City of Charles Sturt (cid:9) 1. (cid:9) DAP Report 15/05/13 TO: (cid:9) Development Assessment Panel FROM:(cid:9) Manager Planning and Development DATE:(cid:9) 15 May 2013 WOODVILLE WARD ITEM 3.24 8 — 14 APPRENTICE STREET ST CLAIR Applicant AV Jennings Ltd Application No 252/0692/13 Proposal Eight two-storey row dwellings with associated carports & garages & one mews dwelling Owner of land St Clair JV Nominee Pty Ltd Zone Residential Zone - Cheltenham Park Policy Area 22 Form of assessment Merit Public notification category Category 1 Representations N/A Agency consultations Nil Author John Tarasiuk - Development Officer -Planning Attachments a. Development Plan Provisions Table b. Application documents Development Plan 5 July 2012 Recommendation Approval with conditions City of Charles Sturt (cid:9) 2. (cid:9) DAP Report 15/05/ 13 Report Proposal The application seeks approval to construct eight two storey row dwelling facing the reserve with associated carports and garages facing Apprentice Street and a mews dwelling above the garages. The dwellings are of a modern design featuring flat roofs with parapet walls facing the street. A mix of façade treatments includes face brick and lightweight cladding, large aluminium windows and sunshades above the front entries. Dwelling 1 Dwelling 2 Dwelling 3 Dwelling 5 DP DP & 4 provisions Provisions Met? Site Area 118 97 97 96 n/a n/a (m2 ) Frontage 4.78 3.75 3.75 3.75 n/a n/a Width_(m) Building 6.37 6.37 6.37 6.37 8.2 Yes Height_(m) Front 1.7 1.7 1 1 1 Yes Setback_(m) Side Setback 905mm Walls Walls Walls 2 (for end no (m) Abutting Abutting Abutting dwellings) Rear Setback nil nil nil nil nil Yes (m) Private Open 30 24 26 23 20 Yes Space_(m2 ) Parking 1 1 1 1 1 Yes Spaces Dwelling 6 Dwelling 7 Dwelling 8 Dwelling 9 DP DP (Mews) provisions Provisions Met? Site Area 99 97 119 n/a n/a n/a (m2 ) Frontage 3.75 3.75 5 n/a n/a n/a Width_(m) Building 6.37 6.37 6.37 6.37 8.2 Yes Height_(m) Front 1 1.7 1.7 n/a 1 Yes Setback_(m) Side Setback Walls Walls 1.13 nil 2 (for end no (m) Abutting Abutting dwellings) Rear Setback nil nil nil nil nil Yes (m) City of Charles Sturt (cid:9) 3. (cid:9) DAP Report 15/05/13 Dwelling 6 Dwelling 7 Dwelling 8 Dwelling 9 DP DP provisions Provisions Met? Private Open 23 21 24 12 20 & 11 Yes Space (m2) (mews) Parking 1 1 1 1 1 Yes Spaces Site/Locality The subject allotment is a relatively flat vacant site with an area of approximately 870m 2 and a 32.25m frontage to Apprentice Street. The locality is predominantly residential with a mix of dwelling types and densities. Much of the surrounding land is still vacant, however many are in the process of being developed. The site abuts a public reserve and the greenway to the south and west and is approximately 230m from the proposed St Clair Railway Station and St Clair Shopping Centre. - (cid:9) City of Charles Sturt (cid:9) 4 DAP Report 15/05/13 Site and Locality Plan / - L.i: tLmrr: ---g- • j (cid:9) - (cid:9) 4 S(cid:9) I. : • I. - A (cid:9) I. ;1j-1 41 \ own AbAL Subject Site shown in blue and Locality in red City of Charles Sturt (cid:9) 5. (cid:9) DAP Report 15/05/13 Internal Consultation Department/Staff Response Traffic Mark Pierson Relocated street lighting to comply with - AS1158.3.1. Street trees to be relocated. Development Assessment The proposal is neithera complying nor non-complying form of development and must be considered on its merits against the relevant provisions of the Development Plan. The Development Act 1993 provides that a Planning Authority is to have regard to the relevant provisions of the Development Plan in assessing development proposals. Attachment A contains a comprehensive list of all Development Plan provisions considered relevant to the proposal. A comprehensive assessment against the relevant provisions of the Development Plan has been undertaken within Attachment A. Where compliance with a particular Development Plan provision requires further discussion, it has been outlined in further detail below. Land Use The Desired Character Statement for the Policy Area envisages a range of dwellings types including medium to high density row dwellings and residential flat buildings located adjacent large public reserves, public transport routes, local shops and public facilities. The site directly abuts a large public reserve to the south and west. The site is also within close proximity (approximately 230m) of the proposed St Clair train station and St Clair shopping precinct off Cheltenham Parade. The proposed high density residential development is therefore considered to be an envisaged land use within the Policy Area. Visual Appearance/Built Form/Landscaping The proposed development provides a high standard of architectural design with a range of building colours and materials to avoid extensive areas of uninterrupted walling facing an area exposed to public view. The development achieves the required area of open space for each dwelling as indicated in the quantitative tables. Whilst the proposed side setback of dwelling 1 is less than the 2m sought by the Development Plan, it is considered acceptable as it maintains a separation from adjoining allotments to the north of the site. Given the orientation of the allotments, the lesser side setback will also not result in any overshadowing impacts. Overall the design of the development, high level of articulation and interface with large public open space is consistent with the Desired Character for the locality and presents a suitable built form oulcome. City of Charles Sturt (cid:9) 6. (cid:9) DAP Report 15/05/13 Overshadowing The site adjoins a residential property to the north. Whilst the upper level setback does not achieve the 2m minimum upper level setback, the site is south of the adjoining residential site and therefore will not overshadow this land. Furthermore, overall height for the built form is below the 8.2m allowed for in the building envelope thereby further reducing the overshadowing impacts. It is therefore considered that the proposed development will not have unreasonable overshadowing impacts to any adjoining residential properties. Overlooking The front upper level windows and side windows and balcony on the mews dwelling have been designed with no obscure glazing to maximise passive surveillance over the adjoining reserve areas and public road. The side and rear upper level windows for all row dwellings are provided with 1.5m high windows or obscured glazing, which minimises overlooking over the adjoining residential dwellings. It is considered that the proposed dwellings have been designed to adequately address overlooking, whilst allowing for maximum surveillance over public areas. Environmentally Sensitive Design Overall the St Clair development is designed to promote medium, to high density development close to public transport. This has a number of environmental benefits including reduced urban sprawl and decreased vehicle dependence. The proposal also includes use of the purple pipe system which involves recycling of stormwater. Under the Building Code, the development will also be required to achieve a 6 star energy rating. The west facing windows are designed with 'Comfort Plus Glazing' to assist with railway noise and energy efficiency. The applicant has provided an acoustic engineers report prepared by Sonus that outlines that the dwellings can be appropriately treated to meet the Ministers Specification for noise. When considered in context with the intention of the overall St Clair development the proposal, as a whole, is considered to successfully address the environmental sensitive design provision. Traffic Management and Parking Table ChSt/2 requires that two bedroom dwellings within 1km of a District Centre Zone be provided with an average of 1 on-site parking space per dwelling. The row dwellings do not require on site visitor parking spaces, however the loft apartment requires 0.25 visitor parking spaces. City of Charles Sturt (cid:9) 7. (cid:9) DAP Report 15/05/13 The site is provided with one undercover parking space per dwelling. Whilst 0.25 of a visitor space is required for the mews apartment, this is not considered a significant shortfall and hence the dwellings are considered to meet the required parking requirements. It is also noted that the site is within close proximity of the future train station and is therefore by its definition a transport orientated development. Crime Prevention The proposed development is designed to overlook the public reserves and spaces surrounding the site. This is in 'line with the provisions of Council's Development Plan regarding crime prevention which encourages development which overlooks public streets and reserves. Waste Management The bins are proposed to be picked up from the driveways of each dwelling. This is considered appropriate by Councils Environmental Management Officers given the nature of the site and the limited alternatives. The rear yards provide sufficient space for storage of Councils three bin system. Waste storage and collection has adequately been addressed by the developers. Site Contamination As part of the Precinct 3 land division which created this allotment (Development Application 252/2084/09) site contamination issues on this site were identified and addressed. No further information is required in this regard and the site is suitable for the intended use. rnnrl. icinn This application has been assessed against the Charles Sturt Development Plan dated 5 July 2012. The proposed development is consistent with the desired character statement for this locality, in terms of both the type of dwellings and the appearance of the dwellings. The development is considered to provide adequate setbacks, private open space and on site and carparking. Overlooking has been addressed whilst still allowing for maximum passive surveillance over the adjoining public land. For these reasons the proposed development is considered to adequately comply with the relevant Development Plan Provisions and hence warrants the granting of Development Planning Consent. City of Charles Sturt (cid:9) 8. (cid:9) DAP Report 15/05/13 Recommendation A. Reason for Decision The Panel has read and considered the report prepared by the Development Officer, Planning dated 15 May 2013 and agrees with the assessment outlined in that report. B. That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not seriously at variance with the relevant provisions of the Charles Sturt (City) Development Plan consolidated 5 July 2012. C. That pursuant to Section 33 of the Development Act, 1993, Development Application Number 252/692/13 be GRANTED Development Plan Consent subject to the following conditions: 1. Develop in accordance with the approved plans That the proposal shall be developed in accordance with the details and approved plans stamped by Council except where varied by the conditions herein and shall be completed prior to occupation of the proposed development. Reason: (cid:9) To ensure the development proceeds in an orderly manner. 2. 1.5 metre high sill height That the rear upper storey windows shall have a minimum 1.5 metre high sill height above the finished floor level or have translucent glass/film to a minimum height of 1.5 metres. The translucent glass/film windows shall be fixed or be provided with awning sashes that do not exceed an open distance of 200mm. Reason: (cid:9) To minimise the impact on adjoining residents. Note: (cid:9) With respect to this condition other forms of screening can be used as long as it can be demonstrated to Council that such screening will prevent overlooking. However, should you wish to use an alternative screening method you are required to lodge an application to vary the above condition. 3. Stormwater be directed away from neighbouring properties All stormwater runoff shall be directed away from neighbouring properties. Reason: (cid:9) To ensure stormwater is disposed of in a controlled manner. City of Charles Sturt (cid:9) 9. (cid:9) DAP Report 15/05/13 4. Stormwãter Condition All stormwater from buildings and paved areas shall be disposed of in such a manner that it does not result in the entry of water into a building or affect the stability of a building. Reason: (cid:9) To ensure the development proceeds in an orderly manner. 5. Acoustic Treatments That all works are undertaken in strict accordance with the Sonus report dated April 2013 number S261106. Reason: (cid:9) To ensure dwellings are appropriately noise attenuated. Notes 1. The applicant is reminded of its general environmental duty, as required by Section 25 of the Environment Protection Act, to take all reasonable and practical measures to ensure the activities on the site, including during construction, do not pollute the environment in a way which causes or may cause environmental harm. This includes being mindful of and minimising off site noise, dust and vibration impacts associated with development. Construction noise can cause nuisance to nearby residents and therefore activities which include the operation of machinery need to be restricted to between 7.00am and 7.00pm Monday to Saturday and if necessary on Sunday between 9.00am and 7.00pm to minimise potential for noise complaints. Construction must be undertaken in accordance with Division 1 of Part 6 of the Environment Protection (noise) Policy 2007 at all times. Heavy vehicles accessing the site should avoid residential streets wherever possible. 2. This consent does not give you authorisation to commence the abovementioned work until your plans which are currently with Council have been assessed for Building Rules consent. Once these plans have been assessed you will be issued with a final Development Approval. 3. Before proceeding with this proposal, you are required to seek Building Rules Consent pursuant to the provisions of the Development Act, 1993. 4. All allotments in this division will be connected to a recycled water system, in additional to the normal mains water supply. As part of the encumbrance, installation of a connection to what will be the recycled water system (called the purple pipe system) is required at the time of the construction (with mains water to be supplied until recycled water is available). This should be shown in the approved plans for Development Approval. City of Charles Sturt (cid:9) 10. (cid:9) DAP Report 15/05/13 5. As a result of the recycled water scheme the normal 1000 litre rainwater tank requirement under the Building Rules assessment is not required. 6. The street lighting layout to be altered shall be certified as complying with AS1158.3.1 to maintain P4 lighting levels in the road reserve. 7. Plans showing the relocation details of the street trees shall be provided to Councils Open Space department. To ensure your development can now proceed without unnecessary delays please ensure the matters outlined below are properly managed. The following information outlines your obligations in relation to appropriately managing noise, dust and works effecting adjoining land (both private and public). Driveway Crossovers If you are relocating an existing driveway crossover you must remove and reinstate the old crossover to match the existing kerb profile, footpath and verge. You will require a permit to work on Council land to construct your new driveway crossover which must be constructed to Council specification. Please contact Council on 8408 1111 or refer to our website http://www.chariessturt.sa.gov.au/site/page.cfm?u=7&c=4118 for relevant specifications. Council Verges . (cid:9) Please take every precaution necessary to avoid damage to the landscaping and infrastructure present on Council verges, as you will be required to make good damage to Council property. Common boundary When removing fences that are on the common boundary with your neighbour you must give your neighbour 28 days notice in writing that you intend to remove the dividing fence. Where the neighbour has a pool, particular care must be taken to ensure the pool is not left exposed, if temporary fencing is installed the temporary fence must comply with AS 1926.1 - Swimming pool safety. We recommend that you consider the Fences and the Law booklet available on line and follow the processes outlined in the booklet. Where it is intended to erect external walls on the boundary the face of the external wall must be on the boundary. Further, barge boards, capping tiles or other fixtures on the boundary wall must not encroach upon the land of the adjoining owner. Existing fence lines may not be the true legal boundary. To avoid violation of neighbour's rights, the onus of proof of the boundary line rests with the owner of the land where the work is undertaken. This will necessitate a survey being carried out by a licensed surveyor to identify the true location of the boundary and proposed footing on the ground. You will need the neighbour's written approval to enter their land to carry out any construction.