DEVELOPMENT ASSESSMENT
Application Number DA/2020/0136
Address 62, Alfred street, Annandale, NSW 2038
Proposal New garage and secondary dwelling over to rear and associated works
Land Association Lot 43 Section 25 DP 1225
Date of Lodgement 20 February, 2020
Site Visit 20 May 2020
Applicant Billie Harkness C/- Saturday Studio Pty Ltd
Owner Billie Harkness, Wilson Harkness
Value of works
$120000
Category of development Residential- second occupancy
Zoning R1 General residential
Synopsis
The Assessment report contains application for alteration and addition to an existing secondary dwelling. The application was notified as per Council Notification policy and no submissions were received. The DA process identifies the various planning instruments applicable and evaluates the project. The project generally complies with all the planning instrument and development controls.
Recommendations
Approved with conditions
1. SITE DESCRIPTION
The site is located in a low-density residential suburb of Annandale, approximately 5 kilometres south west of Sydney’s Central Business District (CBD). The site area is 227.6 sq. m. The existing primary dwelling has a frontage to Alfred Street and backs onto Whites Creek Lane. The site lies within an established urban area characterised by two storey residential development.
The identified site is situated the R1 General Residential zone and Heritage conservation area but is not a listed heritage item. This site also falls under high Flood prone area of, with maximum 1% AEP flood extent. The site belongs to Yung street distinctive neighbourhood.
2. APPLICATION HISTORY AND BACKGROUD
DA/2020/0136- (Current application) The application was submitted on the 20 February 2020 along with drawings and pertinent environmental impact statements. The application is for demolition of existing garage and fence, which will be replaced with a new garage and artist studio on first floor and a new fence.
CC/2020/0055 – (History of site) demolition of poor quality 2 story circa 2000 addition to rear of c1900 dwelling. Construction of new 2 storey rear addition, minor alterations to circa1900 dwelling. (Saturdaystudio, 2019)
3. DESCRIPTION OF APPLICATION
The proposal seeks development consent for alterations and additions to the existing residential dwelling at 62 Alfred Street, Annandale. The proposed works include the following outlined below
1. Demolition of existing garage to accommodate new addition.
2. Preserving 5 established trees with minor pruning of 3 trees according to Arboriculture report. Maintenance of landscaped lawn between primary and new secondary dwelling.
3. Demolition of existing poor-quality timber fence at the rear, adjacent to White creek lane. Replace with a steel fence of 1.2m height, inside site boundary line.
4. Building a new garage of area 35 sq. m. on the ground floor. Building an artist studio, comprising a kitchenette and bathroom, with area 29 sq. m., on the first floor.
5. The detailed drawings of development are attached with the submission.
The main issues of this application include:
• Pruning of trees to accommodate new development.
• Floodwater risk management plan as the site lies in high flood prone area.
• Exemption to development standards of garage width.
4. ASSESSMENT
The following assessment is in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979.
The application has been assessed against the relevant Environmental Planning Instruments listed below:
1. State Environmental Planning Policy No. 55- Remediation of Land
2. State Environmental Planning Policy (Building Sustainability Index BASIX) 2004
3. State Environmental Planning Policy (Infrastructure)2007
4. State Environmental Planning Policy (Vegetation in Non-Rural Areas) (Vegetation SEPP)
5. Draft Environmental Planning Instrument
6. Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005
7. Leichhardt Local Environmental Plan 2013
4.1 State Environmental Planning Policy No. 55 Remediation of Land
State Environmental Planning Policy No. 55 - Remediation of Land (SEPP 55) provides guiding principles for remediation of contaminated land. LDCP 2013 provides controls and guidelines for remediation works. SEPP 55 requires the consent authority to be satisfied that “the site is, or can be made, suitable for the proposed use” prior to the granting of consent. (NSW, 2011)
- The previous use of the site has been residential and therefore has no risk of contamination. The site thus follows the provisions of SEPP.55
4.2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
The carrying out of residential development pursuant to the resulting development consent, complying development certificate or construction certificate will be subject to a condition requiring such commitments to be fulfilled. (NSW, 2011)
- A BASIX Certificate was submitted with the application and will be referenced in any consent granted.
4.3 State Environmental Planning Policy (Infrastructure) 2007
The aim of this Policy is to facilitate the effective delivery of infrastructure across the State and identifying matters to be considered in the assessment of development adjacent to particular types of infrastructure development. (NSW, 2011)
- The proposed development does not trigger any traffic or require any additional infrastructure development.
4.4 State Environmental Planning Policy (Vegetation in Non-Rural Areas) (Vegetation SEPP)
Vegetation SEPP concerns the protection/removal of vegetation identified under the SEPP and gives effect to the local tree preservation provisions of Council’s DCP.
- Overall, the proposal is considered acceptable with regard to the Vegetation SEPP and DCP subject to the imposition of conditions, which have been included in the recommendation of this report. (NSW, 2011)
4.5 Draft Environmental Planning Instrument
The NSW government has been working towards developing a new State Environmental Planning Policy (SEPP) for the protection and management of the natural environment. The Draft Inner West Local Environmental Plan (IWLEP) 2020 was placed on public exhibition commencing on 16 March 2020 and accordingly is a matter for
consideration in the assessment of the application under Section 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979. (NSW, 2011)
- The amended provisions contained in the Draft IWLEP 2020 are not relevant to the assessment of the application.
4.6 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005
An assessment has been made of the matters set out in Division 2 Maters for Consideration of the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005. (NSW, 2011)
- The carrying out of the proposed development is not contrary to the aims of the plan.
4.7 Leichhardt Local Environmental Plan 2013
The application was assessed against the following relevant clauses of the Leichhardt Local Environmental Plan 2013:
Clause 2.3: Zones objectives and Land Use table (NSW, 2013)
• To provide for the housing needs of the community.
• To provide for a variety of housing types and densities.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To improve opportunities to work from home.
• To provide housing that is compatible with the character, style, orientation and pattern of surrounding buildings, streetscapes, works and landscaped areas.
• To provide landscaped areas for the use and enjoyment of existing and future residents.
• To ensure that subdivision creates lots of regular shapes that are complementary to, and compatible with, the character, style, orientation and pattern of the surrounding area.
• To protect and enhance the amenity of existing and future residents and the neighbourhood.
Compliance: Yes
• The proposed new addition and alterations to existing garage and rare fence is permitted under R1 general Residential zone.
• The design of new addition is compatible with the character and style of the neighbourhood
• The new dwelling also benefits its occupants and enhances their liveability.
Clause 4.3: Height of building
The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map (NSW, 2013)
Compliance: Yes
The height of the proposed development is in accordance to LEP standards.
Clause 4.3 A: Landscaped area for residential accommodation in Zone R1
4.3 (3)(a)(i): the lot size equal to or less than 235 square metres 15% of the site area (NSW, 2013)
Compliance: Yes
• The site is provided with 70 sq.m of landscape i.e. 38% of total site area. Minor clearing of grass. Retaining established trees, removal of existing path and turfed.
• An Arboriculture assessment impact report is attached along with the submission for reference.
Clause 4.4: Floor Space Ratio
4.4 (2)(B)(ii): in the case of development on a lot with an area of 150 square metres or more but less than 300 square metres 0.8:1 (NSW, 2013)
FSR
Maximum permissible: 0.8:1 or 182 sqm
Landscape 15% of the site area or 34 sqm
Compliance: Yes
% of the site area or 70 sqm.
The area of proposed development is 178 square meters which makes the FSR 0.78:1.
Clause 4.6: Exception to development standards
4.6 (4): Development consent must not be granted for development that contravenes a development standard unless
(a) the consent authority is satisfied that
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3)
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out. (NSW, 2013)
Compliance: Yes
• The development does not have any exception from Leichhardt LEP 2013 standards.
• Statement provided for any other exception.
Clause: 5.4: Controls relating to miscellaneous permissible uses
5.4 (9): Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater (NSW, 2013)
(a) 60 square metres,
(b) 30% of the total floor area of the principal dwelling.
Compliance: Yes
• The proposed floor area is 29 square meter which meets the requirement of the clause 5.4 (9)(a).
• The total area of the principle dwelling is 149 square metre. Thus, the proposed area is less than 30%. This fulfils the clause 5.4(9)(b).
Clause 5.10: Heritage conservation
Development consent is required for:
5.4 (2) (e) (i) erecting a building on land on which a heritage item is located or that is within a heritage conservation area
5.4 (5) (b) Heritage assessment The consent authority may, before granting consent to any development on land that is within a heritage conservation area 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 or heritage conservation area concerned. (NSW, 2013)
Compliance: Yes
A heritage impact statement is provided with the application to fulfil clause 5.4 (5) (b). The property is not a heritage listed item but falls under the extended Annandale Heritage Conservation Area. The new alterations do not detract from the street character and are made with careful consideration of planning controls.
Clause 6.1 Acid
Sulphate soils:
6.1 (2) Class 5- Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the water table is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.
6.1 (6) Despite subclause (2), development consent is not required under this clause to carry out any works if
(a) the works involve the disturbance of less than 1 tonne of soil, and
(b) the works are not likely to lower the water table. (NSW, 2013)
Compliance: Yes
The site falls under class 5 of Acid sulphate soils. The proposed development does not involve the disturbance of 1 tonne soil and is not likely lower the water table. Thus, the development meets the requirements of clause 6.1.
Clause 6.3 Flood Planning
6.3 (1) The objectives of this clause are as follows
(a) to minimise the flood risk to life and property associated with the use of land,
(b) to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,
(c) to avoid significant adverse impacts on flood behaviour and the environment
6.3 (2) This clause applies to
(a) land at or below the projected sea level rise, and
(b) other land at or below the flood planning level. (NSW, 2013)
Compliance: Yes
A flood assessment statement is attached with the application. The site falls under high flood prone area. The development is compliant by incorporating appropriate measures for flood risk management.
Clause 6.4 Stormwater Management
6.4 (1) The objective of this clause is to minimise the impacts of urban stormwater on land to which this clause applies and on adjoining properties, native bushland and receiving waters. (NSW, 2013)
Compliance: Yes
The proposed development is equipped with new downpipes that connect to the stormwater system. Therefore, there are no impacts on the adjoining properties, bushland and receiving waters.
4.8 Leichhardt Development control Plan (DCP) 2013 Controls
The application has been assessed and the following provides a summary of the relevant provisions of Leichhardt Development Control Plan 2013. (NSW, 2013)
LDCP 2013 Compliance Comment
Part A Introductions
Section 3: Notification of Applications Yes
Part B Connections
B1.1: Connections- objectives Yes
B3.1: Social Impact assessment N/A
Part C
C1.0: General Provision Yes
The proposal makes a positive contribution the occupants. The scale, character, design, material and colour do not contradict from its surrounding.
C1.1: Site and Context Analysis Yes
The existing site conditions have been considered. The site survey documents, site and context analysis have been submitted along with application
C1.2: Demolition Yes Demolition of existing garage and fence does not impact any heritage item or primary dwelling. New development is consistent with the standards.
C1.3: Alterations and additions Yes New studio and fence addition are a sympathetic and reflect the urban character of the street.
C1.4: Heritage Conservation area and Heritage item Yes The site is not an item of heritage but falls under heritage conservation area. The development is not unsympathetic to the neighbourhood character. The primary dwelling in unaffected. Heritage impact statement provided and approved.
C1.7: Site Facilities Yes All essential services, utilities and amenities are available to the site and are capable of servicing the development
C1.8 Contamination Yes The proposal is in accordance with SEPP 55. No land contamination recorded.
C1.9: Safety by design Yes The new fencing is permeable. No bind spots created.
C1.11: Parking No
The existing garage in dilapidated state has been replaced by new garage design. The width of the garage is 2.8m which does not meet the standard width mentioned in the controls. Request to differ has been attached with submission and assessed under clause 4.6 of Leichhardt LEP2013
C1.12 Landscaping Yes The landscape area between principle dwelling and proposed secondary dwelling is more than the minimum 4m prescribed in controls. The landscape area is in Compliance with clause 4.3A of Leichhardt LEP 2013
C1.14: Tree Management Yes No cutting of trees. Minor clearing of grass and low-lying plants. Management and retention of significant trees and its root structure as per Arboriculture report submitted with application.
C1.21: Green roofs and green living walls N/A
Part C Urban Character
C2.2.1.1: Young street
Distinctive Neighbourhood Yes The site faces the White creeks lane and the proposal will enhance the character of the street as the existing garage and fence are in dilapidated state. The development does not contradict from the objectives of the neighbourhood development.
Part C Residential Provisions
C3.1: General Provisions Yes
The additional new dwelling enhances the life of the residents and it is built on the rare end of the site. It does not have any major impact on the street character. The new dwelling is subservient to primary dwelling and its scale, proportion, material and design is not contrary to the surrounding plots.
C3.3: Elevation and Materials
The new proposal elevation aligns with the height neighbouring plot 64 recent addition, retaining the streetscape and scale. The design satisfies the architectural standards. The materials palette is sympathetic and replace the old with better quality.
C3.4: Dormer windows N/A
C3.6: Fencing Yes
The poor-quality timber picket fence facing Whites Creek Lane is proposed to be replaced with a visually permeable, quality steel fence. This fence is 1.2m high which is under permissible norms.
C 3.7: Environment Performance Yes
C 3.8: Private open space Yes
C 3.9: Solar Access
C 3.10: Views Yes
C 3.11: Visual Privacy Yes
The BASIX certificate identifies various environmental performance criteria, which is attached with the submission. The new dwelling satisfies the same.
The open area between the primary and secondary dwelling complies with the criteria of private open space.
Provisions of windows on north to capture daylight. The shadow diagram provided show the shadows casted by neighbouring granny flat approved by council recently. The proposal will receive light between 12 2pm which is within council laws. The proposal has a minimal effect of overshadowing primary dwelling and neighbouring property.
The development is on the lower end of the slope and does not block any major view for neighbouring sites.
Positioning and type of windows has been considered and doors and balconies have been located to avoid overlooking, screening has been included in the design where appropriate over the entire first floor balcony.
C 3.12: Acoustic privacy
The development does not fall under high noise area. The new development meets the standards for acoustic privacy by using adequate materials and screening. Insulation provided as per BASIX index.
Part D Energy
Section 1: Energy Management Yes
Section 2: Resources recovery and waste management Yes
The development meets the demands for energy management mentioned in BASIX certificate. Like provision of LED lamps.
Provision of standard council requirements (Red, yellow and green bins). Reuse of timber, concrete and metals. Guidelines to dispose C&D waste provided.
Part E Water
E1.1.1: Water management Yes
The development meets the demands for water management mentioned in BASIX certificate. Like provision of shower, tap and toilets with a minimum of 3-star water rating or prescribed flow rates.
E1.1.4: Flood risk management report Yes Flood risk management report provided with application.
E1.3.1: Flood risk management Yes The site falls under 1% AEP Flood Level The proposed portion of garage that is within the existing footprint will not adversely impact flood storage. The proposed development generally meets the requirements of Inner West Council (Leichhardt) DCP provided the recommendations within this report are implemented.
4.9 The Likely Impacts
The assessment of the Development Application demonstrates that, subject to the recommended conditions, the proposal will not have any major impact on the society. (NSW, 1979)
4.10 The suitability of the site for the development
The development also suits the Zone R1 criteria. Provided that any adverse effects on the adjoining properties are minimized. The site is suitable to accommodate the new secondary dwelling unit which has been demonstrated in the assessment of the application. (NSW, 1979)
4.11 The Public Interest
The new development does not have any adverse effects on the surrounding area with appropriate management of environment. The application is in compliance with the requirements of Environment planning instruments. (NSW, 1979)
Thus, the project is not contrary to public interest.
5. REFERRALS
Stake holders: Applicant, Council, Neighbouring plots in up to 500m radius. Notification. All the stakeholders have been notified as per Council Notification policy and no submissions received.
The application was referred to the following internal/external sections/officers and issues raised in those referrals have been discussed in section above.
6. ENVIRONMENTAL AND PLANNING ASSESSMENT
Discussion and assessment of relevant main issues against EPAA (s4.15). Address each sub-section (NSW, 1979)
1. Matters of consideration: The council has taken into consideration-
(a) All the relevant environmental planning instruments like SEPPs and LEP. The application and be evaluated and found in compliance with these policies and development criteria.
(b) The application is not relevant for public consideration. However, a notice of development has been provided to the neighbours or concerned people.
(c) Application has been assessed and found satisfactory against the Leichhardt development Control Plan 2013.
(d) Application not entered un Section 7.4
(e) The application has been evaluated for
- The likely impacts: application evaluated, and no likely impact found on environment and neighbourhood.
- Suitability of site: Evaluated and found consistent and suitable with the zone requirement.
- Public interest: Project considered under this section and found non-contradictory to public interest.
1. Application does not contain any non-discretionary developments.
2. Application comply with the conditions of Environmental planning Plan.
3A. Application comply with the conditions of Development Control Plan
3. Consent authority: The application has been evaluated by consent authorities for Food risk Management, Heritage Impact statement, Arboriculture, BASIX and Waste management. The consent authorities have approved the development. A copy of assessment has been attached with submission.
4. The consent authorities do not incur any liabilities for any consequence. (NSW, 1979)
7. CONCLUSION
The proposed secondary dwelling unit i.e. a garage and artist studio, generally complies with aims, objectives and design parameters of the Leichhardt Local Environmental Plan 2013 and Leichhardt Development control plan 2013.
The results of the assessment prove that the development does not have any major impact on the neighbourhood/adjoining properties. It does not contradict the streetscape and urban character of the area.
8. RECOMMENDATIONS
The applicant has made a written request pursuant to clause 4.6 of Leichhardt Environmental Plan 2013 in to contravene from the Australian standard of minimum garage width. On consideration of the request, the variations to the standard is considered as a minor inconvenience and can be approved successfully. The proposal will be in the benefit of the occupants and the neighbourhood.
The proposed development will be in the public interest because the proposed variations are not inconsistent with the objectives of the standards and the zone in which the development is to be carried out.
That the Inner West Local Planning Panel, exercising the functions of the Council as the consent authority, pursuant to s4.16 of the Environmental Planning and Assessment Act 1979, grant consent to Development Application No. DA/2020/0136 for alterations and additions to the existing secondary dwelling, at 62, Alfred street, Annandale, NSW 2038.
The development application is APPROVED subject to appropriate conditions of development consent.
9. References
NSW, 1979. ENVIRONMENTAL PLANNING AND ASSESSMENT ACT- SECT 4.15. (Austl.) [Online]
Available at: http://www5.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/s4.15.html [Accessed 31 May 2020].
NSW, 2011. State Environmental Planning Policy (State and Regional Development). [Online]
Available at: https://www.legislation.nsw.gov.au/#/view/EPI/2011/511/full [Accessed 31 MAY 2020].
NSW, 2013. Leichhardt Development Control Plan (DCP). [Online]
Available at: https://www.innerwest.nsw.gov.au/develop/planning-controls/current-development-control-plansdcp/leichhardt-dcp
[Accessed 1 June 2020].
NSW, 2013. Leichhardt Local Environmental Plan. [Online]
Available at: https://www.legislation.nsw.gov.au/#/view/EPI/2013/758/full [Accessed 30 MAY 2020].
NSW, 2013. Leichhardt Local Environmental Plan 2013. [Online]
Available at: https://www.legislation.nsw.gov.au/#/view/EPI/2013/758/part4/cl4.3 [Accessed 31 MAY 2020].
Saturdaystudio, 2019. Application tracking. [Online]
Available at:
https://innerwest.t1cloud.com/T1Default/CiAnywhere/Web/INNERWEST/Compliance/ApplicationPortalMyMai ntenance?f=%24P1.COM.APPLNDAT.MNT&h=JO436jdI4L&t=F87AC46&suite=PR&pagekey=20200606181513 [Accessed 3 june 2020].
Saturdaystudio, 2020. Notification plan. [Online]
Available at:
https://innerwest.t1cloud.com/T1Default/CiAnywhere/Web/INNERWEST/Compliance/ApplicationPortalMyMai ntenance?f=%24P1.COM.APPLNDAT.MNT&h=dLg3GaBnDi&t=F87A271&suite=PR&pagekey=20200606180408 [Accessed 29 may 2020].
Innerwest.nsw.gov.au. 2020. 2019 Inner West Local Planning Panel - Inner West Council. [online] Available at: <https://www.innerwest.nsw.gov.au/about/the-council/inner-west-local-planning-panel/2019-planning-panelmeetings> [Accessed 2 June 2020].
Figure 1:Site location and Area notified (Innerwest Council,2020)
2
Figure 2: Site image from White Creeks lane (Fortescue Hendricks 2020)..................................................................2
Figure 3: R1 Zoning Residential Area (Leichhardt LEP,2020)
Figure 4: Site photo from White Creek Lane (self) .......................................................................................................3
Figure 5: Development notice on site (self) 10
Figure 6: Area Notified (Saturdaystudio, 2020)...........................................................................................................