Summary

DA No.

DA/F03D/2020

Property

Lot 33 DP 16716
18 Valley Road, EASTWOOD NSW 2122

Proposal

Demolition of existing structures and construction of a detached dual occupancy and two-lot Torrens title subdivision

Date of receipt

1 January 2020

Applicant

AA Architects Pty Ltd

Owner

Anna Leditschke

Property owned by Council employee or councillor

The site is not known to be owned by a Council employee or Councillor

Political donations/gifts disclosed

None disclosed on the application form

Submissions received

1 submission

Conciliation conference held

No

Recommendation

<consent/refusal>

Assessment officers

<your names>

Legislative requirements

Environmental Planning Instruments

SEPP No. 55 – Remediation of Land

SEPP (Building Sustainability Index: BASIX) 2004

SEPP (Vegetation in non-rural areas) 2017

Parramatta Local Environmental Plan 2011

Zoning

<check LEP>

Bushfire Prone Land

No

Heritage

No

Heritage Conservation Area

No

Integrated development

No

Clause 4.6 variation

No

Delegation

Team leader

Site description and conditions

Site description

<include identification and any features of the site>

Site dimensions

<include all relevant site dimensions>

Neighbourhood and zoning context

<include description of neighbourhood characteristics and zones>

Existing site improvements

<include description of current use of the site and include aerials and street pics (Google will do)>

Referrals

Development Engineer

Satisfactory, subject to conditions

Landscape and Tree Assessment

Satisfactory, subject to conditions

Development contributions

In accordance with the City of Parramatta Council Section 94A Development Contributions Plan (Amendment No. 5), a Section 7.12 Development Contributions is required to be paid if the cost of works exceeds $100,000. A standard condition has been imposed requiring the contribution to be paid prior to the issue of a Construction Certificate.

BONDS

In accordance with Council’s Schedule of Fees and Charges, the developer will be obliged to pay Security Bonds to ensure the protection of civil infrastructure located in the public domain adjacent to the site. A standard condition of consent has been imposed requiring the Security Bond to be paid prior to the issue of a Construction Certificate.

EVALUATION

The proposal

<outline a detailed breakdown of the developments proposed. E.g. demolition, land use, landscaping, subdivision etc. These must be defined developments in the LEP>

Permissibility

<identify the applicable zone, assess if the proposed developments (above) are permitted in that zone and confirm if the proposal is consistent with that zone’s objectives>

State environmental planning policies

SEPP NO. 55 – REMEDIATION OF LAND

A Site inspection reveals the site does not have an obvious history of a previous land use that may have caused contamination;

Historic aerial photographs were used to investigate the history of uses on the site;

A search of Council records did not include any reference to contamination on site or uses on the site that may have caused contamination;

A search of public authority databases did not include the property as contaminated;

The Statement of Environmental Effects states that the property is not contaminated; and

There is no specific evidence that indicates the site is contaminated and is suitable for the residential use.

Therefore, in accordance with Clause 7 of the State Environmental Planning Policy No 55- Remediation of Land, the land is suitable for residential use.

SEPP (BUILDING SUSTAINABILITY INDEX: BASIX) 2004

The requirements outlined in the BASIX certificate have been satisfied in the design of the proposal. A condition has been imposed to ensure such commitments are fulfilled during the construction of the development.

SEPP (VEGETATION IN NON-RURAL AREAS) 2017

The application has been assessed against the requirements of State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017. This Policy seeks to protect the biodiversity values of trees and other vegetation in non-rural areas of the State, and to preserve the amenity of non-rural areas of the State through the preservation of trees and other vegetation.

The application proposes the removal of non-native vegetation from the site and the replacement of native vegetation as part of the landscape plan. Council’s Tree and Landscape Officer has reviewed the application and raised no objections to the removal of the vegetation from the site subject to conditions of consent requiring sensitive construction methods used to protect adjacent vegetation.

Local environmental plan

The relevant matters to be considered under Parramatta Local Environmental Plan 2011 for the proposed development are outlined below.

Control

Proposal

Compliance

Cl4.1 Minimum subdivision lot size (see also cl6.11 below)

Minimum:

Proposed:

<yes/no>

Cl4.3 Height of Buildings

Maximum:

Proposed:

<yes/no>

Cl4.4 Floor Space Ratio

Maximum:

Proposed:

<yes/no>

Cl5.1A Development on

land intended to be acquired for public purposes

The subject site is not identified in the Land Reservation Acquisition Map.

Yes

Cl5.4 Controls relating to miscellaneous permissible uses

The subject application is not proposing miscellaneous permissible uses.

Yes

Cl5.6 Architectural roof features

The subject application is not proposing architectural roof features.

Yes

Cl5.7 Development below mean high water mark

The subject site is not covered by tidal waters.

Yes

Cl5.10 Heritage Conservation

The subject site is not within vicinity of a heritage item or heritage conservation area, and

the proposed works are not considered to impact Aboriginal Heritage.

Yes

Cl5.11 Bush fire hazard reduction

The subject site is not identified to be located in bushfire prone land.

Yes

Cl6.1 Acid sulphate soils

The subject site is identified to contain Class 5 Acid

Sulphate Soils. An acid sulphate soils management plan is not required as earthworks are not below 5m AHO.

Yes

Cl6.2 Earthworks

The earthworks are considered satisfactory, as they are minor and will not impact the amenity of adjoining properties.

Yes (with conditions)

Cl6.3 Flood planning

The subject site is not located in flood affected land.

Yes

Cl6.4 Biodiversity

The subject site is not identified in the Natural Resources – Biodiversity Map.

Yes

Cl6.5 Water Protection

The subject site is not identified in the Natural Resources – Riparian Land and Waterways Map.

Yes

Cl6.6 Development on Landslide Risk Land

The subject site is not identified in the Natural Resources – Landslide Risk Map.

Yes

Cl6.7 Foreshore Building Line

The subject site is not located within a foreshore area.

Yes

Cl6.11 Dual Occupancies on land in Zones R2, R3 and R4

Lot size is not less than 600sqm

<to complete>

<yes/no>

Detached dual occupancies are only permissible if the land contains a heritage item or has two street frontages

<to complete>

<yes/no>

Dual occupancies are not permitted if site is in area identified in Dual Occupancy Prohibition Map

<to complete>

<yes/no>

Cl6.15 Particular dual occupancy subdivisions must not be approved

The subject site is not located within the South Parramatta Conservation Area.

Yes

DEVELOPMENT CONTROL PLAN

The relevant matters to be considered under Parramatta Development Control Plan 2011 for the proposed development are outlined below

Control

Proposal

Compliance

2.4.1 Views and Vistas

The proposed development is not considered to obscure the significant topographical features of Parramatta.

Yes

2.4.2 Water Management

The proposed water management is considered satisfactory and does not impact waterways and groundwater.

Yes

2.4.3 Soil Management

The proposed earthworks are considered satisfactory. An adequate sedimentation plan has been provided to ensure adjoining properties are not impacted.

Significant amount of excavation is proposed in order to suitably bench the site. Retaining walls are proposed with a maximum height of 0.6m.

Whilst the subject site is identified to contain Class 5 acid sulphate soils, the proposed earthworks are considered satisfactory and

complies with Clause 6.1 of LEP 2011.

Yes

2.4.4 Land Contamination

Satisfactory – Refer to Section I for discussion.

Yes

2.4.5 Air Quality

The proposed dual occupancy development is not considered to impact air quality.

Yes

2.4.6 Development of sloping land

The proposed dual occupancy development is considered to be adequately designed to respond to the natural topography of the

subject site.

Yes

2.4.7 Biodiversity

The proposed dual occupancy development is not considered to affect significant vegetation.

Yes

2.4.8 Public Domain

The dual occupancy development will consist of works within the public domain area particularly in relation to tree removal and the driveway crossover and laybacks. Conditions

have been imposed to ensure works are adequately conducted.

Yes

3.1.2 Height Transition

Adjoining properties are imposed of the same development height standards.

Yes

3.1.3 Dual occupancies

Height in storeys

Maximum: 2 storeys

Proposed: <to complete>

<yes/no>

Site Frontage

Minimum: 15m; or 12m for sites with two frontages

Proposed: <to complete>

<yes/no>

Front Setback (Primary)

Minimum: 5-9m, consistent with street

Proposed: <to complete>

<yes/no>

Front setback (Secondary)

Minimum: 3m

Proposed: <to complete>

<yes/no>

Side Setbacks

Minimum: 1.5m

Proposed: <to complete>

<yes/no>

Rear Setback

Minimum: 30%, or 15% on corner sites

Proposed: <to complete>

<yes/no>

Deep Soil Zone

Minimum: 30% of site; 50% at rear of site; 15% at front of site; 4x4m

Proposed: <to complete>

<yes/no>

Landscaped Area:

Minimum: 40% of site

Proposed: <to complete>

<yes/no>

3.2.1 Building Form and Massing

The proposed building form and massing is considered satisfactory and consistent with the streetscape and locality.

Yes

3.2.2 Building Facades Articulation

The proposal consists of a mixture of building materials and colours that forms articulation. The buildings do not contain large areas of blank, minimally or poorly articulated walls. The detached dual occupancies are presented to the street as separate dwelling houses.

Yes

3.2.3 Roof Design

The proposed roof is considered satisfactory and does not visually detract the qualities of the existing streetscape and locality.

Yes

3.2.4 Energy Efficient Design

Development is conditioned to comply with the requirements of the submitted BASIX Certificate.

Yes, subject to conditions

3.2.5 Streetscape

Garage width

Maximum: Lesser of 6.3m or 50% of elevation

Proposed: <to complete>

<yes/no>

Garage setback

Minimum: 300mm behind front wall of building

Proposed: <to complete>

<yes/no>

3.2.6 Fences

Maximum: 1.2m high in front of building

Proposed: 1.2m

The proposed fencing is considered to respond to the architectural character of the buildings it fronts and will maintain the private open space amenity of both proposed dwellings.

Yes

3.3.1 Landscaping

The proposed landscaping is considered satisfactory and meets the design principles.

Yes

3.3.2 Private Open Space

Minimum: 100sqm with >6m dimensions

Proposed: <to complete>

<yes/no>

3.3.3 Visual and Acoustic Privacy

Required: Balconies face street; building separation privacy from private open space

Proposed: <to complete>

<yes/no>

3.3.4 Acoustic Amenity

Required: Insulate rooms affected by external noise

Proposed: The subject site is not located within vicinity of noise generating land uses

Yes

3.3.5 Solar Access and Cross Ventilation

Solar access

Minimum: 3hrs sunlight between 9am-3pm on 21-June in habitable rooms and 50% of private open space

Proposed: The proposed development will not meet the minimum required solar access for the adjoining property. <read the controls to determine if this matters>

<yes/no>

Ceiling heights

Requirement: 2.7-3.0m at ground; 2.4-3.0 above

Proposed: all floor to ceiling distances are between 2.7 and 3.0m

Yes

3.3.6 Water Sensitive Urban Design

The proposed development is considered to be in compliance with WSUD Strategy.

Yes

3.3.7 Waste Management

A waste management plan has been submitted and is considered satisfactory.

Yes

3.6.2 Parking and Vehicular Access

Enclosed garage size

Minimum: 3.0m x 5.4m

Proposed: <to complete>

<yes/no>

Off-street parking spaces

Minimum: 1 space if dwelling <125sqm; otherwise 2 spaces

Proposed: <to complete>

<yes/no>

3.7.1 Dual occupancy subdivision requirements

Resulting street frontage

Minimum: 7.5m

Proposed: <to complete>

<yes/no>

Resulting site areas

Requirement: equal or similar proportions in site area

Proposed: <to complete>

<yes/no>

EP&A Regulations 2000

Applicable Regulation considerations including demolition, fire safety, fire upgrades, compliance with the Building Code of Australia, compliance with the Home Building Act, PCA appointment, notice of commencement of works, sign on work sites, critical stage inspections and records of inspection have been addressed by appropriate consent conditions, refer to Appendix 1.

LIKELY IMPACTS

< based on your assessment, summarise the impacts of the proposal, particularly if any planning controls above are no complied with, e.g. resulting impacts on neighbourhood character, privacy, traffic, stormwater management, etc.>

SUITABILITY OF SITE

<based on the zoning, summarise any issues and assess if this site is appropriate for the proposed development>

PUBLIC CONSULTATION

The application was notified in accordance with Council’s notification procedures contained within Appendix 5 of PDCP 2011.

Submissions received:

1 submission

Issues raised, and assessment of consent authority

<outline issues raised and provide a brief response based on your assessment of the issues>

Therefore, the consultation of the development application is in accordance with Council’s Community Engagement Strategy and Parramatta Development Control Plan 2011 and public consultation is considered satisfactory in this regard.

PUBLIC INTEREST

<summarise, based on your assessment, if the proposed development is in the public interest>

CONCLUSION/RECOMMENDATION (DETERMINATION)

<Either:

Conditional consent

After consideration of the development against Section 4.15 of the Environmental Planning and Assessment Act 1979, and the relevant statutory and policy provisions, the proposal is suitable for the site and is in the public interest. Therefore, it is recommended that the application be approved subject to the imposition of appropriate conditions.

Or:

Refusal

After consideration of the development against Section 4.15 of the Environmental Planning and Assessment Act 1979, and the relevant statutory and policy provisions, the proposal is unsuitable for the site and is not in the public interest. Therefore, it is recommended that the application be refused subject to the reasons provided below:

<list your reasons for refusal>

>