STATEMENT OF ENVIRONMENTAL EFFETS · 2018-07-31 · statement of environmental effets construction...

STATEMENT OF ENVIRONMENTAL EFFECTS

CONSTRUCTION OF SIX RESIDENTIAL FLAT BUILDINGS COMPRISING 270 UNITS (17 X STUDIO, 47 X 1 BEDROOM, 185 X 2 BEDROOM AND

21 X 3 BEDROOM) 379 CAR PARKING SPACES, LANDSCAPING & STORMWATER INFRASTRUCTURE

LOT 16B IN DP 31797 PELICAN ROAD, SCHOFIELDS

UNIVERSAL PROPERTY GROUP

trading as Bathla Group

ABN 98 078 297 748 PO Box 270 Wentworthville NSW 2145 P 02 9636 2465 F 02 9688 4762 [email protected]

mailto:[email protected]

THE BATHLA GROUP 137 GILBA ROAD, GIRRAWEEN NSW 2145 P 02 9636 2465 · F 02 9688 4762

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Prepared and published by:

Universal Property Group Pty Ltd

PO Box 270

Wentworthville NSW 2145

ABN 98 078 297 748

COPYRIGHT

All rights reserved

© Universal Property Group Pty Ltd

This document is copyrighted and may

only be used by Council for purposes

associated with the subject Development

Application (DA) to which it relates to for

the express purposes of the project,

subject of the Statement of

Environmental Effects, and may not be

otherwise copied, reproduced,

distributed or used without the written

permission of the authorised

authors/publishers.

DISCLAIMER

While every reasonable effort has been

made to ensure that this document is

correct at the time of printing, it relies of

information / documentation provided

by others and therefore the authors /

publishers disclaim any and all liability

done or the consequence of anything

done or omitted to be done in reliance

upon the whole or any part of this

document.

Printed June 2018


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Table of Contents 1 Introduction & Background 4. 2 Zoning 7. 3 Minimum allotment sizes for residential development 7. 4 Residential density 7.

. 5 Height of Buildings (Exceptions to development standards (Clause 4.6(3)) 7. 6 Floor Space Ratio 7. Appendices Appendix A: Statement of Environmental Effects – Development Proposal 7. Appendix B: SEPP 65 Assessment & Evaluation 11. Appendix C: Clause 4.6 Modification Submission - Building Height 25. Tables Table 1: Comparison of Unit Mix (DA – 14-1907) and the Proposed DA 4. Table 2: Comparison of Proposed Plans- V – Approved Plan 5. Table 3: Compliance Analysis against the Provisions of the Growth Centres SEPP & DCP 9. Table 4: Development Statistics 14.


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1. Introduction & Background Universal Property Group Pty Limited is seeking to amend the existing consent (DA-14-1907). Due to the cumulative effect of the changes the proposed development is unable to be treated as a S4.55 (2) modification request. Accordingly, UPG has taken the extraordinary steps of preparing a new development application for the site. The Statement of Environmental Effects is supported by new specialist sub consultant report. The emphasis of this submission however is the comparison of the proposal against the approved development on the subject site.

DA-14-1907 determination was issued by the Joint Regional Planning Panel on 26th May 2015 as follows:-

The proposal amends the existing approved plans to rationalise the design and to increase the number of apartments 216 to 270 within a marginally reduced Gross Floor Area. The change in the number of units is achieved by the remixing of the units from a heavily weighted number of 3 bedroom units to a primarily 2 bedroom dominated development. This is reflected in the revised table below:- Table 1 – Comparison of Unit Mix (DA – 14-1907) and the Proposed DA (PDA)

Block

Studio 1 Bed 2 Bed 3bed Total

DA (PDA) DA (PDA) DA (PDA) DA (PDA) DA (PDA)

Block A 0 0 4 6 22 39 20 5 46 50

Block B 0 2 2 12 10 19 17 8 29 41

Block C 0 3 11 14 5 33 23 0 39 50

Block D 0 6 3 1 20 23 21 4 44 34

Block E 0 5 0 7 15 39 9 4 24 55

Block F 0 2 6 7 10 31 18 0 34 40

Total 0 18 26 47 82 184 108 21 216 270


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Table 2 - Comparison of Proposed Plans- v – Approved Plan

Control/Standard DA Approved Plan Proposal Variance/comment

Site Area 13,695m2 Nett area excluding road widening – 13,944m2

Site Coverage

5519m2 or 40.3%

4940m2 or 36.1% Site coverage reduced by 579m2 – an additional 4.2% of the total site is not built upon. Increased landscaped area

Landscape Area 4560m2 or 33.0% 6144m2 or 44.9% Increase in landscaped area by 912m2 or 7% of the site. Further increase in landscaping

Deep Soil Area 2050m2 or 15% 2302m2 or 16.8% Deep soil planting area has been consolidated and rationalised providing more effective areas. Overall the Deep soil has increased from 15% to 16.6% - increase of approximately 11% in the quantum of deep soil area.

Gross Floor Area 24,389m2

FSR 1.75:1 23,503m2

FSR 1.69:1

Nett reduction in floor area of 696m2 – 2.8% reduction in overall GFA – bulk of building

Communal Open Space 3095m2 or 22%

Includes largely rooftop COS

4243m2 or 31%

COS at ground level

Nett increase in communal open space area of 1148m2 – 37% increase in overall COS – reduced bulk and footprint of the buildings.

Number of Units 216

Studios – Nil 1 Bed – 26 2 Bed – 82

3 Bed – 108

270

Studios – 17 1 Bed – 47

2 Bed – 185 3 Bed – 21

The increase in Unit numbers has been achieved by re mixing the development to a higher proportion of 2 bedroom units although overall there is a reduction in gross floor area.

Car Parking

320 (314 required)

Studios – Nil 1 Bed – 26 2 Bed – 82 3 Bed -162

Visitors – 44

379 (379 required)

Studios – 17 1 Bed – 47

2 Bed – 219 3 Bed – 42

Visitors – 54

Car parking has been provided in both schemes at the prevailing rate within the DCP. The car parking in the amending DA has proportionally provided parking at the rate against the new unit mix.


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The proposed changes to the apartment buildings have no effect on the scale of the proposed development that will take place nor the individual building footprints envisaged in the original approval, but merely seeks to change the approved site layout and increase the number of units within the approved building envelopes and Gross Floor Area as approved.

The proposed DA achieves the following outcome compared to the approved DA:-

Site coverage reduced by 579m2

Increase in landscaped area by 1584m2 or 11% of the site.

Deep soil planting area has been consolidated and rationalised providing more effective areas. Overall the Deep soil has increased from 15% to 16.8% - increase of approximately 12% in the quantum of deep soil area.

Nett reduction in floor area of 886m2 – 3.6% reduction in overall GFA

Nett increase in communal open space area of 1148m2 – 37% increase in overall COS – reduced bulk and footprint of the buildings.

The increase in Unit numbers has been achieved by re mixing the development to a higher proportion of 2 bedroom units although overall there is a reduction in gross floor area. Car parking has been provided in both schemes at the prevailing rate within the DCP. The car parking in the amending DA has proportionally provided parking at the arte against the new unit mix.

The approved development and the proposed changes sought in this proposal ensure that the proposed development will not be significantly different in form from that approved by the Determination of DA – 14-1907. The Proposal does not seek any changes to the approved engineering plans for DA – 14-1907. Road width, levels and drainage remain unaltered. Minor changes to kerb inlet pits may be required. However these will be addressed at Construction Certificate stage.

We enclose for Council’s information and consideration:-

Completed DA Application Form

Six A1 Copies of Plans

Six A3 Copies of Plans

Cheque for the requisite Fee

A short form Statement of Environmental Effects, SEPP65 Compliance commentary and a Clause 4.6 objection to the minor exceedance to the height limit caused by some roof features of the Proposal all form part of this submission.

If you require any further information please do not hesitate to contact me.

Yours truly,

Graeme Allen Planning Director Universal Property Group Pty Limited


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2. Zoning

The subject site is in the R3 Medium Density Residential zone of the Alex Avenue Precinct Residential flat buildings are permissible with development consent in the R3 Medium Density Residential zone. The proposed development is consistent with the objectives of the R3 Medium Density Residential zone as it will “provide for the housing needs of the community within a medium density residential environment”. The subject land is located in close proximity of public transport services such as Burdekin Road and the Schofields Railway Station and is considered to be strategically located to the retail and commercial Centre of the Alex Avenue Precinct. It is considered that the proposed development is a compatible form of land use for the site particularly in view of the existing approval. (DA-14-1907).

3. Minimum allotment sizes for residential development This clause requires a minimum site area of 2,000m² for the construction of a residential flat building within the R3 Medium Density Residential Zone. The area of the Lot 16B is 13,695m² and complies with this standard.

4. Residential density The Residential Density Map identifies the minimum density for a residential development to be 25 dwellings per hectare. The development proposes 270 residential units and result in a density of 197dwellings per hectare based on the nett site area of 13,695m² complies with this standard. The Density of dwellings per hectare drops to 193 dwelling per hectare if the gross land area (13,944m2) was utilised for the sake of calculation.

5. Height of Buildings (Exceptions to development standards (Clause 4.6(3)) The maximum permissible building height limit on the subject site is 16 metres and the proposed development generally complies with this requirement. The only area exceeding the height control by will be the roof features see Drawing “Height Limit Diagram” – Drawing No A111 – Revision “A”

Clause 4.6 of the Schofields Precinct Plan in the Growth Centres SEPP applies to exceptions to development standards and allows a degree of flexibility in development standards to achieve a better outcome for and from the development.

It is believed that compliance with the building height limit is unreasonable and unnecessary in the current circumstances and that there are sufficient environmental planning grounds to justify the non-compliance in height. A Clause 4.6 Objection is lodged in Appendix C to this Statement.

6. Floor Space Ratio The maximum permissible floor space ratio for the site is 1.75:1. A FSR of 1.69:1 is proposed.


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Appendix A: STATEMENT OF ENVIRONMENTAL EFFECTS – Development Proposal

3.1 Context and Setting

Yes

No

Is the proposal visually prominent in the surrounding area?

Is the proposal consistent with the proposed or existing streetscape?

Is the proposal consistent with Council’s setback policies?

Will the proposal be in character with the surrounding area?

3.2 Access , Traffic and Utilities

Is a legal and practical access available to the proposal?

Will the proposal increase local traffic movement/volume?

Are additional access points to road network required?

Has vehicle maneuvering and onsite parking been addressed?

Are all services readily available to the site?

3.3 Environmental Impacts

Is the proposal likely to result in any form of air pollution?

Does the proposal result in any form of water pollution?

Will the proposal have any noise impact above background noise levels?

Does the proposal involve any significant excavation or filling?

Can the proposal involve any significant erosion or runoff?

Is the development considered to be environmental sustainable?

Is a BASIX certificate provided?

Will the proposal have any impact on aboriginal artefacts or relics?


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3.1 Flora & Fauna Impacts

Yes

No

Will the development result in removal of vegetation from the site?

Will the proposal have any impact on threatened species?

3.2 Natural Hazards

Is the proposal subject to any Natural Hazards?

Flooding?

Bushfire?

Landslip?

3.3 Storm water

Is the storm water disposed of via street drainage?

Does the disposal storm water rely on an easement and/or inter-allotment arrangements?

3.4 Social and Economic Impacts

Will the proposal have a positive economic impact on the area?

Will the proposal have any overshadowing impacts?

Will the proposal have any loss of privacy impacts?

Will the proposal have any impact on a Heritage Item?

3.5 Contamination

Does the site require a Contamination report?

A compliance analysis of the development against the provisions of the Growth Centres SEPP & DCP follow in Table 3:-


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Table 3: Compliance analysis against the provisions of the Growth Centres SEPP & DCP

Element

Control Proposed Compliance

Site coverage (max) 50% 50% 36.1 % Yes

Landscaped area (min) 30% of site area 44.9% Yes

Communal open space 15% of site area 31.6% Yes

Principal Private open space (PPOS)

Min. 10m² per dwelling with min. dimension of 2.5m Minimum

Average 15m2 Minimum 10m2 Yes

Front setback (minimum)

6m Balconies and other articulation may encroach into the setback to a maximum of 4.5m from the boundary for the first 3 storeys, and for a maximum of 50% of the façade length.

Minimum of 6metre setback to front street is achieved with articulation as permitted by DCP.

Yes

Corner lots secondary street setback (min)

6m Design complies with secondary street setback

Yes

Side setback (minimum) Buildings up to 3 storeys: 3m Buildings above 3 storeys: 6m

Design complies with side setback

Yes

Rear setback (minimum) 6m Minimum achieved Yes

Habitable room/balcony separation distance (min) for buildings 3 storeys and above

12m Design complies with separation

Yes

Car parking spaces 1 space per dwelling, plus 0.5 spaces per 3 or more bedroom dwelling. May be in a ‘stack parking’ configuration. Car parking spaces to be located below ground or behind building line 1 visitor car parking space per 5 apartments Bicycle parking spaces: 1 per 3 dwellings

Car parking has been provide at a rate required by the DCP. In addition to Bicycle provision has been made for Motorcycle Parking

Yes

Garage Dominance A maximum of two garage doors per 20m of lot frontage facing any one street frontage.

Basement Parking proposed Yes

Garages and car parking dimensions (min)

Covered: 3m x 5.5m Uncovered: 2.5m x 5.2m Aisle widths must comply with AS 2890.1

Basement car park design complies with AS 2890.1

Yes


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Appendix B: SEPP 65 ASSESSMENT & EVALUATION Part 2 of the SEPP 65 contains a range of design quality principles that are to be applied to the proposed development.

Clause 8 contains the following introduction to the design quality principles:

Good design is a creative process which, when applied to towns and cities, results in the development of great urban places: buildings, streets, squares and parks.

Good design is inextricably linked to its site and locality, responding to the landscape, existing built form, culture and attitudes. It provides sustainable living environments, both in private and public areas.

Good design serves the public interest and includes appropriate innovation to respond to technical, social, aesthetic, economic and environmental challenges.

The design quality principles do not generate design solutions, but provide a guide to achieving good design and the means of evaluating the merit of proposed solutions.

Clause 9 details the following design principles for consideration and these are addressed below.

Principle 1: Context and neighbourhood character

Good design responds and contributes to its context. Context is the key natural and built features of an area, their relationship and the character they create when combined. It also includes social, economic, health and environmental conditions. Responding to context involves identifying the desirable elements of an area’s existing or future character. Well-designed buildings respond to and enhance the qualities and identity of the area including the adjacent sites, streetscape and neighbourhood. Consideration of local context is important for all sites, including sites in established areas, those undergoing change or identified for change. The proposal addresses this principle in that it is responding to the underlying zoning objective. In part, the general compliance achieved with the planning controls (both SEPP & DCP) ensures that the development is consistent with the desired future neighbourhood character of the area.

Principle 2: Built Form & Scale

Good design achieves a scale, bulk and height appropriate to the existing or desired future character of the street and surrounding buildings. Good design also achieves an appropriate built form for a site and the building’s purpose in terms of building alignments, proportions, building type, articulation and the manipulation of building elements. Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.


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The general compliance achieved with the planning controls demonstrates that the proposal is of a scale and bulk that is compatible with the existing and intended built form for this locality within Schofields.

The proposed buildings are designed with a contemporary feel yet grounded in cost effective materials - limited lightweight steel framing and applied finished panels. Finishes are proposed as simple, elegant and sophisticated. The use of the punctuating framed window and balcony elements along all facades creates a sophisticated, rhythmic aesthetic, yet creating strong visual interest.

Principle 3: Density

Good design achieves a high level of amenity for residents and each apartment, resulting in a density appropriate to the site and its context. Appropriate densities are consistent with the area’s existing or projected population. Appropriate densities can be sustained by existing or proposed infrastructure, public transport, access to jobs, community facilities and the environment.

The density proposed as part of this development is representative of the site opportunities and future development in the locality. The opportunity presented by this development relates to creating an “affordable” lifestyle; large 2 bedroom & 3 Bedroom units dominate, ensuring first home buyers households are afforded an opportunity to live within the complex. The build-up in density in this location also acknowledges the sites proximity to Schofields Station.

Principle 4: Sustainability

Good design combines positive environmental, social and economic outcomes. Good sustainable design includes use of natural cross ventilation and sunlight for the amenity and livability of residents and passive thermal design for ventilation, heating and cooling reducing reliance on technology and operation costs. Other elements include recycling and reuse of materials and waste, use of sustainable materials and deep soil zones for groundwater recharge and vegetation.

Appropriate energy saving and water efficiency measures have been included into the design of the building. This is confirmed in the accompanying BASIX assessments.

Principle 5: Landscape Good design recognizes that together landscape and buildings operate as an integrated and sustainable system, resulting in attractive developments with good amenity. A positive image and contextual fit of well-designed developments is achieved by contributing to the landscape character of the streetscape and neighbourhood. Good landscape design enhances the development’s environmental performance by retaining positive natural features which contribute to the local context, coordinating water and soil management, solar access, micro-climate, tree canopy, habitat values and preserving green networks.


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Good landscape design optimizes usability, privacy and opportunities for social interaction, equitable access and respect for neighbours’ amenity and provides for practical establishment and long term management. The landscaping proposed on the site is extensive at the ground floor courtyard level. Deep soil planting is proposed at the rate above the minimum provisions set out in the ADG

A Landscape Concept Plan and details accompanies the application.

Principle 6: Amenity Good design positively influences internal and external amenity for residents and neighbours. Achieving good amenity contributes to positive living environments and resident wellbeing. Good amenity combines appropriate room dimensions and shapes, access to sunlight, natural ventilation, outlook, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas and ease of access for all age groups and degrees of mobility.

The proposed design facilitates the outcomes sought by this design principle. This is shown on the accompanying plans and site analysis. The proposal provides for a range of units that provide appropriate dimensions, access to sunlight, visual and acoustic privacy, a variety of indoor and outdoor space and accessibility. The proposal includes accessible units within the mix.

Principle 7: Safety

Good design optimizes safety and security within the development and the public domain. It provides for quality public and private spaces that are clearly defined and fit for the intended purpose. Opportunities to maximize passive surveillance of public and communal areas promote safety. A positive relationship between public and private spaces is achieved through clearly defined secure access points and well-lit and visible areas that are easily maintained and appropriate to the location and purpose. There are no areas of the design that would pose a safety or security risk. In this regard it is noted that there are no entrapment zones or spaces that have poor sight lines within the development.

Passive surveillance opportunities have been maximized where possible. The balconies fronting the streets and internal “public domain” add to the activation and liveliness of the area.

Principle 8: Housing diversity and social interaction

Good design achieves a mix of apartment sizes, providing housing choice for different demographics, living needs and household budgets. Well-designed apartment developments respond to social context by providing housing and facilities to suit the existing and future social mix.


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Good design involves practical and flexible features, including different types of communal spaces for a broad range of people and providing opportunities for social interaction among residents. The mix of units proposed responds to the current market demands for this locality. This project provides a good mix of housing product and one that could be regarded as being affordable and will largely “target” the first home buyer market as well as “down sizers”.

There is a variation of floor areas, bedroom numbers and adaptability and the aim is to deliver a highly affordable product to the market.

Principle 9: Aesthetics

Good design achieves a built form that has good proportions and a balanced composition of elements, reflecting the internal layout and structure. Good design uses a variety of materials, colours and textures. The visual appearance of a well-designed apartment development responds to the existing or future local context, particularly desirable elements and repetitions of the streetscape.

It is apparent in the plans presented to Council involve a project with a high level of quality in the finishes and materials. It is submitted that the design outcome has been achieved. The SEPP also requires the consent authority to take into consideration the Apartment Design Guide. The provision of the Apartment Design Guide have been considered as follows: -


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Table 4 Development Statistics

Planning Permitted 16B

Control

Units Studio 17

1 bed 47

1 Bed (adapt) 0

2 bed 158

2 Bed (adapt) 27

3 bed 21

3 bed (adapt) 0

Total 270

Building Height 16 Metres 16 Metres

FSR (GFA) 23503m2

1.75:1 1.69 1

Solar Access 70% 214 Units

79.3%

Cross Ventilation 60% 181 Units

67.0%

Adaptable Unit 10% Units 27 Units

10.0%

Livable Units 10% Units 27Units

10.0%

Deep Soil Zone 15% of Site 2302m2

16.8%

Landscape Area 30% of Site 6144m2

44.9%

Common Open Space 15% of Site 4339m2

31.60%

Car Parking Studio = 1 17

1 Bed = 1 47

2 Bed = 1 151

2 Bed (DK) = 2 68

3 Bed = 2 42

Visitor= 0.2 54

Total 379

Provided 379

Surplus 0


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Apartment Design Guide

No. Requirement Proposal Compliance

Part 2 – Developing the Controls

2A Primary Controls Retention of trees Minimum Setbacks Deep Soil Planting & Basements Building Separation & Depth Building Performance & Orientation Three Dimensional Building Envelope

The primary controls have been applied to the site and the completion of the master plan/site analysis. The consequent building envelope, configuration and orientation satisfies this initial guide. The principles are clearly evident on the Site Analysis Drawing.

Yes

2B Building Envelopes The proposed Building Envelopes are reflective of the planning controls and future scale and bulk of development envisaged within the Precinct.

Yes

2C Building Height The scale of the development is as envisaged within the height limit applying to the site. Relaxation of the height limit by application of Clause 4.6 is required due to parapet & balustrading at the roof level.

Yes

2D Floor Space Ratio FSR Controls of 1:75:1 apply to the site. The proposed FSR’s are below the maximum permitted: See Table 4 Page 12

Notwithstanding, the proposed Building Envelopes are reflective of the planning controls and future scale and bulk of development envisaged within the Precinct.

The lots size and configuration is ideal for the proposed development; the combination of height limit, setbacks (internal and external) operate to influence the proposed built form

Yes

2E Building Depth The proposal is consistent with development which is promoted through the planning controls.

The depth of the building is generally compliant, and good cross flow ventilation is proposed where possible and demonstrated on the site analysis plans.

Yes

2F Building Separation

Five/eight storeys (approximately25m):

18m between habitable rooms/balconies13m between habitable rooms/balconies and non-habitable rooms; and

9m between non habitable rooms

Minimum Setback to boundary of 6.0m has been achieved throughout the development. The setback to the adjoining properties are significantly greater due to the public roads that surround the subject site.

Yes


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Part 3 - Siting the Development

3A Site Analysis

3A-1 Site analysis illustrates that design decisions have been based on opportunities and constraints of the site

Site Analysis provided with the DA is considered satisfactory.

Yes

3B Orientation 3B-1 Building types and layouts respond to the streetscape

and site while optimizing solar access within the development.

Proposal adequately addresses street frontages, while south facing units are minimized

Yes

3B-2 Overshadowing of neighbouring properties is minimized during mid-winter.

The proposal will not unreasonably overshadow any adjoining properties. The height of the proposed buildings, assumes that there will be some overshadowing of adjoining properties in midwinter

Yes

3C Public Domain Interface 3C-1 Transition between private and public domain is

achieved without compromising safety and security.

Active street frontages with glazing provided to all ground floor frontages. Upper level balconies and windows provide casual surveillance of the public domain;

Yes

3C-2 Amenity of the public domain is retained and enhanced.

Building entry is legible and mail boxes are located within the lobby of the building. Car parking levels are below finished ground level reducing large areas of painted materials or car park vents.

Yes

3D Communal and Public Open Space

3D-1 An adequate area of communal open space is provided to enhance residential amenity and to provide opportunities for landscaping.

Provision of communal open space and landscaped area considered satisfactory; See Table 4 Page 12

Yes

Design Criteria

Communal open space has a minimum area equal to 15% of the site. Required: 0.15x Site Area m2 = 2090m2 needed (Site Area excludes proposed road for the purpose of this calculation).

See Table 4 Page 12

Yes

Developments achieve a minimum of 50% direct sunlight to the principal usable part for a minimum of 2 hours between 9 am and 3 pm on 21 June (mid-winter).

Yes Yes


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3D-2 Communal open space is designed to allow for a range of activities, respond to site conditions and be attractive and inviting.

Range of activities provided include bench seating, BBQ areas, communal tables and chairs, hard paving, turfed area, pergolas and covered areas.

Yes

3D-3 Communal open space is designed to maximize safety. Safety has been maximized with secure lift & lobby entry to “residents only” COS.

Yes

3D-4 Public open space, where provided, is responsive to the existing pattern and uses of the neighbourhood.

However, the public domain is improved by the proposal with activated street frontages and extensive outdoor areas.

Yes

3E Deep Soil Zones

3E-1 Deep soil zones provide areas on the site that allow for and support healthy plant and tree growth. They improve residential amenity and promote management of water and air quality.

Deep soil planting areas are shown on Drawings and areas claimed as Deep Soil are highlighted See Table 4 Page 12

Yes

Design Criteria

Deep soil zones are to meet the following minimum requirements:

The volume of deep soil planting exceeds the design criteria See Table 4 Page 12

Yes

3F Visual Privacy

3F-1 Adequate building separation distances are shared equitably between neighbouring sites, to achieve reasonable levels of external and internal visual privacy.

Building separation generally complies and exceeds the numerical requirement and satisfactory visual privacy is achieved subject to conditions.

Yes

Design Criteria

Separation between windows and balconies is provided to ensure visual privacy is achieved.

Minimum required separation distances from buildings to the side and rear boundaries are as follows:

The proposed Buildings provides 6m separation to all proposed boundaries The proposed development proposes an equitable sharing of separation distance between adjoining properties ADG separation distances are met

Yes Yes


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3F-2 Site and building design elements increase privacy without compromising access to light and air and balance outlook and views from habitable rooms and private open space.

Satisfactory privacy is achieved without compromising access to light and air and views from habitable rooms and private open space.

Yes

3G Pedestrian Access and Entries

3G-1 Building entries and pedestrian access connects to and addresses the public domain.

Pedestrian access points are legible and well-defined. Lift access is provided for all units via basement and ground floor lobby.

Yes

3G-2 Access, entries and pathways are accessible and easy to identify.

The building has a main entry off the new road frontage.

Yes

3G-3 Large sites provide pedestrian links for access to streets and connection to destinations.

The new proposed public road provides the necessary connection to adjoining and surrounding properties.

Yes

3H Vehicle Access 3H-1 Vehicle access points are designed and located to

achieve safety, minimize conflicts between pedestrians and vehicles and create high quality streetscapes.

Vehicular access is proposed from proposed new road along the southern edge of the site.

Yes

3J Bicycle and Car Parking

3J-1 Car parking is provided based on proximity to public transport in metropolitan Sydney and centres in regional areas.

Car parking provision is based on Council’s DCP

Yes

Design Criteria

For development in the following locations: • on sites that are within 800 metres of a railway station or light rail stop in the Sydney Metropolitan Area; or • on land zoned, and sites within 400 metres of land zoned, B3 Commercial Core, B4 Mixed Use or equivalent in a nominated regional centre

Based on the DCP rates, the required car parking is provides a surplus of Parking: See Table 4 Page 12.

It is noted that Dual Key apartments are proposed and additional car parking has been provided for these apartments; each 2bedroom dual key unit has 2 car spaces

Yes

3J-2 Parking and facilities are provided for other modes of transport.

Yes

3J-3 Car park design and access is safe and secure.

Yes

3J-4 Visual and environmental impacts of underground car parking are minimized.

Yes

3J-5 Visual and environmental impacts of on-grade car parking are minimized.

N/A

3J-6 Visual and environmental impacts of above ground enclosed car parking are minimized.

N/A


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Part 4 – Designing the Building

4A Solar and Daylight Access

4A-1 To optimize the number of apartments receiving sunlight to habitable rooms, primary windows and private open space.

Design Criteria

Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9 am and 3 pm at mid-winter in the Sydney Metropolitan Area and in the Newcastle and Wollongong local government areas.

See Table 4 Page 12

Yes

A maximum of 15% of apartments in a building receive no direct sunlight between 9 am and 3 pm at mid-winter.

Each Building does not exceed this limit indeed no direct sunlight buildings are less than 10% of the units See Table 4 Page 12

Yes

4A-2 Daylight access is maximized where sunlight is limited.

Yes

4A-3 Design incorporates shading and glare control, particularly for warmer months.

Yes

4B Natural Ventilation

4B-1 All habitable rooms are naturally venti lated.

Yes

4B-2 The layout and design of single aspect apartments maximizes natural ventilation.

Yes

4B-3 The number of apartments with natural cross ventilation is maximized to create a comfortable indoor environment for residents.

Design Criteria

At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building. Apartments at ten storeys or greater are deemed to be cross ventilated only if any enclosure of the balconies at these levels allows adequate natural ventilation and cannot be fully enclosed.

See Table 4 Page 12

Yes

Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line.

NA


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4C Ceiling Heights

4C-1 Ceiling height achieves sufficient natural ventilation and daylight access. Yes

Design Criteria

Measured from finished floor level to finished ceiling level, minimum ceiling heights are;

These minimums do not preclude higher ceilings if desired.

2.7m ground floor ceiling 2.7m first floor ceiling 2.7m second floor ceiling 2.7m third floor ceiling 2.7m fourth floor ceiling

Yes

4C-2 Ceiling height increases the sense of space in apartments and provides for well -proportioned rooms.

Noted

4C-3 Ceiling heights contribute to the flexibility of building use over the life of the building.

Yes

4D Apartment Size and Layout

4D-1 The layout of rooms within an apartment is functional, well organised and provides a high standard of amenity.

Yes

Design Criteria

Apartments are required to have the following minimum internal areas:

The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5m2 each. A fourth bedroom and further additional bedrooms increase the minimum internal area by 12m2 each.

All apartments have been designed to meet or exceed the minimum standard. .

Yes

Every habitable room must have a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms.

Yes Yes


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-

4D-2 Environmental performance of the apartment is maximized.

Design Criteria

Habitable room depths are limited to a maximum of 2.5 x the ceiling height.

Yes Yes

In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window.

Yes Yes

4D-3 Apartment layouts are designed to accommodate a variety of household activities and needs.

Design Criteria

Master bedrooms have a minimum area of 10m2 and other bedrooms 9m2 (excluding wardrobe space).

Master bedrooms >10sqm and other bedrooms >9m

Yes

Bedrooms have a minimum dimension of 3m (excluding wardrobe space).

>3m Yes

Living rooms or combined living/dining rooms have a minimum width of:

3.6m for studio and 1 bedroom apartments

4m for 2 and 3 bedroom apartments.

>3.6m for 1 bedroom units and >4m for 2 bedrooms units

Yes

The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts.

NA NA

4E Private Open Space and Balconies

4E-1 Apartments provide appropriately sized private open space and balconies to enhance residential amenity.

Design Criteria

All apartments are required to have primary balconies as follows:

The minimum balcony depth to be counted as contributing to the balcony area is 1m.

The minimum balcony sizes range One-bed – 8 m2+ 2.0 m Two-bed – 10 m2 + 2.0 m Three-bed – 12 m2 + 2.4 m

Minimum depths provided.

Yes

For apartments at ground level or on a podium or similar structure, a private open space is provided instead of a balcony. It must have a minimum area of 15m2 and a minimum depth of 3m.

All ground floor apartments have private open space greater than 15m2

NA


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4E-2 Primary private open space and balconies are appropriately located to enhance livability for residents.

Yes

4E-3 Private open space and balcony design is integrated into and contributes to the overall architectural form and detail of the building.

Yes

4E-4 Private open space and balcony design maximizes safety. Yes

4F Common Circulation and Spaces

4F-1 Common circulation spaces achieve good amenity and properly service the number of apartments.

Yes

Design Criteria

The maximum number of apartments off a circulation core on a single level is eight.

There are 9 units proposed on the levels of the RFB, however this is less than the maximum of 12 units provided under the Apartment Design Guide. Corridor width is suitably scaled for these units (1.8m) with light source at each end.

Yes

For buildings of 10 storeys and over, the maximum number of apartments sharing a single lift is 40.

Not Applicable NA

4F-2 Common circulation spaces promote safety and provide for social interaction Yes

4G Storage

4G-1 Adequate, well designed storage is provided in each apartment.

Design Criteria

In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided:

At least 50% of the required storage is to be located within the apartment.

Each unit is provided with internal storage areas as well as individual secure basement storage based on a minimum of 6 cubic metres for 1 bedroom apartments, 8 cubic metres for 2 bedrooms and 10 cubic for the 3 bedroom units.

Yes

4G-2 Additional storage is conveniently located, accessible and nominated for individual apartments.

Yes

4H Acoustic Privacy

4H-1 Noise transfer is minimized through the siting of buildings and building layout. Yes 4H-2 Noise impacts are mitigated within apartments through layout and acoustic

treatments. Yes

4J Noise and Pollution

4J-1 In noisy or hostile environments the impacts of external noise and pollution are minimized through the careful siting and layout of buildings.

Yes

4J-2 Appropriate noise shielding or attenuation techniques for the building design, construction and choice of materials are used to mitigate noise transmission.

Yes

4K Apartment Mix

4K-1 A range of apartment types and sizes is provided to cater for different household types now and into the future.

Yes

4K-2 The apartment mix is distributed to suitable locations within the building. Yes

4L Ground Floor Apartments

4L-1 Street frontage activity is maximized at ground floor apartments locations N/A 4L-2 Design of ground floor apartments delivers amenity and safety for residents. N/A


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4M Façades

4M-1 Building facades provide visual interest along the street Yes

4M-2 Building functions are expressed by the façade. Yes 4N Roof Design

4N-1 Roof treatments are integrated into the building design & positively respond to the street.

Yes

4N-2 Maximized opportunities to use roof space for accommodation and open space Yes

4N-3 Roof design incorporates sustainability features. Yes

4O Landscape Design

4O-1 Landscape design is viable and sustainable. Yes

40-2 Landscape design contributes to the streetscape and amenity. Yes 4P Planting on Structures

4P-1 Appropriate soil profiles are provided. Yes

4P-2 Plant growth is optimized with appropriate selection and maintenance. Yes

4P-3 Planting on structures contributes to the quality and amenity of communal and public open spaces.

Yes

4Q Universal Design

4Q-1 Universal design features are included in apartment design to promote flexible housing for all community members.

Yes

4Q-2 A variety of apartments with adaptable designs are provided. Yes

4Q-3 Apartment layouts are flexible and accommodate a range of lifestyle needs. Yes

4R Adaptive Reuse

4R-1 New additions to existing buildings are contemporary and complementary and enhance an area's identity and sense of place.

N/A

4R-2 Adapted buildings provide residential amenity while not precluding future adaptive reuse.

N/A

4S Mixed Use 4S-1 Mixed use developments are provided in appropriate locations and provide active street

frontages that encourage pedestrian movement. Yes

4S-2 Residential levels of the building are integrated within the development, and safety and amenity is maximized for residents.

Yes

4T Awnings and Signage

4T-1 Awnings are well located and complement and integrate with the building design.

Yes

4T-2 Signage responds to the context and desired streetscape character. N/A

4U Energy Efficiency

4U-1 Development incorporates passive environmental design. Yes

4U-2 Development incorporates passive solar design to optimize heat storage in winter and reduce heat transfer in summer.

Yes

4U-3 Adequate natural ventilation minimizes the need for mechanical ventilation. Yes

4V Water Management and Conservation 4V-1 Potable water use is minimized. Yes

4V-2 Urban storm water is treated on site before being discharged Yes

4V-3 Flood management systems are integrated into site design. Yes

4W Waste Management

4W-1 Waste storage facilities are designed to minimize impacts on the streetscape, Yes 4W-2 Domestic waste is minimized by providing safe and convenient source separation Yes

4X Building Maintenance

4X-1 Building design detail provides protection from weathering. Yes

4X-2 Systems and access enable ease of maintenance. Yes

4X-3 Material selection reduces ongoing maintenance costs. Yes


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Appendix C: Clause 4.6 Modification Submission - Building Height

Nature of modification request is as follows:- Clause 4.3 of Appendix 4 of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 stipulates the maximum height of buildings and requires that the proposed development does not “exceed 16m above ground level” as identified on the LEP Building Height Maps. The proposed buildings have been designed to comply with the height standard however, a departure from the standard is sought in relation to the lift overrun that exceeds the 16metre limit and various minor portions of buildings that exceed the development standard. For the purpose of calculating height the SEPP defines:-

building height (or height of building) means the vertical distance between ground level (existing) at any point to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

Only Level 5 of the Proposal seeks variance of the height standard; specifically those portions of the buildings highlighted by “yellow” on the 3D and Plan View of the proposed amending application. The areas coloured blue are roof features which are exempt from the height limit definition.


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More specifically the degree of non-compliance is restricted to portions of Block A & Block E

Block A


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Block D & E

The planning standard (16 metre height limit) is exceeded by a minimum of 150mm (Block E) and a maximum of 380mm (Block A) which represents a minimum numerical variation of the standard of 0.09% and a maximum of 2.3%. Note: that the areas of exceedance represent approximately 1.6% of the total roof area of the building. It should also be noted that the roof features covers only 0.4% of the floorplate of the Blocks; the punctuation of the height limit provides for interest and variety in the built form and helps articulate what would otherwise be a sterile ”buzz cut” – no variety in height nor articulation to the roof-scape of the development.


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In general terms, it is contended that the non-compliance is acceptable in this particular instance and ensures the land is suitably developed to a scale that reflects the development controls for this locality The exceedance of the amending DA is considerably less than that contained in the current approval on the site. The departure from the maximum height limit is minor in terms of its impact within its context. The departure will not materially alter the appearance of the building and would not be discernible to the casual observer at street level; the major departure is lift overruns which occupy a small percentage of the total floor plate of the building – approximately around 1.6%. The height control is a “development standard” to which exceptions can be granted pursuant to Clause 4.6 of the LEP. The objectives and provisions of Clause 4.6 are as follows:-

(1) The objectives of this clause are as follows: (a) to provide an appropriate degree of flexibility in applying certain development

standards to particular development, (b) to achieve better outcomes for and from development by allowing flexibility in

particular circumstances. (2) Consent may, subject to this clause, be granted for development even though the

development would contravene a development standard imposed by this Policy or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3) Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: (a) that compliance with the development standard is unreasonable or unnecessary in the

circumstances of the case, and (b) that there are sufficient environmental planning grounds to justify contravening the

development standard. (4) Consent must not be granted for development that contravenes a development standard

unless: (a) the consent authority is satisfied that:

(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Director-General has been obtained.


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(5) In deciding whether to grant concurrence, the Director-General must consider:

(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the development standard, and (c) any other matters required to be taken into consideration by the Director-General

before granting concurrence. (6) Consent must not be granted under this clause for a subdivision of land in Zone E2 if:

(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

(7) After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(8) This clause does not allow consent to be granted for development that would contravene any of the following: (a) a development standard for complying development, (b) a development standard that arises, under the regulations under the Act, in connection

with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

(c) clause 5.4. (d), (e) (Repealed)

The development standards in Clause 4.3 are not expressly excluded from the operation of Clause 4.6. Objective 1(a) of Clause 4.6 is satisfied by the discretion granted to Council by virtue of sub clause 4.6(2) and the limitations to that discretion contained in sub clauses (3) to (8). This submission will address the requirements of sub clauses 4.6 (3) & (4) in order to demonstrate that the exception sought is consistent with the exercise of “an appropriate degree of flexibility” in applying the development standard, and is therefore consistent with objective 1(a). In this regard, it is noted that the extent of discretion afforded by sub clause 4.6(2) is not numerically limited. Objective 1(b) of Clause 4.6 is addressed later in the submission. The objectives and relevant provisions of Clause 4.3 are as follows: -

http://www.legislation.nsw.gov.au/#/view/EPI/2004/396

http://www.legislation.nsw.gov.au/#/view/EPI/2004/396


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The objectives of this clause are as follows:

(a) to establish the maximum height of buildings for development on land within the Alex Avenue and Riverstone Precincts,

(b) to protect the amenity of adjoining development and land in terms of solar access to buildings and open space,

(c) to facilitate higher density development in and around the local centre, the neighbourhood centres and major transport routes while minimising impacts on adjacent residential, commercial and open space areas,

(d) to provide for a range of building heights in appropriate locations that provide a high quality urban form.

As previously noted, the height of buildings map, nominates a maximum building height of 16m at the site measured from existing ground level. It is hereby requested that an exception to this development standard be granted pursuant to Clause 4.6 so as to permit the building height proposed for each Building. Objectives (b) relates in part to the impacts of overshadowing and loss of sunlight to sensitive private and public spaces. As detailed in the shadow diagrams contained in the Architectural submission for each of the Blocks proposed, the impacts of overshadowing from the proposals are entirely appropriate and could be reasonably expected as a result of the prevailing planning controls; i.e. compliance with the planning standard The additional height of the lift overrun does not add to the shadow cast. The extent of additional shadowing resulting from the departure from the standard is negligible or minor at best and largely affects the roads that adjoin the site. To require compliance with the height limit in this instance would have no material benefit in terms of overshadowing and solar access as any “offending” additional overshadowing arising from the “lift overrun height” is entirely contained in the shadow cast by the proposed roof edge of each building and affects predominately “public infrastructure” lands. Objective (b) is inherently satisfied by the compliance of the subject development, with the 16m height development standard; across the majority of the built form Objective (c) of the height controls is to facilitate higher density development in and around the local centre, the neighbourhood centres and major transport routes while minimising impacts on adjacent residential, commercial and open space areas. The minor deviation in the height standard to recognise lift overrun does not obscure the achievement of this objective. The proposal is therefore consistent with the primary objectives of the control.


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Having regard to Clause 4.6 (3) (b) and the need to demonstrate that there are sufficient environmental planning grounds to justify contravening the development standard relating to height, as discussed earlier there is an absence of significant impacts of the proposed non -compliance on the adjoining properties or the character of the development within the locality.

On planning grounds and in order to be satisfied that the proposal fulfills objective 1(b) of Clause 4.6 in that allowing flexibility in the particular circumstances of this development will achieve “a better outcome for and from development”, it is considered that the current proposal provides an appropriate scale and form of development particularly in the absence of any adverse impacts.

Having regard to all the above and with specific reference to Wehbe V Pittwater Council (2007) NSW LEC 827, it is our opinion that compliance with the maximum building height development standard is unnecessary in the circumstances of this case as the development meets the objectives of that standard and the zone objectives. As such there are sufficient environmental planning grounds to justify an exception to the development standard, on this basis the requirements of Clause 4.6(3) are satisfied.

STATEMENT OF ENVIRONMENTAL EFFETS · 2018-07-31 · statement of environmental effets construction...

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