The proposal has been assessed against the provisions of the DCP, particularly Part B Section 2 – Residential.
The proposed development achieves compliance with the relevant requirements of the above DCP with the exception of the following.
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PAGE 168 DEVELOPMENT
CONTROL PROPOSED
DEVELOPMENT COMPLIANCE
2.13.1 (c) – The minimum depth of lots where a dwelling is permissible is 27m. Except for land zoned E4 Environmental Living where the minimum frontage is 50m.
All lots comply with this control with the exception of the northern boundary of lot 10.
No, variation acceptable
Control 2.13.2 (a) – The site must be capable of providing a building platform of at least 20 metres by 15 metres. The platform shall be sited in an accessible and practical location and on relatively flat terrain with stable soil and geology.
All lots comply with this control with the exception of the indicative building platforms provided for lots 1 and 10, which do not meet the dimension requirements however are able to meet the area requirement (namely 15 by 20m being 300m2).
No, variation acceptable
Part B Section 2 –
Residential Sheet 20 The extension of Larissa Avenue within the site is provided for as required under the DCP; however the intersection with Oratava Avenue varies slightly from the DCP alignment.
No, variation acceptable
Comments:
2.13.1 (c) – Lot Depth
The applicant has requested a variation to Control 2.13.1 point (c) of the DCP relating to the minimum lot depth requirements. The DCP stipulates that the minimum depth of lots where a dwelling is permissible is 27 metres. Proposed lot 10 is able to comply with this requirement along the southern boundary of the lot; however the northern boundary of the lot is approximately 20.32 metres and therefore does not meet the depth requirements due to the slightly irregular shape of the lot.
The alignment of Larissa Avenue fronting the site means that proposed lot 10 generally reduces in depth from the southern to the northern boundaries, where it adjoins the existing lot boundaries and ties into the existing portion of Larissa Avenue.
In order to address this non-compliance, an indicative building platform was provided for the proposed lots, including lot 10. The building platform, whilst not able to achieve the minimum dimension requirements (as discussed further below), is still able to achieve the quantum requirement of 300m2 and provides a reasonably sized building envelope. Despite the lot depth non-compliance, proposed lot 10 is still able to achieve a building platform that is reasonably sized and maintains compliance with the setback requirements. Given that the lot depth will not otherwise prevent a dwelling house to be achieved on the lot, the non- compliance is considered reasonable in this instance. Notwithstanding this, the indicative
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PAGE 169 building platform has been conditioned to become a restriction on the title to guide any future development of a dwelling house on the lot.
2.13.2 (a) – Building Platforms
The applicant has requested a variation to Control 2.13.2 point (a) of the DCP relating to the minimum building platform requirements. The DCP stipulates that each lot must be capable of providing a building platform of at least 20 metres by 15 metres and shall be stied in an accessible and practical location and on relatively flat terrain with stable soil and geology.
The proposal includes indicative building platforms over each proposed lot; however the indicative envelopes for proposed lots 1 and 10 do not meet the minimum dimension requirements.
The building platform for proposed lot 1 is irregular in shape due to its position on the bend of Oratava Avenue and varies in its dimensions, with the shortest dimension being approximately 12.38m. The building platform for proposed lot 10 also varies in its dimensions, with the shortest dimension being 8.55m due to the setback requirements and alignment of Larissa Avenue. Both lots are able to achieve at least one of the required dimensions.
Despite the building platforms not meeting the dimension requirements; each lot is still able to achieve the quantum in that they are able to provide at least 300m2 for a future dwelling (i.e. 15m by 20m provides a building area of 300m2). The indicative building platforms are otherwise sufficiently sized and provide reasonable dimensions to enable a future dwelling house to be constructed on the lots. Given that the building platforms are suitably sized, the variation is considered reasonable in this instance.
Sheet 20 – DCP Roads
Residential Map Sheet 20 within Part B Section 2 of the DCP indicates a future road/
extension of Larissa Avenue over the subject site, connecting the existing part of Larissa Avenue to Oratava Avenue. The proposed development includes the full width construction and dedication of this portion of Larissa Avenue as public road, however seeks to realign the southern portion of the DCP road within the site where it connects to Oratava Avenue.
Council’s adopted DCP road alignment for Larissa Avenue has the road joining Oratava Avenue at the apex of the bend, further west from its current proposed location. It is estimated that Council DCP road alignment is approximately 5m west of the proposed road alignment.
As part of the assessment process, Council staff required for this proposed realignment to be addressed and considered with respect to the relevant Australian road design standards and Council’s design guidelines. A Traffic Assessment Report was submitted by the applicant to provide an assessment of the proposed road realignment which included an assessment of sightline distances.
The Traffic Assessment Report was reviewed by Council’s engineer and it was noted that the proposed road realignment was able to demonstrate compliance with the relevant sight distance requirements with respect to the speed limit along Oratava Avenue. A condition of consent has also been imposed requiring a Road Safety Audit to be conducted prior to the issue of a Subdivision Works Certificate to allow for a formal examination of the proposed road by a registered Road Safety Auditor.
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PAGE 170 In light of this, the proposed variation to the road alignment is considered reasonable in this instance (subject to compliance with the relevant conditions).
Other Relevant DCP Considerations:
Earthworks
Section 2.14.7 outlines controls relating to cut and fill, however these controls are more so designed to be factored into dwelling design, rather than earthworks associated with the subdivision stage. Notwithstanding this, Section 2.14.7 stipulates that fill should not exceed 1.5 metres and excavation may exceed 1m subject to there being no adverse effects on adjoining properties. These requirements have been considered as part of the application;
however the proposed earthworks have been considered more so on merit.
The proposed development includes cut up to 3 metres and fill up to 1 metre. A majority of the earthworks/ the greatest extent of earthworks occur where proposed lots 1 to 7 are located, where a majority of the cut over the site is proposed. Relatively minor earthworks are proposed over the other lots, however generally do not exceed more than 500mm fill or 1.5 metres of cut. A majority of the cutting occurs internally to the site, with the exception of that proposed to the rear of lots 1 to 7 as discussed above.
Several submissions raised concern with regards to the extent of earthworks and the impacts on adjoining properties in relation to privacy, retaining walls and stormwater. As part of the assessment process, the applicant was requested to amend their earthworks to ensure that the proposed levels of the lots would not create any significant level differences which may generate privacy impacts or result in retaining walls along the boundaries with adjoining properties.
The amended earthworks plan (Attachment 11) is considered reasonable in this instance and is unlikely to create impacts on stormwater or adjoining properties. Any additional earthworks relating to future dwellings on the lot will be assessed in accordance with the DCP controls or the exempt criteria established under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Corner Lot Setbacks
Control 2.14.1 (d) of the DCP stipulates the development on corner allotments, with no frontage to classified roads, shall have regard to the streetscape of both street frontages and may provide a setback of not less than 6 metres for the primary frontage and 4 metres to a secondary road frontage.
As part of the assessment of the application, Council staff raised concern in relation to the indicative building platform for proposed lot 1 and the secondary setback from Oratava Avenue. Whilst lot 1 is not specifically a corner lot, it still provides two lots frontages due to the bend of Oratava Avenue adjoining the lot. The prevailing setback pattern along Oratava is typically greater than 4 metres, and therefore it was requested that a 6m setback from Oratava Avenue was provided for the secondary boundary of proposed lot 1. The 6m setback is greater than what is stipulated under Control 2.14.1 point (d) however the increased setback provides a better outcome for any future dwelling on the lot as it will help preserve the existing street character along Oratava Avenue, and further improve sightlines for vehicles turning in and out of Larissa Avenue.
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PAGE 171 The plan of constraints which outlines the building platforms (Attachment 8) identifies a 6m setback is utilised for the secondary boundaries, however the plan itself has not correctly demonstrated this for the indicative building platform for lot 1. A condition of consent has been imposed creating the indicative building platform as a restriction over lot 1, and an additional condition has been imposed requiring the building platform to be amended to illustrate the 6m secondary setback to Oratava Avenue for lot 1.