PAGE 99 ATTACHMENT 2 – AERIAL MAP
3. Issues Raised in Submissions
The proposal was notified for 14 days and four (4) submissions were received. The issues raised in the submissions are summarised below.
ISSUE/OBJECTION COMMENT
The proposed dual occupancy is not permissible in the zone. The development is a negative impact to the surrounding land use and environment.
The land is zoned E4 Environmental Living under the provisions of the SEPP Sydney Region Growth Centres 2006. The proposed dual occupancy (attached) is a permissible form of development on land zoned E4 Environmental Living subject to development consent.
Traffic and parking concerns on the narrow The development complies with the minimum off
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ISSUE/OBJECTION COMMENT
quiet street. street parking requirements of the DCP.
The proposed driveway created along the Coleman Court access way for Dwelling 2 will increase the risk of accidents and vehicles parked along the access way.
Dwelling 1 provides two undercover parking spaces, and Dwelling 2 provides one undercover parking space. There is also sufficient space for two cars to be parked on site on the driveway at Dwelling 1. It is considered that sufficient parking is provided on site. A condition in the development consent requires all driveways to comply with Council’s driveway specifications and residential standards.
Concern over the adequacy of the electricity supply with an additional dwelling. The additional dwelling will overload the electricity supply designed for nine dwellings on the street.
It is considered that the street has adequate electricity for an additional dwelling. A standard condition of consent requires the applicant to consult with service authorities prior to the issue of a Construction Certificate.
The dual occupancy building exceeds the site coverage permitted under E4 zoning.
The dual occupancy does not comply with the controls for E4 zoned residential areas.
The subject site is located on land zoned E4 Environmental Living. The North Kellyville DCP includes provisions to allow development of E4 zoned land undertaken as a Community Title subdivision to adopt the front, side and rear setbacks, dwelling massing and siting, and landscaping provisions of the adjacent area to achieve a consistent streetscape character regardless of the underlying zoning. In this
instance applying the adjacent controls will ensure that the community title scheme has a consistent character. The development complies with the maximum site coverage controls.
The 2nd dwelling provides a single carport with insufficient room for a second vehicle.
Dwelling 2 provides one undercover parking space. Section 4.2.8 of North Kellyville DCP requires 1 car space to be provided for 1-2 bedroom dwellings, therefore the development complies with minimum car space requirements.
The 2nd dwelling carport is not considered
‘visually subservient’ and it is considered that it will be used as storage and in open view from the street. The alfresco area adjoins the carport and will be seen from the street.
The proposed carport is located behind the front building line and is integrated into the design of the building.
Concern over pedestrian safety as there is no separate pedestrian access out of Coleman Court to get to Myles Crescent.
It is considered that the proposed road and median strip provides sufficient access for pedestrians to access Myles Crescent in a safe manner.
The Hills Shire Dual Occupancy Fact Sheet states that dual occupancy buildings are prohibited in E4 zones.
The fact sheet referred to relates to an outdated Local Environmental Plan 2012 and does not relate to zoning requirements under the SEPP.
The land is zoned E4 Environmental Living under
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ISSUE/OBJECTION COMMENT
the provisions of the SEPP Sydney Region Growth Centres 2006. The proposed dual occupancy (attached) is a permissible form of development on land zoned E4 Environmental Living subject to development consent.
Concern that the street is in a high rated bushfire zone opposite Shale Sandstone Transition Forest and as the street is very narrow the emergency services will not be able to respond to an emergency with excess cars parked in the street.
The development has been assessed as BAL 29 and relevant conditions of consent are imposed subject to consent being granted to address bushfire design, construction and management.
The applicant is developing the property to obtain maximum profit and will rent out the dwellings to residents who do not maintain a high standard of living.
Profit is not a matter for consideration under Section 4.15 of The Environmental Planning and Assessment Act 1979.
There is no side boundary fence running parallel to Coleman Court which may result in possible break and enters/vandalism in the street.
No evidence is provided to substantiate this claim.
A dwelling at No. 6 Coleman Court has been recently approved under DA
1197/2020/LD, with Condition No. 6 stating that a Dual Occupancy is not permitted.
On 1 September 2020, Development Consent No.
1197/2020/LD was approved for a two storey dwelling and retaining walls at No. 6 Coleman Court. A dual occupancy development was not proposed under this application.
Due to an objector raising concern over the generous size of the dwelling and potential use as a dual occupancy, condition No. 6 was
recommended in the consent as follows:
6. Restriction on Building Use
The site is not to be used or converted for use for separate habitation, dual occupancy, commercial or industrial purposes.
Notwithstanding the above, it is noted that the subject proposal for a dual occupancy (attached) is a permissible form of development on land zoned E4 Environmental Living under the provisions of the SEPP Sydney Region Growth Centres 2006 subject to development consent. In this regard, permissibility cannot be used as grounds for refusal for the subject application.
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PAGE 115 4. Internal Referrals
The application was referred to following section of Council:
x Section 7.11 x LIS
x Subdivision Engineer
No objection was raised to the proposal subject to conditions.
CONCLUSION
The Development Application has been assessed against the relevant heads of consideration under Section 4.15 of the Environmental Planning and Assessment Act, 1979, State
Environmental Planning Policy (Sydney Region Growth Centres) 2006 and North Kellyville Precinct Development Control Plan 2018 and is considered satisfactory.
The variation to the maximum cut control under the North Kellyville DCP has been considered and addressed in the report, and will not adversely impact on the environmental amenity of the locality.
The issues raised in the submissions have been addressed in the report and do not warrant refusal of the application.
Approval is recommended subject to conditions.
IMPACTS Financial
This matter has no direct financial impact upon Council's adopted budget or forward estimates.
The Hills Future Community Strategic Plan
The proposed development is consistent with the planning principles, vision and objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed development
provides for satisfactory urban growth without adverse environmental or social amenity impacts and ensures a consistent built form is provided with respect to the streetscape and general locality.
RECOMMENDATION GENERAL MATTERS
1. Development in Accordance with Submitted Plans (as amended)
The development being carried out in accordance with the approved plans and details submitted to Council, as amended in red, stamped and returned with this consent.
The amendments in red include: - Site Plan and Ground Floor Plan amended to provide a minimum 1.8 metre high privacy screen between the carport and alfresco.
REFERENCED PLANS AND DOCUMENTS DRAWING
NO.
DESCRIPTION SHEET REVISION DATE
1987 Cover Sheet and Schedule 1 16 30/09/2020
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PAGE 116 of Colours
1987 Site Plan 2 16 30/09/2020
1987 Ground Floor Plan 3 16 30/09/2020
1987 First Floor Plan 4 16 30/09/2020
1987 Section 5 16 30/09/2020
1987 Elevations 6 16 30/09/2020
1987 Elevations 7 16 30/09/2020
1987 Roof Plan 12 16 30/09/2020
DA-1691 Landscape Plan - B 08/10/2020
No work (including excavation, land fill or earth reshaping) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required.