The proposal complies with DCP Part D Section 7 – Balmoral Road Clearance Area, except for top floor site coverage and excavation and fill requirements. During the review process, the proposal was amended to move the second home further back due to streetscape and character concerns. The submitted proposal has a first floor that is not set back 1 meter from the ground floor to at least one side of the house.
The intended 2-storey dwelling is located 2m from the nearest point on the right-hand side of the plot. The overall largest part of the proposed development will be reduced due to the wide construction line. Due to the slope of the subject site, the proposal does not comply with the relevant DCP controls for cut and fill.
The proposed secondary dwelling has been moved to the rear north-west corner of the site. The proposal has been re-notified to neighboring properties and no further submissions have been received regarding the location or design of the proposed secondary dwelling. No work (including excavation, backfilling or reshaping) shall be undertaken prior to the issue of a Construction Certificate where a Construction Certificate is required.
Plans submitted with the Building Certificate must be amended to include the terms of the Development Permit.
Commencement of Domestic Waste Service
Provision of Domestic Waste Storage Area
House Numbering
External Finishes
Tree Removal
Planting Requirements
Reflective Qualities
Building Work to be in Accordance with BCA
Air Conditioner Location
Section 94A Contribution
Special Infrastructure Contribution – Growth Centres
The trees to be retained must be protected during all works in strict accordance with AS4970- 2009 Protection of Trees on Development Sites. All areas within the root protection zone must be covered with composted leaf mulch to a depth of not less than 100 mm. The installation of services within the root protection zone may not be undertaken without prior permission from the Council.
Sydney Water Building Plan Approval
Approved Temporary Closet
Erosion and Sedimentation Controls
Stabilised Access Point
Builder and PCA Details Required
Management of Building Sites – Builder’s Details
Consultation with Service Authorities
Principal Certifying Authority
Location of Works
Roof Water Drainage
Survey Certificate
Dropped Edge Beam
Compliance with BASIX Certificate
Compliance with Critical Stage Inspections and Other Inspections Nominated by the Principal Certifying Authority
Landscaping Works
Dust Control
Maintenance of Landscaping Works
LOCALITY PLAN
AERIAL PHOTOGRAPH
SITE PLAN
Compliance with State Environmental Planning Policy (Sydney Region Growth Centres) 2006
We ask in this proposal that you please consider a change under clause 4.6 of the SEPP. The proposed additions to the existing house are not intended to increase the site coverage and the site footprint will remain as per the original approval. There are also numerous cases in the immediate area that have been approved by the Hills Council that are also variations from the minimum lot size of 450m2 for a secondary dwelling.'
It should be noted that the justification provided does not adequately address the relevant provisions of clause 4.6 of the SEPP. The existing dwelling is two storeys facing Bellerive Avenue, with part two storeys and a single storey facing Murrayfield Avenue. The proposed secondary dwelling is to be located above the existing single storey garage component fronting Murrayfield Avenue.
The existing private open space area for the dwelling is approximately 42m2 in size and is currently overshadowed by the dwelling to the east and the relevant dwelling to the north. Currently the private open space area receives reasonable solar access from the west, but the subject proposal would reduce solar access to the open space area in the afternoon. The proposed secondary dwelling is considered an inappropriate outcome for the site as it will have an amenity impact on both the subject and adjoining plots.
In addition, as detailed in Section 2 of this report, the proposed development will exacerbate the existing non-compliant solar access and create a first floor canopy that does not comply with the North Kellyville Development Control Plan.
Compliance with the North Kellyville Development Control Plan
15.00 achieves approx. 10.5m2 of the existing private open space solar access, which does not comply with the DCP. Facilitating solar cell access to the home's living areas and private open spaces. The DCP requires 50% of the area of the required primary private open space to receive solar access for 3 hours between 9 am and 3 pm on June 21.
For the site in question, the minimum private open space required is 24m2 with 12m2 required to receive 3 hours of solar access between 9am and 3pm on 21 June. For the proposed development, no solar access is achieved at 09:00, at 12:00 approximately 9.5m2 of solar access is achieved and at 15:00 approximately 10.5m2 of the private open space is achieved. As a result, the proposed development does not achieve compliance with the DCP control and should not be supported given the.
The DCP requires that for two-story dwellings, the ground coverage of the first floor does not exceed 30% of the plot area. The privacy of the main dwelling and the dwellings on the neighboring land is not violated; and. Solar access to the main private open space of neighboring plots is not significantly reduced.
The non-compliance could be considered if the applicant could demonstrate that privacy and solar access were satisfactory. As detailed above, the proposed development does not achieve compliance with the solar access control. In addition, stairs with a landing at the top are required to facilitate access to the proposed secondary dwelling.
As shown in Appendix 4, the entrance door to the proposed secondary dwelling is located at the farthest corner of this southern elevation from the street. As a result, the landing at the top of the stairs allows views of the private open space on the subject site as well as adjacent properties. The proposed development is therefore not considered to be of an adequate scale to protect residential facilities, and the proposal is not supported.
Issues Raised in Submissions
As described in this report, the proposed secondary residence will increase overshadowing and the application for denial is recommended. If the second home is rented out, the type of property will attract young people. If the property is not rented out there is concern that the secondary residence will be used as a band rehearsal space as the owner is in a band which will cause noise disturbance to neighbours.
Whether the proposed secondary accommodation will be rented or owned is not a consideration for the Council. The proposed development is an additional dwelling and not an extension to the existing one, which is not in accordance with the character of the dense residential zone. There are other areas in the North Kellyville area that have rear loading garages and secondary dwellings upstairs which are more suitable areas for the proposed development to take place.
Secondary dwellings are a permissible form of development in the R2 Low Density Residential zone, subject to compliance with the minimum lot size requirements of the SEPP. Secondary dwellings are a permitted form of development and no strata subdivisions are permitted by the SEPP for secondary dwellings subject to compliance with the SEPP's minimum lot size requirements. The Development Application has been assessed against the relevant consideration responsibilities under section 79C of the Environmental Planning and Assessment Act.
This matter may have a direct financial impact on Council's approved budget, as refusal of this matter may result in Council having to defend a Class 1 appeal in the NSW Land and Environment Court. The proposed development is inconsistent with the planning principles, vision and objectives set out in "Hills 2026 - Looking Towards the Future" as the site does not meet the minimum size requirement for the type of development proposed. The proposed development does not allow for satisfactory urban growth without adverse environmental or social amenity impacts and may have an unreasonable impact on adjacent property owners.
The proposed development does not meet the minimum lot size required by State Environmental Planning Policy (Sydney Regional Growth Centres) 2006. The proposed development does not comply with the solar access requirements of the North Kellyville Development Control Plan, which requires that 50% of the area of the required principal private open space (of both the proposed development and adjoining properties) must receive at least 09:00 of sunlight at 03:00 in winter (June 21:00). The first floor of the proposed development exceeds the maximum first floor site coverage control in the North Kellyville Development Control Plan.
The entrance stairs and proposed ground for the secondary dwelling will allow views into the private open space of the adjacent property. The proposed works will adversely affect the amenity of neighboring properties and are considered to be an overdevelopment of the area.
