ATTACHMENT 11 PLAN OF MANAGEMENT (19 PAGES)
5. Compliance with DCP
The proposal has been assessed against the following provisions of the DCP:
• DCP Part B Section 2 – Residential,
• DCP Part B Section 6 – Business,
• DCP Part C Section 1 – Parking,
• DCP Part C Section 3 – Landscaping, and
• DCP Part D Section 7 – Balmoral Road Release Area.
The proposed development achieves compliance with the relevant requirements of the above Development Controls with the exception of the following:
DEVELOPMENT CONTROL
DCP
REQUIREMENTS
PROPOSED DEVELOPMENT
COMPLIANCE PART C SECTION 1 – PARKING
Basement Setbacks Basement parking areas should be setback the same distance as the building above.
The proposed basement extends beyond the building footprint.
No, however the basement and associated
excavation will not have an adverse impact on the streetscape or adjoining
properties.
PART D SECTION 7 – BALMORAL ROAD RELEASE AREA
Front Setback Minimum 6 metres 5.56 metres to entry feature, 2.2 metres to bin storage area.
No, however the proposed front setbacks will not have an adverse impact on the streetscape and character of the area.
LOCAL PLANNING PANEL MEETING 17 MARCH, 2021 THE HILLS SHIRE
DEVELOPMENT CONTROL
DCP
REQUIREMENTS
PROPOSED DEVELOPMENT
COMPLIANCE Rear Setback Ground Floor: 4 metres
Upper Floor: 6 metres
4.43 metres to the upper floor balcony
No, however the proposed rear setbacks will not have an adverse impact on the amenity of adjoining
properties.
Cut and Fill Maximum 500mm cut and fill
Maximum 2.6 metres cut proposed for basement excavation, maximum 730mm fill proposed external to the building footprint
No, however the proposed
earthworks will not have an adverse impact on the amenity of the streetscape or adjoining
properties.
a) Basement Setbacks
DCP Part C Section 1 – Parking requires that basement parking be setback to the same extent as the building above. The proposed basement protrudes beyond the building setbacks (refer to Attachments 4 and 5). The applicant has provided the following justification in support of the variation:
The basement footprint extends beyond the building footprint which varies control 2.7.2 that states that basement parking should be setback the same distance as the building above.
The intent of the control is not stated, and cannot be drawn clearly from Objectives (i)-(iv) however is assumed that this is desired to enable suitable landscaping to development and avoid impacts to adjoining properties which is partly relates to (iii) that states ‘to provide appropriate parking design and layout that complements building design and function’.
The proposal still satisfies this intent given:
• The proposed achieves landscaped front setback areas and screen planting commensurate with that desired in the R2 zone for a child care proposal.
• The protrusion of the basement has no unacceptable impacts to adjoining properties and does not erode the built form or landscape outcome on the site.
Further it must be recognised that a child care centre requires additional parking beyond that of a typical residential form and the alternate is to provide at grade parking for a child care centre which is not considered to be a suitable outcome on this site when having regard to the visual impact of an at grade carpark vs the basement scheme. Therefore the basement design, despite the footprint extending beyond the building, is considered most suitable on the site when taking into account the landscape outcome proposed.
Comment:
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• To provide safe, convenient and accessible design and layout of parking areas.
• To provide suitable dimensions for all types of parking spaces.
• To provide appropriate parking design and layout that complements building design and function.
• To ensure pedestrian amenity is enhanced.
The proposed encroachment is required to facilitate the on-site parking rates as per DCP Part C Section 1 – Parking. The proposed basement will not have an impact on the streetscape and character as the subject site is adequately landscaped at the boundaries and is supported by a detailed landscape plan which provides an acceptable landscaping outcome. A dilapidation report is recommended via condition of consent to ensure that any excavation impacts are managed. It is not expected that any amenity impacts to neighbouring properties or the streetscape will arise as a result of the proposed variation. A variation to the basement setback control is considered acceptable in this instance.
b) Front Setback
DCP Part D Section 7 – Balmoral Road Release Area requires that front building setbacks be a minimum of 6 metres. The proposed front setback is 6 metres to the building line, however a setback of 5.56 metres to the entry feature and 2.2 metres to bin storage area is proposed. The applicant has provided the following justification in support of the variation:
As shown on the submitted plans the entry feature/awning does marginally encroach into the front setback in the order of approximately 500mm. This is a function of the curved front boundary of the subject site and the desire to ‘articulate’ the built form and provide a suitable covered entry noting it is only the projecting blade and roof element that marginally encroaches. This could be ‘cut back’ however it would reduce the articulation to the façade and also provide less of a covered entry which is beneficial over the main entry point.
Accordingly the proposal is considered to be appropriate and it is noted that the minor encroachment is offset by other parts of this setback alignment being greater than the minimum standard and it will not have any discernible impact in terms of bulk and scale or streetscape presentation.
The location of the bin storage has been required by Councils waste team rather than being in the basement which was originally proposed. However to limit the impact of this low height structure screen planting has been proposed in front of it to mitigate the visual impact of the bin storage area.
Comment:
The relevant objectives of this clause of the DCP are:
• To provide setbacks that complement the streetscape and protect the privacy and sunlight to adjacent dwellings in accordance with ESD objective 7.
• To ensure that new development is sensitive to the landscape setting, site constraints and desired future character of the street and locality.
• To ensure that the appearance of new development is of a high visual quality and enhances the streetscape.
The proposed front setbacks will not have an adverse impact on the streetscape and character of Parsons Circuit. The encroachment of the front porch provides articulation to the entry of the child care centre and assists in providing a legible front entry to the proposal.
The development provides an adequate landscaped outcome in the front setback with
LOCAL PLANNING PANEL MEETING 17 MARCH, 2021 THE HILLS SHIRE
screen planting and the encroachment is not expected to have an adverse impact on the streetscape of Parsons Circuit. Furthermore, it is noted that DCP Part B Section 2 – Residential permits single storey entry features and single storey porticos to encroach up to 1.2 metres of the building setback for 30% of width of a dwelling provided the design, materials, colours and construction be consistent with the dwelling. Although the proposal is not a dwelling, the proposed encroachment for the child care centre is consistent with this provision and is considered acceptable. In respect to the bin room, this is a low scale structure that will be approximately 1.2 metres high above finished ground level. The bin room will be obscured by screen planting and will not result in an adverse impact on the streetscape. A variation to the front setback control is considered acceptable in this instance.
c) Rear Setback
DCP Part D Section 7 – Balmoral Road Release Area requires that rear building setbacks be a minimum of 4 metres to the ground floor, and a minimum of 6 metres to the upper floor.
The proposed upper floor rear setback is 4.43 metres to the upper floor.
The applicant has provided the following justification for the variation:
Given the corner location and irregular rear boundary, there are point encroachments to the rear boundary setback to a portion of the upper level outdoor play area. Given this is interfacing with the drainage corridor there are no amenity impacts and as such is reasonable and suitable on this site and in this context.
Comment:
The relevant objectives of this clause of the DCP are:
• To provide setbacks that complement the streetscape and protect the privacy and sunlight to adjacent dwellings in accordance with ESD objective 7.
• To ensure that new development is sensitive to the landscape setting, site constraints and desired future character of the street and locality.
• To ensure that the appearance of new development is of a high visual quality and enhances the streetscape.
The proposed non-compliance with the rear setback control is considered acceptable, as the non-compliance will not result in unacceptable privacy, overshadowing and bulk and scale impacts on adjacent properties. The proposal adjoins Strangers Creek and Fairway Drive at the point of the non-compliance and there are no adjoining residential properties at this location. A variation to this control is considered acceptable in this instance.
d) Cut and Fill
DCP Part D Section 7 – Balmoral Road Release Area permits a maximum cut and fill of 500mm. The proposal results in a maximum 2.6 metres cut proposed for basement excavation, and a maximum 730mm fill proposed external to the building footprint.
Comment:
The relevant objectives of this clause of the DCP are:
• To ensure that dwellings are designed with regard to the site conditions and minimise the impact on landform.
The proposed cut and fill is proposed in order to reasonably develop the site and provide
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unreasonable impacts are expected as a result of the proposed cut. The DCP states that excavation in excess of 1 metre may be permitted, subject to there being no adverse effect on the adjoining owners and the submission of structural engineering details of retaining walls with the Development Application.
Up to 730mm of fill is proposed, which is primarily located along the Parsons Circuit frontage. Considering the location of the proposed fill, no unacceptable amenity impacts to neighbouring properties are expected as a result of the proposed fill. A condition of consent will be imposed restricting the height of the front fence to 1.2 metres inclusive of any retaining walls. Therefore, the fill along the Parsons Circuit frontage will not be visible from the public domain. Fill located along the northern boundary is limited to a maximum of 540mm, contained by proposed retaining walls. This variation is minor and will not have an adverse impact on the amenity of the adjoining property to the north. The proposal is consistent with the objectives of the control and the variation is considered satisfactory in this instance.