The private open space of the proposed development will not receive the minimum required access to the sun on June 21. The private open space of the proposed development will not receive the minimum required access to the sun on June 21. The private open space of the proposed development will not receive the minimum access to the sun by June 21. Requires direct sunlight in private Open.
The site in question is oriented north-south, with the private open space at the rear (south) of the proposed home.
Issues Raised in Submissions
During the assessment of the application, concerns were raised with the applicant regarding the lack of solar access to the rear yard. In response, the applicant amended the proposal to increase the rear setback by one meter to improve the provision of solar access to the rear yard. Concerns regarding privacy impacts due to excessive levels of finished floors of living areas and alfresco, and front balcony.
Concerns about inconsistent setbacks at the rear and concern that a setback of less than 6 feet is excessive due to the size of the house and will lead to overshadowing and privacy impacts.
Development in Accordance with Submitted Plans
The proposed development is in accordance with the planning principles, vision and objectives set out in "Hills 2026 – Looking Towards the Future" as the proposed development provides for satisfactory urban growth without adverse environmental or social amenity impacts and ensures that a consistent built form with be provided with respect. to the streetscape and general location. Plans submitted with the Construction Certificate must be amended to include the conditions of the Development Consent.
Adherence to Waste Management Plan
Management of Construction
Commencement of Domestic Waste Service
Provision of Domestic Waste Storage Area
The location is required to ensure that the bins are not visible from adjacent properties or public places, are easily accessible to prospective residents, and that the bins can be driven over flat or sloped surfaces to the street, with a maximum slope of 1: 14, and not over stairs, curbs, scenic edges or through any habitable part of the home.
External Finishes
Protection of Public Infrastructure
Building Work to be in Accordance with BCA
Air Conditioner Location
Visual and Acoustic Privacy – Obscure Glazing
Sydney Water Building Plan Approval
Approved Temporary Closet
Erosion and Sedimentation Controls
Stabilised Access Point
Builder and PCA Details Required
Erosion & Sediment Control Plan Kept on Site
Management of Building Sites – Builder’s Details
Consultation with Service Authorities
Principal Certifying Authority
Dropped Edge Beam
Compliance with BASIX Certificate
Compliance with Critical Stage Inspections and Inspections Nominated by the PCA
Roof Water Drainage
Landscaping Works
Dust Control
Protective dust nets must be placed around the perimeter of the construction site and maintained in good condition for the duration of the construction work; All dusty surfaces must be moistened and suppressed with a fine water spray. All stocks of materials that can generate dust must be kept moist or covered.
Maintenance of Landscaping Works
The adjacent plots to the south will not receive the necessary solar access, but the variation is considered satisfactory due to the subject allotment's location, level and orientation in relation to the adjacent properties. A letter was sent to the applicant on 15 May 2018 requesting that the proposal be changed so that it complies with DCP requirements in relation to setbacks, privacy and solar access. Three meetings have been held with the applicant to discuss impacts from solar energy to the two rear adjoining lots.
At two meetings held on June 15, 2018 and June 26, 2018, the applicant warned that shadowing of neighboring plots is inevitable due to the restrictions and orientation of the site in question. Council staff requested a shade diagram of the north elevation of Lot 5 (rear adjacent lot) to assess the extent of overshadowing of the private open space within Lot 5. The applicant's town planning consultant provided written justification addressing variations in solar access in reference to the principle planning for access to sunlight in The Benevolent Society v Waverley Council [2010] NSWLEC 1082.
A third meeting with the applicant was held on 20 August 2018 and Council staff requested the applicant to provide shadow diagrams of the dwelling if it was to be conceptually mirrored and located along the northern part of the site. The shadow diagrams show that the dwelling will result in similar shading on the rear adjoining lots (Lots 4 and 5) and cast over the existing shadows of the fence. It is noted that during the assessment process the applicant altered the one storey component of the design to increase the rear boundary setback from 1m to 2.5m to reduce overshadowing impacts.
The site in question is part of the approved subdivision (DA 1004/2005/ZB) consisting of seven allotments located between Evans Road and Fingal Avenue. As a result of the approved allotment works, the site concerned is higher on the ground floor than the two adjacent allotments to the south (lots 4 and 5).
Compliance with DCP Part B Section - Residential
For private open space to be assessed as receiving adequate sunlight, the size of the open space and the amount of sunlight it receives must be taken into account. It is clear that the dwelling (under construction) immediately adjoining to the south (Lot 5 in PD 1182967) and Lot 4 in PD 1182967 to the south-west of the site in question are both potentially affected by the development proposed to leave their shadow. Adequate Private Open Space to the rear (P.O.S.). While the impacts of the June 21 proposal clearly result in an additional shadow of the P.O.S.
The affected locations' ability to maintain solar access is greatly compromised by the north-south lot orientation and the relative topography, where lot 5 is approx. 2 m lower than lot 3. The possibility of increasing the side (southern) setback of the proposed dwelling, ie. pushing the new home further north was considered, but any marginal improvement in solar access for the P.O.S. Their Private Open Space, which is located on the south side of the grounds, will not gain any solar access on June 21st.
On 21 June there is no solar access to any of the ground floor living rooms, nor is it possible with the main part of the building towards the northern boundary. The applicant submitted shadow diagrams of the apartment, which is located on both the northern and southern parts of the site (see Annexes 9 and 12). The shadow diagrams show that regardless of whether the apartment is located in the northern or southern part of the city, there will be overshadowing of the rear neighboring plots.
The result of the required excavation leads to a further reduction of solar access to the private open space area. While the proposal causes overshadowing in addition to the existing shadows, it noted that the extent of the overshadowing would be similar if the dwelling were mirror image and located along the northern part of the site.
Issues Raised in Submissions
As discussed above, the subject lot contains existing site restrictions due to the topography of the site and that any dwelling within the site will result in overshadowing whether located along the northern or southern portion of the lot. The proposed dwelling consists of a flat roof which is considered a better design result for this location than a traditional gable roof as it causes less shading. The planning principle guidelines include consideration of shading caused by fences, roof overhangs and grade changes.
As the private open space of the rear adjacent lot (Lot 5) does not receive the minimum required solar access, the planning principle takes into account that the measurement of received sunlight must be taken at ground level, but the planning principle also considers that sunlight falling on the seated occupants will be sufficient. The applicant has demonstrated that the rear adjoining plot alfresco will achieve sufficient solar access at an angle between 9.00 and 12.00 on 21 June (see appendix 11). This makes it possible to use the alfresco in the morning while a resident is sitting down.
It is noted that the adjoining rear internal living room will receive solar access from 9am to 12pm on 21 June as shown on the adjoining rear north elevation Shade Diagram (refer to Attachment 11) . The applicant has submitted shade diagrams for 20 March and 22 September in which the private open space will achieve the required minimum solar access from 9am to 3pm (refer to Attachment 10). Having regard to the Planning Principle for Sunlight Access in The Benevolent Society v Waverley Council [2010] NSWLEC 1082, the proposed solar access variation is considered acceptable in this case having regard to the circumstances of the case and taking into account the topography and the orientation of the lot.
The applicant of this DA is the same builder of the neighboring dwelling and is aware of the design and the position where it is located and the solar access impact the proposed design would have on the neighbour's private open space. The Environmental Effects Statement noted that the residence was under construction at the rear, indicating that the writer was unable to "determine with any certainty the precise impacts arising from the proposal".
Internal Referrals
The applicant has submitted a revised statement of environmental effects that addresses the issues of overshadowing with relevant discussion in section 1 above.
Development in Accordance with Submitted Plans (as amended)
Construction Certificate
Building Work to be in Accordance with BCA
The design and construction of the structures listed below must be carried out in accordance with the design guidelines of the Subdivisions/Developments Council and Subdivisions/Developments Works Specifications. Works on existing public roads or any other land under the care and control of the Council must be approved and inspected by the Council in accordance with the Roads Act 1993 or the Local Government Act 1993. List of Council Fees and Charges.
The entire construction site area must be graded, collected and drained by pits and pipes to the appropriate point of legal discharge.
Bushfire Requirements - BAL 12.5 – Residential
Air Conditioner Location
Adherence to Waste Management Plan
Management of Construction Waste
Certificates of all waste/recycling submissions must be kept on site at all times and produced in legible form to any authorized Council officer who requests them.
Disposal of Surplus Excavated Material
Commencement of Domestic Waste Service
Provision of Domestic Waste Storage Area
Onsite Stormwater Detention – Hawkesbury River Catchment Area
Section 7.12 Contribution
Separate OSD Detailed Design Approval
Management of Building Sites – Builder’s Details
Consultation with Service Authorities
Approved Temporary Closet
Erosion and Sedimentation Controls
Stabilised Access Point
Builder and PCA Details Required
Filtration Motor Noise
Roof Water Drainage
Survey Report and Site Sketch
The sign must be erected in accordance with section 98 A (2) of the Environmental Planning and Assessment Regulations 2000.
Pool Discharge Water
Compliance with BASIX Certificate
Compliance with Critical Stage Inspections and Inspections Nominated by the PCA
Swimming Pool Safety Fencing
Resuscitation Warning Notice
Dust Control
Completion of Engineering Works
OSD System Certification
Safety Glazing for Pool Fencing
Retaining Walls
Maintenance of Landscaping Works
