City of Canada Bay Council Planning Check

OFFICE USE ONLY FILE NOTE:

PLANNING CHECK, 38 BOWMAN STREET (CRAMER & MILLS)

DATE:

23rd March 2023

PREPARED BY:

Khushi Maheshwari

PROPERTY DETAILS o

Lot – 3

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DP – 319211

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Regional Plan Boundary – Greater Sydney

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Local Aboriginal Land Council – Metropolitan

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Heritage Conservation Area - General

LOCAL ENVIRONMENTAL PLAN – City of Canada Bay 2013 CONTROL

PERMISSIBLE

EXISTING

PROPOSAL

CONTROL TEXT

COMPLIANCE

ZONING

R3 – Medium Density Residential

Medium Density Residential R3

Medium Density Residential R3

Design follows all the zoning objectives mentioned City of Canada Bay LEP 2013

YES

YES

FLOOR SPACE RATIO

0.7:1 maximum

0.42:1

0.7:1

FSR does not include stairs and garage.

Design follows all the floor space ratios objectives mentioned City of Canada Bay LEP 2013

BUILDING HEIGHT

8.5m maximum

Not provided

7.8m

Design follows all the building height objectives mentioned City of Canada Bay LEP 2013

YES

HERITAGE

Cadastre

Cadastre

Cadastre

Design follows all the heritage objectives mentioned City of Canada Bay LEP 2013

YES

LOT SIZE

311.8 sqm

311.8 sqm

311.8 sqm

Design follows all the lot size objectives mentioned City of Canada Bay LEP 2013

YES

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DEVELOPMENT CONTROL PLAN – City of Canada Bay 2022 SECTION

SUBSECTION

PAGE AND CONTROL B- 14 C1

B-14 C3

B3 – GENERAL CONTROL

B3.2 SINGLE DWELLINGS, SEMI DETACHED DWELLINGS AND DUAL OCCUPANCIES

B- 15 C7

CONTROL TEXT

COMPLIANCE

IF IT COMPLIES, JUSTIFY

IF IT DOES NOT COMPLY, LIST OF POSSIBLE CHANGES

A landscaped area at least 0.6m wide (1m preferred) is to be provided between a driveway and a side boundary.

LIKELY COMPLIES

Landscaped area of 1m is provided between the side boundary and the space in front of the garage which is not specified as a driveway.

More information required to know if the space is a driveway or not. If it is, the design complies with the objective.

For existing and new dwellings, a garage or carport in order of priority should be: a) Located at the rear of the site with access from a rear lane b) Located at the rear of the site with access from the street frontage; and c) Located at the side of the dwelling house, behind the front building alignment. d) Located in a basement with access from a rear lane e) Located in a basement with access from the street frontage.

Council may consider a carport forward of the front building alignment where: a) It is a single carport with an external width of no more than 3.0 metres. b) The site is of a sufficient width that the carport will not obscure the existing building. c) The distance between the building and the front property boundary is a minimum of 5.5 metres. d) It is of a simple post design, with no side panel infill; is not elaborate in its decoration and colour and does not detract from the existing building. e) There is no solid panel lift or roller shutter door proposed.

Pushback garage to be behind the building alignment on the side.

DOES NOT COMPLY

Garage has internal access to the main building structure on the side.

However, the garage is in front of the building alignment which does not comply with the objective.

OR Correspond with client to consider carparking as a carport with no access to internal structure and no working space inside. See section B3, part B3.2, control C7.

In correspondence with section B3, part B3.2, control C3 (above).

The garage space can be positioned in the same place if client doesn’t wish to move it behind the building line, but this would mean that the client has no internal access to the structure and no working space inside either. The carport then complies with all the objectives mentioned.

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f)

Does not significantly affect the landscaped front garden. g) Is within a varied streetscape that currently has carports forward of the building alignment. h) The roof is either flat or of a pitch that relates to the existing house i) The views of the house from the public domain will not be adversely affected. j) There is no rear lane access or side access of 2.6 metres or more available. k) Where existing car parking is available, no new structures are permitted forward of the building line.

E-10 C1 E3 – ENVIRONMENTAL CRITERIA AND RESIDENTIAL AMENITY

E3.3 SOLAR ACCESS TO NEIGHBOURS

E-10 C2 E-10 C3 E-10 C4

E3.4

E-10

LIKELY TO COMPLY

The neighbouring church is to the northeast. Because the bulk of the proposed first floor is against the northeast boundary, the southern neighbour isn’t likely to be prohibitively overshadowed.

N/A

Where windows currently receive less than 3 hours, direct sunlight cannot be reduced.

DOES NOT COMPLY

Possible justification as above.

N/A

Direct sunlight to 50% of the principal private open space should not be reduced to less than 3 hours between 9.00am and 3.00pm on 21 June (mid-winter).

LIKELY TO COMPLY

Seems likely to comply but would need to be double checked with a sun study.

N/A

Where 50% of the principal private open space currently receive less than 3 hours, direct sunlight cannot be reduced.

LIKELY TO COMPLY

See above.

N/A

The proposed development shall receive a minimum of 3 hours of direct sunlight to all

DOES NOT COMPLY

Unlikely to comply, but likely defensible on grounds that the site is

N/A

Direct sunlight to all north facing windows of habitable rooms of adjacent dwellings should not be reduced to less than 3 hours between 9.00am and 3.00pm on 21 June (mid-winter).

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SOLAR ACCESS TO DWELLINGS WITHIN THE DEVELOPMENT

C1

E-10 C2

E-12 C1

E3.8 VISUAL AND ACOUSTIC PRIVACY

living room windows between 9.00am and 3.00pm on 21 June (mid-winter).

Direct sunlight to 50% of the principal private open space should not be reduced to less than 3 hours between 9.00am and 3.00pm on 21 June (mid-winter).

Openable first floor windows should be located to face the front or rear of the building. Where it is impractical to locate windows other than facing an adjoining building, the windows should be off set to avoid a direct view of windows in adjacent buildings.

overshadowed by the Church and the amenity of living spaces is compensated by the generous southerly windows.

LIKELY TO COMPLY

LIKELY TO COMPLY

A quick sun study is required to determine but if noncompliant, likely defensible on similar grounds to above.

Openable windows on the top floor for ‘bed 4’ and ‘master bedroom’ are located to the front and rear of the building. Detailed site plan of neighbouring properties is required to determine the location of windows and know if they are parallel to the proposed windows of the site.

N/A

Detailed site plan of neighbouring properties is required to determine the location of windows and know if they are parallel to the proposed windows of the site.

If windows are parallel to one another, provide screening methods by adding planting on the required side.

OR Move windows in either direction to not overlook into neighbouring properties.

E-12 C3

E-12 C6

Provide a minimum sill height of 1.5 metres from finished floor level to windows on a side elevation which serves habitable rooms and has a direct outlook to windows or principal private open space (not being front yard) of adjacent dwellings or alternatively use fixed obscure glass.

DOES NOT COMPLY

Habitable room windows on all elevations do not have a sill height of more than 1.5m

Move the windows on a little higher so they provide a sill height of 1.5m.

Provide suitable screen planting on a rear boundary that will achieve a minimum mature height of 6.0 metres where the rear upper floors are proposed to be less than 7.0 metres off a rear boundary.

LIKELY TO COMPLY

Top floor rooms are 2.8m off the rear boundary. Planting exists but the type is not confirmed yet, so the mature height remains unknown.

Plant more trees on the rear boundary to meet visual and acoustic privacy levels.

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E- 12 C8

E-12 C8

Ground floor decks, patios and the like should not be greater than 500mm above natural ground level. If structures such as these are expansive and are sought on sloping ground, they should be designed to step down in relation to the topography of the site.

Where the visual privacy of adjacent properties is likely to be significantly affected from windows, doors and balconies, or where external driveways and/or parking spaces are located close to bedrooms of adjoining buildings, one or more of the following alternatives are to be applied: a) Fixed screens of a reasonable density (minimum 85% block out) should be provided in a position suitable to alleviate loss of privacy. b) Where there is an alternative source of natural ventilation, windows are to be provided with translucent glazing and fixed permanently closed. c) Windows are off-set or splayed to reduce privacy effects. d) An alternative design solution is adopted which results in the reduction of privacy effects. e) Suitable screen planting or planter boxes are to be provided in an appropriate position to reduce the loss of privacy of adjoining premises.

LIKELY COMPLIES

Side elevations do not provide enough information of the height between the natural ground and the deck space.

More information required assess this objective.

to

Further information on materials required to assess this objective.

LIKELY COMPLIES

Possible screening required between proposed site windows and neighbouring windows. Further information on placement of neighbouring windows and materials required to assess this objective.

Possible solution is to re-arrange spaces depending on the neighbourhood windows.

OR Provide screening by planting on side boundaries for privacy.

Note: This option will only be acceptable where it can be demonstrated that the longevity of the screen planting has been provided.

E- 12 C9

The introduction of acoustic measures to reduce traffic/aircraft noise should not detract from the streetscape value of individual buildings.

LIKELY TO COMPLY

Further information and site investigation must be carried out to know the frequency of traffic and aircraft and how it impacts the space.

Possible solution is to introduce acoustic padding on the interior walls to reduce noise.

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The front setback of all residential buildings is to be a minimum of 4.5 metres or no less than the Prevailing Street Setback, whichever is the greater.

E-18 C1

E4 – GENERAL CONTROLS

E4.2 BUILDING SETBACKS

The “Prevailing Street Setback” is the setback calculated by averaging the setback of five (5) adjoining residential properties on both sides of the development. Where there are fewer than five residential properties or a non-residential use property between a street end or corner and the development site, the “Prevailing Street Setback” is the setback calculated by averaging the setback of the five next residential properties fronting the street (if any) on both sides of the property.

DOES NOT COMPLY

Living spaces of building is setback 7.3m on the ground floor which complies with E4.2 control C1.

However, unhabitable garage space is located only 1.5m off the front boundary which does not comply.

Prevailing street setback for southwest side is at 4.5m on average.

Site design does not comply.

Setback the garage space further.

OR Refer to B3.2 control C4 and ask client to consider the construction of the garage as a carport with no internal access to structure which would then follow B3.2 control C7 and comply with the objectives.

Note: In many instances, the front setback of buildings in Canada Bay is 7.5 metres or greater and development in these areas will be required to comply with this prevailing setback.

E-18 C10 E-18 C10

Single storey dwellings are to be set back a minimum of 900mm from side boundaries.

COMPLIES

Side setbacks are 900mm from side boundaries.

N/A

The second storey of all dwellings are to be set back a minimum of 1500mm from side boundaries.

DOES NOT COMPLY

Southwest side complies as it has a greater setback than 1.5m from boundary. Northeast side does not comply as it is setback only 900mm.

Northeast side needs to be setback to 1.5m.

Setback the building further from the rear boundary.

E-22 C11

All development (not including an outbuilding) is to have a minimum rear setback of 6.0 metres.

DOES NOT COMPLY

Does not comply as rear setback is 1.5m for ground floor and 2.8m for top floor.

OR Move the private open space on the ground floor to the rear side of the property (swap it with the lounge).

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E-25 E4.4 HEIGHT OF BUILDINGS

C1

E-25 C2

Single dwellings, dual occupancies and secondary dwellings are not to exceed the building height plane projected at an angle of 45 degrees over the site from a vertical distance of 5.0 metres above ground level at any boundary of the site.

Maximum 2 storeys for single dwelling house with a single street frontage and one storey for outbuilding

COMPLIES

N/A Orange – permissible building envelope Black – proposed building envelope which shows that the structure complies with this objective.

COMPLIES

The structure is two storeys high and has a single street frontage on Bowman Street. There is no outbuilding.

N/A

Note: Diagram not to scale

E- 32 E4.6 LANDSCAPED AREA

C2

Landscaping that has an area of less than 1.5m x 1.5m must not be included in landscaped area calculations.

COMPLIES

Landscaping that has an area of less than 1.5m x 1.5m are not included in landscape calculations. These areas are A, B, C, and D (according to the diagram on the right).

N/A

Dimension A = 0.9m x 18.7m Dimension B = 0.9m x 5.4m Dimension C = 0.9m x 8m Dimension D = 1m x 9.3m E-32 C3

Landscaping within the side setback must not be included in landscaped area calculations.

COMPLIES

Landscape within the side setbacks of 900mm are not included in landscaped area calculations in accordance with E4.6 control C2.

N/A

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Lot size = 311.8sqm Area A = (1.9 x 0.9) + (10.4 x 1.5) = 17.31sqm E-33 C4

Minimum landscaped area as percentage of parent lot site area is 35%.

DOES NOT COMPLY

Area B = 3 x 2 = 6 sqm Area C = 2 x 5.3 = 10.6 sqm Area D = 7.7 x 3.9 = 29.25sqm Area E = 1.5 x 1.5 = 2.25sqm

Possibility to change the positioning or the dimensions of the pool.

OR Increase the rear setbacks to be more than 1.5m so they can be calculated in the landscaped area.

∴ Total landscaped area = 59.41sqm Percentage landscape area = 59.41 x 100 = 19.05% 311.8

E-33 C4

Front setback area = 10.44 x 4.5 = 46.98sqm Minimum percentage of front setback to be landscaped is 50%.

DOES NOT COMPLY

Area A = 3.8 x 4.5 = 17.1sqm

Push back the garage space to make more room for landscaping.

Area B = 1.5 x 1.5 = 2.25sqm ∴ Total landscaped area = 19.35sqm Percentage landscape area = 19.35 x 100 = 41.19% 46.98

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E-33 C4

Minimum percentage of the lot area behind the building line to be landscaped is 50%.

COMPLIES

Area behind building line = (3.4 x 5) + (5.5 x 1.5) = 25.25sqm

N/A

Area A = (1.9 x 0.9) + (10.4 x 1.5) = 17.35sqm Percentage landscape area = 17.35 x 100 = 68.71%

E- 33 C5

E-33 C7 E-33 C10 E- 33 C11

E4.8 PRIVATE OPEN SPACE

E-34 C1

25.25

Existing trees are to be retained and integrated into a new landscaping scheme, wherever possible. Suitable replacement trees should be provided.

LIKELY COMPLIES

Further information required on landscaping strategies to assess this objective.

N/A

The majority of the front building setback and private courtyard areas of all development should comprise landscaping, where possible, in accordance with the definition in this DCP.

LIKELY TO COMPLY

Further information required on landscaping strategies to assess this objective.

N/A

A significant landscaped setting is to be established for pathways and paved areas.

LIKELY TO COMPLY

Further information required on landscaping strategies to assess this objective.

N/A

Pathways and driveways are to be located a minimum of 1.0 metres from common boundaries.

LIKELY TO COMPLY

Does not comply at paved area behind the garage space but defensible on ground that it is not a major difference (only 0.5m).

N/A

The provision of private open space for residential development per dwelling is 40sqm with a minimum private open space of 5m x 5m.

SEMI COMPLIES Area A = (3.4 x 5) + (5.5 x 1.5) = 25.25sqm

It is suggested to relocate the pool behind the building line, as area B (without the pool area) already meets the minimum requirements for private open space. By relocating the pool, the minimum

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Area B = (5.4 x 12) – (8 x 1.9) = 49.6sqm

dimension requirements will also be fulfilled.

Total private open space = 25.25 + 49.6 = 74.85 sqm COMPLIES However, the minimum requirements of 5m x 5m are not met within this space.

DOES NOT COMPLY E- 34 C2 E-34 C3

E-34 C4

A development should locate the private open space behind the front building line.

COMPLIES

Only the private open space behind the front building line is accounted for.

N/A

At least one portion of the private open space with a minimum area of 40sqm should be adjacent to and visible from the main living and/or dining rooms and be accessible from those areas.

COMPLIES

Space around the pool (49.6sqm) is visible and accessible from the kitchen and living space.

N/A

Development should take advantage of opportunities to provide north facing private open space to achieve comfortable yearround use.

LIKELY TO COMPLY

Need further information of designs to use the north facing private open space in order to accurately assess this objective.

N/A

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