjoining
properties consist of a service station to the south, a commercial shop
premise to the north, a boarding house development to the west, and single
detached dwelling houses to the east.
|
SITE
APPLICATION HISTORY
Since the late
1950s to 2016, the current site was part of a service station located at Nos.
235 – 245 Burns Bay Road. Prior to this, the site was vacant and
undeveloped. In 2016, the site was
subdivided from
the service station. Environmental investigations were completed to support the
subdivision and an audit by an NSW EPA accredited contaminated land auditor
concluded the site was suitable for ongoing land use. The service station was
subsequently decommissioned and redeveloped. As part of the decommissioning
works, a waste oil underground storage tank located in the southwest corner of
subject site was removed.
Since 2016, the
site has been used as a storage space for shipping containers, automobiles,
caravans, trailers, and other structural and commercial items associated with
the demolition of old service station building such as cabinets, cold storage
equipment, machine tools, etc.
Recent History
|
DA161/2021
|
Construction
of multi-storey building used for shop-top housing purposes and comprising 2
commercial tenancies with 2 storeys of residential flats above, underground
basement parking and landscaping works. Approved via the Lane Cove Planning
Panel on 13 May 2022.
|
|
DA161/2021*
|
Concurrently,
there is a Section 4.55 modification application to make minor internal and
external modifications to the proposed development.
|
PROPOSAL
|
The Section 4.55 modification application seeks
the approval of the following;
- The
deletion of Condition 1;
1. PRIOR TO THE ISSUE OF A
CONSTRUCTION CERTIFICATE, amended plans shall be provided in which the front
façade of the ground floor is set back 3m from the front boundary; and
the nib wall to the study in Unit 5 be reviewed so as to convert the study to
a study nook.
- The
amendment of Condition 49;
Drainage Plans Amendments: The
stormwater drainage plan prepared by ING Consulting Engineers Pty Ltd,
reference No: 255092020DA, revision D and dated on 02/12/21 is to be amended
as detailed below by a qualified practising hydraulic engineer and certified
by him/her. This amended plan shall show full details of new pipe network
amended as follows and satisfying part O of the Council’s stormwater
DCP;
1. This DA requires OSD. The detailed design for this
proposed system is required
2. Proposed drainage system should show pipe sizes and
invert levels up to connection point; confirming pipe system satisfies part O
of Council’ storm water DCP.
3. The stormwater requirements shown in Basix certificate
shall be included in stormwater management plan.
4. Sediment control fence shall be placed around the
construction site and shown in plan
5. Subsoil agg-line drainage is required around proposed
retaining wall, dwelling, or it is necessary and connected to proposed
drainage system
6. Pit-2 shall be modified into a silt arrester pit with
mesh (RH3030) and sump(300mm) as shown in section 3.4.1 of Part O of Council
DCP is required within the site, at start of the discharge pipe to Council
system.
7. In case of the overflow from Pit-2, the overflow shall be
directed to street and not to basement. A suitable overflow path shall be
provided into Pit-2.
8. A gross pollutant trap suitable for this site needs to be
designed and added to the amended plans within the property boundary prior to
the connection to the street system. The details of this GPT shall be shown
in stormwater plan. The suitable access to the GPT for future maintenance is
required.
9. The OSD calculation shall be based on the calculation
shown in Appendix 14 in part O of Council stormwater DCP.
10. The detailed cross section of the OSD is required and
shall show levels, sizes, depths and widths.
11. A plan with longitudinal section of the proposed pipe
system from the site to the existing Council pit in Burns Bay Road with
relevant calculations are required for further assessment and/or approval.
This plan should show pipe sizes, invert levels and existing surface levels
to confirm that the pipe system satisfies Council’s DCP.
12. The applicant has to get full details of the required
road reconstruction works on Burns Bay Road from RMS and submitted to
Council.
13. The pump out system in basement shall satisfy section 5.4
of part O of Council’s stormwater DCP. The full details of the
hydraulic calculation for pump out system shall be included in stormwater
management plan submitted to Council.
14. The
proposed basement shall be constructed with water-proof walls around it.
The amended design is to be certified that
it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater
management; certification is to be by a suitably qualified engineer. The
amended plan and certification shall be submitted to the Principal Certifying
Authority prior to the issue of the Construction Certificate.
The Principal Certifying Authority is to
be satisfied that the amendments have been made in accordance with the
conditional requirements and the amended plans are adequate for the purposes
of construction. They are to determine what details, if any, are to be added
to the construction certificate plans, for the issue of the Construction
Certificate.
Reason: To ensure the proposed stormwater designs meet and
satisfy Part O, Council DCP.
|
PROPOSAL
DATA/POLICY COMPLIANCE
Local Environmental Plan 2009
Zoning: E1 Local Centre Site
Area: 697m²
|
LEP table
|
|
|
Development Standard
|
Proposal
|
Complies
|
|
Clause 4.4 - Floor
Space Ratio (max)
|
1:1
|
0.97:1 or 686.3m2
|
Yes
|
|
Clause 4.3 - Height
of Buildings (max)
|
9.5m
|
12.7m (No change)
|
Yes
|
|
Clause 4.6 –
Exceptions to development standards
|
FSR and Height
(above)
|
No amendments to the
previously approved variations to the development standards are proposed.
|
N/A
|
|
Clause 5.10 –
Heritage Conservation
|
See development
standard.
|
The subject site is
not identified as a heritage site.
|
N/A
|
|
Clause 6.1A –
Earthworks
|
See development
standard.
|
The amended proposal
would not alter the earthworks required.
|
N/A
|
REFERRALS
Development Engineer – Part O
– Stormwater Management
Not required.
Assessment
- Environmental planning and assessment act 1979
provisions
of any lep, dcp, SEPP or regulation (Section
4.15(1)(a))
The proposal is
permissible and does not raise any issues in regard to the Lane Cove Local
Environmental Plan 2009.
The proposal
complies with the Floor Space Ratio development standard. The proposal also
complies with the Height development standard.
Other Planning Instruments
SEPP
(Resilience and Hazards) 2021
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.
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 would require the application of a relevant condition
seeking compliance with this Standard.
Variations to Council’s Codes/PolicIes
The modification
application does not propose any variation to Council’s codes or
policies.
IMPACTS OF
DEVELOPMENT (Section 4.15(1)(b))
The proposal
would not adversely impact neighbouring properties or the public domain in
terms of overshadowing, visual privacy, acoustic privacy, or traffic and
parking.
A 3m setback
from the street front boundary would be of no benefit to the streetscape, nor
would it be viable to impose upon the commercial tenancies at the ground floor
of the development. The transition between the public pathway and commercial
premises would be disrupted by a 3m ‘gap’ Council refers to as
‘dead space’. An increase in the internal area of the
abovementioned tenancies would result in a more viable arrangement of floor
area. The removal of the 3m setback would not adversely impact the relationship
of the proposed development with Burns Bay Road, or the character of the
shop-top housing model. The amended development would satisfy the objectives of
the E1 zone.
SUITABILITY
OF SITE (Section 4.15(1)(c))
The subject site
would be suitable for the proposed development as the use is permissible within
the Zone. The proposed development would positively contribute to the amenity
of the surrounding area and the subject site would not constrain the development
or neighbouring sites.
RESPONSE
TO NOTIFICATION (Section 4.15(1)(d))
Not required.
PUBLIC INTEREST (Section 4.15(1)(e))
The proposal would not have an unreasonable
impact on neighbouring properties or the public domain with regard to the Lane
Cove LEP 2009, Lane Cove DCP 2009 or any other environmental planning
instruments. Therefore, approval of this application would not be contrary to
the public interest.
CONCLUSION
The matters in
relation to Section 4.55 of the Environmental Planning and Assessment Act 1979
have been satisfied.
The application
complies with the Floor Space Ratio development standard of the Lane Cove LEP
2009. The proposal also complies with the Height development standard of the
Lane Cove LEP 2009.
The application
generally meets with the Part C Residential Development Objectives of the Lane
Cove Development Control Plan 2009.
On balance as
the proposed development would be reasonable it is therefore recommended for
approval.
|
DETERMINATION
General Conditions
That pursuant to Section 4.55(1)(a) of
the Environmental Planning and Assessment Act 1979, the Lane Cove Local
Planning Panel, at it’s meeting of 21 January 2025 grants consent to:
· Development Application DA161/2024
· For a Section 4.55(1A) modification application including the
removal of two conditions.
· On 235 Burns Bay Road, Lane Cove
subject to the following conditions:
PART A
The removal of Condition 1 to read as
follows;
1. PRIOR TO THE
ISSUE OF A CONSTRUCTION CERTIFICATE, amended plans shall be provided in which
the front façade of the ground floor is set back 3m from the front
boundary; and the nib wall to the study in Unit 5 be reviewed so as to
convert the study to a study nook.
The amendment of Condition 49
to read as follows;
Drainage Plans Amendments: The
stormwater drainage plan prepared by ING Consulting Engineers Pty Ltd,
reference No: 255092020DA, revision D and dated on 02/12/21 is to be amended
as detailed below by a qualified practising hydraulic engineer and certified
by him/her. This amended plan shall show full details of new pipe network
amended as follows and satisfying part O of the Council’s stormwater
DCP;
1. This DA requires OSD. The detailed design for this
proposed system is required
2. Proposed drainage system should show pipe sizes and
invert levels up to connection point; confirming pipe system satisfies part O
of Council’ storm water DCP.
3. The stormwater requirements shown in Basix certificate
shall be included in stormwater management plan.
4. Sediment
control fence shall be placed around the construction site and shown in plan
5. Subsoil agg-line drainage is required around proposed
retaining wall, dwelling, or it is necessary and connected to proposed
drainage system
6. Pit-2 shall be modified into a silt arrester pit with
mesh (RH3030) and sump(300mm) as shown in section 3.4.1 of Part O of Council
DCP is required within the site, at start of the discharge pipe to Council
system.
7. In case of the overflow from Pit-2, the overflow shall be
directed to street and not to basement. A suitable overflow path shall be
provided into Pit-2.
8. A gross pollutant trap suitable for this site needs to be
designed and added to the amended plans within the property boundary prior to
the connection to the street system. The details of this GPT shall be shown
in stormwater plan. The suitable access to the GPT for future maintenance is
required.
9. The OSD calculation shall be based on the calculation
shown in Appendix 14 in part O of Council stormwater DCP.
10. The detailed cross section of the OSD is required and
shall show levels, sizes, depths and widths.
11. A plan with longitudinal section of the proposed pipe
system from the site to the existing Council pit in Burns Bay Road with
relevant calculations are required for further assessment and/or approval.
This plan should show pipe sizes, invert levels and existing surface levels
to confirm that the pipe system satisfies Council’s DCP.
12. The applicant has to get full details of the required
road reconstruction works on Burns Bay Road from RMS and submitted to
Council.
13. The pump out system in basement shall satisfy section 5.4
of part O of Council’s stormwater DCP. The full details of the
hydraulic calculation for pump out system shall be included in stormwater
management plan submitted to Council.
14. The
proposed basement shall be constructed with water-proof walls around it.
The amended design is to be certified that
it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater
management; certification is to be by a suitably qualified engineer. The
amended plan and certification shall be submitted to the Principal Certifying
Authority prior to the issue of the Construction Certificate.
The Principal Certifying Authority is to
be satisfied that the amendments have been made in accordance with the
conditional requirements and the amended plans are adequate for the purposes
of construction. They are to determine what details, if any, are to be added
to the construction certificate plans, for the issue of the Construction
Certificate.
Reason: To ensure the proposed stormwater designs meet and
satisfy Part O, Council DCP.
PART B
The
retention of all conditions of development consent, being condition numbers
(2) - (119), as previously approved.
|
ATTACHMENTS:
There are no supporting documents for this report.
Lane Cove Local Planning Panel 21
January 2025
S4.55 - 235 Burns Bay
Road, Lane Cove West
Item No: LPP1/25
Subject: S4.55
- 235 Burns Bay Road, Lane Cove West
Record No: DA21/161-01 - 76945/24
Division: Planning
and Sustainability Division
Author(s): Sam
Wilson
EXECUTIVE SUMMARY
|
Date
|
Description
|
|
10
November 2021
|
The development application for the
construction of a shop top housing development was lodged with Council. The
application included a Clause 4.6 variation for the maximum building height.
|
|
10
November 2021 - 26 November 2021
|
The
development application was notified in accordance with Council’s
policies and received 1 submission.
|
|
3
May 2022
|
The
development application was approved by the Lane Cove Local Planning Panel. A
condition of consent was input by the Panel to setback the ground level 3m
from the front boundary.
|
|
21
November 2024
|
The subject
Section 4.55 modification application was lodged including minor internal and
external amendments.
|
|
2
December 2024 -
18
December 2024
|
The
development application was notified in accordance with Council’s
policies and received no submissions.
|
|
6 January 2025
|
The development application was referred to the Lane Cove
Planning Panel for determination at its meeting on January 21, 2025.
|
PROPOSAL
|
Property:
|
235 Burns Bay Road, Lane Cove West
|
|
DA No:
|
DA161/2021
|
|
Date Lodged:
|
2/12/2024
|
|
Cost of Work:
|
$4,265,000.00 (same as existing)
|
|
Owner:
|
L & W Chen Company Pty Ltd
|
|
Applicant:
|
Bo Shang of BJ Architects
|
|
Description of the proposal to appear on
determination
|
Section 4.55
modification application of a mixed-use shop-top housing development
including minor internal and external amendments.
|
|
Zone
|
E1 Local Centre
|
|
Is the proposal permissible within the
zone
|
Yes
|
|
Is the property a heritage item
|
No –
however, heritage item l221 (1 Wood Street) is located within the vicinity of
the subject site. This is a single storey residence known as “The
Oaks” with local historical significance.
|
|
Is the property within a conservation
area
|
No
|
|
Does the property adjoin bushland
|
No
|
|
BCA Classification
|
Class 2, 5, 6 and 7a
|
|
Stop the Clock used
|
No
|
|
Notification
|
The
development application was notified in accordance with Council’s
policy and no submissions were received.
|
SITE
|
Property
|
Lot 2 DP 1191641
|
|
Area
|
697m2
|
|
Site location
|
The subject
site is located on the western side of Burns Bay Road between the
intersections of Penrose Street (South) and Beatrice Street (North).
Figure 1: Location Plan (Source: Nearmaps)
|
|
Existing improvements
|
The existing
subject site remains vacant, with a large concrete slab and temporary
boundary fencing as evidenced by the following figures;
Figure 2: Subject Site Viewed from Burns Bay Road (Source:
Planner)
Figure 3: Subject Site Viewed from Opposite Side of Burns Bay Road
(Source: Planner)
Figure 4: Subject Site Viewed from Within (Source: Planner)
|
|
Shape
|
Rectangular
|
|
Dimensions
|
North: 30.59m
South: 30.60m
East: 22.795m
West:
22.795m
|
|
Adjoining
properties
|
Adjoining
properties consist of a service station to the South, a commercial shop
premise to the North, a boarding house development to the West, and single
detached dwelling houses to the East.
|
SITE
APPLICATION HISTORY
Since the late
1950s to 2016, the current site was part of a service station located at Nos.
235 – 245 Burns Bay Road. Prior to this, the site was vacant and
undeveloped. In 2016, the site was
subdivided from
the service station. Environmental investigations were completed to support the
subdivision and an audit by an NSW EPA accredited contaminated land auditor
concluded the site was suitable for ongoing land use. The service station was
subsequently decommissioned and redeveloped. As part of the decommissioning
works, a waste oil underground storage tank located in the southwest corner of
subject site was removed.
Since 2016, the
site has been used as a storage space for shipping containers, automobiles,
caravans, trailers, and other structural and commercial items associated with
the demolition of old service station building such as cabinets, cold storage
equipment, machine tools, etc.
Recent History
|
DA161/2021
|
Construction
of multi-storey building used for shop-top housing purposes and comprising 2
commercial tenancies with 2 storeys of residential flats above, underground
basement parking and landscaping works. Approved via the Lane Cove Planning
Panel on 13 May 2022. The panel recommended design changes through conditions
of consent.
|
PROPOSAL
|
The section 4.55 application seeks approval for
the following modifications to the originally consented development at 235
Burns Bay Road, Lane Cove West;
Basement:
- Amendment
of the ramp slope;
- Relocation
of U01, U02, U03, U04, U05, U06, and U07 storage spaces;
- Enlargement
of the fire/pump room;
- Relocation
of the bulky waste storage room;
- Relocation
of the electrical communications room; and
- Relocation
of the shared zone and disabled parking
Figure 5: Basement (Source:
Architect)
Ground
Floor:
- Increase
of the rear setback to 3.25m;
- Amendment
of the ramp slope;
- Enlargement
of garbage rooms;
- Reduction
in planter box size;
- Reduction
in Commercial Space 02 size to 55.2m2; and
- Modification
of fire stairs and service zone.
Figure 6: Ground Floor (Source:
Plans)
First
Floor:
- Unit 01:
Reduction in balcony area;
- Unit 02:
Reduction in balcony space and storage location;
- Unit 04:
Reduction in internal floor area; and
- Unit 05:
Removal of wall nig at study room and relocation of entry door.
Figure 7: First Floor (Source:
Architect)
Second
Floor:
- Unit 06:
Reduction of floor area due to proposal of risers;
- Unit 06:
Storage space with walls and bi-fold door opening;
- Unit 06:
Adjust layout of bathroom;
- Unit 07:
Adjust balcony space (POS) and bathroom layout;
- Unit 07:
Adjust Bedroom 03 and Ensuite layout; and
- Unit 07:
Reduction of floor area.
Figure 8: Second Floor (Source:
Architect)
Roof:
- Enlargement
of outdoor cooking facilities.
Figure 9: Roof Floor (Source:
Architect)
|
PROPOSAL
DATA/POLICY COMPLIANCE
Local Environmental Plan 2009
Zoning: E1 Local Centre Site
Area: 697m²
|
LEP table
|
|
|
Development Standard
|
Proposal
|
Complies
|
|
Clause 4.4 - Floor
Space Ratio (max)
|
1:1
|
0.97:1 or 686.3m2
|
Yes
|
|
Clause 4.3 - Height
of Buildings (max)
|
9.5m
|
12.7m (No change)
|
Yes
|
|
Clause 4.6 –
Exceptions to development standards
|
FSR and Height
(above)
|
No amendments to the
previously approved variations to the development standards.
|
N/A
|
|
Clause 5.10 –
Heritage Conservation
|
See development
standard.
|
The subject site is
not identified as a heritage site.
|
N/A
|
|
Clause 6.1A –
Earthworks
|
See development
standard.
|
The amended proposal
would not alter the earthworks required.
|
N/A
|
E1 Local Centre Zone
Objectives
The E1 zone objectives 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.
Comment: As previously approved
under the original Development Consent of DA161/2021, the amended development
remains as mixed-use shop top housing with two commercial premises. The amended
development is consistent with the above objective.
· To encourage investment in local commercial development
that generates employment opportunities and economic growth.
Comment: As previously approved
under the original Development Consent of DA161/2021, the amended development
would continue to invest in the local development of the Lane Cove West area.
The amended development is consistent with the above objective.
· 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.
Comment: As previously approved
under the original Development Consent of DA161/2021, the amended development
remains as a residential development that features commercial premises on the
ground floor that would activate the streetscape of a currently underutilized
sector of Burns Bay Road. The amended development is consistent with the above
objective.
· To encourage business, retail, community and other
non-residential land uses on the ground floor of buildings.
Comment: As previously approved
under the original Development Consent of DA161/2021, the amended development
remains as mixed-use shop top housing with two commercial premises. The amended
development is consistent with the above objective.
· To ensure Lane Cove village functions as a town centre
in the retail hierarchy.
Comment: As previously approved
under the original Development Consent of DA161/2021, the amended development
would continue to contribute to the expansion of the Lane Cove Village. The
amended development is consistent with the above objective.
· To encourage urban design that maximises attractive
public domain and adequate circulation space through the Lane Cove local
centres for current and future users.
Comment: As previously approved
under the original Development Consent of DA161/2021, the amended development
remains as mixed-use shop top housing with two commercial premises. The amended
development is consistent with the above objective.
· To ensure landscaping is a significant element in public
and private development viewed from the public domain.
Comment: As previously approved
under the original Development Consent of DA161/2021, the amended development
remains as mixed-use shop top housing with two commercial premises. The amended
development is consistent with the above objective.
· 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.
Comment: As previously approved
under the original Development Consent of DA161/2021, the amended development
remains as mixed-use shop top housing with two commercial premises that is
responsive of size and intent of the E1 Local Centre. The amended development is
consistent with the above objective.
· To maximise public transport patronage and encourage
walking and cycling.
Comment: As previously approved
under the original Development Consent of DA161/2021, the amended development
remains as mixed-use shop top housing that prioritises resident parking, active
transport parking (bicycle) and proximity to public transport nodes. The amended
development is consistent with the above objective.
In accordance
with the above, the amended development complies with the LCLEP 2009 objectives
for the E1 Local Centre.
Lane Cove Development Control Plan
2009
|
DCP
Control
|
Proposed
|
Complies
|
|
D.1
General Provisions
|
|
1.1
Building Form
|
|
1.1.1
Building to Street Frontages
|
|
a) For developments
within zones B1, B2 and B4 (and see Section 1.1.6 below)-
I. New
buildings are to have street frontages built predominantly to the street
alignment
II. Street setback of
maximum 2.0m is permitted for suitable use such as outdoor seating for a
cafe.
|
The commercial tenancies and residential units above are
constructed along the front boundary and suitably activate the street
frontage. The proposed
design maintains a frontage to the Burns Bay Road street alignment.
Additional
setback not proposed as outdoor seating is not proposed.
|
No change.
|
|
1.1.2
Street Frontage Heights
|
|
Refer to
controls for specific zones and localities:
B1: No specific
controls under DCP
Max. Building
Height under LEP: 9.5m
Max. number of
storeys not specified in the DCP.
|
The height of the development viewable from the footpath along
Burns Bay Road would appear to be compliant with the LEP height of buildings
development standard and the street environment for pedestrians along this
part of Burns Bay Road would be improved with the proposal. The proposed development would not
dominate the streetscape.
|
No change.
|
|
1.1.3 Street
Frontage Activities
|
|
a)Street and lane frontage uses should incorporate
one, or a combination of, the following at street level:
I. Entrances
to residential and commercial occupying less than 50% of the street frontage
II. Retail
shop front, cafés or restaurants, if accompanied by an entry from the
street
III. Active
office uses, such as reception, if visible from the street
IV. Civic
or community building if accompanied by an entry.
V. Allow for visual interest on the external
face of fire escapes, service doors and equipment hatches.
|
Entrances to the residential component occupies less than 50% of
the street frontage and the two proposed commercial tenancies are highly
viewable and will activate the street frontage. Types of retail/commercial uses to be determined. No civic or community building are proposed. The fire escapes, services doors and
equipment hatches are located along the Burns Bay Road frontage and visually
treated
|
No change.
|
|
b) Limit opaque or
blank walls for ground floor uses to 20% of the street frontage.
|
No blank or
opaque walls proposed along Burns Bay Road frontage.
|
No change.
|
|
c) Minimise the extent
and visual impact of vehicle entrances and other entries not associated with
active uses or building entries.
|
Vehicle
driveway/entries located in Burns Bay Road and widths are minimised where
possible.
|
No change.
|
|
d) Provide enclosure on
corner sites to define the corner.
|
Not applicable.
|
N/A
|
|
e) All street frontage
windows at ground floor level are to have clear glazing.
|
Clear glazing
has been proposed for the retail/commercial component of Burns Bay Road
ground floor frontage.
|
No change.
|
|
f) Security grilles are
to be fitted only within the shop itself. Such grilles are to be transparent.
|
No grilles
proposed on plans.
|
N/A
|
|
g) Provide multiple
entrances for large developments including an entrance on each street
|
Not considered a
large development.
|
N/A
|
|
1.1.4
Build Depth & Bulk
|
|
a) For
Commercial Developments in all the business zones:
I. The
maximum floor plate area of any commercial building is to be 2,000m²
subject to other requirements in this DCP.
II. Buildings
with large floor plates must be expressed as separate building elements of
not more than 1,000 m².
III. The
horizontal dimensions of any single building facade must not exceed 50
metres.
IV. All
points on an office floor should be no more than 10m from a source of
daylight (eg. window, atria, or light wells). The depth for office floors
with openings on one side should be a maximum of 10m. The depth for office
floors with openings on two opposite sides should be a maximum of 20m.
V. Use
atria, light wells and courtyards to improve internal building amenity and
achieve cross ventilation and/or stack effect ventilation.
|
The maximum horizontal dimension of the residential component is
less than 40m. Maximum floor
plate less than 2000m².
Retail and commercial
tenancies on ground floor have not been proposed as offices however suitable
depths have been provided for.
|
No change.
|
|
b) For Mixed Use
Developments:
I. The maximum horizontal
dimension of the residential component parallel to the street frontage is to
be 40m.
|
The proposed
development has a 22.7m frontage to Burns Bay Road.
|
No change.
|
|
1.1.5
Building separation
|
|
The separation
distance between buildings on the same site is not to be less than the
setback to buildings in adjoining sites in the same business zonings. Refer
to ‘Setbacks’ for different business zonings.
|
Development
contains one building only.
|
N/A
|
|
1.1.6
Setbacks
|
|
Front/Street
Setbacks are to comply with the following Table:
|
|
Zone B1
1-2 storey - Nil
3 storey –
3m
|
Nil setback
including the 3-storey component provided to Burns Bay Road frontage (subject
to approval of concurrent Section 4.55 application).
|
No change. (subject to approval of concurrent
Section 4.55 application)
|
|
Side
setbacks in all Business Zones except special areas are to comply with the
following Table:
|
|
1 storey: nil
2 storey: nil for commercial
use
& 3m for residential use
& shop top housing
3+ storey: 6m
|
Nil setbacks for
Levels 1 & 2
6m setback for
Level 3
|
No change.
|
|
Rear
setbacks in all Business Zones except special areas are to comply with the
following Table:
|
|
1 storey: 3m (to
allow colonnades & landscaping)
2 storey: Nil (commercial use) &
3m (residential
use/shop top housing)
3+ storey: 6m
|
3m to ground
level and Level 1
6m to Levels 2
& 3
|
No change.
|
|
1.1.7 Building Design &
Exteriors
|
|
a) Floor to Ceiling height –
See Diagrams 4 and 5 and for mixed use development see Part C 3.12 Ceiling
Heights:
|
Compliant
including compliance with ADG requirements.
|
No change.
|
|
Part
C 3.12 Ceiling Heights
|
|
a) In residential flat buildings,
including residential apartments in mixed use buildings,
the floor to ceiling height shall be:
I. for non-habitable rooms, a preferred
minimum of 2.4m, however a minimum of 2.25m will be permitted;
II. for the upper level of a 2 storey apartment, a minimum of 2.4m provided at least 50% of the
apartment has a minimum of 2.7m height; and
III. for all
single level apartments, a minimum of 2.7m.
|
Development
provides minimum floor to floor heights
|
No change.
|
|
b) Materials, colours,
finishes, proportion and scale of new development should add interest to
façades and the streetscape.
|
Front and rear
facades have been articulated with colours and finishes appropriate for the
development
|
No change.
|
|
c) Avoid large
unbroken expanses of blank wall on any facade adjacent to the public domain.
|
Avoided.
|
No change.
|
|
d) Provide flexible
building layouts and floor to ceiling heights which allow variable tenancies
or uses on the first floor of a building above the ground floor.
|
Flexible floor
layouts to commercial floors provided with variable ceiling heights.
|
No change.
|
|
e) The design of roof
plant rooms and lift overruns is to be integrated into the overall
architecture of the building.
|
Stair/lift
overrun structure has been located towards the centre of the development.
Visual landscaping screens would be provided to screen the structure from the
public domain.
|
No change.
|
|
f) Balconies and
terraces should be provided, particularly where buildings overlook public
open spaces. They should be avoided where they overlook the private open
spaces and severely impact the privacy of the adjoining residential
properties
|
Balconies have
been placed at the front and rear of the development with no overlooking to
other private open space areas.
|
No change.
|
|
g) Gardens on the top
of setback areas of buildings are encouraged.
|
Rooftop terrace
provided with terraced gardens.
|
No change.
|
|
1.2
Excavation
|
|
a) All
development is to relate to the existing topography of the land at the time
of the adoption of this DCP.
|
All excavation
for the underground basement car park is limited to within the footprint of
the proposal.
|
No change.
|
|
b) Excavation
for major development is to be contained within the footprint of the
development.
|
Achieved.
|
No change.
|
|
c) For
development within Centres, Council may consider full site coverage for
underground excavation and podium footprints where it is demonstrated that
mature landscaping, landscaped area and rainwater retention is able to be
provided as roof terraces on podium structures.
|
The proposed
development provides for reasonably mature landscaping on the rooftop level.
The stormwater drainage system provides for water retention and onsite water
detention system.
|
No change.
|
|
d) Uses at ground
level are to respond to the slope of the street by stepping frontages and
entries to follow the slope.
|
Tenancies are to
be level to Burns Bay Road
|
No change.
|
|
1.3
Design and Location of On-Site parking
|
|
a) Parking of vehicles is
prohibited in setback areas
|
Basement car
park provided.
|
No change.
|
|
b) All developments must
incorporate the required car parking on-site.
|
Sufficient
parking has been provided and is discussed further under Part R
–Traffic, Transport and Parking
|
No change.
|
|
c) All on-site parking,
loading facilities and vehicle access points must be:
I. accessed from a rear lane
wherever available
II. fully concealed from
view from any public street or arcade
III. accessible from only
one opening in the rear lane facade for both on-site parking and loading.
Access openings are to be fitted with a garage door or roller shutter.
|
The siting and
location of the basement parking remains fully concealed from public view
with one opening.
|
No change.
|
|
d) For developments with a
rear lane façade width less than 12.0m this opening must not be wider
than 3.0m
|
N/A
|
N/A
|
|
e) For developments with a
rear lane façade width equal to or greater than 12.0m this opening
must not be wider than 6.0m.
|
N/A
|
N/A
|
|
f) Vehicle entry should be:
I. easily accessible and
recognisable to motorists
II. located to minimise
traffic hazards and queuing of vehicles on public roads
III. located to minimise the
loss of on street car parking, and to minimise the number of access points.
IV. Located away from main
pedestrian entries and on secondary frontages.
V. Located having regard to
any approved cycling routes.
|
The site remains
easily accessible by motor vehicles associated with the residential and
commercial components of the site and to service vehicles. The driveway width
of 6.3m will not compromise the availability of on-street parking which is
not permitted along this part of Burns Bay Road.
|
No change.
|
|
g) Avoid black holes in the
facade for major development by providing security doors to car park entries
|
Roller shutter
door would be provided to driveway entry
|
No change.
|
|
h) Return the facade
material into the car park entry recess up to the extent visible from the
street.
|
Appropriate
façade material used.
|
No change.
|
|
i) Parking and
service/delivery areas are to be located underground within building
footprint or screened from adjacent residential uses or the public domain by
sleeving with active uses.
|
Parking and
service areas within basement and at-grade car park/driveway areas and
adequately screened.
|
No change.
|
|
j) Parking and
service/delivery areas are to be located to minimise conflict between
pedestrians/cyclists and vehicles and to minimise impact on residential
amenity.
|
Residential and
commercial/retail parking and services/delivery areas have minimal conflict
with pedestrian access.
|
No change.
|
|
k) Extensive areas of blank
walls are to be avoided
|
Articulation
provided.
|
No change.
|
|
l) Vehicular access is not
permitted along the boundary adjacent to residential zone unless there is no
other practical solution.
|
N/A
|
N/A
|
|
m) Residential and non-residential car
parking spaces are to be physically separated.
|
To be shared due
to the small-scale nature of the development and has been supported by
Council’s Traffic Section.
|
No change.
|
|
n) For residential flat
buildings, generally limit the width of driveways to a maximum of 6.0m.
|
6.3m provided to
provide a two-way driveway entry/exit point.
|
No change.
|
|
o) Integrate ventilation
grills or screening devices of carpark openings into the facade design and
landscape design.
|
Appropriate
screening devices would be provided.
|
No change.
|
|
p) Provide safe and secure
access for building users, including direct access to residential apartments,
where possible.
|
Direct and safe
access to residential component from basement car park.
|
No change.
|
|
q) Basement car parking is
to be:
I. adequately ventilated
II. predominantly located
within the building footprint
III. located fully below
natural ground level. Where slope conditions mean that this is unachievable,
the maximum basement projection above natural ground level is to be 1.2m but
not to the street front.
|
Car park has
been provided on the basement level which is below ground level and located
under footprint.
|
No change.
|
|
1.4
Number of Car Parking, Motorcycle and Bicycle Spaces - see Car Parking DCP
for further discussion
|
|
1.4.1 Commercial in all areas other than St. Leonards
Centre
|
|
a) Except in the case of Shop Top Housing car parking, a cash
contribution may be made to Council in lieu of required parking not provided
on-site. The car parking contribution rate is listed in the Section 94
Contributions Plan (1999).
|
Not applicable.
|
N/A
|
|
b) For Lane Cove Village Centre see Section D3 – 3.8
|
Not applicable.
|
N/A
|
|
1.5
Awnings
|
|
a) Continuous street
frontage awnings are to be provided for all new developments on main streets
or major retail streets in centres except where colonnades are required.
|
Awning provided
along Burns Bay Road frontage.
|
No change.
|
|
b) Awning design must
be coordinated with building facades and be complementary in alignment and
depth to the adjoining buildings and its awnings.
|
Complimentary
with proposed building and surrounding buildings.
|
No change.
|
|
c) Where a building is sited on a
street corner, wrap awnings are to be provided around corners for a minimum
6.0 metres unless there is continuity in active uses and in such case they
should be continued.
|
Not applicable.
|
N/A
|
|
d) Awnings should generally be:
I. Minimum
soffit height of 3.3 metres.
II. Low
profile, with slim vertical facia or eaves (generally not to exceed 300 mm
height)
III. Setback
a minimum of 600mm from the kerb.
IV. Located
and designed to ensure no conflict with street trees
|
Min 3.1m
>600m from
kerb
Does not
conflict with any street trees
|
No change.
|
|
e) Awnings are to
allow for street trees or poles via innovative solutions, which may include
cut outs.
|
Not applicable
or possible, if required
|
N/A
|
|
f) To control
sun access/protection, canvas blinds along the street edge may be permitted,
subject to design merit and assessment.
|
Not proposed.
|
N/A
|
|
g) Under awning
recessed lighting is to be provided to facilitate night use and public
safety.
|
Details of
lighting not provided however no floodlighting proposed but would be subject
to compliance to relevant Australian Standard.
|
No change.
|
|
1.6
Reflectivity
|
|
a) Visible light
reflectivity from building materials used on the facades of new buildings
should not exceed 20%.
|
The building
façade will primarily comprise face brick with recessed windows and
balcony glass sliding doors that will not reflect directly onto passing
drivers or pedestrians. Lower
light reflectivity external finish colours are submitted with the Development
Application.
|
No change.
|
|
b) Subject to the extent and
nature of glazing and reflective materials used, a Reflectivity Report that
analyses potential solar glare from the proposed development on pedestrians,
cyclists or motorists may be required.
|
Not required.
|
N/A
|
|
1.7
External lighting of buildings
|
|
a) Any external
lighting of buildings is to be considered with regard to:
I. the
integration of external light fixtures with the architecture of the building
(for example, highlighting external features of the building)
II. the
contribution of the visual effects of external lighting to the character of
the building, surrounds and skyline
III. the
energy efficiency of the external lighting system
IV. the
amenity of residents in the locality.
|
External
lighting to comply with relevant Australian Standards and only intermittent internal lights from
the residences or commercial uses will permeate into the public environment.
|
No change.
|
|
b) Floodlights for buildings are prohibited.
|
Not proposed.
|
N/A
|
|
1.8
Landscaping
|
|
a) Locate basement car
parking predominately under the building footprint to maximize opportunities
for landscaped area.
|
The extent of
landscaping complies with the ADG and will assist with onsite stormwater
management being located at the rear lowest end of the site. Basement car park provided and is below
the footprint of the building.
|
No change.
|
|
b) Deep soil zones in atria,
courtyards and boundary setbacks are encouraged.
|
Rear 3.25m wide
deep soil zone proposed which is considered appropriate for the locality.
|
Yes
|
|
1.9
Planting on Structures
|
|
a) Areas with planting on structures should be irrigated with
recycled water and appropriate drainage provided.
|
The rooftop
planter box will have a soil depth of at least 500mm and will be able to
easily support suitable shrubs for screening and all requirements to be conditioned in any approval.
|
No change.
|
|
b) Provide sufficient soil
depth and area to allow for plant establishment and growth. The
recommendations are:
I. Large trees (canopy
diameter of up to 16m at maturity)
i. minimum soil volume 150m3
ii. minimum soil depth 1.3m
iii. minimum soil area 10m x
10m area or equivalent
II. Medium trees (8m canopy
diameter at maturity)
i. minimum soil volume 35 m3
ii. minimum soil depth 1m
iii. approximate soil area
6m x 6m or equivalent
III. Small trees (4m canopy
diameter at maturity)
i. minimum soil volume 9m3
ii. minimum soil depth 800mm
iii. approximate soil area
3.5m x 3.5m or equivalent
IV. Shrubs
i. minimum soil depths
500-600mm
V. Ground cover
i. minimum soil depths
300-450mm
VI. Turf
i. minimum soil depths
100-300mm.
|
The proposed
development does provide minimal deep soil, however given the site and the
nature of the proposed development, on structure landscaping is provided
which is considered appropriate.
|
No change.
|
|
1.10
Solar Access
These
provisions apply to proposed developments and any residential development
beyond the site.
|
|
a) Commercial and mixed-use
developments are not to reduce sunlight to dwellings in the adjacent or same
zone below a minimum of 3 hours of sunlight on a portion of the windows of
the habitable rooms between 9am and 3pm on 21 June.
|
N/A
|
N/A
|
|
b) Where adjacent dwellings
and their open space already receive less than the standard hours of sun, new
development should seek to maintain this solar access where practicable.
|
Not applicable.
|
N/A
|
|
c) Habitable rooms in at
least 70 percent of dwellings in high density residential developments,
should receive a minimum of three hours direct sunlight between 9 am and 3 pm
on 21st June, in total between any portions of those rooms. In dense urban
areas a minimum of two hours may be acceptable. A reasonable proportion of
both the common and private open space in those sites is also to receive
sunlight during that period, according to the circumstances of the sites.
|
The development
is not a high-density development as only seven apartments are
proposed. Satisfactory 2 hours of solar access achieved for the
proposed units. Plans
accompanying the proposal clearly demonstrates compliance with the solar
access provisions in the ADG.
|
No change.
|
|
d) The number of
single-aspect dwellings with a southerly aspect (SW-SE) should be limited to
a maximum of 10 percent of the total dwellings within a high-density
residential development. Developments varying from the minimum standard due
to site constraints and orientation must demonstrate how energy efficiency is
addressed.
|
No South facing
single aspect apartments are proposed.
|
No change.
|
|
e) Council may accept a
reduction in solar access for the subject site and adjacent development if
the topography and lot orientation (as distinct from a preferred design) are
such that the standard is considered unreasonable.
|
Not applicable.
|
N/A
|
|
1.11
Access and Mobility
|
|
a) Any new development must
comply with Australian Standards AS 1428 Design for Access and Mobility, AS
4299 Adaptable Housing, AS 2890 Parking Facilities and AS 1735 Lifts,
Escalators and Moving Walks and with the Part F of this DCP – Access
and Mobility.
|
Complies - accessibility for pedestrians and vehicles complies
with the relevant Australian Standards. The adaptable unit (No. 04) complies
with the internal dimensional requirements of AS-4299 Adaptable Housing.
Parking facilities and the internal elevator and adjoining hallways all
comply with the relevant Australian Standards and with the Part F of this DCP
– Access and Mobility. All units are to be visitable units.
|
No change.
|
|
1.12
Toilet Facilities
|
|
a) Accessible and well
sign-posted toilet facilities complying with AS 1428 shall be provided in all
developments containing 10 or more shops or more than 500m² of retail
floor space. These facilities shall have the same minimum opening and closing
hours specified for arcades.
|
N/A
|
N/A
|
|
1.13
Signage
|
|
a) All signage shall comply
with the Part N of this DCP – Signage and Advertising.
|
No signage has
been proposed for the development.
|
N/A
|
REFERRALS
Development Engineer – Part O
– Stormwater Management
No objections
subject to recommended draft conditions.
Tree Assessment Officer – Part J
– Landscaping
Not required.
Traffic Engineer – Part R Traffic,
Transport and Parking
No objections
subject to recommended draft conditions.
Assessment
- Environmental planning and assessment act 1979
SECTION
4.55 ASSESSMENT
The proposed modification has been assessed
against the provisions of Section 4.55(1A) of the Environmental Planning and
Assessment Act, 1979. The proposed amendments are minor in nature and would not
alter relevant compliance requirements. The proposed development as amended
would result in ‘substantially the same’ development with minor
environmental impacts having regards to the provisions of the ADG, LCLEP 2009
and LCDCP. The proposed modifications are minor in nature and would have negligible
impacts.
The proposal is
minor as the potential environmental impacts of the proposed amendments are
consistent with those envisaged under the original DA and can be considered
under the provisions of Section 4.55 of the EP&A Act. The proposed
modifications are summarised by the following table;
|
SUMMARY OF MODIFCATIONS
|
|
AREA/UNIT
|
PREVIOUSLY APPROVED
|
PROPOSED
|
VARIATION
|
|
Unit
01
|
84.7
sqm
|
84
sqm
|
-0.7
sqm
|
|
Unit
02
|
84.7
sqm
|
85
sqm
|
+0.3
sqm
|
|
Unit
03
|
59.3
sqm
|
59.3
sqm
|
No
change
|
|
Unit
04
|
52.9
sqm
|
51.2
sqm
|
-1.7
sqm
|
|
Unit
05
|
59.3
sqm
|
59
sqm
|
-0.3
sqm
|
|
Unit
06
|
82.1
sqm
|
79
sqm
|
-3.1
sqm
|
|
Unit
07
|
96.1
sqm
|
95.9
sqm
|
-0.2
sqm
|
|
Commercial
01
|
72.3
sqm
|
72.3
sqm
|
No
change
|
|
Commercial
02
|
57.6
sqm
|
55.2
sqm
|
-2.4
sqm
|
|
Gross
Floor Area and FSR
|
686.3sqm
|
677.4
(0.97:1)
|
-8.9
sqm
|
|
Maximum
Building height
|
12.7m
(RL 62.350)
|
12.7m
(RL 62.350
|
No
change
|
|
Car
Parking
|
12
spaces
|
12
spaces
|
No
change
|
|
Bicycle
Parking
|
9
spaces
|
9
spaces
|
No
change
|
|
Motorcycle
Parking
|
1
space
|
1
space
|
No
change
|
The proposed
modification does not change appearance of the final development with the
exception of changes to planter boxes, new batten screens on some windows for
thermal comfort and additional works to roof top communal areas which will not
be visible from the public domain. All changes are minor and will have minimal
impact.
The proposed
modification will result in substantially the same development as approved
under DA161/2021 (as modified). The proposed modification will not have any
impact on the nature, scale, the location, or form of the approved buildings.
The nature of uses contained within the building remains entirely consistent
with DA161/2021. The development’s compliance with Council’s
policies and controls does not change with the proposal.
The proposal
remains compliant with the relevant NCC requirements. The development as
modified is substantially the same as when originally approved for the purposes
of Section 4.55 of the Environmental Planning and Assessment Act 1979 and would
have no implications upon the use, overall design, and public domain.
provisions
of any lep, dcp, SEPP or regulation (Section
4.15(1)(a))
The proposal is permissible and does not
raise any issues in regard to the Lane Cove Local Environmental Plan 2009.
The proposal complies with the Floor Space
Ratio development standard. The proposal also complies with the Height
development standard.
Other Planning Instruments
SEPP
(Resilience and Hazards) 2021
The subject site
and adjoining sites are zoned under E1 Local Centre purposes (see LCLEP). Given
the types of uses permissible within the zone, it is unlikely that the site
would be contaminated.
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 would require the application of a relevant condition
seeking compliance with this Standard.
Variations to Council’s Codes/PolicIes
The modification application does not
propose any variations to Councils codes or policies.
IMPACTS OF
DEVELOPMENT (Section 4.15(1)(b))
The proposal
would not adversely impact neighbouring properties or the public domain in
terms of overshadowing, visual privacy, acoustic privacy, or traffic and
parking. The amended proposal presents a development outcome that is consistent
with the objectives of the relevant planning controls.
SUITABILITY
OF SITE (Section 4.15(1)(c))
The subject site
would be suitable for the proposed development as the use is permissible within
the Zone. The proposed development would positively contribute to the amenity
of the surrounding area and the subject site would not constrain the development
or neighbouring sites.
RESPONSE
TO NOTIFICATION (Section 4.15(1)(d))
The development
application was notified in accordance with Council’s policies and no
submissions were received.
PUBLIC INTEREST (Section 4.15(1)(e))
The proposal would not have an unreasonable
impact on neighbouring properties or the public domain with regard to the Lane
Cove LEP 2009, Lane Cove DCP 2009 or any other environmental planning
instruments. Therefore, approval of this application would not be contrary to
the public interest.
CONCLUSION
The matters in
relation to Section 4.15 of the Environmental Planning and Assessment Act 1979
have been satisfied.
The application
complies with the Floor Space Ratio development standard of the Lane Cove LEP
2009. The proposal also complies with the Height development standard of the
Lane Cove LEP 2009.
The application
generally meets with the Part C Residential Development Objectives of the Lane
Cove Development Control Plan 2009.
On balance as
the proposed development would be reasonable it is therefore recommended for
approval.
|
DETERMINATION
General Conditions
That pursuant to Section 4.55(1)(a) of
the Environmental Planning and Assessment Act 1979, the Lane Cove Local
Planning Panel, at it’s meeting of 21 January 2025, grants consent to:
· Development Application DA161/2021
· For Section 4.55 modification application of a mixed-use shop-top
housing development including minor internal and external amendments
· On 235 Burns Bay Road, Lane Cove West
subject to the following conditions:
PART A
2. Approved Plans and Documents:
That the development be strictly in accordance with Drawing Nos:
· A101-105, A201-202 & A301 Issue C dated 14.04.2022
and A514 & A516 Issue B dated 08.12.2021, prepared by BJ Architects; and
· LP02-08 Revision F dated 14 April 2022 prepared by
Affordable Design Solutions.
As amended by the
following;
|
Plan No
|
Revision
|
Plan Title
|
Drawn By
|
Dated
|
|
A001
|
A
|
Titlepage - Titlepage
|
BJ Architects International
|
20/11/2024
|
|
A101
|
A
|
General Arrangement –
Basement
|
BJ Architects International
|
20/11/2024
|
|
A102
|
A
|
General Arrangement –
Ground Floor
|
BJ Architects International
|
20/11/2024
|
|
A103
|
A
|
General Arrangement – First
Floor
|
BJ Architects International
|
20/11/2024
|
|
A104
|
A
|
General Arrangement - Second
|
BJ Architects International
|
20/11/2024
|
|
A105
|
A
|
General Arrangement – Roof
Communal Open Space
|
BJ Architects International
|
20/11/2024
|
|
A201
|
A
|
Elevations – Elevations
– East & North
|
BJ Architects International
|
20/11/2024
|
|
A202
|
A
|
Elevations – Elevations
– West & South
|
BJ Architects International
|
20/11/2024
|
|
A301
|
A
|
Sections – Sections –
01 & 02
|
BJ Architects International
|
20/11/2024
|
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.
4. Section 7.11 Contribution. The
payment of a contribution for additional person/s and commercial floor space
in accordance with Council’s Section 7.11 (S94) Contributions Plan
shall be paid prior to the issue of any Construction Certificate. This
payment is to be at the current 2021/2022 2024/2025 rate
at the time of payment. The amount of $136,558.20 $144,958.20 is
required to be paid.
NOTE: PAYMENT MUST BE IN BANK CHEQUE. PERSONAL CHEQUES
WILL NOT BE ACCEPTED.
This contribution is for Community facilities, Open
Space/Recreation and Roads under the Lane Cove Section 7.11 (S94)
Contributions Plan which is available for inspection at the Customer Service
Centre located at Lane Cove Council, No. 48 Longueville Road, Lane Cove.
N/B The Section 7.11 Contribution is calculated as the follows:
|
No. bedrooms
|
Average occupancy
|
Amount of contribution per person
|
No. of Dwellings
|
Total contribution
|
|
One Bedroom
|
1.2
persons
|
$11,044.52 x 1.2 =
$12,770.40 per dwelling
|
Three x $12,770.40
|
$38,311.20
|
|
Two Bedrooms
|
1.9
persons
|
$11,044.52 x 1.9 =
$20,219.80 per dwelling (capped at
$20,000)
|
Three x $20,000.00
|
$60,000.00
|
|
Three Bedrooms
|
2.4
persons
|
$11,044.52 x 2.4 =
$26,506.85 per dwelling (capped at
$20,000)
|
One x $20,000.00
|
$20,000.00
|
|
|
|
|
TOTAL:
|
$118,311.20
|
|
No.
bedrooms
|
Average occupancy
|
Amount of contribution per person
|
No. of Dwellings
|
Total contribution
|
|
One Bedroom
|
1.2
persons
|
$12,368.00 x 1.2 =
$14,841.60 per dwelling
|
Three x $14,841.60
|
$44,524.80
|
|
Two Bedrooms
|
1.9
persons
|
$11,044.52 x 1.9 =
$23,499.20 per dwelling (capped
at $20,000)
|
Three x $20,000.00
|
$60,000.00
|
|
Three Bedrooms
|
2.4
persons
|
$11,044.52 x 2.4 =
$29,683.20 per dwelling (capped
at $20,000)
|
One x $20,000.00
|
$20,000.00
|
|
|
|
|
TOTAL:
|
$124,524.80
|
*N/B The reforms to Local Development
Contributions have a cap of $20,000 per residential
lot or per dwelling limitation on local development contributions
The contribution is also partly based on 131sqm and
the current rate of $139.26 $155.98 per sqm of
additional commercial floor space which is a total of $18,247.00 $20,433.40.
Total = $144,958.20 payable.
Reason: Statutory requirement.
PART B
The
retention of all conditions of development consent, being condition numbers
(3) & (5) - (119), as previously approved.
|
Mark Brisby
Director - Planning and Sustainability
Planning and Sustainability Division
ATTACHMENTS:
There are no supporting documents for this report.
