City of Ryde - Development Committee Agenda 06/06, 2 May 2006 · 2016-02-01 · CITY OF RYDE...

CITY OF RYDE DEVELOPMENT COMMITTEE

AGENDA NO. 6/06 The above Committee will meet on Tuesday, 2 May, 2006 in Committee Room No. 2, Fifth Floor, Civic Centre, Ryde at 4.00pm to discuss the following matters. Any matters not determined at the meeting will be considered by the Council at its meeting to be held on Tuesday 9 May, 2006. CONTENTS Item Property/Subject CONFIRMATION OF COMMITTEE REPORT ..................................................... 1 2 3 & 5-7 TERRY ROAD, WEST RYDE. PTL: 1 DP: 790613. Local

Development Application for Boundary Adjustment between 3 and 5 - 7 Terry Road, West Ryde LDA 1019/2005. Applicant: Craig &

Rhodes Pty Ltd. INSPECTION 4.20PM & INTERVIEW 5.15PM ....................... 2 3 96 CHATHAM ROAD, DENISTONE. LOT: 27 DP: 9166. Local

Development Application for demolition of dwelling. LDA 958/2005. Applicant: Murray Newham.

INSPECTION 4.35PM & INTERVIEW 5.20PM .................................................. 16 4 125 KENT ROAD, MARSFIELD. LOT: 5 DP: 39146. Section 96

Modification to raise ground floor (and therefore the entire building) by 510mm, garage windows repositioned, front windows relocated to garage, new steps added to rear deck and rear sliding door to replace with swing door & standard window. LDA 836.2/1999. Applicant: Mario Catalano & Alda Catalano.

INSPECTION 4.50PM & INTERVIEW 5.25PM .................................................. 35 5 14 RATCLIFFE STREET, RYDE. LOT: 42 DP: 35169. Local

Development Application for changes to side fences & driveway; removal of trees in rear yard; changes to stormwater design including an easement though 172 Buffalo Road and increase size of rear first floor deck. LDA 106.2/2005. Applicant: Sawaqed Investments Pty Ltd. INSPECTION 5.05PM & INTERVIEW 5.30PM ............. 49

CITY OF RYDE Development Committee Agenda No. 6/06 Page 1

ITEM 1 CONFIRMATION OF COMMITTEE REPORT RECOMMENDATION: That the report of the meeting of the Development Committee No. 5/06 held on 18 April 2006, be confirmed.


ITEM 2 3 & 5-7 TERRY ROAD, WEST RYDE. PTL: 1 DP: 790613. Local Development Application for Boundary Adjustment between 3 and 5 - 7 Terry Road, West Ryde LDA 1019/2005. Applicant: Craig & Rhodes Pty Ltd.

INSPECTION 4.20PM INTERVIEW 5.15PM

FILE NO. LDA05/1019 Manager Assessment Reports 12 April 2006 The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary This report considers an application for boundary adjustment between number 3 and number 5-7 Terry Road. Both the allotments have vehicular access from the Right of Way (amongst other lots in the street block). Despite having a physical access from the ROW, 3 Terry Road does not have legal rights over it. The right of way in favour of 3 Terry Road was extinguished under subsequent subdivision of the lot probably because it was not registered on DP 790613. This has led to problems of maintenance and liability issues over the use of the ROW. The objective of the current proposal is to formalise the existing access arrangement for 3 Terry Road, which has been in place since 1977. To achieve this the following is proposed:

• Part of the ROW that lies immediately adjacent to the rear of 3 Terry Road (SP12775, Lot A DP 341414) measuring 6.095 wide and 18.745 long would be transferred from 5-7 Terry Road (SP32933, Lot 1 DP 790613) to 3 Terry Road.

• Retain the “right of way” over the resultant lots. One submission was received. It is recommended that the application be approved. Reason for Referral to Development Committee: Nature of development and previously considered by Council (Public Facilities & Services Committee Agenda No. 13/03).


ITEM 2 (Continued) 2. Site (Refer to attached map.) Address : 3 & 5-7 Terry Road, West Ryde Site Area : 1474m2

Frontage 18.745 metres Depth 52.055 metres Topography and Vegetation : The site is generally flat with a few trees along its side. Existing Buildings : Two storey residential flat building Planning Controls Zoning : Right of Way is Unzoned 3 & 5-7 Terry Road is Residential C5 Other : Ryde Planning Scheme Ordinance Subdivision Code 3. Proposal Consent is sought to transfer part of number 5-7 Terry Road (rear section which is private Right of Way) into number 3 Terry Road so that 3 Terry Road gains legal rights over the ROW. 4. Background During the original survey of the land (1936) a 3.0m wide private ROW was created on DP 17869 to provide access from the rear, to all the lots in the street block (lots bounded by Terry Road, Forster Lane, Orchard Street & 3.0m wide ROW). Buildings were erected and physical access from the rear lane was created, including the access to garages and car parks on those lots. In the subsequent re-subdivision in 1988, the ROW was amalgamated into 5-7 Terry Road. The access rights of all other lots were retained via specific dealings (Dealing Nos. C850709, D341648, D349876 and D349875) registered on DP790613. However, in the process, no dealings were registered in relation to number 3 Terry Road. Effectively this extinguished its access rights over the ROW even though the physical access and use continues to date. A site inspection has confirmed that the condition of the private ROW has deteriorated badly. Council has been advised that the on-going maintenance of the private ROW has been a problem. The need for the consolidation has probably arisen due to problems of maintenance and liability for the owners of the Right of Way (5-7 Terry Road), which was drawn to Council’s attention in 2003. Copies of the reports (Public Facilities & Services Committee Agenda No. 13/03) are on file.


ITEM 2 (Continued) 5. Management Plan Linkages N/A. 6. Relationship to Key Outcome Areas Assets The City of Ryde is committed to continuing the delivery and maintenance, with community participation, of high quality and environmentally friendly infrastructure facilities throughout the City, which contribute to the lifestyle of the community. This matter has no direct relationship to this key outcome area. Environment The City of Ryde is committed to becoming an ecologically sustainable City through the professional management of our City’s natural and physical environment and the conservation of natural resources to ensure the health, diversity and productivity of the local environment is maintained or enhanced for the benefit of future generations. The assessment of this development application meets the following key outcomes for Environment (set out on pages 35-36 of the Management Plan 2005-2008): • Social and economic needs are met in a way that does not harm the

environment. The proposal will enable on-going maintenance of the Right of Way and provide a safe access for the residents within the area. Governance The City of Ryde is committed to ethical and effective decision making processes that ensure full transparency and involvement of its community in the governance of the City. The assessment of this development application meets the key outcomes for Governance (set out on pages 47-48 of the Management Plan 2005-2008): • Improved communication with the community and increased awareness and

understanding of council’s decisions by the community. The application was notified to the adjoining residents (including all the occupants of the units) to provide opportunity for public participation in the decision making process.


ITEM 2 (Continued) • Compliance with all legislative requirements and statutory obligations. • An efficient and effective regulatory environment. The adjoining residents were notified of the proposed development in accordance with Council’s requirements. Council’s business papers and decisions are also available to the public. People The City of Ryde is committed to becoming a socially sustainable City through effective community participation and the active application of social justice principles. A City in which its citizens work together to improve the quality of life and enhance community wellbeing through improved networks and services. The assessment of this development application meets the key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008): • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. • The arts, culture, economy, environment, housing, leisure and public health of

our community are positively and proactively influenced. The health and amenity of the community would be positively influenced by an improved access. 7. Consultation – Internal and External Internal Referrals Development Engineer, 23 January 2006: There are no engineering objections or conditions for this application. Senior Engineer Investigation, 28 February 2006: "It would appear that the purpose of this subdivision is to grant legal access for 3 Terry Road across the Right of Way at the rear of that property to Forster Lane. This has probably arisen due to problems of maintenance and liability for the owners of the Right of Way (5-7 Terry Road), which was drawn to Council’s attention in 2003. Copies of the reports are on file.


ITEM 2 (Continued) In summary, some of the properties backing onto this Right of Way have legal access to it and some do not. Agreement could not be reached in 2003 for contributions by all who use the Right of Way to repair the pavement so it was believed that owners were going to limit use to those with legal rights. One of the properties without legal rights was 3 Terry Road, despite having their car park access over the Right of Way. The current proposal would appear to be the process for legalising that access. It is noted in the Statement of Environmental Effects that the existing Right of Way over the strips of land to be transferred are to remain. This implies that all the property owners who previously had access over the Right of Way will continue to be able to access Forster Lane as well as Orchard Street. It is considered that this should be confirmed in any subdivision approval or written agreement obtained from each property owner to their loss of access to Forster Lane. The history of previous matters concerning this Right of Way can be found on File M0819-02. The objection from M J & A M Hoare does not appear to appreciate that the subject land is a private Right of Way, and not a public laneway. It is not known if they are one of the property owners who do not have legal access." Comments The existing access rights of the stakeholders are not adversely affected. The easement cannot be fenced off and therefore access to Forster Lane will not be affected as well without the agreement of all interest holders. See conditions 2 and 3 in the recommendation. External Referrals None required. 8. Submissions: The proposal was notified in accordance with the Development Control Plan for Notification. Notification of the proposal was from 11 January 2006 until 1 February 2006. During this period one (1) submission was received.


ITEM 2 (Continued) The following issues were raised in the submission.

i) We do not agree with this application, as it is not in the public interest. The

application may also prejudice and affect Council’s legal responsibility with regard to damage to property and/ or loss of human life.

Officer’s Comment

The proposal is in the public interest as it is aimed at resolving the current problem of maintenance and public liability associated with the use of the Right of Way. The condition of the road paving has deteriorated to such an extent that is really difficult to drive through towards Forster Lane without scraping. In 2003, the applicant had raised this issue with Council. The boundary adjustment would restore legal rights over the ROW for 3 Terry Road and hence they would be willing to contribute to the maintenance of the access way.

ii) It may result in long standing established access to the rear end of Forster Lane

not being available for use. Fire brigades, ambulance & police vehicles under these circumstances would not be able to gain access in an emergency. Further, property holders at 15/19 Terry Road should not be denied their established access from Orchard Street to the rear end of Forster Lane.

Officer’s Comment

It is not proposed to physically alter the existing ROW. Existing access provisions will still remain. The right of way registered over the part of the land to be transferred remains with the land and cannot be extinguished without the consent of those benefiting from it.

iii) Granting approval may raise complex legal issues.

Officer’s Comment

The Right of Way is part of Lot 1 DP790613, which is 5-7 Terry Road. The owners of the land have rights to develop and alter their land as long as they do not change the Right of Way. The Right of Way is registered on the deposited plan via dealings and cannot be changed without the consent of those who have legal rights over it.


ITEM 2 (Continued) 9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance

Zoning

ROW on 5 –7 Terry Rd: Unzoned (private access way) 3 Terry Road: Residential C5 5-7 Terry Road: Residential C5

Mandatory Requirements

Clause 41B(2) (a) of the Ryde Planning Scheme Ordinance states that each allotment (other than a hatchet-shaped allotment) proposed to be created by the subdivision should have: i. An area of not less than 580 square metres; ii. Frontage to a public road of not less than 10 metres and iii. A width of not less than 15 metres at a distance of 7.5 metres from the

alignment of the public road; and The numerical requirements of subdivision when compared with the proposal are summarised in the table below:

RPSO requirement PROPOSAL COMPLIANCE: Site Area: 580m2 (regular)

3 Terry Rd = 1089m2

5-7 Terry Rd = 1474m2

Yes Yes

Frontage: 10m

Unaffected

N/A N/A

Width of allotment 15m

Unaffected

N/A

The resultant lots will comply with the minimum site area, frontage to a public road and width requirement for a 2c5-zoned land under the Ryde Planning Scheme Ordinance.


ITEM 2 (Continued)

(b) Relevant State Environmental Planning Policies Not applicable. (c) Relevant Sydney Regional Environmental Plans Not applicable. (d) Any draft LEPs Not applicable. (e) Any DCP (e.g. dwelling house, villa) Subdivision Code The proposal complies with the numerical requirements of minimum site area, frontage to a public road and width of the allotment under Council’s Subdivision Code. The proposed minor boundary adjustment will not affect the composition and areas of the resultant allotments. 10. Likely impacts of the Development (a) Built Environment The proposed boundary adjustment will not alter the existing development on the site. No issues are raised. (b) Natural Environment The proposed development will have no significant impacts on the natural environment. 11. Suitability of the site for the development The site is not classified as a heritage item or subject to any natural constraints such as flooding or subsidence. In this regard, the proposal is considered to be suitable for the site in terms of the impact on both the existing natural and built environments.


ITEM 2 (Continued) 12. The Public Interest The proposal is in the public interest as the ROW is likely to be maintained and kept in good condition for the use of the residents. This will result in an improved amenity. 13. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. 14. CONCLUSION: The proposal complies with Council’s requirements under the Ryde Planning Scheme Ordinance. The proposal is supported for approval for the following reasons:

• It is not inconsistent with Council’s planning requirements. • It will formalise the existing access for 3 Terry Road that has existed from

the time of original subdivision. • The proposed boundary adjustment does not extinguish any of the existing

access rights over the land. • As it is a private Right of Way, the proposal will enable the owners of 3

Terry Road to make financial contribution for the maintenance of the ROW (since they will have legal interest over the ROW).

• The issues raised in the submission do not carry sufficient grounds to refuse this application.

RECOMMENDATION: (a) That Local Development Application No. 1019/2005 at 3 & 5-7 Terry Road, West

Ryde, being PTL: 1 DP: 790613 be approved subject to the following conditions;

1. The boundary adjustment is to be carried out in accordance with the Plans No. 245/05 and support information submitted to Council.

2. The applicant must acknowledge existing Right of Way and any easements

over the affected land on the final plan of subdivision. The existing access rights of stakeholders are not to be adversely affected.

3. The Right of Way must not be obstructed or fenced off at any time.

4. Film Plan of Subdivision. The submission of a Film Plan of Subdivision plus

4 copies suitable for endorsement by the General Manager pursuant to Section 327 of the Local Government Act.


ITEM 2 (Continued)

5. Appropriate fee is to be paid to Council for the Subdivision Certificate in accordance with the requirements of Council’s Management Plan (scheduled fees) prior to the release of the final plan of subdivision.

(b) That the persons who made submissions be advised of the decision. Liz Coad Sanju Reddy Manager Assessment Assessment Officer Environment & Planning Environment & Planning


ITEM 2 (Continued) Indicates submission received

COPYRIGHT

© 2006 City of Ryde.© 2006 Land and Property Information NSW.

ALL RIGHTS RESERVED

No part of this map may be reproduced without written permission.

City of Ryde

Development Application1019/2005

Civic Centre, 1 Devlin StreetRYDE NSW 2112

Locked Bag 2069NORTH RYDE NSW 1670

Tel: 9952 8222 Fax: 9952 8070

E-mail: [email protected]: www.ryde.nsw.gov.au

1

23

37

31A

2

33

27

29

127

31

2527

29

31

5

3

5

125

13

131

133

135

139

137

129

14

12

10

86

4

2927

31

21

15

119

46

4244

3840

4341

39

3533

34

117

121

121

3129

37

36

9395

97

30

26

FORST

ER S

T

ORCHARD ST

TE

FORSTER LN

RY

ED

ALE

RD

RY

ED

ALE

RD

RD

TERR

Y RD

WATTLE ST

FORSTER LN

SP 708

8

DP 375120

DP 575583

DP 785008

DP 342075

5

2

1

2

1

SP 9476

SP 4293

SP 7529

7DP 832633

DP 393480

DP 9350

DP 568832

DP 17869

DP 563214

DP 214049

DP 367067

2

4

X

1

3

2

1

PT1

1

1

3C

25

Y

52

23 21

22 1A20

22

21B

A

SP 32933SP 12775

SP 5841

SP 6

SP 4292SP 1698

SP 5765

SP 38525

SP 9185

SP 2649

SP 330

SP 38851

7

DP 10102DP 35329

DP 10102

DP 2085

DPDP 558957

DP 413534

DP 7

9061

3

DP

598

447

DP 33

5397

2

1

1412

11 3

10

9

11

1

XY

1 4

32

2

101

1

2

101

15

17

MSP

479

P

DP 7

2420

8

Scale: 1:1600 approx.

Date: 24/04/2006

Site of ROW


ITEM 2 (Continued)


ITEM 3 96 CHATHAM ROAD, DENISTONE. LOT: 27 DP: 9166. Local Development Application for demolition of dwelling. LDA 958/2005. Applicant: Murray Newham.


FILE NO. LDA05/958 Manager Assessment Reports 12 April 2006 The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary This report considers a proposal to demolish a dwelling within the proposed Denistone Character Area. Whilst there is no objection to the demolition by Council’s Heritage Advisors, there have been no plans lodged with Council for the erection of any new dwelling on the site, and given the character of the area, the new dwelling appearance is considered important. The application is recommended for approval, subject to conditions. Reason for Referral to Development Committee: Nature of the development. 2. Site (Refer to attached map.) Address : 96 Chatham Road, Denistone Site Area : 655.75m2. Frontage 15.24 metres Depth 43.028 metres Topography and Vegetation : A slope from the rear to the front of approximately 3.75m

and a slope from right to left of 1m. There are a few large trees on the site, most in the rear

yard. The two in the front setback closest to the house are to be removed as part of this application.

Existing Buildings : A single storey brick dwelling with a separate fibro

garage.


ITEM 3 (Continued) Planning Controls Zoning : Residential 'A' Other : DCP No. 17a – Dwelling Houses & Duplex Buildings DCP No. 27 – Waste Minimisation DCP No. 42 – Construction Activities 3. Proposal Demolition of single storey brick dwelling and fibro garage within the proposed Denistone Character Area. 4. Background The development application was lodged with Council on 5 December 2005. A letter was sent to the applicant after an initial Heritage Advisor referral (20/12/05) recommended refusal as the dwelling had been identified in the study of the Outlook Estate – Contiguous Areas Heritage Assessment & Character Study as a contributory building. It was also identified as a contributory building in a streetscape of contributory buildings. The Heritage Advisor advised that the demolition of the dwelling would have an adverse impact on the heritage significance of the proposed conservation area, as well as an adverse impact on the streetscape. The letter asked for a heritage impact statement. The owner/applicant replied stating that they would like the application assessed as is, without the submission of a heritage impact statement, as Council has approved demolition of a dwelling at 82 Chatham Road, the Outlook Estate – Contiguous Areas Heritage Assessment & Character Study ranked No. 96 Chatham and No. 82 Chatham identically, No. 82 Chatham Road's Development Application did not contain a heritage impact statement and the dwelling at No. 82 is a project home with ‘sandstock’ bricks and a concrete tiled roof, which the applicant states is contrary to the existing buildings in the Outlook Estate. Comment: Council has approved the erection of a two-storey dwelling at No. 82 Chatham. The materials that were noted on the plans for the dwelling are not the same as the materials approved. A condition was included in the consent that the materials had to be approved by Council in writing prior to the issue of a Construction Certificate, as required by Council's Heritage Advisor.


ITEM 3 (Continued) Council’s Heritage Advisor completed a second heritage referral (09/03/06) and the application was recommended for approval as the area is no longer being considered as a heritage conservation area, rather a character area with less restrictive controls. The application was progressed to development assessment. 5. Management Plan Linkages N/A. 6. Relationship to Key Outcome Areas Assets The City of Ryde is committed to continuing the delivery and maintenance, with community participation, of high quality and environmentally friendly infrastructure facilities throughout the City, which contribute to the lifestyle of the community. This matter has no direct relationship to this key outcome area. Environment The City of Ryde is committed to becoming an ecologically sustainable City through the professional management of our City’s natural and physical environment and the conservation of natural resources to ensure the health, diversity and productivity of the local environment is maintained or enhanced for the benefit of future generations. The assessment of this development application meets the following key outcomes for Environment (set out on pages 35-36 of the Management Plan 2005-2008): • Social and economic needs are met in a way that does not harm the

environment. • Sustainable practices in buildings, waste management, transport, energy

systems and water use through community commitment. • Energy and water consumption is minimised. • Landfill waste generation is minimised and the rate of recycling is increased. • Use of non-renewable resources is minimised. • Strong links to the past through protection and conservation of our heritage.


ITEM 3 (Continued) Comment: The development has been assessed using the heads of consideration listed in Section 79C of the Environmental Planning and Assessment Act 1979 which requires consideration of social and economic impacts, the natural and built environment. Whilst the application does involve the demolition of a house within the proposed Denistone Character Area, conditions have been included in the consent to require any new dwelling constructed on the site to take into consideration the streetscape and any requirements specific to the area, such as the draft controls for the proposed Denistone Character Area, being Part 5.4 of the Draft City of Ryde DCP 2006. Governance The City of Ryde is committed to ethical and effective decision making processes that ensure full transparency and involvement of its community in the governance of the City. The assessment of this development application meets the key outcomes for Governance (set out on pages 47-48 of the Management Plan 2005-2008): • Improved communication with the community and increased awareness and

understanding of council’s decisions by the community. • Compliance with all legislative requirements and statutory obligations. • An efficient and effective regulatory environment. Comment: The assessment of this DA has met these key outcomes through carrying out notification procedures as per Council’s Notification Development Control Plan No. 15B, and assessment of the DA under Section 79C of the Environmental Planning and Assessment Act 1979. People The City of Ryde is committed to becoming a socially sustainable City through effective community participation and the active application of social justice principles. A City in which its citizens work together to improve the quality of life and enhance community wellbeing through improved networks and services. The assessment of this development application meets the key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008):


ITEM 3 (Continued) • Members of the community are engaged through involvement in democratic

decision-making and the promotion of active citizenship. • The arts, culture, economy, environment, housing, leisure and public health of

our community are positively and proactively influenced. • The dignity, aspirations, and rights of residents are responded to. Comment: The assessment of this DA has met these key outcomes through carrying out notification procedures as per Council’s Notification Development Control Plan No. 15B, and assessment of the DA under Section 79C of the Environmental Planning and Assessment Act 1979. 7. Consultation – Internal and External Internal Referrals Heritage Advisor, 9 March 2006: A draft Development Control Plan has been prepared for the proposed Outlook Estate Contiguous Area. The area is not now recommended to be a heritage conservation area. The removal of the subject house because of its original elements, scale, materials, intactness, design style and streetscape contribution would be detrimental had the Outlook Estate Contiguous Area been recommended as a conservation area. The application can be considered for progression in relation to heritage impacts. The applicant should be informed of the draft Denistone Character Area Development Control Plan and that Council is not considering the subject property at this time as located with a potential heritage conservation area. External Referrals Nil. 8. Submissions: The proposal was notified in accordance with Development Control Plan No. 15B - Notification. Notification of the proposal was from 14 March 2006 until 28 March 2006. There were no submissions received.


ITEM 3 (Continued) 9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance

Zoning

Residential 'A'

Mandatory Requirements

Nil

(b) Relevant SEPPs

Nil (c) Relevant REPs

Nil (d) Any draft LEPs

Nil (e) Any DCP (e.g. dwelling house, villa) DCP NO. 17A – DWELLING HOUSES & DUPLEX BUILDINGS Whilst this DCP does not deal directly with demolition, the erection of any future dwelling on the site will need to comply with this D.C.P. Section 2.1 of the D.C.P. refers to streetscape and its aims are: • To ensure new development is sensitive to the landscape setting and

environmental conditions of the locality. • To ensure that the appearance of housing is of a high visual quality, enhances

the streetscape and complements good quality surrounding development. • To ensure that new development complements heritage items and their settings

in a contemporary context.


ITEM 3 (Continued) Whilst the area is no longer being considered for inclusion as a heritage conservation area, it is to become a character area, known as the Denistone Character Area. As a result condition 3 has been included in the recommendation to guide the applicant with the application for the construction of a dwelling house on the subject site. DCP NO. 27 – WASTE MINIMISATION The intent of the DCP, with regard to demolition is: to promote improved project management to maximise avoidance, reuse and recycling of materials and minimise disposal and waste generation to landfill. The intent may be achieved where: • Avoidance, reuse and recycling of material is maximised • Waste disposal is minimised • Evidence is provided that specified arrangements have been implemented. The applicant has lodged a waste management plan for the demolition phase. The application includes section 1 of the waste management plan completed and the following details on the plans:

- Location of on-site storage space or facilities for materials (for reuse) and

containers for recycling and disposal - Access to the site and within the site for collection vehicles. DCP NO. 42 – CONSTRUCTION ACTIVITIES The aims of this DCP are to: • Encourage consideration of Ecologically Sustainable Development and Site

Management when developing a site. • Ensure adequate controls are in place on or near a site to minimise the impact

of construction activities on adjoining properties provide requirements and advice to applicants in regard to site management.

• To improve water quality of creeks and receiving waters (Lane Cove River & Parramatta River)

• To ensure public health and safety is maintained


ITEM 3 (Continued) The applicant has lodged with Council a waste management plan and a demolition work plan. The work plan shows the order in which the house will be demolished, the location of any asbestos on the subject site, the location of the sediment controls and the location of the security fence. This plan, combined with the standard conditions of consent for the demolition of a building will ensure that the aims of the DCP are met. 10. Likely impacts of the Development (a) Built Environment The application is for the demolition of a single storey full brick dwelling, with a tiled roof and a rear clad frame extension with a lightweight roof. Also to be demolished is the fibro garage and the fibro shed. The house was identified in the study of the Outlook Estate – Contiguous Areas Heritage Assessment & Character Study as a contributory building. It was also identified as a contributory building in a streetscape of contributory buildings. Weir and Phillip Architects and Heritage Consultants were employed by Council in early 2003 to undertake the research into the Outlook Estate. In summary the Study defines the significance of the area as follows: “The Outlook Estate comprises a number of highly intact, harmonious streetscapes. There is a consistency of building form that is derived from the exclusive presence of detached housing predominantly face brick – and a general consistency of set back and lot size. Within an overall pattern of brick and tile houses, the charm of individual houses arises from the individualistic and subtle use of architectural details derived from the architectural styles of the period 1929 – 1969. The result is a collection of individualistic houses within streetscapes of high cohesiveness and aesthetic appeal.” The Outlook Estate is distinctive because of the relative intactness of its streetscape. The desired future neighbourhood character is to retain streetscape, which consists of consistent frontages, open planted gardens, low front fences and spatial rhythm between houses. The unobtrusive placements of garages and carports also creates a streetscape largely free of structures in front of the building line, further reinforcing the garden setting of each house.


ITEM 3 (Continued) Since that time Council has received advice from the Department of Planning that they do not support the area as a heritage conservation area. Instead the area will be designated as a “character area”. The area will have planning guidelines and controls that will be contained in a Development Control Plan. Council resolved this on 4 April 2006. The planning controls are to be incorporated into the consolidated City of Ryde Development Control Plan 2006 (identified as Part 5.4 of that document). These draft-planning controls are presently on exhibition until 19 May 2006. The draft controls were prepared after extensive community consultation. The aim of the draft controls is to - Provide detailed objectives and controls to protect and enhance the special

character of the area - Provide for future development that is compatible with the character of the area and

the immediate streetscape - Provide objectives and controls for relevant planning issues Whilst the planning controls are in draft form presently, they offer guidance to the applicant with regards to the preparation of the plans for the erection of a new dwelling on the subject site. A condition has been included in the recommendation that the erection of a new dwelling on the subject site must comply with the relevant controls at the time of the lodgement, whether this is complying with the streetscape requirements of DCP 17a or controls for the Denistone Character Area, if Council adopts them. (see condition 3) (b) Natural Environment There two (2) pine trees that are to be removed as part of this application. They are within three metres of the dwelling house and therefore can be removed without Council’s consent under a Notice of Intent application. There is no issue with them being removed as part of this application. 11. Suitability of the site for the development The property is zoned Residential 2(a) which allows for both demolition and the erection of a dwelling house to replace it.


ITEM 3 (Continued) Although the site is within the proposed Denistone Character Area, the contents of the draft planning controls currently on exhibition allow for the demolition of existing dwellings and in fill development to replace these dwellings. Care will need to be taken in the assessment of any application that is received for the erection of a new dwelling on the site, so that it complies with any relevant controls, whether that is the draft planning controls for the proposed Denistone Character Area, which is to be read in conjunction with Section 2.1 – Streetscape of the Dwelling House and Duplex Buildings D.C.P. No. 17a. 12. The Public Interest The application was notified to the neighbouring properties, with no objections raised. There has been extensive consultation with the community surrounding the proposed Denistone Character Area with regards to the progress of the potential heritage listing of the area and the creation of the draft planning controls. These draft-planning controls allow for the demolition of dwellings and the new infill dwellings to be constructed. 13. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. Other Options There were no other options considered. 14. CONCLUSION: This is one of the few applications that Council has received for demolition of a dwelling since the Council resolution regarding the Outlook Estate area. This is the first one that is in Council whilst there is are draft controls regarding infill dwellings, demolition and alteration and additions. One of the draft controls states that ‘an existing dwelling is not to be demolished unless a new dwelling is part of the same application.’ Whilst this is only a draft control, Council’s extensive community consultation and workshops with regard to the area suggest that the Community would like some sort of guidance when designing new houses or alterations and additions. Therefore conditions have been placed on the demolition consent with regard to the erection of the new dwelling on the subject site.


ITEM 3 (Continued) RECOMMENDATION: (a) That Local Development Application No. 958/2005 at 96 Chatham Road,

Denistone, being LOT: 27 DP: 9166 be approved subject to the following conditions;

1. Development is to be carried out in accordance with the Plan No. 14944 (Site

Survey Plan – dated 18/02/2005) & Demolition Work Plan (dated 1 December 2005) and support information submitted to Council with the application for approval being demolition of single storey brick dwelling, fibro garage and the removal of two pine trees located in the front yard.

2. Nothing in this consent approves the construction of a new dwelling on the

subject property. A separate development application shall be lodged with and approved by Council for the erection of a new dwelling.

3. The design for any dwelling to be located on subject site is to comply with the

relevant controls in place at the time of lodgement. Particular attention will need to be paid to: • Streetscape • The character of the proposed Denistone Character Area • The bulk and scale of the dwelling • Colours, external materials The development application for a new dwelling shall provide full details of these matters, including coloured elevations, samples of finishes/materials, etc.

BEFORE WORK COMMENCES Demolition Work: 4. If any changes are made to the waste management plan, a new waste

management plan must be submitted to and approved by Council. The new plan must include the types and estimated volumes of waste materials that will be generated; the proposed method of reuse, recycling or disposal; and the name and address of the recycling facility or landfill site if the waste is to be recycled or disposed of off site. Reuse and recycling must be maximised.


ITEM 3 (Continued) 5. Council is to be notified in writing before work commences - The applicant

must notify Council of the following particulars in writing at least seven (7) working days before demolition work commences: (a) the name, address, telephone contact details and licence number of the

person responsible for carrying out the work; and (b) the date the work is due to commence and the expected completion date.

6. Notification of neighbouring residents - At least seven (7) days before

demolition work commences the applicant must notify the occupiers of all neighbouring premises of the date the work is due to commence by placing a written notice in the letter box of each premises.

During Demolition 7. Site security - Security fencing must be provided around the perimeter of the

site, and other precautions taken, to prevent unauthorised entry to the site during the demolition period.

8. Hoardings - Where the site adjoins a public thoroughfare the common

boundary must be fenced with a hoarding, unless the horizontal distance between the boundary and the structure being demolished is more than twice the height of the structure. All hoardings must be constructed of solid materials and be at least 1.8 metres high.

9. Overhead protection - Where the site adjoins a public thoroughfare with a

footpath alongside the common boundary, the footpath must be provided with overhead protection in accordance with the requirements of Australian Standard AS 2601-1991 The Demolition of Structures, unless: (a) The vertical height of the structure being demolished is less than 4 metres

above the footpath; or (b) The horizontal distance between the boundary and the structure being

demolished is more than half the height of the structure. 10. Site signage - A rigid durable sign showing the demolition contractor’s name,

address and telephone contact details must be displayed in a prominent position on the site so that they can be easily read by anyone in any public road or other public place adjacent to the site.

11. Warning notices - Notices lettered in accordance with Australian Standard AS

1319-1994 Safety Signs for the Occupational Environment and displaying the words ‘DANGER! DEMOLITION WORK IN PROGRESS’ must be fixed to the security fencing/hoardings at appropriate intervals to warn the public.


ITEM 3 (Continued) 12. Additional warning notices in relation to asbestos - Where the work involves

the demolition or removal of asbestos products and materials, including asbestos-cement sheeting (i.e. fibro), notices lettered in accordance with Australian Standard AS 1319-1994 Safety Signs for the Occupational Environment and displaying the words ‘WARNING! ASBESTOS’ must be fixed to the security fencing/hoardings at appropriate intervals to warn the public.

13. Erosion and sediment controls - Appropriate erosion and sediment controls

must be installed before site works are commenced and be maintained at operational capacity until the site has been stabilised. These controls must include: (a) Diversion of upslope runoff around disturbed areas in such a manner that the

diverted water will not cause erosion and is diverted to a legal discharge point; and

(b) Sediment control fences or other measures on the downslope perimeter of disturbed areas to prevent sediment escaping from the site.

14. Toilet facilities - Toilets and hand washing facilities must be provided for

workers in accordance with the Code of Practice: Amenities for Construction Work (WorkCover, 1996). Where practicable, the toilets must be standard flushing toilets connected to the sewerage system.

15. Protection of underground services - Before work commences the location of

any underground services (e.g. gas, water, electricity, telecommunications cables, etc.) must be identified and appropriate measures taken to protect those services.

16. Demolition work - All demolition work must be carried out in accordance with

the requirements of Australian Standard AS 2601-1991 The Demolition of Structures.

17. Licenced contractor to carry out work - an appropriately licensed contractor

must carry out all demolition work. 18. Asbestos work - All work involving asbestos products and materials, including

asbestos-cement sheeting (i.e. fibro), must be carried out in accordance with the guidelines for asbestos work published by WorkCover New South Wales.

19. Dust control - Appropriate measures must be taken to control the generation of

dust during demolition work: (a) Any existing accumulations of dust (e.g. in ceiling voids and wall cavities)

must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter.


ITEM 3 (Continued)

(b) Any materials that are likely to generate dust during demolition or removal must be wetted down and any dust created must be suppressed by means of a fine water spray. Water used for dust suppression must not be allowed to enter the street or stormwater system.

(c) All stockpiles of materials that are likely to generate dust must be kept damp or covered.

(d) Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.

20. Hours of work - All demolition work must be restricted to between the hours of

7.00am and 7.00pm Mondays to Fridays and 8.00am and 4.00pm on Saturdays. No work is to be carried out on Sundays or public holidays.

21. Noise - Noise must be minimised by the selection of appropriate methods and

equipment and the use of screening or barriers where practical. 22. Noise monitoring - a qualified acoustical consultant must carry out Noise

monitoring if complaints are received, or if directed by Council, and any control measures recommended by the acoustical consultant must be implemented during the demolition work.

23. Protection of trees - Trees must not be removed, lopped or trimmed without

the prior written approval of Council and any trees to be retained must be protected from damage during demolition work.

24. Protection of buildings - Any buildings or parts of buildings to be retained on

the site and all adjacent buildings must be protected from damage during demolition work.

25. Excavation and backfilling - All excavation and backfilling associated with the

demolition work must be carried out in a safe manner. 26. Demolition wastes - All demolition wastes must be stored in an

environmentally acceptable manner and be removed from the site at such intervals as may be necessary to ensure that no nuisance or danger to health, safety or the environment is created.

27. Recyclable wastes - All wastes nominated for recycling or re-use in the

approved waste management plan must be segregated from other wastes and be transported to a place or facility where they will be recycled or re-used.


ITEM 3 (Continued) 28. Storage of asbestos wastes - All asbestos wastes must be segregated from

other wastes and stored in a secure area in accordance with the following requirements: (a) All asbestos fibre or dust waste must be sealed in heavy duty polythene

bags labelled ‘CAUTION ASBESTOS’ and stored in a leak-proof waste container, which is labelled ‘DANGER – ASBESTOS WASTE ONLY – AVOID CREATING DUST’ and sealed with a close-fitting cover to prevent any spillage or dispersal of the waste.

(b) All bonded asbestos waste (e.g. fibro) must be dampened with water and wrapped in heavy-duty plastic and sealed with tape to prevent any emission of dust.

29. Contaminated soil - All potentially contaminated soil excavated during

demolition work must be stockpiled in a secure area and be assessed and classified in accordance with the Environmental Guidelines: Assessment, Classification & Management of Liquid & Non-Liquid Wastes (EPA, 1999) before being transported from the site.

30. Demolition wastes not to be placed on public roads, etc. - Demolition

wastes must not be placed on public roads, footpaths or reserves, or be allowed to enter any street gutter, stormwater drain or waterway.

31. Burning of demolition waste - The burning of demolition waste is prohibited

under the Protection of the Environment (Control of Burning) Regulation 2000. 32. Transportation of wastes - All wastes must be transported in an

environmentally safe manner to a facility or place that can lawfully be used as a waste facility for those wastes. Copies of the disposal dockets must be kept by the applicant for at least 3 years and be submitted to Council on request.

33. Disposal of asbestos wastes - All asbestos wastes, including used asbestos-

cement sheeting (ie. fibro), must be disposed of at a landfill facility licensed by the New South Wales Environment Protection Authority to receive asbestos waste.

34. Surplus excavated material - All surplus excavated material must be disposed

of at a licensed landfill facility, unless Council approves an alternative disposal site.

35. Covering of loads - All vehicles transporting demolition materials from the site

must have their loads covered.


ITEM 3 (Continued) 36. Mud and debris from vehicles - All practicable measures must be taken to

ensure that vehicles leaving the site do not deposit mud or debris on the road. 37. Removal of mud and debris from roadway - Any mud or debris deposited on

the road must be cleaned up immediately in a manner that does not pollute waters (i.e. by sweeping or vacuuming).

Liz Coad Claire Stephens Manager Assessment Assessment Officer Environment & Planning Environment & Planning


ITEM 3 (Continued) No submissions received

COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde

Development Application958/2005



Tel: 9952 8222 Fax: 9952 8070


100

88

94

96

98

43

41

39

37

54

4558

56

6

24

22

20

18

47

49

5

3

116

14

106

102

104

9

108

10

12

8

6

75

31

2

46

48

50

52

35

39

75A75

77

79

85

83

81

8587

90

92

84

86

88

29

31

33

74

76

78

80

82

72

WITHINGTON PATHWAY

CHATHAM RD

PARK

BU

RM

A H R

D

BURM

AH R

D

BU RNETT WK

A VISTA AVE65

63

5 758

104

6459

31

62

60

103

01102

61

66

DP 9848

DP 601347

DP

9166D

P 663285

DP 9848

DP

34 5

122

80

2

1

A

77

3738

78

4951

54

3 5

33

5 556

32

36

B

24

50

7639

40

42

41

48

3 4

5 352

DP 339058

DP 13256

DP 13256

DP 864911

DP 336462

5 21 2

5211

51 951 8

2 8

235 20

51 7516

B

A

22

20

2 62 7

21

29

1

25

30

DDP 9166

DP 121884DP 663294

15

19

15

17

43

16

18

44


Date: 24/04/2006

Site


ITEM 3 (Continued)


ITEM 4 125 KENT ROAD, MARSFIELD. LOT: 5 DP: 39146. Section 96 Modification to raise ground floor (and therefore the entire building) by 510mm, garage windows repositioned, front windows relocated to garage, new steps added to rear deck and rear sliding door to replace with swing door & standard window. LDA 836.2/1999. Applicant: Mario Catalano & Alda Catalano.


FILE NO. LDA99/836 Manager Assessment Reports 21 April 2006 The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary This report considers a proposal to modify an existing consent for the erection of a 2-storey duplex building granted in October 1999. Council should be aware that these building works have already been carried out and retrospective approval is being sought. Building works on the site have stopped pending the determination of this application. Councillors should be aware that because some of these works have already been constructed, refusal of the application would require Council to decide whether to make the applicant demolish that part of the building that does not comply with the development consent. The applicant seeks Council’s consent to increase the level of the ground floor by 510mm above what was originally approved, and to make changes to windows at the front and rear of the building. Most of the changes are minor and will not have any significant impacts. The main concern with the proposal is the impact of the ground floor (and rear patio) being raised by 510mm. A submission objecting to the proposed modifications was received from an adjoining owner to the rear. Loss of privacy to their swimming pool area is cited as the main issue, due to the increased height of the building.


ITEM 4 (Continued) Both the applicant and objector were interviewed as part of the assessment of this application. The applicant has agreed to provide a lattice screen to the top of the new rear fence. In addition screen planting will be provided along the rear boundary to lessen any overlooking from the raised patio and kitchen windows. These measures are considered acceptable to overcome the loss of privacy to the neighbour's swimming pool area. The application is recommended for approval. Reason for Referral to Development Committee: Nature of development and submissions received. 2. Site (Refer to attached map.) Address : 125 Kent Road, Marsfield Site Area : 809.4m2

Frontage 11.7 metres Depth 52.5 metres Topography and Vegetation : The subject site falls from the north to the south. There is

no significant vegetation on the site. Existing Buildings : A two-storey duplex is currently under construction on

the site. The construction of the brickwork for the first floor was halted once the departure from the approved plans was identified.

Planning Controls Zoning : Residential 2(a) Other : Ryde Planning Scheme Ordinance DCP 17A – Dwelling House and Duplex Buildings 3. Proposal The proposed modification is described as follows:-


ITEM 4 (Continued) • Raising the ground floor by 510mm (0.51m) to RL 66.060m. The level of the

first floor is also raised by 510mm as a consequence. • Repositioning of garage windows at front of duplex. • Repositioning of front foyer window to garage. • Steps added to rear deck. • Replacement of double sliding door with single swing door and window. 4. Background The key dates for the processing of this application were:-

• 2 August 2004 – Council receives notice to commence building work from the applicant.

• 2 December 2005 – Council is made aware that the level of the floor slab may

not be in accordance with the DA approval. • 13 December 2005 – Surveyor’s Check Survey with levels for the ground floor

slab provided to Council. • 21 December 2005 - Applicant advised by the Manager – Environmental

Health & Building that a Section 96 application will be required in relation to the building works carried out contrary to the Council approval.

• 8 February 2006 - Section 96 Modification was lodged. • Notification of the application to the adjoining property owners was carried out

between 27 February and 13 March 2006. • 17 March 2006 - Site inspected with the applicant. • 29 March 2006 – Amended landscaping plan/details submitted. • 4 April 2006 - Objector interviewed on-site.

5. Management Plan Linkages N/A.


ITEM 4 (Continued) 6. Relationship to Key Outcome Areas Assets The City of Ryde is committed to continuing the delivery and maintenance, with community participation, of high quality and environmentally friendly infrastructure facilities throughout the City, which contribute to the lifestyle of the community. The assessment of this development application meets the following key outcomes for Assets (set out on page 27 of the Management Plan 2005-2008): • New buildings that are functional, attractive and designed to minimise their

impact on the environment.

The proposed new building is considered to be functional, attractive and satisfies Council’s energy performance requirements.

• Stormwater infrastructure that is well maintained and designed to enhance public

safety and amenity.

The proposed modification does not alter the approved drainage system that has been assessed by Council’s development engineers and will be built to appropriate engineering standards.

Environment The City of Ryde is committed to becoming an ecologically sustainable City through the professional management of our City’s natural and physical environment and the conservation of natural resources to ensure the health, diversity and productivity of the local environment is maintained or enhanced for the benefit of future generations. The assessment of this development application meets the following key outcomes for Environment (set out on pages 35-36 of the Management Plan 2005-2008): • Social and economic needs are met in a way that does not harm the

environment.

The proposed modification has been assessed with regard to Section 96(1A) of the Environmental Planning and Assessment Act 1979, which requires the evaluation of the environmental, social and economic impacts of the changes to the development.


ITEM 4 (Continued) Governance The City of Ryde is committed to ethical and effective decision making processes that ensure full transparency and involvement of its community in the governance of the City. The assessment of this development application meets the key outcomes for Governance (set out on pages 47-48 of the Management Plan 2005-2008): • Improved communication with the community and increased awareness and

understanding of council’s decisions by the community.

The application to modify the development was notified to adjoining residents in compliance with DCP15B – Notification of Development Applications. Submissions have been considered. In addition, Council’s business paper and decisions are available to the public.

• Compliance with all legislative requirements and statutory obligations.

The application to modify the development has been assessed under Section 96(1A) of the Environmental Planning and Assessment Act 1979, Ryde Planning Scheme Ordinance 1979, relevant State Planning Policies and relevant Council Development Control Plans and policies.

People The City of Ryde is committed to becoming a socially sustainable City through effective community participation and the active application of social justice principles. A City in which its citizens work together to improve the quality of life and enhance community wellbeing through improved networks and services. The assessment of this development application meets the key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008): • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. The application was notified to residents of the City of Ryde in compliance with

DCP15B – Notification of Development Applications. Submissions received have been addressed in this report.


ITEM 4 (Continued) • The dignity, aspirations, and rights of residents are responded to.

Consideration of the dignity, aspirations and rights of residents occurs as part of the assessment against Section 79C of the Environmental Planning and Assessment Act 1979.

7. Consultation – Internal and External Internal Referrals Building Surveyor: This application was referred to Council’s Building Surveyor. The following advice was provided; If the Section 96 Modification is approved, the applicant should be advised that an amended Construction Certificate will be required. External Referrals Nil. 8. Submissions: The proposal was notified in accordance with Development Control Plan for Notification. Notification of the proposal was from 27 February until 13 March 2006. One (1) submission was received. The main issue raised in the submission is reproduced below; 1. Concern is raised that the privacy of the nearby swimming pool area will be

affected as the rear windows and doors have been changed.

Comment: It is agreed that there may be some additional loss of visual privacy of the swimming pool area near the rear boundary fence due to the ground floor of the duplex being raised by 510mm. In order to reduce any such impact and to maintain the neighbour’s privacy, the applicant has submitted details of new fencing and landscape planting along the rear boundary. These include a new 1800mm fence with 450mm high lattice screen on top. Also there will be a landscaping strip of Christmas Bush (Syzygium Australe) in addition to the other courtyard landscaping to be provided. This is considered to be a satisfactory response to the privacy concerns raised by the neighbour.


ITEM 4 (Continued) 9. Policy Implications This application has considered the statutory requirements of Section 96(1A) of the Environmental Planning and Assessment Act 1979, which states: “A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if: (a) it is satisfied that the proposed modification is of minimal environmental impact,

and (b) it is satisfied that the development to which the consent as modified relates is

substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(c) it has notified the application in accordance with: the regulations, if the

regulations so require, or a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d) It has considered any submissions made concerning the proposed modification

within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Comment: The proposed modification, the subject of this application, is considered to be of minimal environmental impact and also be substantially the same as the development as originally approved. The proposed modifications were notified to adjoining residents in accordance with Council’s DCP 15B and 1 submission was received. Furthermore, Section 96(3) of the Environmental Planning and Assessment Act 1979, requires Council to consider any Section 79C matter that is relevant to the proposed modification. See below for a detailed assessment against these matters. The following assessment has considered all the Section 79C matters relevant to the proposed modifications.


ITEM 4 (Continued) Section 79C(1)(a) Provisions of Environmental Planning Instruments etc: Ryde Planning Scheme Ordinance Zoning The subject site is zoned 2(a) Residential under the provisions of the Ryde Planning Scheme Ordinance (“RPSO”). The duplex building is a permissible form of development in the Residential 2(a) zone. The modifications to the building proposed in this application will not have any effect the permissibility of the duplex building.

Mandatory Requirements There are no mandatory requirements that have not been considered elsewhere in this report.

Development Control Plan No 17A – Dwelling House and Duplex Buildings The provisions of Development Control Plan No 17A – Dwelling House and Duplex Buildings (“DCP 17A”) apply to this site and have been considered as part of the assessment of this application. The following table presents an overview of compliance with the relevant sections of the DCP:-

DCP 17A

DA Approval

Section 96

Compliance

Minimum Allotment Size (580m2)

810m2 810m2 Yes

Floor Space Ratio 0.5:1

0.46:1 0.46:1 Yes

Setbacks: Front: 7.5m Side: 900mm

10m

1200mm

10m

1200mm

Yes Yes


ITEM 4 (Continued)

DCP 17A

DA Approval

Section 96

Compliance

Height: 2 storey 7m ceiling 9m ridge

2 storeys

6.25m 8.5m

2 storeys

6.8m 9m

Yes Yes Yes

Site Coverage Within established building zone

Acceptable

No change

Yes

Parking 2 spaces per unit

4 spaces

4 spaces

Yes

Linear Separation As per DCP.

Acceptable

No change

Yes

Although the floor level has been raised by 510mm, the proposal still complies with the DCP height limit. This is because the height of the approved building was only 6.25m and raising the floor/ceiling level by 510mm does not exceed either the 7m height limit or the 9m overall height limitation. Section 79C(1)(b) Likely impacts of the Development Built Environment When the initial application was assessed, consideration was given to the issues of privacy and overshadowing of adjoining properties. In relation to overshadowing, the assessment report stated the location of the adjoining road reserve to the south of the site means that the proposal will not adversely impact on adjoining residential premises with regard to overshadowing. In relation to privacy, it was said that the location of the bedroom windows at the rear first floor would have little adverse effect on the privacy of neighbouring premises at the rear. The proposed modification, increasing the height of the ground floor by 510mm, is likely to result in greater potential for overlooking into the rear yard, and specifically the swimming pool area of the adjoining premises to the rear.


ITEM 4 (Continued) The main concern arises from the patio area and kitchen (which are both likely to be in frequent use during the day by the future residents). These areas will be significantly elevated above the natural ground level and will at or near the height of the existing fence. Accordingly, this proposal also involves the replacement of the existing boundary fencing and screen planting along the rear boundary. The replacement fencing will be 1800mm high and the will be a further 450mm of lattice screening attached to the top of the fence. It is considered that by incorporating new fencing and screen planting will reduce the potential for overlooking into the adjoining premises. Natural Environment When the initial application was assessed, it was noted that the proposal will necessitate the removal of an existing pine tree. No objection was raised to the removal of that tree. The proposed modifications will not result in any further impacts to the natural environment due to their minor nature. Section 79C(1)(c) Suitability of the site for the development Council is unaware of any site constraints that would render the site unsuitable for the proposed residential development. Section 79C(1)(e) The Public Interest Although these works have been carried out without consent, it is accepted that Council has the statutory authority to determine an application for building work that has already been constructed. The main issue resulting from this proposal is the privacy impacts on the neighbours to the rear. A satisfactory solution to this problem has been provided and it is recommended that the application be approved. 10. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. 11. CONCLUSION: This application has been assessed against the relevant matters for consideration in Section 96 of the Environmental Planning and Assessment Act 1979. The proposed modifications will generally be acceptable, provided the applicant installs new boundary fencing and screen planting along the rear boundary. Such screen planting should be provided in addition to the other landscaping that is required as part of the original consent.


ITEM 4 (Continued) On this basis, it is recommended that the application be determined by way of approval, subject to conditions of consent that address the above requirements. RECOMMENDATION: (a) That pursuant to Section 96(1)(a) of the Environmental Planning and Assessment

Act 1979, the application to modify LDA 836/99 at 125 Kent Road, Marsfield, be APPROVED as follows:

1. Condition 1 be deleted and replaced with the following condition:

“Development is to be carried out in accordance with Drawing Numbers 99018-1, 2, 3, and 4 prepared by Planspec as amended by Plans Numbered 99018-1(“B”), 99018-2(“B”), 99018-3(“B”) and 99018-4(“B”) and support information submitted to Council with the application for approval ”.

2. The following additional conditions be imposed:

40. “Landscaping of the development must be carried out in accordance with

the landscape details indicated on Plan Numbered 99018-4(“B”). Such landscaping is to be put in place prior to occupation of the development”.

41. “The applicant is required to replace existing fencing with new 1800mm

high fencing, including the installation of 450mm high lattice screen along the rear boundary as indicated on the Plan Numbered 99018-4(“B”)”.

(b) That the persons who made submissions be advised of Council’s decision. (c) That the applicant be advised to submit an application for a Building Certificate

under section 149 of the Environmental Planning & Assessment Act 1979 for the building works as constructed.

(d) That the applicant be advised to submit an application for a Construction

Certificate for the remaining works. The plans submitted for the new Construction Certificate must clearly indicate what works are the subject of the Construction Certificate. This can be achieved by colouring the new works on the plans.

Liz Coad Troy Loveday Manager Assessment Executive Planner


ITEM 4 (Continued) Indicates submission received

COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde

Development Application836.2/1999



Tel: 9952 8222 Fax: 9952 8070


6 5

117

7

109B

115115

126

116114

113

126

113

114116

126

121

123

119

13

126

131129

126126

46

44

42

67

65

126

40

61

73

71

125127

126126

48

8

7575

62

3

4

93

2

1

85

1A

3

64

1

87

89

91

66

50

3

19

17

15

13

11

9

9 7

5

52

56

58

601

2

4

HERRING R

HERRING R

D

HERRING R

D

KENT

WINSTON ST

LEONARD PL

CY ST

DP 2082

7363

3043

4

5

3

2

19

20

1

18

17

14

6

15 23

5

16

7

DP 1074271

DP 39146

9

DP 34283

DP 39146

DP 56

4096

DP 5522

49

1

211

11

10

9

45

32

1

22

1

2

3

31

2

1

6

21

7

SP 70616

SP 6

DP 581322

DP 56

0551

DP 243576

DP 231631DP 231631

DP 208273

DP 39048DP 862321

7

6

5

15

252

2

16

11

28 1

4

2

3

4

6

5

8

9

4

17

11

12

2

10

1

2

3

427

5

26


Date: 24/04/2006

Site


ITEM 4 (Continued)


ITEM 5 14 RATCLIFFE STREET, RYDE. LOT: 42 DP: 35169. Local Development Application for changes to side fences & driveway; removal of trees in rear yard; changes to stormwater design including an easement though 172 Buffalo Road and increase size of rear first floor deck. LDA 106.2/2005. Applicant: Sawaqed Investments Pty Ltd.


FILE NO. LDA05/106 Manager Assessment Reports 21 April 2006 The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary This report considers a proposal under the provision of Section 96(1A) of the Act to amend development consent number 106/2005, for the construction of a two-storey dwelling. The modifications include changes to side fences & driveway; removal of trees in rear yard; changes to stormwater design including an easement through 172 Buffalo Road, and increase size of rear first floor deck. The first floor deck was reduced in size during the assessment of the original application, via way of a deferred commencement, due to concerns over the privacy of the neighbouring properties. The modification is recommended for approval, with a modification to Condition No. 1 to reduce the size of the deck to that of the plans approved by Council on 2 March 2006. Council officers do not support the increase in the deck. Reason for Referral to Development Committee: Nature of the development. 2. Site (Refer to attached map.) Address : 14 Ratcliffe Street, Ryde Site Area : 707.7m2

Frontage 18.29 metres Depth 38.71 metres


ITEM 5 (Continued) Topography and Vegetation : Property slopes to the rear. There is a group of trees at

the rear; some are to be removed as part of this application.

Existing Buildings : Single storey dwelling and garage (to be demolished

under a separate application) Planning Controls Zoning : Residential 'A' Other : DCP 17A – Dwelling Houses & Duplex Buildings DCP 41 – Stormwater Management DCP 36 – Fencing 3. Proposal The proposal involves the modification of LDA No. 106/2005 issued on 2 March 2006 for a two-storey dwelling house. The current application seeks to modify the proposal in the following manner:

• Changes to side & rear fences • Changes to the driveway; • The removal of additional trees in rear yard; • Changes to stormwater design including an easement though 172 Buffalo

Road and • An increase size of rear first floor deck.

4. Background A Development Application for the construction of a two-storey dwelling was approved, with a deferred commencement condition requiring the width of the first floor deck to be reduced to 1.2m and to come off the bedroom only. Amended plans fulfilling this condition were lodged with Council and the DA was approved on 2 March 2006. The current application, to modify the approved plans, was lodged on the same day. 5. Management Plan Linkages N/A.


ITEM 5 (Continued) 6. Relationship to Key Outcome Areas Assets The City of Ryde is committed to continuing the delivery and maintenance, with community participation, of high quality and environmentally friendly infrastructure facilities throughout the City, which contribute to the lifestyle of the community. This matter has no direct relationship to this key outcome area. Environment The City of Ryde is committed to becoming an ecologically sustainable City through the professional management of our City’s natural and physical environment and the conservation of natural resources to ensure the health, diversity and productivity of the local environment is maintained or enhanced for the benefit of future generations. The assessment of this development application meets the following key outcomes for Environment (set out on pages 35-36 of the Management Plan 2005-2008): • Social and economic needs are met in a way that does not harm the

environment. • Sustainable practices in buildings, waste management, transport, energy

systems and water use through community commitment. • Energy and water consumption is minimised. • Landfill waste generation is minimised and the rate of recycling is increased. Comment: The development has been assessed using the heads of consideration listed in Section 79C of the Environmental Planning and Assessment Act 1979 which requires consideration of social and economic impacts, the natural and built environment. Also in accordance with State Environmental Planning Policy Building Sustainability Index: BASIX 2004, the dwelling complies with the requirements of water saving and energy saving. See Section 9. Governance The City of Ryde is committed to ethical and effective decision making processes that ensure full transparency and involvement of its community in the governance of the City.


ITEM 5 (Continued) The assessment of this development application meets the key outcomes for Governance (set out on pages 47-48 of the Management Plan 2005-2008): • Improved communication with the community and increased awareness and

understanding of council’s decisions by the community. • Compliance with all legislative requirements and statutory obligations. • An efficient and effective regulatory environment. Comment: The assessment of this DA has met these key outcomes through carrying out notification procedures as per Council’s Notification Development Control Plan No. 15B, and assessment of the DA under Section 79C of the Environmental Planning and Assessment Act 1979. People The City of Ryde is committed to becoming a socially sustainable City through effective community participation and the active application of social justice principles. A City in which its citizens work together to improve the quality of life and enhance community wellbeing through improved networks and services. The assessment of this development application meets the key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008): • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. • The arts, culture, economy, environment, housing, leisure and public health of

our community are positively and proactively influenced. • The dignity, aspirations, and rights of residents are responded to. Comment: The assessment of this DA has met these key outcomes through carrying out notification procedures as per Council’s Notification Development Control Plan No. 15B, and assessment of the DA under Section 79C of the Environmental Planning and Assessment Act 1979.


ITEM 5 (Continued) 7. Consultation – Internal and External Internal Referrals Development Engineer, 4 April 2006: The applicant has submitted amended Stormwater Drainage Plans indicating a portion of the roof area draining to an above ground 3000 litre rainwater tank with the overflow and remaining roof area draining to the underground onsite stormwater detention tank prior to discharging through the proposed drainage easement at the rear of 172 Buffalo Road out to the kerb and gutter. The runoff created by the driveway will also be collected via a grated drains and discharge to the OSD tank. This has been shown on the Stormwater Drainage Diagram Drawing No: 08/02/06 Sheet 1 of 1 prepared by B.K.Batshon on 15th March 2006. BASIX requires that 110 m2 of roof area drain to a 3000-litre rainwater tank, which has been designed and shown on the drainage plans submitted. The existing vehicle crossing is to remain and the driveway is to be relayed. The existing levels comply with AS 2890.1:2004 and Council’s Driveway Criteria. From an engineering perspective, there are no objections to the approval of this application. External Referrals Nil. 8. Submissions: The proposal was notified in accordance with the Development Control Plan for Notification No. 15B. Notification of the proposal was from 13 March 2006 until 27 March 2006. No submissions were received. 9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance

Zoning The subject site is zoned Residential 2(a) under the provisions of the Ryde Planning Scheme Ordinance. The proposed works are permissible with the consent of Council.


ITEM 5 (Continued)

Mandatory Requirements There are no mandatory requirements for this site or the proposal that have not been considered elsewhere in the report.

(b) Relevant SEPPs SEPP Building Sustainability Index: BASIX 2004 State Environmental Planning Policy (Building Sustainability Index BASIX) 2005 came into force on 1 July 2004. This Policy applies to new dwelling houses, duplexes, villas and residential flats within the Sydney Metropolitan area. BASIX is a web-based design tool that ensures each new residential dwelling design meets the NSW Government's targets of up to 40% reduction in water consumption and a 25% reduction in greenhouse gas emissions, compared with the average home. The proposed changes are in compliance with the requirements of BASIX Certificate No. 14336, issued 15 February 2005. Changes to the stormwater plans have retained the 3000L rainwater tank that is required by the certificate, and the amount of roof area that drains to the tank is also in compliance with the certificate. (c) Relevant REPs Nil. (d) Any draft LEPs Nil. (e) Any DCP (e.g. dwelling house, villa) DCP NO. 17A – DWELLING HOUSES AND DUPLEX BUILDINGS There are no changes to the dwelling’s streetscape appearance, bulk & scale and car parking arrangements as part of this modification to the approved plans. The dwelling still complies with the floor space ratio, height and setbacks as prescribed by the DCP. As with the original application, the plans show a large deck on the first floor, with access to bedroom and a habitable (living) room. Within the D.C.P., section 2.3 refers to privacy and its purpose is to ensure the siting and design of buildings meets the projected user requirements for visual and acoustic privacy and to protect the visual and acoustic privacy of adjoining residents in their dwellings and private open space.


ITEM 5 (Continued) Performance criteria of section 2.3 of the D.C.P. asks that direct overlooking of main internal living areas and private open spaces of other dwellings is minimised by: - Site and building layout; Location of windows and balconies Design of windows; Use of screening devices and landscaping.

With regards to this modification, it is the location (and size) of the balcony on the first floor that is the issue. Whilst in most cases, screening devices will alleviate some or all of the impacts of overlooking for neighbouring properties, the location of the subject site and the deck means that screening will only work for the two neighbouring properties at No. 172 Buffalo Road and No. 48 Clayton Street, whilst No. 170 & 168 Buffalo Road and No. 46 & 44 Clayton Street will still have an impact on their privacy within their private open space. The Land and Environment Court considered the issue of privacy and the use of landscaping to protect privacy, a method mentioned in the D.C.P. and a method mentioned by the applicant in the assessment of the original application. As part of the Court’s consideration of Super Studio v Waverley Council (in March 2004), Dr John Roseth, Senior Commissioner of the Land and Environment Court established the following “planning principle” with respect to the issue. “…Where proposed landscaping is the main safeguard against overlooking, it should be given minor weight. The effectiveness of landscaping as a privacy screen depends on continued maintenance, good climatic conditions and good luck. While it is theoretically possible for a council to compel an applicant to maintain landscaping to achieve the height and density proposed in an application, in practice this rarely happens.” As both methods of screening – a fixed screen or landscaping – will not alleviate the impact on the neighbouring properties' privacy, a reduction in the size of the deck to 1.2m wide and coming off the bedroom only, as originally approved, is recommended. DCP NO. 41 – STORMWATER MANAGEMENT The amended plans show a change in the method of stormwater disposal, from an above ground on-site detention basin to an on-site detention tank under the driveway that drains to an easement across No. 172 Buffalo Road and out to Buffalo Road.


ITEM 5 (Continued) In assessment of these amendments, Council’s Development Engineers have included nineteen (19) conditions regarding the stormwater. These are different to the ones that were placed on the original consent, due to the change in the type of system. Therefore it is necessary to delete conditions 40 to 51, and replace them with new conditions 40 to 54, that relate to on-site detention tanks and private allotment easements. DCP NO. 36 - FENCING The applicant proposes a 1200mm high front fence, similar in style to that approved as a front fence for the villa development at No. 48 Clayton Street. A 800mm high powder coated metal fence on a dwarf brick wall (400mm) is proposed on the front boundary. This complies with the D.C.P.’s requirements for front fences. The property is unique in that it is the only house on its street frontage that is rated to and faces onto Ratcliffe Street. Therefore the side fences double as rear fences for No. 172 Buffalo Road and No. 48 Clayton Street. This means that unlike ‘normal’ houses with a 1800mm side fence that tapers down to a 1000mm return fence to meet the front fence, this dwelling has 1800mm side fences the entire length of the side fence. The villa development that has been approved on the property at No. 48 Clayton Street has approval for a 1800mm lapped and capped timber paling rear fence. Due to the unique situation, it is acceptable for the subject property to have 1800mm side fences the entire length of the property, brick & paling for the side bordering No. 172 Buffalo Road and paling for the side bordering No. 48 Clayton Street. 10. Likely impacts of the Development (a) Built Environment • Changes to side fences & driveway; Comment: the fencing details are compliant with D.C.P. No. 36 – Fencing and the approved fencing details for the villa development at No. 48 Clayton Street. The existing vehicle crossing is to remain and the driveway is to be relayed. The existing levels comply with AS 2890.1:2004 and Council’s Driveway Criteria.


ITEM 5 (Continued) • Changes to stormwater design including an easement through 172 Buffalo

Road Comment: The proposal now intends to discharge the stormwater into Buffalo Road, through an easement through No. 172 Buffalo Road rather than providing an on site detention basin at the front of the property, then into Ratcliffe Street. This has been assessed by Council’s Drainage Engineer and is in accordance with the Stormwater Management DCP No. 41. • Increase size of rear first floor deck. Comment: a significant part of the assessment of the original application involved the reduction of the size of the first floor deck as a deferred commencement condition due to privacy impacts on the adjoining neighbours. There were two submissions received during the assessment of the original application that referred to privacy as a concern. The property is the only property with a street frontage to Ratcliffe Street on the eastern side of the street. The neighbouring properties face Buffalo Road and Clayton Street. There are six properties that the subject site backs onto – No. 172, 170 & 168 Buffalo Road & No. 48, 46 & 44 Clayton Street. Since the original application was determined, the owner of No. 14 Ratcliffe has purchased No. 172 Buffalo Road, in addition to already owning No. 48 Clayton Street.

The proposed upper floor contains a living area and balcony to the rear, which looks into the rear private open spaces of four adjoining neighbours. This potentially will cause an unacceptable privacy impact on these neighbouring properties. The plans show a 30m2 deck off a living room – ‘the retreat’ – and bedroom on the first floor. The deck will allow overlooking into potentially all of four of the neighbouring properties – two with pools. The applicant has stated in this application that the reason that he is asking for the increase in size of the first floor deck (back to the size it was before the deferred commencement condition was fulfilled) is that as he now owns the adjoining properties and therefore there are no privacy impacts. Whilst the applicant may own the two properties immediately adjacent to the subject property, these are not the only properties affected by overlooking from the deck and also these were not the two that had concerns during the assessment of the original application. As well, just because the applicant owns the adjoining properties does not mean that the impact is not still valid. For example, No. 48 Clayton Street has had an application for villas approved on it, and any new tenants or owners of the villas will still be impacted on whether the applicant owns the property or not.


ITEM 5 (Continued) With regard to the planning principle mentioned in section 9(e) and the overlooking that will occur if the deck is built as per these modified plans, it is recommended that the deck not be increased in size as part of this modification. The deck should remain at 1.2 metres deep coming off the bedroom on the first floor as per plans submitted to Council on 17 February 2006 and approved as part of the deferred commencement on 2 March 2006. (b) Natural Environment • Removal of trees in rear yard; Comment: there is one tree that was not marked on the original plans to be removed that has been included in this modification. The landscape architect’s referral for the assessment of the original application stated that the trees on the site were an unremarkable group of plants, and the replacement planting indicated on the landscape plan will adequately compensate for the loss. There is no issue with the removal of this tree. 11. Suitability of the site for the development The proposed changes to the fences, driveway, trees to be removed and stormwater disposal method for the two-storey dwelling as discussed above are considered to be minor and will be in keeping with the character of the area. 12. The Public Interest Whilst the development is permissible within the zoning, the impact on the privacy of the neighbouring properties from the increase in the size of the deck is not acceptable. Overall, it is considered that approval of the development, with a larger deck would not be in the public interest. The deck should be built to the size of the approved plans. 13. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. Other Options • Addition of privacy screening to either side of the deck - this option was not

considered appropriate, as the screens would only block overlooking to the two neighbouring properties, whilst the rear properties would still have privacy impacts.


ITEM 5 (Continued) 14. CONCLUSION: The Section 96 modifications comply with majority of the provisions of Council’s Development Control Plan For Dwelling Houses and Duplex Buildings and the provisions of the Building Code of Australia, 1996. The changes to the fences, driveway and trees to be removed in conjunction with the construction of a two-storey dwelling are considered to be minor and will be in keeping with the character of the surrounding properties. Council’s Development Engineer has agreed to the stormwater disposal changes. However a change to the size of the first deck at the rear is considered unacceptable. The increase in size of the deck on the first floor, accessible to a habitable (living) room will have an adverse impact on the neighbouring properties. The recommendation is to have the deck size reduced to the size that was approved by Council 2 March 2006. RECOMMENDATION: (a) That the application for modification of Local Development Application No.

106/2005 at 14 Ratcliffe Street, Ryde, being LOT: 42 DP: 35169 be approved and modified as follows:

Condition 1 modified as follows: 1. Development is to be carried out in accordance with the Plans No. 3140-D01

and 3140-D02 drawn by Peter Hall Architects and support information submitted to Council, except the depth of the first floor deck off the bedroom is to be reduced to 1.2m. Plans No. 3140-D01 and 3140-D02 are to be amended, showing this change and are to be submitted to Council for approval.

General Engineering Conditions modified as follows:

40. Road Opening Permit. The applicant shall apply for a road-opening permit

where a new pipeline is proposed to be constructed within or across the footpath. Additional road opening permits and fees may be necessary where there are connections to public utility services (e.g. telephone, electricity, sewer, water or gas) are required within the road reserve. No drainage work shall be carried out on the footpath without this permit being paid and a copy kept on the site.


ITEM 5 (Continued)

Engineering Conditions to be complied with Prior To Construction Certificate modified as follows:

41. Drainage Security Deposit. The applicant shall lodge with Council a security

deposit of $1,000 prior to the issue of the Construction Certificate to ensure the Positive Covenant has been prepared, lodged and registered and that the onsite stormwater detention system is constructed in accordance with the approval plans; this includes the correct sediment sump construction and fitting of the orifice plate and debris screen in the outlet control pit. Refund of this security deposit will be made on satisfactory completion of the works and notification to Council of lodgement of the Positive Covenant with the Department of Lands.

42. Driveway Grades. The maximum grade of all internal driveways and vehicular

ramps shall be 1 in 4 and in accordance with the relevant section of AS 2890.1. The maximum change of grade permitted is 1 in 8 (12.5%) for summit grade changes and 1 in 6.7 (15%) for sag grade changes. Any transition grades shall have a minimum length of 2.0m. The driveway design is to incorporate Council’s issued footpath and gutter crossing levels where they are required as a condition of consent. A driveway plan, longitudinal section from the centreline of the public road to the garage floor, and any necessary cross-sections clearly demonstrating that the driveway complies with the above details, and that vehicles may safely manoeuvre within the site without scraping.

43. Interallotment Drainage Construction Fees. A fee of $638 shall be paid to

Council for Drainage Construction Plan Assessment and Site inspection fees in accordance with Councils schedule of fees and charges.

44. Drainage Plans. The plans and supporting calculations of the proposed

drainage system, including the on-site detention system and details addressing any overland flow from upslope properties are to be submitted with the Construction Certificate application.

A positive covenant shall be executed and registered against the title of any lot containing an on site detention system to require maintenance of the system in accordance with Council's standard terms. Any drainage pit within a road reserve, a Council easement, or that may be placed under Councils’ control in the future, shall be constructed of caste in-situ concrete. Details shall be submitted with the Construction Certificate application.


ITEM 5 (Continued) 45. On-Site Stormwater Detention. Stormwater runoff from all impervious areas

shall be collected and piped by gravity flow to a suitable on-site detention system in accordance with Ryde City Council’s Stormwater Management Development Control Plan “DCP 41”. The minimum capacity of the piped drainage system shall be equivalent to the collected runoff from a 20 year average recurrence interval storm event. Overland flow paths are to be provided to convey runoff when the capacity of the piped drainage system is exceeded up to the 100-year average recurrence interval and direct this to the on-site detention system. Runoff, which enters the site from upstream properties, should not be redirected in a manner, which adversely affects adjoining properties.

The system is to be cleaned regularly and maintained to the satisfaction of Ryde City Council.

46. Water Tank First Flush. A first flush mechanism is to be designed and

constructed with the water tank system. Details of the first flush system are to e submitted with the construction certificate application.

47. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan

(ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by the Department of Housing. These devices shall be maintained during the construction works and replaced where considered necessary.

The following details are to be included in drawings accompanying the Erosion

and Sediment Control Plan (a) Existing and final contours (b) The location of all earthworks, including roads, areas of cut and fill (c) Location of all impervious areas (d) Location and design criteria of erosion and sediment control

structures, (e) Location and description of existing vegetation (f) Site access point/s and means of limiting material leaving the site (g) Location of proposed vegetated buffer strips (h) Location of critical areas (drainage lines, water bodies and unstable slopes) (i) Location of stockpiles (j) Means of diversion of uncontaminated upper catchment around disturbed

areas (k) Procedures for maintenance of erosion and sediment controls (l) Details for any staging of works (m) Details and procedures for dust control.


ITEM 5 (Continued)

48. Private Drainage Easements. An easement to drain stormwater water shall be created over all pipelines, which may be constructed within adjoining private properties to enable collected stormwater runoff from the site to be piped to Council's drainage system by gravity flow. Such easements must be lodged for registration with the Department of Lands prior to the release of the Construction Certificate and documentary evidence of the registration of the easement submitted to Council prior to the issue of the Occupation Certificate.

In conjunction with the above documentation a drainage design by a qualified Civil Engineer is to be submitted with the Construction Certificate application showing the pipe and easement position and sizing and any other relevant detail, in accordance with Council's Stormwater Management Development Control Plan “DCP 41”. The legal documentation is to reference the drainage design submitted with the Construction Certificate application.

Engineering Conditions to be complied with Prior to Commencement of Construction modified as follows:

49. Compliance Certificate. A Compliance Certificate must be obtained

confirming that the constructed erosion and sediment control measures comply with the construction plan and Ryde City Council’s Development Control Plan for Construction Activities “DCP 42”

50. Sediment and Erosion Control. The applicant shall install appropriate

sediment control devices in accordance with an approved plan prior to any earthworks being carried out on the site. These devices shall be maintained during the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. This condition is imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site.

Engineering Conditions to be complied with Prior to Occupation Certificate modified as follows:

51. Compliance Certificates – Engineering. Compliance Certificates must be

obtained for the following (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council) and submitted to the PCA: • Confirming that the driveway is constructed in accordance with the

construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.


ITEM 5 (Continued)

• Confirming that the constructed interallotment drainage system complies with the construction plan requirements and Ryde City Council's Stormwater Management Development Control Plan “DCP 41"

• Confirming that the site drainage system (including the on-site detention storage system) servicing the development complies with the construction plan requirements and Ryde City Council's Stormwater Management Development Control Plan “DCP 41"

• Confirming that the site drainage system servicing the development complies with the construction plan requirements and Ryde City Council's Stormwater Management Development Control Plan “DCP 41

• Confirming that the on-site detention system will function hydraulically in accordance with the approved design.

• Confirming that after completion of all construction work and landscaping, all areas adjacent the site, the site drainage system (including the on-site detention system), and the trunk drainage system immediately downstream of the subject site (next pit), have been cleaned of all sand, silt, old formwork, and other debris.

52. On-Site Stormwater Detention System - Marker Plate. Each on-site

detention system basin shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Council’s Stormwater Management DCP. An approved plate may be purchased from Council's Customer Service Centre on presentation of a completed City of Ryde OSD certification form.

53. Positive Covenant, OSD. The creation of a Positive Covenant under Section

88 of the Conveyancing Act 1919, burdening the property with the requirement to maintain the stormwater detention system on the property. The terms of the instruments are to be generally in accordance with the Council's draft terms of Section 88E instrument for Maintenance of Stormwater Detention Systems and to the satisfaction of Council.

54. Drainage Construction. The stormwater drainage on the site is to be

constructed in accordance with the Stormwater Drainage Diagram Drawing No: 08/02/06 Sheet 1 of 1 prepared by B.K.Batshon on 15th March 2006.

Liz Coad Claire Stephens Manager Assessment Assessment Officer Environment & Planning Environment & Planning


ITEM 5 (Continued) No submissions received

COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde

Development Application106.2/2005



Tel: 9952 8222 Fax: 9952 8070


177

88

169

171

1

167

17811180

182

184

186

17

19

24

1517

19 21

1210

8

6

13

32B

15

29

165

163

161

3

153

7

1A

3

3

8

6

4

2

5

4

1 11

9

4

2

3

48

27

2523

3032

174

176

14

46

156

158

160162

164

149

579

1113

1517

166

168

34

36

38

13A

4244

172

139

141143

145

147

151

40

170BUFFALO RD

RATCLIFFE ST

RATC

LIFFE

ST

AITCH

ANDAR

RD

CHATFIELD ST

CLAYTON ST

REDSHAW ST

D

17

B

4

18

5

19

DP 35169

DP 181

87

P 18187

DP 36639

DP 181

87

31A30A

59

A

69

6

53

52

54

51

61

67

70

68

8

62

60

8

SP 44566

SP 6160

1DP 88

53

DP 853271

DP 3558

1

DP 35992DP

DP

15

51

16

17

14

11

39

40

50

341

40

23

36

1

25

21

38

33

55

66

49

20

24

41

342

2

4110

3

65

10

35

9

37

22

54

38

13

53

48

52

18

12

42

47

DP 35169

DP 2DP 10 10 209

DP 25962

P 25962

34

21

30

35

37

33

3664

19

2324 25 26

63

32


Date: 24/04/2006

Site


ITEM 5 (Continued)

City of Ryde - Development Committee Agenda 06/06, 2 May 2006 · 2016-02-01 · CITY OF RYDE...

Documents

Transcript of City of Ryde - Development Committee Agenda 06/06, 2 May 2006 · 2016-02-01 · CITY OF RYDE...