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ITEM-3 DA NO. 1024/2015/HB - PROPOSED ADDITIONAL 16 X 2 BEDROOM UNITS WITHIN AN ADDITIONAL LEVEL IN BLOCK "A" OF AN APPROVED RESIDENTIAL FLAT DEVELOPMENT- LOT 3 DP 1158967 & LOT 100 DP 1128357 - 23-25 NORTH ROCKS ROAD, NORTH ROCKS
THEME: Balanced Urban Growth
OUTCOME: 7 Responsible planning facilitates a desirable living environment and meets growth targets.
STRATEGY: 7.2 Manage new and existing development with a robust framework of policies, plans and processes that is in accordance with community needs and expectations.
MEETING DATE: 27 OCTOBER 2015 COUNCIL MEETING
GROUP: ENVIRONMENT AND PLANNING
AUTHOR: DEVELOPMENT ASSESSMENT CO-ORDINATOR CLARO PATAG
RESPONSIBLE OFFICER: MANAGER DEVELOPMENT ASSESSMENT PAUL OSBORNE
EXECUTIVE SUMMARY
Council at its meeting on 23 September 2014 adopted amendments to the Target Site DCP to include 23 North Rocks Road, North Rocks into the Target Site and allow the transfer of the approved 16 units at 23 North Rocks Road to the top of Block “A” of the approved residential flat development at 25 North Rocks Road. This development application is for the construction of the 16 units on the top of Block A. No 23 North Rocks Road will be turned into a landscaped buffer and the development consent for 16 units on that site has been surrendered.
The proposed development has been assessed having regard to the relevant provisions of the LEP, amended Target Site DCP and DCP 2012 Part B Section 5 – Residential Flat Buildings in relation to unit mix and sizes and is considered to be satisfactory. The proposal also satisfies the recommended internal and external areas in SEPP 65 Residential Flat Design Code (RFDC).
The application has been notified and advertised in local paper and received two (2) submissions. Issues raised in the submissions relating to height, views, construction hours, impacts on the nearby heritage listed item, streetscape and traffic are addressed in the report and do not warrant refusal of the application.
The Development Application is recommended for approval subject to conditions.
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BACKGROUND MANDATORY REQUIREMENTS
Applicant: Rainbowforce Pty
Ltd 1. LEP 2012 – Permissible with
consent.
Owner: Rainbowforce Pty
Ltd 2. DCP 2012 Part D Section 9 – 23-25 North Rocks Road, North Rocks – Complies.
Zoning: R4 High Density
Residential and SP2 Infrastructure
3. Section 79C (EP&A Act) – Complies.
Area: 18,398m2 4. State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development – Complies.
Existing Development: Residential flat building complex under construction
5. Section 94 Contribution -
$37,112.00
SUBMISSIONS REASONS FOR REFERRAL TO COUNCIL
1. Exhibition: Yes, 14 days.
2. Notice Adj Owners: Yes, 14 days. 1. Variation to the applicable building height standard in LEP 2012 at the time of lodgement greater than 10%.
3. Number Advised: Forty-seven (47) 4. Submissions
Received: Two (2) POLITICAL DONATION - Yes
HISTORY
08/04/2008 Development Application No. 1137/2007/HC for the construction of 299 apartment units in three (3) apartment buildings, 5-10 storeys in height, with 4-6 levels of basement car park containing 735 off-street car parking spaces at 25 North Rocks Road, North Rocks approved by Council’s Development Assessment Unit as a deferred commencement consent.
The deferred commencement conditions included the creation of a right of carriageway over the adjacent lots in favour of the subject site to contain the future access road and pedestrian connection to North Rocks Road, approval from Parramatta City Council for external road works on the corner of Church Street and North Rocks Road (i.e. widening of the left turn slip lane along North Rocks Road near Windsor Road/Church Street), separate development approval for the bridge and riparian corridor enhancement works, asbestos removal and creation of a drainage easement over the adjoining downstream property.
16/09/2008 Class 1 Appeal upheld by the Land and Environment for the deletion of a deferred commencement condition in relation to creation of a drainage easement over the adjoining downstream property as the applicant has purchased a portion of the land
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owned by the Department of Education (Northmead High School) to satisfy Council’s stormwater drainage requirements.
20/06/2011 Operative Development Consent No. 1137/2007/HC issued to the applicant as the remaining deferred commencement conditions have been satisfied by the applicant, i.e. creation of a right of carriageway over the adjacent lots, approval from Parramatta City Council dated 7 May 2008 for external road works on the corner of Church Street and North Rocks Road, development consent granted for the bridge and riparian corridor enhancement works via DA 1689/2010/HC, and submission of a satisfactory site validation report in relation to asbestos removal.
06/03/2012 Development Application No. 339/2012/HC for the construction of a 4-storey apartment building containing 16 units at 23 North Rocks Road, North Rocks approved by Council’s Development Assessment Unit as a deferred commencement consent.
The deferred commencement condition required the completion of the private road and bridge required to provide suitable vehicular access to the site to the satisfaction of Council and the NSW Office of Water prior to the issuing of an operative consent.
15/05/2012 Section 96(2) application (DA 1137/2007/HC/A) to modify the apartment development approved by Council’s Development Assessment Unit. The modification included the reduction in the number of basement car parking levels from six to three levels to provide a more efficient car parking arrangement and significantly reduce the depth of excavation. The modification resulted in the provision of an additional 34 parking spaces increasing the total number of parking spaces from 735 to 769 car parking spaces.
18/04/2013 Section 96(1A) application (DA 1137/2007/HC/B) to modify the conditions relating to payment of long service levy (Condition 36(f)), Section 94 contributions (Condition 51), landscape bond (Condition 57) and security bond for protection of public assets (Condition 65) approved under delegated authority.
25/06/2013 Section 96(2) application (DA 1137/2007/HC/C) to modify the residential flat development approved by Council’s Development Assessment Unit. The modification introduced 13 additional units within the approved building envelope and modified the unit mix for each approved level. The total yield increased from 299 to 312 dwelling units comprising 32 x 1 bedroom, 232 x 2 bedroom and 48 x 3 bedroom dwelling units.
13/12/2013 Construction Certificate No. 173/13 issued by Dix Gardner Group Pty Ltd.
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23/04/2014 Section 96(1A) application (DA 1137/2007/HC/D) to modify the residential flat development approved under delegated authority. The modifications include amendments to the design and layout of basement levels with respect to vehicle access ramps, circulation and parking layout, deletion of 2 lifts in Block B, deletion of 12 surplus parking spaces and increase the number of visitor parking spaces from 124 to 132 spaces, and phasing of the landscaping works to coordinate with the construction staging.
23/09/2014 Council resolved at its Ordinary Meeting to adopt amendments to The Hills Development Control Plan 2012 Part D Section 9 – Target Site, 23-25 North Rocks Road, North Rocks. The amendments aim to facilitate the amalgamation of 23 and 25 North Rocks Road, North Rocks as a combined target site, and to provide controls to guide future development. The amendments will provide for a stepped built form and the landscaped treatment of land adjacent to James Ruse Drive.
07/10/2014 Amended DCP 2012 Part D Section 9 – Target Site, 23-25 North Rocks Road, North Rocks came into force.
20/02/2015 Subject Development Application lodged.
04/03/2015 Letter sent to the applicant requesting a supplementary statement addressing the existing LEP building height control of 16 metres accompanied by a written justification as required under clause 4.6(3) of LEP 2012.
A further letter was also sent requesting a complete numbering schedule for all units (Blocks A, B C), including proposed additional units, together with associated plan marked with proposed unit numbers.
06/03/2015 Revised Statement of Environmental Effects submitted by the applicant.
09/03/2015 Letter sent to the applicant requesting additional waste management information, i.e. submission of amended floor plans to clearly show and identify the chute rooms.
13/03/2015 Amended plans submitted by the applicant in relation to waste management.
07/04/2015 Letter sent to the applicant requesting additional engineering information in relation to flooding and on site detention.
It was also requested to confirm in writing if the Office of Water requirements for DA 1137/2007/HC remain as previously approved as a result of this proposal and to surrender the development consent issued for 23 North Rocks Road (DA 339/2012/HC).
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07/04/2015 Supplementary statement addressing the existing LEP building height control received from the applicant.
20/04/2015 Additional engineering information submitted by the applicant.
24/04/2015 Letter sent to the applicant seeking clarification regarding unit mix and assessment of the unit sizes against the Residential Flat Design Code.
28/04/2015 Additional information regarding unit mix and unit size submitted by the applicant.
17/07/2015 Housekeeping amendments to LEP 2012 gazetted which include correction of the maximum allowable building height for the subject site from 16m to 36m.
12/08/2015 Meeting held with the applicant to discuss the proposed height variation.
13/08/2015 Development Consent No. 339/2012/HC surrendered by the applicant.
14/08/2015 Revised elevation and section drawings showing the extent of height variation to the LEP received from the applicant.
25/08/2015 Letter sent to the applicant seeking confirmation if the proposed additional level and units have already been constructed.
25/08/2015 Email sent to the applicant requesting written confirmation if the proposed additional level and 16 units have not been carried out.
31/08/2015 Architectural and structural certification for the construction of the upper level to Block A received from the applicant.
10/09/2015 BASIX Certificate received.
PROPOSAL
The proposal is for construction of 16 additional units, comprising 15 x 2 bedroom and 1 x 1 bedroom units within Block “A” of a residential flat development currently under construction at No. 25 North Rocks Road (identified as a Target Site under DCP 2012 Part D Section 9).
No. 25 North Rocks Road has an existing approval for 312 residential flat units under DA 1137/2007/HC (as amended) which is currently under construction, whilst No. 23 North Rocks Road has a separate approval for a 4-storey residential flat building containing 16 units consisting of 15 x 2 bedroom and 1 x 1 bedroom units under DA 339/2012/HC.
Amendments to the DCP were adopted by Council at its Ordinary Meeting of 23 September 2014, to facilitate the incorporation of a parcel of residual land (3,787m2) at 23 North Rocks Road, North Rocks into the Target Site and allow the transfer of the approved 16 units at 23 North Rocks Road on top of Block “A” of the approved residential flat development at 25 North Rocks Road subject to additional controls for the
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amalgamated Target Site which include a 12 storey stepped arrangement in Block “A”.
The amendments to the DCP came into force on 7 October 2014.
Five additional units are proposed to be located on the approved Level 10 and the remaining 11 additional units directly above to create Level 11 (12th storey) on top of Block “A” which achieves the stepped built form envisaged in the amended Target Site DCP.
Blocks B and C are not affected by this Development Application and will remain as originally approved. No additional parking spaces are proposed as there are sufficient surplus parking spaces within the approved apartment development at 25 North Rocks Road to cater for the additional 16 units.
It is also proposed to extend the lift cores to serve the new units with a resultant 2m rise in the RL of the approved lift overruns.
Other components of the proposal include 2 additional loading docks, a pedestrian set down area, improvements to the pedestrian entry and a landscape plan that encompasses the enlarged site.
ISSUES FOR CONSIDERATION
1. Compliance with SEPP No. 65 - Design Quality of Residential Flat Development
The Development Application has been assessed having regard to the design quality principles outlined in SEPP 65 and Urban Design Guidelines adopted by Council on 4 September 2001. The merits of the application in terms of urban design and the relationship to the site constraints are: