INDEPENDENT HEARING AND ASSESSMENT PANEL

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1 Waverley Council PO Box 9, Bondi Junction, NSW 1355 DX Bondi Junction. Telephone: Fax: TTY: (For hearing impaired) Website: 24 July 2012 A meeting of the INDEPENDENT HEARING AND ASSESSMENT PANEL will be held in the Queens Park Room, Level 3, Waverley Council Chambers, Corner Bondi Road & Paul Street, Bondi Junction at: 6.00PM, WEDNESDAY, 1 AUGUST 2012 COMMITTEE MEMBERS: Tina Spiegel (Chair) Jocelyn Jackson John O Grady Julius Medgyessy QUORUM: Three Panel members. Tony Reed GENERAL MANAGER

2 AGENDA IHAP-1208.A Apologies IHAP-1208.DI Declarations of Interest MATTERS TO BE SUBMITTED TO THE DEVELOPMENT CONTROL COMMITTEE WITH A RECOMMENDATION FROM THE PANEL IHAP PAGE 3 2C Queens Park Road Queens Park Modify trading hours for approved storage facility (DA 235/2012). Report dated 24 July 2012 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. IHAP PAGE Hall Street. Bondi Beach Demolition of existing building and the erection of a 4 storey mixed use building containing 2 retail areas and 6 x 1 bedroom dwellings (DA 141/2012) Report dated 24 July 2012 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. Independent Hearing & Assessment Panel Meeting Wednesday, 1 August

3 2C Queens Park Road Queens Park Modify trading hours for approved storage facility (DA 235/2012). Report dated 24 July 2012 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. Referred to the IHAP and DCC given the number of submissions received. Development Assessment Report Development Application No. 235/2012 Address 2c Queens Park Road (aka 10 Lynch Avenue) Queens Park Lodgement Date 7 June 2012 Proposal Extend trading hours of self storage unit to include by appointment during business hours on an as required basis Zoning and relevant controls Residential 2(a) under Waverley LEP 1996 Queens Park Heritage Conservation Area Waverley DCP 2010 Owner Simon and Georgina Carless Applicant Simon Carless Submissions 10 Issues Existing use rights and trading hours Recommendation APPROVAL Site Map 3

4 1. PREAMBLE 1.1 The Site and its Locality The site is located in the middle of the street block bound by Lynch Avenue, Denison Street, Queens Park Road and York Road. Access to the site is via two (2) right-of-carriage ways, one off Lynch Avenue and the other off Queens Park Road. The site is hatched-shaped and has an area of 722.3m². The existing building on the site is built from boundary to boundary and comprises a singlestorey warehouse, currently used as a storage facility. The surrounding development in the street block is all residential and comprises a mix of one to two storey dwelling houses and residential flat buildings. 1.2 Background A search of Council s files revealed the following property history relevant to the site: DA 61/1982 Approved 9 July 1982 for minor alterations to and the erection of internal storage bins within the existing building. The conditions of consent listed on the 1982 approval included: 2. The access-way leading to Lynch Avenue to be paved with material selected by, and to the satisfaction of the Municipal Engineer/ Town Planner prior to commencement of operation. 3. The number of employees to be limited to 1 excluding the principals. 4. Storage to be restricted to household furniture and personal effects and light commercial storage. 5. Operating hours to be limited to Wednesday, Friday and Saturday from 12 noon to 6pm. 6. All loading and unloading of goods to take place within the building. DA 727/2008 Refused 28 April 2009 for signage. DA 386/2011 Refused 22 May 2012 for conversion of warehouse to a dwelling house and second dwelling Proposal Description The current proposal seeks to extend the opening hours of the facility as follows: To allow client access by appointment during business house on an as required basis. The range of hours proposed are between 10 and 6pm, 7 days. 4

5 2. ASSESSMENT The following matters have been considered in the assessment of this development application under Section 79C of the Environmental Planning and Assessment Act Section 79C(1)(a) Planning Instruments State/Regional Environmental Planning Policies SEPP No.55 Contaminated Land Clause 7 of the SEPP requires Council to consider whether the land is contaminated. In a previous application (DA 386/2011) for residential development of the site, a Stage 1 Preliminary Environmental Site Assessment was carried out by Environmental and Geo- Science Consultants which in relation to the use of the land for residential purposes, concluded that there was no evidence of any major contaminants, would not pose any impacts upon adjoining properties from contaminants; and that further investigation was not required. Council s Environmental Health Officers, having reviewed the Assessment, concurred with the findings. Nevertheless, this application is modify trading hours only and contamination is not relevant Waverley Local Environmental Plan 1996 Clause 3 Specific Aims The proposal is not considered contrary to the specific aims of the LEP. Clause 10 Zone Objectives The objectives of the zone are: (a) To allow for housing only in the form of dwelling houses and boarding houses (b) To maintain and improve the amenity and existing characteristics of localities predominantly characterised by dwelling houses; and (c) To allow certain non residential uses of low intensity which are compatible with the character and scale of low density housing. Given the nature of the proposal, ie to extend the hours to allow a by appointment opening during business hours, the use is considered of low intensity. The warehouse/ storage use is a not a permitted use in the zone however and would rely on existing use rights. Clauses Environmental Considerations The proposal is considered compliant with these considerations. 5

6 Clause 30 Aesthetic Appearance of Development There is physically no change to the design of the development and as such it is considered satisfactory in this regard. Clause 45 Heritage Provisions The site is with the Queens Park Conservation Area. No building work is proposed in the application and as such no objections from a heritage viewpoint are raised. Existing Rights Use and background The site is zoned residential 2(a) under the Waverley LEP The use of a storage facility is not listed as a permitted use in the zone and has been acknowledge in the report for the change of use to residential as being a non conforming land use (DA-386/2011). Division 10 of the Environmental Planning and Assessment Act (the Act) deals with existing use rights. Section 106 of the Act defines existing use. In this regard the activity was approved on 9 July The use is currently operating under that approval. In this regard, the proposal is considered to have existing use rights. The proposal does not seek to carry out alterations to the building or change the use from one use to another, but to increase the hours of use. Section 108 of the Act refers to the Regulations which can allow for: (a) the carrying out of alterations or extensions to or the rebuilding or a building or work being used for an existing use, and (b) the change of an existing use to another use, and (c) the enlargement or expansion or intensification of an existing use. Under the Environmental Planning and Assessment Regulation 2000, Part 5 deals with existing use rights. There is a restriction on existing uses and it is contained in clause 41(2) which states: However, an existing use must not be changed under subclause (1)(e) or (f) unless that change: (a) involves only alterations or addition that are minor in nature does not involve an increase of more than 10% in the floor space of the premises associated with the existing use, and (b) does not involve the rebuilding of the premises associated with the existing use, and (c) does not involve a significant intensification of that existing use. In relation to the above and as indicated in this report, the proposal does not seek a change of use, and is not considered to represent a significant intensification of the use on the site. Clause 42 requires development consent for and enlargement, expansion or intensification and restricts the activity to the land on which the existing use was carried out. 6

7 Draft LEP The dlep 2011 has been exhibited and therefore requires consideration in the assessment of this proposal. Under the draft LEP, the land is proposed to be zoned R2 Low Density Residential. The draft controls are not materially different to the current controls in relation to the use of the site. The use remains a non permitted activity Waverley Development Control Plan 2010, Part E1 Hours of Operation Part E1, clause 2.3 sets hours of operation for various zones. The use would best fit into the Type B category. In the residential zone the maximum hours are: 7am to 9pm seven days a week. The premises currently operate 12 midday till 6pm Wednesday, Friday and Saturday. The hours proposed are within the range outlined in the DCP. The hours proposed are within the range outlined in the DCP. It is however noted that the applicant, as advised on the face page of the development application submitted is not seeking to change the hours fully to 10am to 6pm, 7 days, but rather to keep the core times on Wednesday, Friday and Saturday and make the premises available by appointment at other times during the 10am and 6pm, 7 days range. Given that the premises are subject to existing use rights, the DCP can be used as a guide and the hours proposed are within the range foreseen in the DCP for Type B developments in residential zones Other Matters Right of way The vehicle access way off Lynch Avenue to the site is via a right of way. The applicant has provided a copy of the right of way which states: (a) This right of carriageway shall be subject to and not interfere with the right of the owner of the servient tenement for the time being to park or allow to be parked motor vehicles on the site of the right of carriageway notwithstanding that such parking may prevent access to or egress from the dominant tenement by a motor vehicle (b) This right of carriageway shall not apply during the hours between 12 noon and 6pm on Wednesdays, Fridays and Saturdays and (c) The owner of the dominant tenement for the time being shall pay to the owner of the servient tenement for the time being all reasonable proportionate costs and expenses in relation to any upkeep and maintenance of the right of way which the owner of the servient tenement for the time being may elect to undertake. Broadly the terms in the above are defined as: Servient tenement: land which is burdened by an easement Dominant tenement: land which has benefits from or has the advantage of an easement 7

8 In this regard, the owner of the subject site owns the land over which a right of carriage way to the garages of properties off Denison and York Road have access to their rear garages. The issues and management or the right of carriageway are between the owner and the neighbours. 3 REFERRALS 3.1 External Nil. 3.2 Internal Nil. Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. Having regard to the original approval and the current variation of hours, the proposal, as reviewed and conditioned is considered to have a minimal and acceptable impact on the natural and built environment and no adverse social or economic impacts on the locality. The preceding report deals with any impacts. Section 79C(1)(c) - The suitability of the site for the development. The site enjoys existing use rights and can continue to operate under the original development consent and in accordance with the provisions of the Environmental Planning and Assessment Act. 4. PUBLIC SUBMISSION The application was notified for 14 days in accordance with Waverley Development Control Plan 2010, Part C3 Advertised and Notified Development. 10 submissions were received. The issues raised in the submissions are summarised and discussed below. Property Location Summary of Objections 219 Denison Street, Queens Park 2a Queens Park Road, Queens Park Adjoining to the north east of the site Adjoining to the south west Use of Lynch Avenue by large vehicles including furniture trucks Danger to children playing in the rear lane Increased noise and pollution Inappropriate use in the zone Storage facility has no onsite parking Inappropriate use in the zone Building occupies full site Use of the land off Queens Park 8

9 Property Location Summary of Objections 84 Rawson Street, Queens Park 8 Lynch Avenue, Queens Park 221 Denison Street, Queens Park 6 Lynch Avenue, Queens Park 225 Denison Street, Queens Park 223 Denison Street, Queens Park 1/2B Queens Park Road, Queens Park To the north across Lynch Ave Adjoining to the north west of the site Adjoining to the north east of the site Adjoining to the north west of the site Adjoining to the north east Adjoining to the north east Adjoining to the south east Road for loading and unloading Use of access off Queens Park Road would impact on traffic in Queens Park Road Use of access off Queens Park Road would result in a loss of amenity to the adjoining residential flat buildings Non compliance with condition that all loading and unloading take place within the building Heritage residential area Impact on Lynch Avenue road surface by trucks Container trucks unload in Lynch Avenue, blocking traffic Prefer residential use Inappropriate use in the zone Contrary to LEP zone objective in relation to low intensity Increased noise Disruption of access to rear garages Light nuisance from headlights No acoustic report submitted Disruption of access to rear garages Increased noise Increased traffic in Lynch Avenue Lack of parking for Lynch Avenue residents Disruption of access to rear garages Inappropriate use in the zone If extension of hours granted may increase in the future if sold Extension of hours of right of way would result in no access to the rear of their property Parking issues in Denison Street Inappropriate use in the zone Use of the land off Queens Park Road for loading and unloading Non compliance with condition that all loading and unloading take place within the building 9

10 Property Location Summary of Objections 4 Lynch Avenue, Queens Park Adjoining to the north west Exclusive use of right of way off Queens Park Road for parking by the owner Safety of use of Lynch Lane by pedestrians Existing situation of traffic congestion and flow in Lynch Avenue Damage to Lynch Avenue by large trucks Suggests use of access from Queens Park Road for out of hours appointments Increased noise Loss of amenity If extra hours are granted that they be restricted to not exceed 12 hours and be between noon and 6pm. Use of Lynch Avenue by large vehicles including furniture trucks and damage to the roadway. comment: A requirement of the 1982 development consent was that All loading and unloading of goods to take place within the building. Given the limited height of the building, this would not facilitate large vehicles. It may be that the development is not operating in accordance with this consent and this will need to be reaffirmed by Council to the applicant. By the placing of the conditions in the original consent, particularly condition 3 (limiting employees), 4 (restriction on articles to be stored) and 5 (restriction on hours), it would appear that a low intensity use was envisaged for the site and smaller vehicles. Disruption of access to rear garages. comment: The land is owned by the applicant and subject to a right of carriageway. As such, the land is not managed by Council as would a normal street be and is subject to the restrictions of the right of way and a matter between the owner and any adjoining residents who may enjoy access over the land. Danger to children playing in the rear lane. comment: The use of the laneway or road for children playing, whilst not uncommon is not condoned and the objection on this basis cannot be supported. 10

11 Increased noise and pollution and loss of amenity. comment: The proposal by its minor nature will result in some increase in noise from vehicles, however as the activity seeks approval for an increase in hours to allow by appointment access, it is not considered that this will represent a substantial increase in noise levels, pollution or result in a loss of residential amenity. The activity has been operating from the site for 30 years and as such, new residents would have been aware of the activity at the time of purchase. Inappropriate use in the zone. comment: The activity on the site was approved in 1982, and as such has been in operation for 30 years. The site enjoys existing use rights and can continue to operate in accordance with the conditions of consent as may be amended by Council from time to time. Storage facility has no onsite parking. comment: The provision of onsite parking was not a requirement in the 1982 development consent. It is however noted that the applicant owns the land which is the access off Lynch Avenue and the land which is the access from Queens Park Road. These sections of the applicant s land are subject to rights of way and the use and parking on them are subject to the stipulations in the right of way documents, and not subject to Council consideration. Building occupies full site. comment: The building occupies the majority of the site, excepting the land which forms the accesses. The proposal does not seek to increase the size of the development. Exclusive use of right of way off Queens Park Road for parking by the owner. comment: The land in question is owned by the applicant. The management and use of the land is subject to the right of carriageway over the land and is a matter between the owner and the neighbours who may or may not have use of the land. Use of the land off Queens Park Road for loading and unloading. comment: The proposal relates only to an extension of hours. Condition 6 of the 1982 consent would preclude the use of the access of Queens Park Road, as it would not be possible to comply with this condition due to the narrow opening that would not facilitate all loading and unloading of goods to take place within the building. The applicant in response to the objections has also indicated that the use of the access from Queens Park Road is not possible and not planned in relation to accessing the facility. A new condition confirming this undertaking is recommended. 11

12 Use of access off Queens Park Road would impact on traffic in Queens Park Road. comment: See above comment. Use of access off Queens Park Road would result in a loss of amenity to the adjoining residential flat buildings. comment: See above comment. Non compliance with condition that all loading and unloading take place within the building. comment: Condition 6 of DA61/1982 requires: All loading and unloading of goods to take place within the building. If this is not occurring the issue will be brought to the owner/ applicant s attention. Suggests use of access from Queens Park Road for out of hours appointments. comment: This suggestion is not supported as it would be contrary to the 1982 development consent, particularly condition 6. If extra hours are granted that they be restricted to not exceed 12 hours and be between noon and 6pm. comment: The hour range between 10am and 6 pm by appointment and the retention of the original core hours, as conditioned in this report are considered suitable and in keeping with the Waverley DCP. Increased traffic in Lynch Avenue. comment: The proposal is likely to result in a small increase in vehicles in Lynch Avenue, however as indicated above, it may be that the vehicles that currently access the site and non compliance with condition 6 of the consent results in the current resident dissatisfaction with the operation of the premises. Lack of parking for Lynch Avenue residents. comment: Lynch Avenue is a public street and available for parking subject to any parking restrictions. The right of carriage way is subject to its own restrictions which are independent of Council. 12

13 Parking issues in Denison Street. comment: The proposal is not expected to significantly impact on parking in Denison Street. Denison Street properties requiring use of the right of carriageway are subject to the restrictions of the access. Preference for residential use of site. comment: DA 386/2011 was refused for the residential use of the site. Refer to the refusal notice for reasons for refusal. The application for residential redevelopment of the site to 2 dwellings attracted 16 submissions objecting to the proposal. Light nuisance from headlights. comment: Given the nature of the proposal, this objection is not supported. No acoustic report submitted. comment: Given the nature of the proposal and acoustic report is not required. Such reports are usually requested when Council is considering extensions of trading hours for licensed or entertainment venues. In response to the objections, the applicant has reviewed the objections and provided a response which can be summarised as follows: The premises contain 26x11m³, 55 x5m³, and 4x7m³ and 18 x 1m³ storage units. The larger usually involves a truck, the smaller units usually a station wagon or car. In the last 12 months there were 94 move-in/ move outs, as well as people who visit the site to access their locker. The applicant s log indicates this to be 167 visits over the same 12 month period. The use of the right of way by neighbours far exceeds the use by the applicant and his clients. The right so carriage was is a situation either signed off by previous owners or a situation new owners would have been aware of when they purchased. The applicant is not seeking to alter the right of way provisions. The right of way is an access only. It is not a right to park or place bins or for children to play, it is PRIVATE land. The business has no impact on street parking as clients all park legally on the applicant s land. The 30% increase in business refers to the fact that at the moment the storage is at currently only at 70% capacity. Section 79C(1)(e) - The public interest. Notwithstanding the number of objections and localised concerns of residents the proposal, as conditioned below is not considered contrary to the public interest. 13

14 5. DEVELOPMENT AND BUILDING UNIT (DBU) REVIEW This is a stand alone application for modified trading hours, as opposed to a Section 96 application to modify the existing 1982 consent for the existing storage facility. The application seeks to increase the hours when the storage facility can be accessed. The use of the site relies on existing use rights as a non permitted land use. The application attracted 10 objections. The hours sought are reasonable given the nature of the use and Council s trading hours policy. The extended hours are also to be by appointment only. Indeed, the DBU has inspected the site and this is a very small storage facility that has limited capacity to create a nuisance. On balance the proposal is supported, however the applicant is to be advised to comply with the original conditions of consent. The application is recommended for consent subject to conditions. 6. RECOMMENDATION That Development Application No. 235/2012 at 2c Queens Park Road (aka 10 Lynch Street), Queens Park for extension of trading hours to allow for by appointment trading between the hours of 10am and 6 pm, 7 days be approved by Council, subject to the following conditions:- 1. HOURS OF OPERATION The operating hours are to be limited to Wednesday, Friday and Saturday between the hours of 10am and 6pm and outside those hours by appointment only. Any additional operations are to be by appointment and restricted to between the hours of 10am and 6pm, Monday to Tuesday and Sundays. This approval does not authorise an increase in the hours of opening of the premises other than on the by appointment basis. 2. COMPLIANCE WITH CONDITIONS OF DA61/1982 The applicant is to ensure compliance with conditions of consent 61/1982 and dated 9 July 1982, except as amended by this approval. 3. NOISE EMISSIONS The use of the premises shall not give rise to: (a) Transmission of "Offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any place of different occupancy; (b) A sound pressure level at any affected premises that exceeds the background (LA90) noise level in the absence of the noise under consideration by more than 5dB(A). The background noise level must be measured in the absence of noise emitted from the use in accordance with Australian Standard AIR EMISSIONS The use of the premises shall not give rise to air impurities in contravention of the Protection of the Environment Operations Act, No injury being caused to the amenity of the neighbourhood by the emission of noise, smoke, smell, vibration, gases, vapours, odours, 14

15 dust, particulate matter, or other impurities which are a nuisance or injurious or dangerous or prejudicial to health, the exposure to view of any unsightly matter or otherwise. 5. LIGHTING Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting. 6. NO USE OF ACCESS OFF QUEENS PARK ROAD The access area off Queens Park Road is not to be used for handling / delivery / pick-up of storage items and access to the premises by the general public. j:\home\pes\da assessment team reports\queens park rd 2c\report\queens park rd 2cihapdcc.doc 15

16 89 Hall Street. Bondi Beach Demolition of existing building and the erection of a 4 storey mixed use building containing 2 retail areas and 6 x 1 bedroom dwellings (DA 141/2012) Report dated 24 July 2012 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. Referred to the IHAP / DCC given the number of submissions received. Development Assessment Report Development Application No. Address DA-141/ Hall Street. Bondi Beach Lodgement Date 13 April 2012 Proposal Demolition of existing building and the erection of a 4 storey mixed use building containing 2 retail areas and 6 x 1 bedroom dwellings. Zoning and relevant controls Business General 3(a) under WLEP 1996 Waverley DCP 2010 Owner Hall Street Pty Ltd Applicant Cumberland Building Services Pty Ltd Submissions Issues Eight (8) Objections Non compliance with LEP (Height and FSR) Non provision of parking, Neighbour submissions Recommendation That the application be APPROVED Site Map 16

17 1. PREAMBLE 1.1 The Site and its Locality The site is a triangular shaped allotment on the corner of Hall Street and O Brien Street, Bondi Beach. The site has a slight cross fall from south to north and west to east. The site has a frontage of 25.43m to Hall Street and 31.06m to O Brien Street. The site has an area of sqm. The site is currently occupied by a part 2, part 3 storey mixed development comprising 2 shops at ground level and 3 dwellings above. No parking is provided on site. The existing building fully occupies the site and there are no trees on the site. The building is subject to a Fire Order and is vacant. The site is not listed as a heritage item nor located in a heritage conservation area. 1.2 Background PD 24/2011 A pre-lodgement meeting was held to discuss an initial proposal for the site. Issues that the applicant was required to address included: Building FSR Building height Dwelling mix Parking Balconies Compliance with SEPP 65 The proposal submitted to Council has taken these issues into account and further assessment is contained in this report. 1.3 Proposal Description Development consent is sought to demolish the existing building and erect a 4 storey mixed development which will comprise: Ground floor: First floor: Second Floor: Third floor: Roof: 2 retail occupancies Lobby for the residential component off O Brien Street Services: residential and commercial bin storage, toilets for the retail area, bike storage and lift well. 2 x 1 bedroom dwellings each with 2 balconies. 2 x 1 bedroom dwellings each with 2 balconies. 2 x 1 bedroom dwellings each with 2 balconies. A green roof system. 17

18 2. ASSESSMENT The following matters have been considered in the assessment of this development application under Section 79C of the Environmental Planning and Assessment Act Section 79C(1)(a) Planning Instruments State/Regional Environmental Planning Policies SEPP No.55 Contaminated Land Clause 7 of the SEPP requires Council to consider whether the land is contaminated. The applicant has advised that the site has historically been a residential area with the current building constructed over 50 years ago. Therefore the potential for contamination by past or present site activities is low. In addition no excavation is proposed therefore there will be minimal subsurface disturbance. Accordingly, there is considered to be no contamination issue given the circumstances of the case SEPP Basix 2004 A BASIX report has been provided indicating compliance with the BASIX targets. State Environmental Planning Policy No. 65 Design Quality of Residential Flat Development The application is subject to the provisions of SEPP 65. The application was referred to the Urban Design Review Panel. The comments of the Panel are contained in the Referral Section of this report. The Panel supported the proposal Waverley Local Environmental Plan 1996 Clause 3 Specific Aims The proposal is considered consistent with the Specific Aims of the LEP. Clause 10 Zone Objectives The zone objectives are: (a) To allow for retail, entertainment, tourist and commercial uses (b) To allow for residential development mixed with other permissible uses so as to encourage urban consolidation and increase the vitality of localities within this zone (c) To control the physical and functional characteristics of business centres so as to minimise their impact on neighbouring residential areas The proposal is considered consistent with the Zone Objectives of the LEP. Clauses Environmental Considerations The proposal is considered compliant with these considerations. A BASIX certificate has been submitted with the application verifying compliance with the NSW Government s requirements for sustainability. Also, the development is proposed to employ a green roof system that is endorsed. The average dwelling in the development achieves a 4.5 star rating and on average each dwelling uses 52% less cooling and 4% less heating energy than BASIX levels. 18

19 Clause 27 Floor space ratio COMPLIANCE CHECK Control Standard Proposed Compliance Floor space ratio Max 1:1 commercial (224.5m 2 ) Commercial 0.9:1 (203m 2 ) Yes Max 2:1 overall (449m 2 ) Overall 2.77:1 (622m 2 ) No (173m 2 above control) A State Environmental Planning Policy No 1 Objection has been submitted for the variation. The proposal is a reduction on the floor space ratio originally proposed in the pre-lodgement meeting. The site has a maximum overall 2:1 floor space ratio, including within that a cap of 1:1 for commercial. The commercial component is less than the 1:1 FSR maximum; however the total exceeds the 2:1 FSR. In total the development exceeds the maximum by 173m 2. The objective of the floor space requirement is: To control the size, bulk and scale of developments to reflect the existing and desired future character of the area. The applicant has submitted a SEPP 1 Objection to clause 27 of the Waverley LEP and seeks variation on the following basis: The proposed design achieves a better design outcome than that which would be achieved under the current development standards. It is considered to be a minor departure from the standard. The proposal seeks to provide a development similar in size and nature to the existing building and neighbouring developments. The proposal provides improved residential amenity to the public domain through the provision of balconies, garden terraces and landscaping. The additional FSR will not detrimentally increase overshadowing of neighbouring development. The proposed development will nevertheless meet the assumed objectives of the standard and the planning objectives for the locality. The applicant also points out in achieving the envelope envisaged by the 12m (or draft LEP and DCP 13m) height limit; a 4 storey building results. When combining the FSR control, the floor plates resulting are impractical. The applicant is of the view that to restrict the height to 3 storeys, the key site significance of the site would be lost. Having regard to the irregular shape of the allotment and its prominent location on the corner of O Brien and Hall Streets, the proposal would provide a strong element to the corner and the entrance into the lower retail/ commercial section of Hall Street. Given the unique location of the site it also results in a reduced impact to neighbouring properties. To comply with the requirement, a level of the building would be removed. This would result in a 3 storey building which when viewed in terms of the street wall to Hall Street, would be less than the anticipated 12-13m and 4 storey limits. The proposal is considered to meet the objective of the standard and for the above reasons is supported. 19

20 If approved, it is suggested a condition should be placed on any consent that the balconies attached to the dwellings are not to be fully enclosed. The balconies are designed with moving screens and these do not result in inclusion of the balconies in the floor space ratio calculation and maintain an open aspect to these sections of the building. Further, the proposal does not provide a roof terrace to O Brien Street and as such these balconies compensate for this lack of open space. Clause 28 - Height COMPLIANCE CHECK Control Standard Proposed Compliance Height 12m Up to 13.3m No (+1.3m) A State Environmental Planning Policy No 1 Objection has been submitted for the variation. The building is generally within the 13m height limit of the DCP, but over the LEP maximum at between and 12.9m in height. The roof parapet which screens the green roof extends above the height limit and results in a height variation of up to 300mm. It is noted that in the Draft LEP the height limit has been raised to 13m. The objective of the height standard is to: Ensure future development responds to the desired scale and character of the street and local area. Minimise the impact of attics and basement car parks on overall building height. Provide good residential amenity for apartments. The applicant has submitted a SEPP1 Objection to Clause 28 of the Waverley LEP. The SEPP 1 Objection suggests that the development standard is unreasonable and unnecessary for the following reasons: The proposed draft LEP height is 13m. A 12m height limit only allows a 3 storey building and a weak built form for the Key Site. The additional height is consistent with the surrounding streetscape. The roof garden provides considerable ESD benefits for both residents and the surrounding locality that exceeds Council s requirements. The height above 12.9m only includes the roof garden parapet which is setback approximately 1.5m from the boundary reducing any perceived bulk. It is considered to be a minor departure from the standard. The additional height will not detrimentally increase overshadowing of neighbouring development. The additional height improves the internal amenity of residential units and ensures the retail premises meet the relevant standards. The proposed development will nevertheless meet the assumed objectives of the standards and the planning objectives of the locality. The proposal is considered to meet the objectives of the standard and given the degree of variation, the nature of the site and minimal impact the variation would have on the surrounding area, the SEPP 1 Objection is considered well founded and supported. 20

21 Clause 45 Heritage Provisions The site is not listed as a heritage item, within a conservation area or within the vicinity of an item or conservation area. The application has been assessed having regard to the relevant provisions of the LEP and is acceptable for the reasons discussed. Draft LEP The draft LEP 2011 has been exhibited and therefore requires consideration in the assessment of this proposal. Under the draft plan, the site will be zoned B4 Mixed Use Development. The height limit of the site is proposed to be 13m and have a 2:1 floor space ratio. The proposal would marginally not comply with the future height requirements and a reduced non-compliance with the FSR due to the change in the definition and manner of assessing floor space. The site is also located in a Class 5 area is terms of Acid Sulfate Soils. A condition relating to this matter is included in the recommendation to this report Waverley Development Control Plan 2010 Part D2 Multi Unit Housing; and Part F2 Bondi Beach Development Control Area The site is within 2 Development Control Areas as per Part F2 of the DCP: Areas 11 and 26. Area 11 - (frontage to Hall Street) - the controls require a proposal to: Enhance the existing character Maintain/ develop ground floor retail Provide continuous pedestrian cover Provide roof terrace to street frontage Provide special corner treatment Building to front boundary setback 3m over 9m for part of building Minimise footpath crossings Area 26 (frontage to O Brien Street) - the controls require a proposal to: Enhance the existing character Maintain/ develop ground floor retail Provide continuous pedestrian cover Provide special corner treatment In relation to the above the proposal meets the controls of the zone, including the 3m setback after 9m for the eastern section of the building fronting Hall Street. This area is utilised as an uncovered balcony for the upper level corner dwelling. 21

22 The variations are: No roof terrace provided to the Hall Street frontage the dwellings provided in the development have substantial private balconies. This removes the need for the roof top area. As discussed in this report the proposal seeks to provide a green roof environmental solution for the roof level of the building which in itself has environmental benefits. The proposal does not provide pedestrian cover in O Brien Street for part of the building. This will be a required as a condition of any consent issued. The corner of the development is reinforced by the screening which accentuates the corner and provides a strong element on this busy corner. This will be further enforced once retail activity commences in this corner occupancy. Clause 5.8 requires where a development contains 6 or more dwellings that a mix of dwellings be provided at the rate of: 35% studio or 1 bedroom dwellings 50% 2 bedroom dwellings 15% 3 bedroom dwelling In the development 100% are 1 bedroom dwellings. This is supported on the basis of nil parking provided and the limitations set by the floor space ratio for the site. The one bedroom dwellings without parking will assist in the provision of a more affordable form of accommodation in the area. The dwelling sizes comply with the DCP. Chapter F5 Local Village Centres Generic Controls The proposal is considered consistent with the Objectives and Planning Controls of the Local Village Centres section of the DCP. The proposal is with the Public Domain Objectives of the Local Villages Section of the DCP. The variation sought is that shop 1 (corner of Hall and O Brien) has a shop front width of 12m in lieu of 9-10m. This is compensated for in the design of the shop front by the division of the glazing into bays by the introduction of heavy masonry elements. The proposal is consistent with the Built Form Objectives of the Local Village Centres DCP. The development is not in a conservation area or in the immediate vicinity of any heritage items. The proposal is considered consistent with the Building Facade Objectives of the Local Village Centres DCP. The development whilst having horizontal banding has strong vertical lines as a result of the provision of the screens. The balconies on the development are recessed or integrated into the building façade and are considered satisfactory. A condition will be applied in relation to materials of the balustrades in accordance with clause F (d). Signage has not been nominated on the building and as such will require separate approval as will the occupation of the retail component. The building services have been located off O Brien Street and are considered satisfactory. 22

23 Chapter F5 Local Village Centres Hall Street Town Centre The proposal is considered satisfactory in terms of the Desired Future Character Objectives for the Hall Street Town Centre. The proposal is considered to complement the height, scale and street rhythm and maintains the mixed use character of the area by locating shops at ground level and dwellings over. In terms of the building envelope, the DCP allows the site to be fully occupied at both ground and upper levels, subject to compliance with FSR and height. The upper level is setback 3m on the eastern corner in accordance with the DCP. Chapter I1 Land use and Transport The existing development on the site does not provide parking and similarly the current proposal does not provide parking. The site is located in Parking Area A. Parking from the development would be assessed at: Retail: Residential: 1 space per 30sqm = 4 spaces 1 space per 0.3 spaces per dwelling = 1.8 or 2 spaces 0 Visitor spaces required Bicycle parking: 7.5 (residential) + 1 retail = 9 spaces. Loading area: Not required (I1 Clause 4.0) The proposal is deficit by 6 car spaces. 9 bike spaces are provided. The applicant is seeking to vary the parking requirement in the following basis: The site is located in Parking Zone A which has high accessibility to public transport and services, is high density and prone to traffic congestion. As there are only 6x1 bedroom units proposed; only 2 car spaces are required to service the residential component of the development. Due to the existing building containing 2 retail premises and 3 residential apartments the only anticipated increase in car parking requirements and traffic generation will be from the 3 additional 1 bedroom units demanding only 0.9 (rounded to 1) additional car space. As the proposed development proposes to replace the existing 2 retail tenancies, there is no anticipated increase in on-street patron parking as a result of the proposed development. The site s dimensions prevent a suitable ramp grade, circulation space and efficient car parking layout for any potential basement level car park. There are 3 car share pods in close proximity to the site including 2 Go Get spaces on Hall Street and 1 Green Share Car on Glenayr Avenue. There are several more Go Get spaces in walking distance from the subject site. Similar types of development in Bondi have recently been approved without the provision of car parking including a larger mixed use retail and residential building at Gould Street, Bondi Beach. There is the availability of on street time restricted parking with a high visitor turnover. The high vehicle turnover of on street parks will allow for patrons to visit the retail premises for short periods of time, ensuring the peak Saturday morning demand can be accommodated as per the existing site arrangements. There are several parking stations in the locality (Swiss Grand and Beach parking) which provide for additional visitor parking to the area. 23

24 Nil onsite parking will discourage car ownership, reducing traffic congestions. Nil on street parking will ensure that sales price and apartment value will remain affordable. The development provides ESD measures beyond Council s requirements including the opportunity to promote sustainable transport options. 2 Bicycle parking areas are proposed with a total of 9 spaces. The main bicycle parking area is located on the ground floor, adjacent to the lobby and is secured. The secondary (visitor) bicycle parking area is located along O Brien Street with bicycle racks directly accessible from the street Based on only 2 residential car spaces and 4 retail spaces require, the sites proximity to public transport and services as well as the points outlined above, it is not considered that the site proposes a density servicing issue. Having regard to the above and to previous Council determinations in this regard, it is considered that if no parking is provided in the development, future residents should be discouraged from car ownership by not allowing participation in the resident car parking scheme. This should form a condition of consent, also be noted on the Section 149(2) zoning certificate and as a notation on the property title, to ensure future owners are advised in advance of purchase of the lots Other Matters Streetscape The applicant refers to the site as being a Key Site. It is agreed that the site is significant and has high visibility when travelling from the west. The DCP calls for a special treatment of the corner site, and the proposal is considered a suitable solution for the site. This location has lent support to the floor space ratio and height exceedences. The development is considered satisfactory in terms of the street wall to Hall Street and to O Brien Street. The design of the development and its streetscape contribution was assessed by the Urban Review Design review Panel who raised no design issues and gave favourable consideration to the proposal. Privacy Given the location of the site on 2 street frontages, the proposal will not result in a privacy issue to neighbouring properties. The roof is not accessible and as such this will assist with amenity to the properties in the vicinity. Safety and security The applicant has advised that the development has been designed to optimise safety and security both internally within the building and in the public domain. Also adequate lighting is provided as well as good street surveillance from the dwellings. 24

25 3 REFERRALS 3.1 External State Environmental Planning Policy 65 The application was referred to the Urban Design Review Panel, who gave the proposal favourable consideration. 3.2 Internal The Panel concluded: This is an excellent proposal, which performs particularly well in terms of SEPP 65. The proposal s architecture demonstrates intelligence, environmental performance and amenity. It can make a positive contribution to the streetscape and is a fine urban fit. Health Issues The Panel commends this fine application to Council. Council s Environmental Health Office has reviewed the proposal and advised that the application is satisfactory subject to the conditions. Waste Management Council s Environmental Manager has reviewed the proposal and advised that the application is satisfactory subject to the conditions. Vehicular Access and Traffic Council s Manager Traffic and Development has reviewed the proposal and advised that the application is satisfactory subject to the conditions. Stormwater Council s Senior Design Team Leader has reviewed the proposal and advised that further onsite detention details are required. These will be requested as conditions of consent. Building Code of Australia Compliance Council s Senior Building Surveyor (Fire Safety) has reviewed the proposal and advised that the application is satisfactory subject to the conditions. Public Domain/Tree Preservation Council s Strategic Tree Planning Officer has reviewed the proposal and advised that the two existing trees on the nature strip at the rear of the property are to be protected for the duration of the construction works. A new street tree is also to be installed in Hall Street as per the Landscape Plan Drawing DA-L101. Conditions have been imposed in this regard. In addition, a Tree Bond of $10,000 is to be lodged with Council to ensure the protection and maintenance of the street trees. 25

26 Bondi Beach Manager Council s Bondi Beach Manager has advised that the proposed new construction will be an enhancement to the streetscape in Hall St and O Brien St replacing what is now an unprepossessing and somewhat dilapidated building. Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. The proposal is considered to have a minimal and acceptable impact on the natural and built environment and no adverse social or economic impacts on the locality. Section 79C(1)(c) - The suitability of the site for the development. The site, whilst of irregular shape and presenting its own constraints, is considered suitable for the proposed development. 4. PUBLIC SUBMISSION The application was advertised for 30 days in accordance with Waverley Development Control Plan 2010, Part C3 Advertised and Notified Development. Eight (8) submissions were received. The issues raised in the submissions are summarised and discussed below. Property Location Summary of Objections 9-11 Obrien St Opposite to the north No parking provided 13 O Brien St Opposite to the north Proposal exceeds the maximum fsr and SEPP 1 Objection not well founded 6 dwellings will introduce potential conflict with nearby commercial uses such as cafes that trade till midnight An acoustic report should be required for the design to ensure external noise impacts do not affect the amenity of residents 3/64-66 Hall St Opposite to the south Asbestos in the building Use of roof terrace Solar access to solar hot water system 4/68-70 Hall St Opposite to the south Development is too high and loss of solar access to properties to the south Bulk and scale is excessive Disruption during development No parking provided 72 Hall St Opposite to the south Development too high at 4 storeys No parking provided 76 Hall St Opposite to the south No parking provided Disruption during development 26