Agenda of Sutherland Shire Local Planning Panel - 13 00 2020...2020/03/13 · Sutherland Shire...

Business Paper

Sutherland Shire Local Planning Panel

Friday, 13 March 2020

eDetermination

Sutherland Shire Local Planning Panel 13 March 2020

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ORDER OF BUSINESS

1. DISCLOSURES OF INTEREST

2. REPORTS FROM OFFICERS

SSLPP016-20 27 Juvenis Avenue OYSTER BAY

DA19/0243 - Construction of a Dwelling

SSLPP017-20 12 Bulls Road BURRANEER

MA19/0315 - S4.55(2) modification to DA18/1384 - deletion of

external stairs and extension of rear balcony


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SSLPP016-20 PROPOSAL: DA19/0243 - CONSTRUCTION OF A DWELLING

PROPERTY: LOT 2 DP 508402, (27) JUVENIS AVENUE, OYSTER

BAY

APPLICANT: WINCREST GROUP PTY LTD

FILE NUMBER: DA19/0243

Attachments: Appendix A⇩

REASON FOR THE REPORT

This application is referred to the Sutherland Shire Local Planning Panel (SSLPP) for E-Determination.

The application was previously considered by the SSLPP at its meeting held on 21 January 2020. The

application had been referred to the Panel because the development has received more than 10

objections. The Panel deferred their decision subject to the submission of amended plans showing a

slightly lower building height (see Section 4 below).

ASSESSMENT OFFICER’S RECOMMENDATION

THAT:

Pursuant to the provisions of Clause 4.6 of Sutherland Shire Local Environmental Plan 2015, the

written submission in relation to the variation to Landscaped Area satisfies the relevant provisions

of Clause 4.6 and is therefore supported. It is recommended that the provisions of Clause 4.6 be

invoked and that the Landscaped Area development standard be varied to 36.57%, in respect to

this application.

That Development Application No. 19/0243 for Construction of a dwelling at Lot 2 DP 508402, (27)

Juvenis Avenue, Oyster Bay be approved, subject to the conditions contained in Appendix A of the

report.


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ASSESSMENT OFFICER’S COMMENTARY

1.0 DESCRIPTION OF PROPOSAL

The application is for construction of a new 2 storey dwelling house. The ground level contains living

areas, kitchen, dining, master suite and a double garage. The first floor consists of 3 additional

bedrooms and a living area with rear facing balcony.

A site plan is provided below.

Figure 1 – Site Plan

2.0 SITE DESCRIPTION AND LOCALITY

The site is located off the northern (low) side of Juvenis Avenue. The site area is 666.4m2. The site is

burdened by a right-of-carriageway along the western side boundary and northern rear boundary. The

locale in the immediate vicinity is characterised by established low density dwellings.

Figure 2 – Aerial Photo


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3.0 BACKGROUND

A history of the development proposal is as follows:

The application was submitted on 4 April 2019.

The application was referred to the Sutherland Shire Planning Panel for determination at the

meeting held on 21 January 2020. The Panel deferred their decision subject to the submission

of amended plans.

The Applicant submitted amended plans to Council on 12 February 2020.

4.0 PANEL DECISION & MINUTES FROM MEETING

SSLPP001-20 Proposal: DA19/0243 - Construction of a Dwelling

Property: Lot 2 DP 508402, (27) Juvenis Avenue, Oyster Bay

Applicant: Wincrest Group Pty Ltd

File Number: DA19/0243

PANEL DECISION:

Consideration of Development Application No. 19/0243 for construction of a dwelling at Lot 2 DP

508402 27 Juvenis Avenue, Oyster Bay be deferred, and Council staff liaise with the applicant to

explore options to reduce the height of the proposal by 500mm, which may include reviewing:

a) The first floor ceiling, which may include a raked ceiling for additional internal height;

b) Reducing the roof pitch;

c) Refinement of excavation; and/or

d) Deleting or lowering the eastern front parapet;

And that upon submission of amended plans the matter be reported back to the Panel for

determination by electronic means as soon as practicable, including draft conditions of consent, even

if Council staff are minded not to support the revised plans.

REASON FOR THE DECISION:

That although Council staff recommend refusal of the application, the Panel was inclined to support

the proposal. This was aided by visiting the site, including neighbouring properties claiming a view

loss, and visiting the surrounding area.

The proposal is reasonably constrained and modest given the planning controls. A western view

corridor is afforded to neighbours by the driveway and generous first floor western setback. The

proposal complies with (and is well within) the FSR, and complies with the height limit, while

landscaping is reasonably maximised noting some constraints by a RoW. The ceiling heights and roof

pitch proposed consider view impacts and reflect a desire to consider and respond to principles of

view sharing. Some excavation is proposed and there are some limits to further excavation by


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driveway gradients and DCP controls. While view impacts exist, their severity is overstated by

neighbours, in the Panel’s view. Not all water views will be lost and some views to the opposite

shoreline and landforms will remain. Privacy impacts are considered minor.

The applicant and their representatives expressed a willingness to reconsider and revise aspects of

the proposal to further reduce the building height and impacts on neighbours. This is entirely

reasonably given the proposal, the planning controls and the impacts. The resolution is framed

accordingly. Given the circumstances, the Panel is of the view the matter can be determined

electronically without a further public meeting.

5.0 ASSESSMENT

The Applicant has submitted amended plans in response to the above decision by the Panel. The

maximum building height has been lowered by 524mm. This has been achieved through a

combination of the following:

First floor ceiling height now reduced from 2.70m to 2.45m

Roof pitch now reduced from 90 degrees to 30 degrees on the western side of the roof (max. 30

pitch for entire first floor roof)

Mirrored roof form resulting in the western side, which adjoins the largest view corridor along the

RoC, now being situated lower than the eastern side.

Deletion of the parapet on the eastern side of front facade

The amended plans do not result in any change to the gross floor area, landscaping, finished floor

levels or building setbacks and as such do not result in any additional amenity impacts upon adjacent

residents.

6.0 DEVELOPMENT CONTRIBUTIONS

The proposed development has a value of greater than $100,000 and will thus attract Section 7.12

contributions in accordance with Council’s adopted Section 7.12 Development Contribution Plan 2016.

This contribution is based upon the proposed cost of the development and has been calculated at 1%

of $589,823 (the estimated cost of development identified on the development application form).

Therefore, the Section 7.12 levy for the proposed development is $5,898.23.

7.0 DECLARATIONS OF AFFILIATION, GIFTS AND POLITICAL DONATIONS

Section 10.4 of the Environmental Planning and Assessment Act, 1979 requires the declaration of

donations/gifts in excess of $1000. In addition the application form requires a general declaration of

affiliation. In relation to this application no declaration has been made.


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8.0 CONCLUSION

The applicant has satisfactorily addressed the Panel’s decision, and the reason for that decision.

The application has been assessed having regard to the Heads of Consideration under Section 4.15

of the Environmental Planning and Assessment Act 1979 and is now supported, subject to conditions.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Development Assessment &

Certification (Simone Plummer), who can be contacted on 9710 0333 (Matthew Riordan).

File Number: DA19/0243


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SSLPP017-20 PROPOSAL: MA19/0315 - S4.55(2) MODIFICATION TO DA18/1384 -

DELETION OF EXTERNAL STAIRS AND EXTENSION

OF REAR BALCONY

PROPERTY: LOT 18 DP 6593, (12) BULLS ROAD, BURRANEER

APPLICANT: MSB DESIGN PTY LTD

FILE NUMBER: MA19/0315

Attachments: Appendix A⇩ and Appendix B⇩

REASON FOR THE REPORT

This report is referred to the Sutherland Shire Local Planning Panel (The Panel) because the original

application was approved by The Panel and the modification involves works within the foreshore area,

outside of the building footprint, varying the Foreshore Building Line (FSBL).

Nil submissions

APPROVED PROPOSAL

Approval has been granted for alterations and additions to a dwelling house.

PROPOSED MODIFICATION

The modification seeks approval to demolish the existing external stairs to the first floor rear balcony

and replace by extending the balcony.

THE SITE

The subject site is a waterfront lot located on the north-east side of Bulls Road, Burraneer.

ASSESSMENT OFFICER’S RECOMMENDATION

THAT:

That pursuant to the provisions of Section 4.55(2) of the Environmental Planning and Assessment

Act 1979, the requested modification to Development Consent No. 18/1384 dated 18 Jun 2019 for

Alterations and additions to existing dwelling at Lot 18 DP 6593, 12 Bulls Road, Burraneer be

supported.

That Development Application No. DA18/1384 for Alterations and additions to existing dwelling at

Lot 18 DP 6593, 12 Bulls Road, Burraneer be modified as shown in Appendix A and as follows:


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1. Approved Plans and Documents

The development must be undertaken substantially in accordance with the BASIX certificate,

details and specifications set out on the following approved plans:

Plan number Reference Prepared by Date

Project No.

1819/21, Sheet

No. A01

Existing Site / Site

Analysis &

Proposed Site Plan

MSB Design Pty Ltd 06/05/2019

Project No.

1819/21, Sheet

No. A01/D

Existing Site / Site

Analysis &

Proposed Site Plan


Project No.

1819/21, Sheet

No. A02

Existing /

Demolition Floor

Plans


Project No.

1819/21, Sheet

No. A02/D

Existing /

Demolition Floor

Plans


Project No.

1819/21, Sheet

No. A03

Proposed Floor

Plans


Project No.

1819/21, Sheet

No. A03/D

Proposed Floor

Plans


Project No.

1819/21, Sheet

No. A04

Proposed Sections

and Basix

Commitments


Project No.

1819/21, Sheet

No. A04/D

Proposed Sections

and Basix

Commitments


Project No.

1819/21, Sheet

No. A05

Elevations and

Perspectives


Project No.

1819/21, Sheet

No. A05/D

Elevations and

Perspectives


Project No.

1819/21, Sheet

No. A06

Landscape Area

and Stormwater

Concept Plan


Project No.

1819/21, Sheet

No. A06/D

Landscape Area

and Stormwater

Concept Plan


and any details on the application form and on any supporting information received with the

application except as amended by the following conditions.

Note: The following must be submitted to Sutherland Shire Council prior to the commencement of

any building work.

i) A Construction Certificate.


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ii) Notification of the appointment of a Principal Certifying Authority and a letter of acceptance from

that Principal Certifying Authority.

iii) Notification of the commencement of building works with a minimum of 2 days’ notice of such

commencement.


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ASSESSMENT OFFICER’S COMMENTARY

1.0 DESCRIPTION OF PROPOSED MODIFICATION

An application has been made under the provisions of Section 4.55(2) of the Environmental Planning

and Assessment Act, 1979 (EP&A Act) to modify the terms of Development Consent No.DA18/1384.

Council by Development Consent No. 18/1384 issued on 18 Jun 2019 granted approval for Alterations

and additions to existing dwelling on the subject property.

In the SEE prepared by MSB Design Pty Ltd dated 01/10/19, the specific modification sought to the

approved development is described as follows:

“There is currently an approved development application (DA18/1384) for alterations and additions to

an existing dwelling house. The project is currently under construction and this Section 4.55

modification seeks approval to demolish the existing external stairs (east) and replace by extending

the proposed balcony.

The proposed roof over the outdoor dining and supporting columns will remain unchanged.

This modification will not affect any landscape areas, floor space ratio, building heights or setbacks

and will provide a more usable outdoor dining area while improving the clean aesthetic by removal of

the existing stairs.

As mentioned above the setback to the foreshore building line/rear boundary will remain unchanged

(similar setback to existing stair) and will not have any adverse effects on the surrounding foreshore

area. We trust that council will consider this application on its merits and are hopeful of a positive

outcome”.

An approved floor plan and proposed modified floor plan are provided below.


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Figure 1: DA Approved Floor Plan – shaded area indicating extent of encroachment over the FSBL.

Figure 2: Amended proposal – shaded area indicating reduced extent of encroachment over the

FSBL.


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2.0 APPROVED DEVELOPMENT

Approval has been granted for alterations and additions to the existing dwelling which comprise the

following:

First Floor

New first floor addition comprising 2 x bedroom suites each with ensuite, WIR and balcony.

Ground Floor

The curved walls on the waterfront elevation are to be removed, squared off and located above

the FSBL;

The existing centred balcony partially encroaching the FSBL is to be extended towards the NW

side boundary with a new reconfigured landing connecting to the existing stair;

The curved wall to the family room (streetscape elevation) is to be removed and squared off;

Reconfiguration of the floor plate to comprise entry, family, kitchen, dining, living room and a

bedroom suite with the WIR and ensuite;

Extension to existing garage with the garage floor level raised 350mm.

Lower Ground Floor

The curved walls on the waterfront elevation are to be removed, squared off and located above

the FSBL.

Ancillary works in front yard

Demolish existing pitched roof awning to be replaced by a new flat roof entry awning connected

to a covered glass walkway with columns;

Increased landscaping to the front yard adjacent to the pool area and along the south-eastern

side boundary.

The detailed development assessment report in relation to this development under Section 4.15 of the

EP&A Act is attached to Development Application file No DA18/1384.

At present the development is under construction.

3.0 BACKGROUND

A history of the development proposal is as follows:

DA18/1384 was submitted on 28 November 2018 and approved by The Panel on 18 June 2019

subject to suitable conditions of development consent.

The current modification application was submitted on 4 October 2019.


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The application was placed on exhibition, with the last date for public submissions being 11

November 2019 and no submissions were received.

On the 5 February 2020 additional information was received addressing in detail the Foreshore

Area development standard as requested by Council.

4.0 NATURE OF MODIFICATION SOUGHT

This application proposes the modification of Development Consent No. DA18/1384 pursuant to

Section 4.55(2) of the EP&A Act.

An assessment of the type of modification proposed has been carried out in accordance with the

provisions of the Environmental Planning and Assessment Regulation 2000 (EP&AR 2000) and a

Section 4.55(2) is the appropriate type of modification application.

5.0 PUBLIC PARTICIPATION

As the application involves modification under Section 4.55(2) of the EP&A Act, the application has

been notified in accordance with the Sutherland Shire Development Control Plan 2015 (DSSDCP

2015). Adjoining or affected owners were notified of the proposal and no submissions were received.

6.0 STATUTORY CONSIDERATIONS

The subject land is located within Zone E4 Environmental Living pursuant to the provisions of

Sutherland Shire Local Environmental Plan 2015. The proposed development, being alterations and

additions to a dwelling house, is a permissible land use within the zone with development consent

from Council.

The following Environmental Planning Instruments (EPI’s), Development Control Plans (DCP’s),

Codes or Policies are relevant to this application:

Sutherland Shire Local Environmental Plan 2015 (SSLEP 2015).

Sutherland Shire Development Control Plan 2015 (DSSLEP 2015).

State Environmental Planning Policy No. 71 – Coastal Protection (SEPP 71).

Section 7.12 Development Contribution Plan 2016 - Sutherland Shire.


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7.0 COMPLIANCE TABLE

The compliance table below contains a summary of applicable development standards and controls

and a compliance checklist relative to these:

Sutherland Shire Local Environmental Plan 2015

CLAUSE REQUIRED PROPOSAL COMPLIANCE

cl.4.3

Height of Building

8.5m

8m

No change

cl.6.9 (2)

Limited

Development on

Foreshore Area

Development consent must

not be granted for

development on the

foreshore area except for

the following:

(a) the alteration, extension

or rebuilding of an existing

dwelling wholly or partly on

the foreshore area if the

footprint of the extension or

alteration will not extend

any further forward of the

foreshore building line than

the footprint of the existing

dwelling,

The existing dwelling is

partially located within the

foreshore area

The modification seeks to

demolish the existing

balcony stair and replace

with an extension to the

balcony (outside of the

*footprint of the existing

building).

No, but acceptable

cl.6.14

Landscaped Area

40% (275.68m2)

17.3% (119m2) pre-existing

18.7% (129.1m2) proposed

No change

*footprint is defined as the floor or walls of an existing dwelling and does not include any existing

balconies.

CHAPTER 2:

B. Dwellings Houses in the E4 Environmental Living Zone

Sutherland Shire Development Control Plan 2015

REQUIRED PROPOSAL COMPLIANCE NOTES

2.2 Building Setbacks

Side Setback:

1.5m

SE 1335mm (new works)

1313 (pre-existing)

No change


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Rear Setback:

6.0m

NW 1686mm (new works)

1017mm (pre-existing)

8.474m

**Satisfies Cl.2.26

No change

2.2.6. Side setback may be

reduced to 900mm for alts and

adds to dwellings that have an

existing side setback of 900mm –

subject to not impeding

emergency access.

**1335mm following wall of SE

side boundary

No change

8.0 ASSESSMENT

A detailed assessment of the application has been carried out having regard to the Heads of

Consideration under Section 4.15 of the EP&A Act.

The following matters are considered important to this application.

8.1 Foreshore Development Standards

Clause 6.9 – Limited development on foreshore area development standard of SSLEP 2015 contains

provisions relating to development within the foreshore area. The clause functions to minimise

buildings and other works in the environmentally sensitive areas adjacent to the foreshore.

The development standard permits alterations and additions to an existing dwelling forward of the

foreshore building line (FSBL) provided that the additions to the dwelling are no further forward of the

FSBL than the footprint of the existing dwelling.

The subject site is affected by a FSBL located across the lot through the lower portion of the existing

dwelling. The approved balcony and existing stair partially encroach below the FSBL. The

modification seeks to demolish the existing stair and replace by extending the balcony resulting in a

reduced visual impact when viewed from the waterway. The approved elevation and proposed

modified elevation are provided below.


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Figure 3: DA Approved 3D Rear View (waterfront elevation)

Figure 4: Proposed Modified 3D Rear View (waterfront elevation)


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The objectives of the foreshore area development standard set out in Clause 6.9 (1) of SSLEP 2015

are as follows:

(a) to ensure that development on the foreshore area will not adversely impact on natural foreshore processes or affect the significance and amenity of the area,

(b) to maintain and improve public access to the intertidal area of waterfronts if that access will cause minimal adverse environmental impact,

(c) to avoid adverse ecological effects on waterways by minimising any adverse impact from development on water quality and, so far as is practicable, to improve the quality of urban run-off entering waterways,

(d) to protect and enhance significant natural features and vegetation on the foreshore area,

(e) to retain endemic vegetation along foreshore areas,

(f) to restore and revegetate foreshore areas to improve estuarine flora and fauna habitat,

(g) to minimise any adverse visual impact of development when viewed from adjacent land and waterways by using a design and materials that complement the natural landscape of the foreshore area,

(h) to minimise any adverse impact of development on the natural landform of the foreshore area and waterways by integrating the development with minimal change to the natural topography of the foreshore area,

(i) to achieve a balance between private development and the public use of waterways,

(j) to minimise the obstruction of water views from public land.

The proposal is considered to satisfy the relevant objectives above as the proposal will not adversely

impact natural foreshore processes, or cause adverse environmental impacts. Water quality is not

considered to be adversely affected by the proposal and natural features and vegetation is to be

retained and enhanced. The proposal seeks to reduce the building bulk of the existing dwelling and its

visual impact on the natural landform of the foreshore area is improved when viewed from the

waterway. Given the minor nature of the works relative to the public domain, obstruction of water

views from public land is negligible.

Before granting development consent to development on the foreshore area Council must be satisfied

of certain matters. Clause 6.9(3) set out the matters to be considered which include the appearance of

the development; potential for environmental harm; retainment and restoration of natural qualities of

the foreshore; impact on the use of the waterway; public access to the foreshore; heritage

significance; sea level rise. These matters have been addressed to Council’s satisfaction.

Further, Clause 6.9(4) requires Council to consider to the extent to which the development facilitates

public access; reinforcement of the foreshore character and the management of sea level or change of

flooding patterns as a result of climate change. These matters have been considered in the

assessment of the application and the proposal is acceptable in this regard.

The proposed development is located within zone E4 Environmental Living zone. The objectives of

this zone are as follows:


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Zone E4 Environmental Living

To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

To ensure that residential development does not have an adverse effect on those values.

To allow for development that preserves and enhances the natural landscape setting of the locality.

To protect and restore trees, bushland and scenic values particularly along ridgelines and in other areas of high visual significance.

To ensure the character of the locality is not diminished by the cumulative impacts of development.

To minimise the risk to life, property and the environment by restricting the type or level and intensity of development on land that is subject to natural or man-made hazards.

To allow the subdivision of land only if the size of the resulting lots makes them capable of development that retains or restores natural features while allowing a sufficient area for development.

To share views between new and existing development and also from public space.

The proposed modification sits within the existing building footprint maintaining the relationship of the

building to the land and adjoining properties. The proposal has been sensitively designed to have the

least visual impact on the character of the foreshore. The modification is minor and will result in an

improved presentation when viewed the waterway. The natural features of the site within the

foreshore area are to be retained and the proposal will not impact on views from the public and private

domain.

It should be noted that a thorough assessment of Cl. 6.9 under the requirements of Cl.4.6 was carried

out under DA18/1384. Whilst a Cl.4.6 is not strictly required for a S4.55(2) modification, it was

considered prudent that the requirements of Cl.4.6 be followed in the assessment. In this regard, the

applicant has submitted a Cl.4.6 variation at the request of Council.

A full copy of this request is attached to Appendix B and the most relevant section is reproduced

below:

“The previous DA built area over the foreshore building line is 15m2 in comparison to the proposed Section 4.55 which is 13.8m2. The overall reduction in built area over the foreshore building line is 9%. (Refer to Fig. 1 and Fig. 2) The proposed residential dwelling has been carefully designed to minimised adverse amenity impacts on adjoining properties. Careful site responsive design has ensured that the technical non-compliance with the encroachment into the foreshore area doesn't give rise to significate amenity impacts for the immediate locality. ….the proposal will reduce the impact of the existing encroachment over the foreshore building line and improve the overall amenity of the adjoining properties. The design of the proposed residential dwellings is consistent with applicable planning controls contained SLEP 2015 and SDCP 2015 with the floor space ratio, building height, car parking and solar access.


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The scale of the development is kept in order with adjoining dwellings, whilst views and privacy will not be significantly impacted due to the surrounding context, orientation and topography of the land. There is no obvious benefit in strictly retaining the existing stair over the foreshore building line”.

The proposal seeks to create a more functional outdoor space and improve the amenity for the

occupants without significantly impacting the amenity of adjoining development or the environmentally

sensitive characteristics of the zone.

The applicant’s written submission demonstrates that compliance with the development standard is

unreasonable or unnecessary in the circumstances of the case and that the modification will result in

an improved outcome. It also demonstrates sufficient environmental planning grounds to justify

varying this development standard.

The proposed development is in the public interest as the proposal complies with the objectives for

both the foreshore area and the E4 Environmental Living zone.

The proposed variation does not raise any matters of State or regional environmental planning

significance. In addition there is no public benefit to maintain the development standard in the

circumstances of this case.

In conclusion the variation to the foreshore area development standard satisfies all relevant parts of

Clause 4.6 and therefore the variation can be supported.

8.2 Landscaped Area

The proposed development fails to comply with the development standard for landscaped area.

Clause 6.14 (6) of SSLEP 2015 stipulates a minimum landscaped area of 40% (275.68m2) for this site.

The modified development proposes a landscaped area of 18.7% (129.1m2) which is consistent with

the original approved development, however it fails to provide the minimum required by approximately

53.2% (146.58m2).

The objectives of the landscaped area development standard set out in Clause 6.14 of SSLEP 2015

are as follows:

(a) to ensure adequate opportunities exist for the retention or provision of vegetation that contributes to biodiversity and, in the case of trees, enhances the tree canopy of Sutherland Shire,

(b) to minimise urban run-off by maximising permeable areas on the sites of development,

(c) to ensure that the visual impact of development is minimised by appropriate landscaping and that the landscaping is maintained,

(d) to ensure that landscaping carried out in connection with development is sufficient to complement the scale of buildings, provide shade, screen parking areas and enhance workforce amenities.


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The development is consistent with the relevant landscape area objectives for the following reasons:

The modified proposal seeks to retain the existing landscaping which consists of shrubs,

gardens and hedges throughout the site, thereby maximising the opportunity for the retention of

vegetation that contributes to biodiversity.

The modification is constructed over an existing hardstand area with minimal impact on urban

run-off.

The existing landscaping throughout the site balances the built form and the scope of the works

within the building footprint ensures that the visual impact of the development is maintained

within the current landscape setting.

The proposed development is located within zone E4 Environmental Living. The objectives of this

zone are as follows:

Zone E4 Environmental Living

To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

To ensure that residential development does not have an adverse effect on those values.

To allow for development that preserves and enhances the natural landscape setting of the locality.

To protect and restore trees, bushland and scenic values particularly along ridgelines and in other areas of high visual significance.

To ensure the character of the locality is not diminished by the cumulative impacts of development.

To minimise the risk to life, property and the environment by restricting the type or level and intensity of development on land that is subject to natural or man-made hazards.

To allow the subdivision of land only if the size of the resulting lots makes them capable of development that retains or restores natural features while allowing a sufficient area for development.

To share views between new and existing development and also from public space.

The objectives of this zone are satisfied as the proposal is consistent with the character and setting of

the locality and do not result in any detrimental impacts to views, natural features or ecological

qualities of the immediate locality.

The proposed development is in the public interest as the proposal complies with the objectives for

both landscaped area and the E4 Environmental Living zone.

The proposed variation does not raise any matters of State or regional environmental planning

significance. In addition there is no public benefit to maintain the landscaped area development

standard in the circumstances of this case.


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A thorough assessment of landscaped area was carried out under the original approved development

whereby a 10m2 increase to deep soil planting onsite was achieved. In conclusion as the modification

does not further impact available onsite landscaped area the variation to the development standard

can be supported.

9.0 DEVELOPER CONTRIBUTIONS

Section 7.12 contributions were levied on the original DA18/1384. The proposed modification does

not significantly impact the costs of works and therefore the Section 7.12 contributions remain

unchanged.

10.0 DECLARATIONS OF AFFILIATION, GIFTS AND POLITICAL DONATIONS

Section 10.4 of the EP&A Act requires the declaration of donations/gifts in excess of $1000. In

addition Council’s development application form requires a general declaration of affiliation. In relation

to this development application a declaration has been made that there is no affiliation.

11.0 CONCLUSION

The subject land is located within Zone E4 Environmental Living pursuant to the provisions of SSLEP

2015. The proposed development, being alterations and additions to a dwelling house, is a

permissible land use within the zone with development consent.

In response to public exhibition, no submissions were received.

The proposal includes a variation to the development standards for foreshore area and landscaped

area under the Sutherland Shire Local Environmental Plan 2015. These variations have been

discussed and are considered acceptable as the proposal results in an improved outcome.

This application satisfies the requirement that the development to which the consent as modified

relates will remain substantially the same development as that originally granted consent.

The application has been assessed having regard to the Heads of Consideration under Section 4.15

of the EP&A Act, together with the provisions of SSLEP2015 and all relevant Council DCPs, Codes

and Policies. Following detailed assessment it is considered that the Modification Application 19/0315

can be supported.

The officer responsible for the preparation of this Report is the Manager, Development Assessment &

Certification (Simone Plummer), who can be contacted on 9710 0333 (Jennifer Cauberg).

File Number: MA19/0315


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ContentsReports from OfficersSSLPP016-20 DA19/0243 - Construction of a DwellingAppendices IncludedAppendix A Draft Conditions of Consent

SSLPP017-20 MA19/0315 - S4.55(2) modification to DA18/1384 - deletion of external stairs and extension of rear balconyAppendices IncludedAppendix A Draft Conditions of S96 Modified DA ConsentAppendix B Clause 4.6 Foreshore Building Line

Agenda of Sutherland Shire Local Planning Panel - 13 00 2020...2020/03/13 · Sutherland Shire...

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