Council Assessment Panel FROM: Assessment Manager … 4.01... · four visitor spaces located off a...

City of Char'es Sturt 52. CAP Report 1/08/18

TO: Council Assessment Panel

FROM: Assessment Manager

DATE: 1 August 2018

HENLEY WARD

4.01 411 ESPLANADE HENLEY BEACH SA 5022

Applicant Mr M L Fitch

Development Application No 252/0014/17

Proposal Demolition of the existing dwelling, tennis court, pool

and ancillary structures and construction of a three

storey detached dwelling with two levels underground

with associated garaging, tennis court, swimming

pools, landscaping, retaining walls and fencing

Owner of land Mr M L Fitch

Legal Description Lot 11 DP 67628 Vol 5946 Fol 631

Additional Properties No related Properties

Additional Legal Descriptions No related Land

Zone Residential

(Western Edge Policy Area 17)

Form of assessment Merit

Public notification category N/A - [RD Court compromise proposal

Author Rebecca Freeman - Development Officer (Senior

Planner)

Attachments Development Plan provisions table

[RD Court documents

Previous CAP minutes and report

Development Plan 5 May 2016

Recommendation ERD Court Compromise - supported with conditions

City of Charles Sturt 53. CAP Report 1/08/18

Report

Background

This application was considered by the Council Assessment Panel (CAP) at its meeting on 19

July 2017 at which time it was resolved to approve the application subject to conditions

(refer Item No. 3.43).

Three representors have since lodged an appeal in the Environment, Resources and

Development (ERD) Court against the Panels decision (ERD 17-179, 17-175, 17-181).

The appellants identified the following reasons for the appeal:

• Height, bulk, scale and setbacks;

• Height of retaining walls on boundaries;

• Obstruction of coastal views; and

• Incompatibility with the adjacent shared use path and public reserve within the

Coastal Open Space Zone.

The applicant has since submitted amended plans with Council that alter the landscaping

and some retaining wall heights. The applicant has made it clear that height and footprint

are not negotiable.

As part of the appeal the applicant has submitted a series of amended proposal plans as a

basis for the hearing. The appeal has been set for a hearing on 15 October 2018.

The changes incorporate:

Revised planting selections;

Slight reconfiguration of the northern portion of the eastern wall of the sub-

basement;

Previously approved plans Proposed amendments

..- -

Ii-


3. Slight reconfiguration of the northern portion of the eastern wall of the basement;


The incorporation of additional soft landscaping along the Seaview Road elevation at

ground level;

The eastern wall of the area enclosing the bins has been moved slightly to the west;


6. Revision to ground level fencing addressing Seaview Road at the southern end of the

site (from solid, horizontal timber board fencing to spaced vertical timber slats);

Previously ap p roved plans Proposed amendments

Ti ll

!JPI

tTLThHTPI IA

The word "showroom" has been deleted from the garage area on the Ground Floor

Plan (P05) and replaced with the word "garage".


Revision to the ground level podium balustrade around the north-western corner of

the property. The level of the wall/planter box along the northern boundary (i.e. the

wall adjacent the proposed dwelling) has been lowered to match deck level and the

spaced vertical timber slats are now continued along portion of the length of the

northern boundary;

Previously aoüroved plans Pr000sed amendments

___ -

• - I .j

JQ A77 _

Relocation of the tennis court wire mesh fencing adjacent Seaview Road so that it

now sits behind the landscape planting on the elevated deck level;

Previously approved plans Pr000sed amendments

10. The height of a portion of the northern boundary retaining wall has been amended

(portion of it is lower than previously approved);


------------

------------ ------------

Specification of the location of deep root pits for palm trees is now shown on the Sub-

Basement Plan (1303) and the Basement Plan (PO4);

Increase of the relative level for the "lower ground level" (see P05) from 7.800 to

7.850;

Increase of the relative level for the "lower first level" (see P06) from 11.900 to

11.950;

Increase of the relative level for the "second floor level" (see P07) from 15.300 to

15.350;

Various heights of the proposed development have now been specified on P9 - P11

(inclusive); and


16. Various RLs (relative levels) have now been specified.

The relevant ERD Court documents and amended plans are contained in Attachment B.

Proposal

The proposal includes demolition of the existing dwelling, tennis court, pool and ancillary

structures and construction of a three storey dwelling with two levels underground with

associated garaging, tennis court, swimming pools, landscaping, retaining walls and fencing.

The sub-basement includes a half basketball court, pool and toilet and change room.

The basement includes a services area, his and hers spa/hammam, gym, ponds, plunge pool,

beach shower, store, workshop, cellar and tasting room, dining/club lounge area, bar and

large entertaining area.

The ground floor includes direct vehicle access off Seaview Road with an eight car garage,

four visitor spaces located off a circular porte cochere, kitchen, guest suite, laundry, study,

lounge, dining area, outdoor terrace and pool up to the Esplanade property boundary.

The first floor includes a full tennis court located on the eastern side of the site (directly

above the garage and parking area), three bedrooms each with walk in robes and ensuites, a

central lounge area and balconies.

The second floor incorporates the master suite with large balcony facing the coast, dressing

room, ensuite, office/nursery and pool.

The total height of the dwelling will be unchanged at 12.8 metres with varying setbacks from

each of the boundaries. Setbacks and building height will be discussed later on in this report.

The dwelling is of a contemporary style and will be constructed with compressed fibre

cement sheets, with a mix of façade treatments including timber panelling, glass

balustrades, stone features and steel features.

Site/Locality

The site is made up of a regular shaped allotment with a total area of 1,443 square metres.

It has a street frontage of 31.08 metres to Seaview Road and an allotment depth of 47.42

metres. The site is the largest in the immediate locality with most allotments with detached

dwellings being in the order of 350 to 550 square metres in size.

The site is located between Seaview Road and the Esplanade coast park where there is no

vehicle access on the Esplanade side. The site currently contains a two storey dwelling, a

tennis court, associated outbuildings and a pool. The site slopes down towards the

Esplanade and currently has a three car garage located on the Seaview Road frontage.

There is a mix of housing types within the immediate locality including detached dwellings

(of one and two storeys) and residential flat buildings (of two to three storeys).


Site and Locality Plan

— r 423 ]

'áL 5ec530

t 1to:/421 1

s—iTør Ø11!41 It41LL

13 417X.

- 419 750 I "I.

• - 415 SO -L

(4 \ \ C 49G

413B - -

3A - —

494 3 ,413 1/41 7-- 41 1

411 492

Owl

-

--

-

ii 411

EpInadelow

- -

-

-

II LILL 407

4 fi

3.4 - '

7405

403

- - •J 2i44fl

-. •- •-r - - -

r 482 -

-• - - . • . -

403A

403

490

— 401

- I

: • . 478, ; .

O Subject Site shown in blue, Locality in red and Representors

properties identified by red dot


Built form and landscaping

There have been minor changes to the built form which overall do not significantly change

the previously approved built form. Changes have incorporated further setbacks from

Seaview Road, changes to external materials (fencing) and landscaping to soften the view as

seen from Seaview Road and the northern neighbouring property.

Overall these changes are all in keeping with the General Section, Design and Appearance

Principles of Development Control in the Development Plan and warrant support.

Retaining walls

The proposed amended plans will reduce in height a section of the northern boundary

retaining wall. The below image demonstrates by blue line the previously approved retaining

wall heights with the red line as the proposed retaining heights. There is no change in height

at the Seaview Road side however from the middle of the side to the west there is a

reduction in the retaining wall height. This reduction in retaining wall height is considered

appropriate and supported as there will be less visual impact to neighbours.

I ---------- -------

------------------- ----------------

1 IIlIIMl II II ll!I IIlllh lI I1IlDIl!IlIlIll

- - - - - - - - - - - - - - - - - - - - - -------------------------------------

Height

The applicant confirmed that the very minor changes (50mm only) to the Relative Levels

(RL's) for the lower ground floor, lower first level and second floor level have been made to

facilitate waterproofing detail. Due to the minor nature of the amendments this change has

been readily accommodated without any increase to the overall approved height of the

dwelling. The overall height of the dwelling remains the same as that assessed and approved

by the Development Assessment Panel. As there is no overall increase in height these

changes are considered to warrant support.


Conclusion This application has been assessed against the Charles Sturt Development Plan dated 5 May 2016. The proposed amended plans include minor amendments to the built form, additional landscaping and reduction of a portion of the northern boundary retaining wall. These amendments are deemed to be minor in nature and will not create any unreasonable off site impacts to neighbours. The amendments satisfy the relevant Objectives and Principles of Development Control of the relevant Development Plan and warrant support. Recommendation A. Reason for Decision The Panel has read and considered the report prepared by the Development Officer –

Senior Planner dated 1 August 2018 and agrees with the assessment outlined in that report.

B. That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not

seriously at variance with the relevant provisions of the Charles Sturt (City) Development Plan consolidated 5 May 2016.

C. That pursuant to Section 33 of the Development Act, 1993 the ERD Court be advised

that Council supports the amended plans associated with Development Application Number 252/0014/17 in relation to ERD Court appeals 17‐179 and 17‐175 for the purposes of the ERD Court hearing.

1. Develop in accordance with the approved plans

That the proposal shall be developed in accordance with the details and approved plans stamped by Council except where varied by the conditions herein and shall be completed prior to occupation of the proposed development.

Reason: To ensure the development proceeds in an orderly manner.

2. 1.5 metre high sill height

That all side upper storey windows and balconies shall have a minimum 1.5 metre high sill height or screening level above the finished floor level or have translucent glass/film to a minimum height of 1.5 metres (with the exception of Level 2 south and east facing balcony balustrading). The translucent glass/film windows shall be fixed or be provided with awning sashes that do not exceed an open distance of 125mm.

Reason: To minimise the impact on adjoining residents.


Note: With respect to this condition other forms of screening can be used as

long as it can be demonstrated to Council that such screening will

prevent overlooking. However, should you wish to -use an alternative

screening method you are required to lodge an application to vary the

above condition.

Tennis court screening

That the northern and southern elevations of the tennis court shall have a minimum

1.5 metre high fixed screen above the finished floor level to reduce direct overlooking

to neighbouring properties to the satisfaction of Council.




prevent overlooking. However, should you wish to use an alternative


above condition.

Screening from porte cochere

That the southern side of the porte cochere and visitor parking shall have a minimum

1.5 metre high fixed screen above the finished floor level set off the boundary a

minimum of 1.3 metres to reduce direct overlooking to neighbouring properties to the satisfaction of Council.




prevent overlooking. However, should you wish to use an alternative


above condition.

Acoustic protection

That the dwelling meets the minimum requirements for 'Sound Exposure Category 1'

within the Ministers Specification SA 78B 'Construction requirements for the control of

external sound'

Reason: To preserve and enhance the amenity of residents

Stormwater be directed away from neighbouring properties

All stormwater runoff shall be directed away from neighbouring properties.

Reason: To ensure stormwater is disposed of in a controlled manner.


Stormwater Condition

All stormwater from buildings and paved areas shall be disposed of in such a manner

that it does not result in the entry of water into a building or affect the stability of a

building.


Groundwater shall be tanked

Any groundwater impacted as part of the development shall be tanked within the site

and not discharged to Council's stormwater system.


Conditions imposed by the Department of Planning, Transport and Infrastructure.

I. The site shall be served by a single access point direct to/from Seaview Road.

This access shall be no more than 4.0 metres in width at the property boundary.

No additional vehicular access shall be permitted. The access point shall comply with Figure 3.3 'Minimum Sight Lines for

Pedestrian Safety' as defined in AS/NZ 2890.1:2004.

All vehicles shall enter and exit the site in a forward direction.

Stormwater run-off shall be collected on-site and discharged without

jeopardising the integrity and safety of Seaview Road. Any alterations to the

road drainage infrastructure required to facilitate this shall be at the applicant's

cost.

Notes

The approval for this development DOES NOT imply approval to alter, shift or remove

any existing public infrastructure, including street trees and/or landscaping or any

other street furniture or features. Approval to alter any of these must be obtained from Council or the relevant government department or service authority. All costs

associated with such alteration are the sole responsibility of the applicant.

2 You are advised that under the Fences Act you are legally required to give notice for

the removal of a fence on the common boundary. Please refer to the Fences Act for

the correct procedural requirements.

3 Before proceeding with this proposal, you are required to seek Building Rules Consent

pursuant to the provisions of the Development Act, 1993.

4 This application does not include approval for tennis court lighting. A separate

application will need to be lodged in the future if lighting is sought.


5 Development Approval must be received for this development within 12 months of

the date of this Development Plan Consent.

You will require a fresh Development Plan Consent and Development Approval before

Commencing or continuing the development if you are unable to satisfy these

requirements.

To ensure your development can now proceed without unnecessary delays

please ensure the matters outlined below are properly managed.

The following information outlines your obligations in relation to appropriately managing

noise, dust and works effecting adjoining land (both private and public).

Driveway Crossovers

• If you are relocating an existing driveway crossover you must remove and reinstate

the old crossover to match the existing kerb profile, footpath and verge. You will

require a permit to work on Council land to construct your new driveway crossover

which must be constructed to Council specification. Please contact Council on 8408

1111 or refer to our website <http://www.charlessturt.sa.gov.au/EngineeringPermits>

for Council standards.

Council Verges

• Please take every precaution necessary to avoid damage to the landscaping and

infrastructure present on Council verges, as you will be required to make good

damage to Council property.

Common boundary

• When removing fences that are on the common boundary with your neighbour you

must give your neighbour 28 days' notice in writing that you intend to remove the

dividing fence. Where the neighbour has a pool, particular care must be taken to

ensure the pool is not left exposed, if temporary fencing is installed the temporary

fence must comply with AS 1926.1 - Swimming pool safety. We recommend that you

consider the Fences and the Law booklet available on line and follow the processes

outlined in the booklet.

• Where it is intended to erect external walls on the boundary the face of the external

wall must be on the boundary. Further, barge boards, capping tiles or other fixtures

on the boundary wall must not encroach upon the land of the adjoining owner.

Existing fence lines may not be the true legal boundary. To avoid violation of

neighbour's rights, the onus of proof of the boundary line rests with the owner of the

land where the work is undertaken. This will necessitate a survey being carried out by

a licensed surveyor to identify the true location of the boundary and proposed footing

on the ground. You will need the neighbour's written approval to enter their land to

carry out any construction.


Neighbours

• Construction within an established neighbourhood can be a stressful time for existing residents. You are urged to take all necessary precautions to ensure adjoining

properties are not damaged or residents unreasonably impacted. In the interests of

good neighbourliness you may wish to consider providing your contact details to all

adjoining property owners inviting them to contact you should there be any concerns

during the construction process.

Dust

• Airborne dust and sand emissions potentially generated on site must be managed and

this can be achieved by wetting down the soil and site during the demolition and

construction process. If you have any concerns or questions in relation to dust you

can contact the EPA on 8204 2004.

Asbestos

• If there is asbestos material in or on the building or fencing to be demolished there

are specific requirements for the method of removal and disposal of asbestos. The

removal of asbestos over 10 square metres in area must be carried out by a licensed asbestos removal contractor in accordance with Safe Work SA requirements. For

further information in relation to this please contact Safe Work SA on 1300 365 255.

Use of Public Space

• Should any part of the development process require use of public land (ie, the

footpath, nature strip, road or other reserve), additional permits will be required.

• Examples of such activities include storage of materials, delivery ofmaterials from public land, placing of temporary fences on public land, blocking of the road, footpath

or nature strip for any period of time.

• Where works from public space impact vehicular or pedestrian traffic, you will be

requested to lodge a Traffic Management Plan that adheres to the requirements of

the relevant Australian Standards.

• Additional fees and charges may apply, please contact the Council's Community

Safety Team on 8408 1198 to discuss your project's needs.

Environment Protection Note

The Environment Protection (Water Quality) Policy 2003 requires any person who is

undertaking an activity, or is an occupier of land to take all reasonable and practicable

measures to avoid the discharge or deposit of waste from that activity or land into any

waters or onto land in a place from which it is likely to enter any waters (including the stormwater system).

The policy also creates offences that can result in on-the-spot fines or legal proceedings. The

following information is provided to assist you to comply with this legislation:

1. Building and construction should follow sediment control principles outlined in the

Stormwater Pollution Prevention - Code of Practice for the Building and Construction

Industry (EPA 1999). Specifically, the applicant should ensure:


During construction no sediment should leave the building and construction

site. Appropriate exclusion devices must be installed at entry points to

stormwater systems and waterways.

A stabilised entry/exit point should be constructed to minimise the tracking of sand, soil and clay off site. However, should tracking occur, regular clean-ups

are advised.

Litter from construction sites is an environmental concern. All efforts should be made

to keep all litter on site. The applicant should ensure that bins with securely fitted lids,

capable of receiving all waste from building and construction activities, are placed on

site.

All building and construction wastewaters are listed pollutants under the Environment Protection (Water Quality) Policy 2003 and as such must be contained on site.

It is important that you familiarise yourself with the terms of the Policy and ensure that all

contractors engaged by you are aware of the obligations arising under it.

For further information please contact the Environment Protection Authority on telephone

(08) 8204 2004.

Council Assessment Panel FROM: Assessment Manager … 4.01... · four visitor spaces located off a...

Documents

Transcript of Council Assessment Panel FROM: Assessment Manager … 4.01... · four visitor spaces located off a...