NOTICE OF Council MEETING

 

 

 

The Meeting of Parramatta City Council will be held in the Council Chamber, Fourth Floor, 2 Civic Place, Parramatta on Monday, 23 June 2008 at 6:45pm.

 

 

 

 

 

 

 

 

 

Sue Coleman

Acting General Manager

 

 

 Parramatta – the leading city at the heart of Sydney

 

30 Darcy Street Parramatta NSW 2150

PO Box 32 Parramatta

 

Phone 02 9806 5050 Fax 02 9806 5917 DX 8279 Parramatta

ABN 49 907 174 773  www.parracity.nsw.gov.au

 

“Think Before You Print”



COUNCIL CHAMBERS

 

 

Clr Paul Barber, Lord Mayor – Caroline Chisholm Ward

Sue Coleman, Acting General Manager - Parramatta City Council

 

 

 

 

Sue Coleman – Group Manager City Services

 

 

 

Assistant Minutes Clerk – Michael Wearne

 

 

Stephen Kerr –  Group Manager Corporate

 

 

 

Minutes Clerk – Grant Davies

 

Marcelo Occhuizzi –Acting Group Manager Outcomes & Development

 

 

 

 

 

 

 

 

 

Clr Omar Jamal – Arthur Philip Ward

 

 

Clr Lorraine Wearne - Lachlan Macquarie Ward

 

Clr Anita Brown – Elizabeth Macarthur Ward

 

 

Clr John Chedid – Elizabeth Macarthur Ward

 

Clr David Borger – Macarthur Ward Elizabeth

 

 

Clr Andrew Wilson – Lachlan Macquarie Ward

 

Clr Paul Garrard – Woodville Ward

 

 

Clr Tony Issa, OAM – Woodville Ward

 

Clr Julia Finn – Arthur Philip Ward

 

 

Clr Brian Prudames – Caroline Chisholm Ward

 

Clr Chris Worthington – Caroline Chisholm Ward

Clr Pierre Esber, Deputy Lord Mayor  Lachlan Macquarie Ward

Clr Maureen Walsh – Wooville Ward

Clr Chiang Lim – Arthur Phillip Ward

Text Box:   Press

 

Staff

 

 

Staff

 

GALLERY

 


Ordinary Council

 23 June 2008

 

 

TABLE OF CONTENTS

 

ITEM                                                         SUBJECT                                              PAGE NO

 

1        CONFIRMATION OF MINUTES - Regulatory Council - 10 June 2008

2        APOLOGIES

3        DECLARATIONS OF INTEREST

4        Minutes of Lord Mayor  

5        PUBLIC FORUM

 

5.1     Water Management 

6        PETITIONS  

7        COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

8        City Development

8.1     Draft Planning Controls for Merrylands, Carlingford and East Rydalmere

8.2     Proposed State-Wide Exempt and Complying development

8.3     Audit of the Mall and City Centre.

8.4     Metro in Parramatta 

9        Roads Paths Access and Flood Mitigation

9.1     Parramatta Cycleway Advisory Committee

9.2     Parramatta Traffic Committee meeting held on 2 June 2008.

9.3     Report of the Traffic Engineering Advisory Group Meeting held on Monday 2 June 2008.

10      Culture and Leisure

10.1   2008/2009 Requests for Fee Subsidy for the Use of Public Halls, Community Centres and Meeting Rooms

11      Community Care

11.1   Multicultural Advisory Committee Minutes 2 April 2008

11.2   Community Safety Advisory Committee Meeting Minutes 30 April 2008

11.3   Aboriginal and Torres Strait Islander Advisory Committee 29 April 2008

11.4   Access Advisory Committee  - Response to Recommendations included in Minutes 4 December 2007

12      City Leadership and Management

12.1   Investments Report for April 2008

12.2   Remuneration Tribunal Determination in Relation to Fees for Councillor Remuneration

12.3   Regulation & Enforcement of Brothels and Massage Parlours

12.4   11th International Riversymposium - 1 to 4 September 2008

12.5   Legal Assistance - Gosford City Council

12.6   Program Panels.

12.7   Cost of food and beverages at staff functions and meetings

12.8   Outdoor Machinery & Fleet Vehicles

12.9   Recruitment of Council Staff through Consultants  

13      Notices of Motion

13.1   Extension of Toll Subsidy on M4

13.2   Residents Parking Scheme  

 

 

14      Closed Session

14.1   38 Marion Street Parramatta - Proposed Acquisition

This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

14.2   15 Macquarie Street Parramatta (Hunter Street Car Park)

This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

14.3   Tender No. 12/2008 Operation of Free Bus Service in the Parramatta City Centre.

This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

14.4   Tender No. 3/2008 - Construction of Marsden Weir Fish Lock

This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

14.5   Tender for Establishment Panel of Valuers

This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

14.6   Civic Place June 2008 update

This report is confidential in accordance with section 10A (2) (c) of the Local Government act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

14.7   Approval for proposed acquisitions notices - Civic Place

This report is confidential in accordance with section 10A (2) (c) of the Local Government act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

15      DECISIONS FROM CLOSED SESSION

16      QUESTION TIME

 

 

 


Ordinary Council 23 June 2008

Item 5.1

PUBLIC FORUM

ITEM NUMBER         5.1

SUBJECT                   Water Management

REFERENCE            F2004/08612       

 

FROM                          Mr David Allen

 

Hydrogolists tell us that we are taking water from rivers and catchment areas faster than it is being replenished. They say this is unsustainable with sewerage being a major contributor.

 

New Scientist (March 2008) and the Sydney Morning Herald (SMH) tell us that many American cities are redefining building codes to use less water and perhaps to use nightsoil in agriculture. W Carter (Flushed) says some cities in India are going even further in their water management goals.

 

What can Parramatta do to keep up with these excellent trends?

 

 

RESPONSE              

A response to this Public Forum question will be provided by the Environment Outcomes Manager – James Carey, at the Council Meeting on 23 June 2008.

 

 

 

   


Ordinary Council 23 June 2008

Item 8.1

CITY DEVELOPMENT

ITEM NUMBER         8.1

SUBJECT                   Draft Planning Controls for Merrylands, Carlingford and East Rydalmere

REFERENCE            F2006/01198 - D00958497

REPORT OF              Manager Land Use and Transport Planning       

 

PURPOSE:

 

This report seeks Council’s endorsement of draft planning controls for the RDS centres of Merrylands, Carlingford and East Rydalmere for inclusion in draft Parramatta LEP 2008.

 

 

RECOMMENDATION

 

(a)       That Council adopt the draft planning controls for the RDS Centres of Merrylands, Carlingford and East Rydalmere, as shown at Attachment 2, and that these be incorporated into the draft Parramatta Local Environmental Plan 2008 prior to its exhibition.

 

(b)       Further that, a further report be presented to Council that outlines detailed planning controls to be incorporated into the draft Parramatta Development Control Plan 2008 to support the zoning, height and FSR for these areas.

 

 

BACKGROUND

 

1.         In November 2006, Council adopted a revised Residential Development Strategy (RDS) to provide a more sustainable approach to managing population growth and housing demand in the Parramatta LGA. In adopting the RDS, Council deferred some areas for consideration at a later date. Merrylands, Carlingford and East Rydalmere were amongst those areas deferred in the RDS.

 

2.         The revised RDS is being implemented through planning controls in draft Parramatta LEP 2008 and draft Development Control Plan (DCP) 2008. In response to Council’s request to the Department of Planning (DoP) for a Section 65 Certificate to enable public exhibition of the draft plan, the DoP advised Council in October 2007 that it had various issues with the draft LEP and that it would not be issuing a Section 65 Certificate. One of the issues was that the Department would require Council to maintain at least the current zones in all RDS precincts, rather than down-zoning some parts. Council’s position has been that some parts of the deferred areas will need to be down-zoned in the short term to preserve long term capacity when they are revisited.

 

3.         At its meeting of the 29 October 2007 Council resolved in part:

 

‘That Council note the advice of the Minister for Planning on 24 October that:-

 

1.         The Department of Planning will not accept the down-zoning of deferred areas and therefore Council proceed immediately to prepare detailed analysis of these areas leading to zoning and built form controls in the draft Parramatta LEP 2008.’

 

4.         The deferred RDS study areas of Merrylands, Carlingford and East Rydalmere were addressed as a result of Council’s resolution.

 

CONSULTATION

 

5.         A Councillor workshop was held on 7 April 2008 to discuss the planning analysis and draft planning controls for these areas. Staff from Council’s Strategic Asset Management, Community Capacity Building, Place Management, Traffic and Transport Services and Urban Design teams have also been consulted in the preparation of draft planning controls. Community consultation will occur with the public exhibition of the draft Parramatta LEP 2008 as a whole.

 

OVERVIEW OF PLANNING CONTROLS

 

6.         Draft proposals for land use controls for these areas have been prepared. These are described in the detailed report shown at Attachment 1, and the maps shown at Attachment 2.

 

7.         The Merrylands RDS precinct has very good access to public transport facilities, is close to a major retail centre, has a linear street pattern and has limited environmental constraints. The recommended planning controls focus increased residential density in the northern portion of the precinct, whilst retaining the southern portion as a low density residential area, underpinning the area’s potential to accommodate further residential development in the longer term. Consideration has been given to the width of Smythe Street and the density of development on and adjacent to heritage sites as discussed at the Councillor workshop and is discussed in the detailed report at Attachment 1.

 

8.         An alternative zoning Option 2 has been prepared for Merrylands as detailed at Attachment 3 and responds to discussion at the Councillor workshop regarding the advice provided by the Department of Planning in relation to down zoning of land bounded by Mombri Street, Loftus Street and Merrylands Road, to retain capacity for future higher density development in the longer term. Whilst the Department has indicated it would permit down zoning in this specific location, the Department’s letter inferred that the remainder of the precinct would need to retain existing zoning equivalents of Residential 2(b) and Residential 2(c).

 

9.         For the Carlingford RDS precinct, it is proposed that higher density development be encouraged within a limited portion of the study area reflecting the principal constraints imposed by topography and a poorly connected street pattern. Opportunities for medium to high density development are proposed, generally along Pennant Hills Road and Adderton Road. Elsewhere, the predominant low-density residential character of Carlingford will be preserved, with a small pocket at the southern edge of the precinct proposed to be down-zoned.

 

10.       In the East Rydalmere RDS precinct it is proposed that medium and higher density development be framed to the north and west of the intersection of Park Road and Pine Street, which will be the focus of activity with the existing, school, hotel, church, shops and local services, as well as new opportunities for mixed use development. South of the intersection of Victoria and Park Roads, opportunity for higher density residential development is also proposed with good proximity to open space, the school and shops in this part of the precinct. Medium density zoning along Victoria Road is proposed to be retained, reflecting the significant uptake of development in the current Residential 2b zone.

 

NEXT STEPS

 

11.       If Council adopts the zoning, height and floor space ratio controls for these areas as outlined at Attachment 2, they will be incorporated into the draft Parramatta LEP 2008 prior to its exhibition. The Department of Planning will review the draft proposals as part of its consideration of the draft LEP in making its decision to issue a Section 65 certificate.

 

12.       The proposed LEP controls need to be supported by detailed development controls to inform the scale, bulk and configuration of future development. These draft DCP controls will be reported to Council at a future date and will be incorporated in the draft Parramatta Development Control Plan 2008.

 

 

 

 

 

Diane Galea                                   Marcelo Occhiuzzi

Project Officer                     A/Group Manager

Land Use &  Planning                Outcomes & Development

 

 

Attachments:

1View

Detailed Report Deferred Area Attachment 1

8 Pages

 

2View

RDS Deferred Area Attachment 2

9 Pages

 

3View

RDS Deferred Area Attachment 3

4 Pages

 

 

 

REFERENCE MATERIAL

 


Attachment 1

Detailed Report Deferred Area Attachment 1

 

DETAILED REPORT ON DRAFT PLANNING CONTROLS FOR

MERRYLANDS, CARLINGFORD & EAST RYDALMERE

 

 

BACKGROUND

 

In November 2006, Council adopted a revised Residential Development Strategy (RDS) to respond to future population growth and housing demand in Parramatta local government area (LGA). The purpose of the RDS is to set the direction for the future location, density and character of housing within Parramatta.

 

To manage new residential development, the RDS proposes a ‘concentrated growth’ model. This would allow more intense housing development to occur in areas or ‘centres’ which can best support such growth. Typically, these areas are close to public transport, shops and community facilities.

 

In adopting the RDS, Council deferred some of the ‘centres’ for consideration at a later date. Merrylands, Carlingford and East Rydalmere were amongst those areas deferred in the RDS. There were a variety of reasons for the decision to defer areas but generally it was better to examine these areas in the longer term when the affects of other influences could be better assessed.

 

In translating the RDS into the draft Parramatta Local Environmental Plan (LEP), Council in May 2007 adopted the draft Parramatta LEP 2008 which proposed to downzone some areas within the study areas of Merrylands, Carlingford and East Rydalmere that are currently zoned Residential 2(b). This was to preserve the land from ad-hoc development in the short term until decisions on its future development capacity were made. (Note: The existing areas zoned Residential 2(c) within these areas were proposed to be retained in the equivalent R4 High Density Residential Zone under the draft LEP).

 

In October 2007, the Department of Planning (DoP) advised Council that there were a number of outstanding issues that prevented the DoP from authorising a Section 65 Certificate enabling the draft Parramatta LEP to be formally exhibited. One of the issues raised by the DoP was that deferred areas where down-zoning was proposed would not be supported. At its meeting of the 29 October 2007, Council resolved in part:

 

‘That Council note the advice of the Minister for Planning on 24 October that:-

 

1.      The Department of Planning will not accept the down-zoning of deferred areas and therefore Council proceed immediately to prepare detailed analysis of these areas leading to zoning and built form controls in the draft Parramatta LEP 2008.’

 

As a consequence, an assessment of the deferred areas of Merrylands, Carlingford and East Rydalmere was undertaken.

 

 

 

THE DEFERRED AREAS

 

This report focuses on the deferred areas in the RDS of Merrylands, Carlingford and East Rydalmere. Maps of each study area are identified within Attachment 2.

 

The Merrylands Study Area is focused on the eastern side of Merrylands Railway Station.  The railway line forms the boundary between Parramatta City Council and Holroyd City Council. A small group of shops are located on the eastern side of the railway station. The area surrounding these shops comprises mostly detached dwellings. The Merrylands Town Centre is located on the western side, within the Holroyd LGA.

 

There are small pockets of medium and higher density housing spread throughout the study area. The study area is relatively flat and there is a large park (Granville Park) further east of the station closer to Woodville Road. The primary roads in the study area are Merrylands Road, Railway Terrace, Mombri Street and Loftus Streets. Merrylands Road provides access directly to Merrylands Railway Station and Woodville Road to the east. Railway Terrace provides access to the south towards Guildford. Mombri and Loftus Streets provide access across the railway line into the Merrylands Town Centre. Two heritage items are located in the study area at Nos. 56 and 59 Merrylands Road, being single storey dwellings.

 

The Carlingford Study Area is located around Carlingford Railway Station. The study area is located on a ridge line defined by Pennant Hills Road, which also forms the boundary between Parramatta City Council and Baulkham Hills Shire Council.  Carlingford Railway Station is the last stop on the Carlingford Railway Line.  Access to the railway station is on the northern side of Pennant Hills Road. Several bus services exist connecting Carlingford to other centres such as North Rocks, Epping, Pennant Hills, Ryde, West Ryde and Meadowbank.

 

There is a small group of shops to the south of Carlingford Railway Station along Pennant Hills Road, located in Parramatta LGA, as well as the Carlingford Village shops at the eastern end of the study area at the intersection of Marsden Rd and Pennant Hills Road. The study area comprises a mix of housing, including residential flat buildings, town houses and detached houses. Spread throughout the area is a series of bushland corridors. 

 

There are a number of heritage items in and adjacent to the study area including bushland at Evans Road, Carlingford Memorial Park, Eric Mobbs Memorial, K13 Memorial, Galaringi Reserve, Mobbs Hill Reserve, bushland, fencing and bridge on Honiton Avenue, water tanks on Marsden Road, and dwellings at Nos. 101 and 105 Adderton Road.

 

The East Rydalmere Study Area is located on Victoria Road at the intersection of Park Road. Victoria Road is a heavily trafficked arterial road linking Parramatta to Sydney. The study area accommodates a variety of building types and land uses, including low scale detached housing and is adjacent to substantial industrial areas. Subiaco Creek, a regional open space corridor, lies to the north of the study area, with Parramatta River to the south. The study area also includes a Bowling Club and local parks. There is a small grouping of shops framed by Park Road and Victoria Road which provide day to day retail services. There is also a hotel, baby health care facility, church and school within the precinct. Heritage items are located at Nos. 2 Myrtle Street (Catholic Church), and two dwellings at No. 24 Wattle Street and No. 72 Park Road.

 

DEFERRED AREAS ANALYSIS

 

A workshop was held with Councillors on 7 April 2008 in relation to the deferred areas of Merrylands, Carlingford and East Rydalmere. The information presented at the workshop outlined the context and setting for each area, environmental analysis, proposed urban design principles and draft land use controls to underpin the LEP. The principal findings of the analysis are discussed below.

 

Merrylands

 

§ With access to public transport, retail and commercial services, open space and a relatively unconstrained urban structure, Merrylands offers opportunities for increased residential densities.

 

§ This area has direct pedestrian access to the railway station and vehicular and pedestrian access to the Merrylands Town Centre. Given the principles of transit-oriented development, the lots directly adjacent to the station may be given comparatively more generous height and floor space controls.

 

§ In the short term, it is desirable to preserve the low scale residential character of single dwellings in the southern part of the precinct, which contribute to the mix of housing and the amenity of the neighbourhood. In the longer term, increased densities may be considered, as the first stage of redevelopment is completed, and assuming that there is sufficient demand for further housing.

 

§ Planning controls prepared by Holroyd Council in respect of land in that LGA directly adjacent to the railway line allows for mixed used development between 6 – 8 storeys in height. This also accommodates some demand for housing development in the locality.

 

Carlingford

 

§ Carlingford has topographical and natural constraints, poor pedestrian and vehicular connectivity and is characterised by a mix of housing including established residential flat buildings and low scale detached housing. Considering these constraints Carlingford study area is less likely suitable to sustain significant housing growth.

 

§ Planning controls prepared by Baulkham Hills Shire Council in respect of land on the northern side of Pennant Hills Road allow for significant increases in residential densities and will also accommodate demand for housing in the area.

 

 

 

East Rydalmere

 

§ Considering the existing mix of uses in East Rydalmere, as well as its established low scale character, it is anticipated that this study area could sustain contained redevelopment for increased residential densities focused around the existing ‘centre’ and close to parks and schools.

 

§ New mixed-use development should be focused around the current commercial and community uses and toward the intersection of Park Road and Pine Street.

 

§ Part of the study area has an established low density character with single dwellings that are highly consistent in terms of scale, materials and setbacks from the street. Retention of this housing in the eastern sections of Pine and Wattle Street is desirable in providing for housing mix and retaining the character of this housing and the amenity it provides to the neighbourhood.

 

RECOMMENDED PLANNING CONTROLS

 

Merrylands Precinct

 

1. Preferred Planning Controls - Option 1

 

The provision of high density residential development near existing public transport infrastructure is consistent with transport oriented development promoted by the NSW State Government and Council’s RDS. Land along Mombri Street, Loftus Street, Railway Terrace, Merrylands Road and Smythe Street is in the immediate vicinity of Merrylands Railway Station and is recommended for higher density residential development. This area also is within walking distance to a large retail centre on the opposite side of the railway station which provides major retailing and considerable services to support the needs and demands of the existing and future community.

 

The recommended draft planning controls for Merrylands provide for increased densities concentrated along the northern portion of the precinct, whilst allowing reduced densities within the southern portion as outlined in Attachment 2.

 

It is proposed to concentrate higher density mixed use development toward the railway line, with building heights and densities gradually falling from west to east (towards Woodville Road). An active street frontage to Railway Terrace is recommended, creating opportunities for surveillance of the railway line and improved pedestrian access between the northern portion of Railway Terrace and Merrylands Railway Station.

 

Concentrating the tallest buildings (5 – 6 storeys or 17 – 21 metres proposed on the Parramatta LGA side) closest to the railway station has also been the strategic approach of Holroyd City Council, which allows for development between 6 – 8 storeys in this vicinity. The area bound by Mombri Street, Loftus Street, and Merrylands Road is proposed to allow higher density residential development, providing a gradual change in scale from Railway Terrace to Woodville Road. The area bound by Boomerang, Bennalong, Randle and William Streets, and the parcels between the existing school and Bennalong Park on William Street are also proposed to be zoned to allow higher density residential development, providing streetscape continuity along Boomerang and William Streets.

 

Land south of Sutherland Lane and the southern part of the precinct is proposed to be zoned low density residential, allowing it to be revisited in the future as to its longer term development capacity.

 

2. Alternative Zoning based on Department of Planning Advice – Option 2

 

At the Councillor workshop it was suggested that another zoning option could be considered for Merrylands, reflecting the advice of the Department of Planning (DoP) in its letter to Council of 19 December 2007, viz:

 

The Department’s assessment of the zoning within the RDS included consideration of Council’s argument that down zoning was needed to retain capacity for future higher density development. In most cases adequate low density 2(a) land was identified in reserve, without the need to downzone existing medium density 2(b) or high density 2(c) land. In the case of Merrylands however, there does not appear to be adequate 2(a) land in reserve. Therefore the Department agreed that the two street blocks closest to the station (Mombri & Lotus Streets & Merrylands Road) could be down zoned to allow for future higher density development.

 

Under this scenario of the Department of Planning, all existing zonings of Residential 2(b) and Residential 2(c) in the Merrylands RDS precinct would be retained, with the exception of the Mombri Street, Loftus Street and Merrylands Road blocks referred to. The zoning, height and FSR outcomes under this scenario are mapped in Attachment 3. Building height and density controls would remain consistent with those allowed under the existing LEP 2001, other than for the Mombri, Loftus & Merrylands Road blocks which would be downzoned to R2 low density residential.

 

Councillors may wish to consider this option, but the recommended planning controls discussed in Option 1 above are preferred because they make better provision for consolidated increase in residential density in the short term as well as preserving land for longer term growth.

 

Option 2 would result in the fragmentation of high and medium density areas over the Merrylands RDS area and limit the long term growth potential of Merrylands. It may also result in more inconsistency in built form throughout the precinct.

 

3. Response to issues raised at Councillor Workshop

 

Concern was raised by some Councillors at the workshop about the width of Smythe Street in relation to the proposed higher density residential development. This matter has been discussed with Council’s Transport & Traffic Service Manager and Design staff who have advised that the current Smythe Street road pavement width of 9.65 metres is sufficient to enable 2 metres for vehicle car parking on either side, whilst allowing 2.8 metres per vehicle travelling lane in each direction. These widths are consistent with the RTA’s minimum width of 2.7 metres and are comparable to sections of Parramatta Road which allows vehicles to travel at 60 km/hour. By contrast, Smythe Street is a slow vehicle movement area, is of a reasonably short distance, and is not a major road within the local road network.

 

Options are available to improve vehicle circulation within Smythe Street including restricting parking to one side of the roadway only, altering vehicle movements to ‘one way’, or widening of the carriageway.

 

Should Council wish to widen the Smythe Street carriageway in the future, this could be achieved within the existing road reservation, without the need to acquire private property. The costs associated with undertaking road widening would include realignment of kerb and guttering, extension of road pavement, removal and replacement of existing trees, potential realignment of the footpath/s and potential relocation of services.

 

While an increase in traffic volumes may be expected as a result of higher residential densities within the locality, the proposal accords with the principles of Council’s RDS to provide higher density housing close to centres and public transport, which provides opportunities for reduced car movements in the longer term. Traffic speeds in any case will be slow.

 

Another matter raised at the Councillor Workshop was concern about the proximity of higher density development in the vicinity of existing heritage items at Nos. 56 and 59 Merrylands Road, Merrylands and the potential impact this will have on the integrity of these heritage items. Proposed zonings in proximity of these items have been reviewed so that the current zoning regime is maintained immediately adjoining these sites.

 

Carlingford Precinct

 

In response to a number of constraints relating to Carlingford as previously discussed, particularly topography and poor vehicular and pedestrian connectivity, it is recommended to concentrate increased densities along Pennant Hills Road, Adderton Road and Charles Street as detailed at Attachment 2.

 

The draft planning controls propose greater height and density along Pennant Hills Road in the shopping precincts of Carlingford Village Shopping Centre at the eastern end of the precinct, and for the shops closer to Carlingford Railway Station, to encourage an upgrade of existing retail shops with shop top housing and support their ongoing viability with increased residential population within their catchment. It would also add to the diversity of dwelling types in the locality.

 

West of the railway line it is proposed to allow a mix of four storey (14 metres) residential flat buildings and two storey (11 metres) townhouse style housing. This part of the precinct also has good proximity to the Telopea RDS precinct and has already shown potential for redevelopment with recent medium density redevelopment.

 

The remainder of the precinct is more suited to low density residential development. The effect of this is some proposed down zonings of residential land at the perimeter of the RDS area consistent with proposed zonings outside the RDS area, where rezoning is proposed from 2(b) Residential to R2 Low Density Residential.  This is considered appropriate and justifiable to the DoP largely because of the environmental constraints and limited walkability of these areas for residents, as well as in the context of the broader RDS proposals in this locality.

 

Existing heritage items within the precinct are proposed to retain existing zoning equivalents.

 

As mentioned previously, planning controls prepared by Baulkham Hills Shire Council in respect of land on the northern side of Pennant Hills Road allow for significant increases in residential densities and will also accommodate demand for housing in the area.

 

East Rydalmere Precinct

 

The recommended planning controls for East Rydalmere seek to accentuate development along Park Road both north and south of Victoria Road within the precinct as detailed at Attachment 2. It is proposed to retain the existing medium density residential zone along Victoria Road as R3 Medium Density Residential, reflecting the existing zoning and recent multi-unit residential redevelopment in this location.

 

Proposed zonings north of Victoria Road seek to allow for a level of mixed use activity (3 storeys or 12 metres) to be concentrated around the intersection of Park Road and Pine Street, building on existing activities including the church, school, hotel and shops, and allowing future redevelopment to be focussed away from Victoria Road. Increased residential densities are generally proposed between the industrial area west of Myrtle Street and the eastern side of Park Road allowing for a mix of two storey (11 metres) R3 medium density and 3 storey (11 metres) R4 high density residential zones.

 

Proposed zonings on the southern side of Victoria Road will also allow for a mix of two storey (11 metres) R3 Medium Density Residential and R4 three storey (11 metres) R4 High Density Residential zones. The existing commercial zoning on the south eastern corner of Victoria Road and Park Road will be extended to incorporate two additional properties on Park Road as previously resolved by Council and will allow a maximum of 3 storeys (12 metres).

 

The southern part of the precinct is considered appropriate for up zoning given its isolation from low density residential areas, its proximity to open space, Rydalmere Primary School and public transport services including the Rydalmere Ferry Wharf and bus services along Victoria Road. The street width in Elonera Street and Burbang Crescent allows for constrained traffic movement if cars are parked in the street and may require an extension of existing parking restrictions that apply on one side of Elonera Street.

 

Height and densities proposed over the precinct as a whole are proposed to be relatively low scale allowing for two and three storey developments throughout. These heights and densities would also provide consistency where existing development has already taken place within the 2(b) Residential Zone, particularly along Victoria Road. Furthermore, the heights and densities proposed allows for a suitable relationship to be created between the existing low density areas and proposed areas to be up zoned.

 

An existing heritage item and adjoining land at No. 72 Park Road is proposed within the R3 Medium Density Residential zone. Height and densities proposed on and adjacent to this site will provide for relatively low scale development at 2 storeys (11 metres). The current Residential 2a zone applying to this site and surrounds permits a maximum height of 2 storeys (9 metres). Heritage planning controls require the heritage significance of the heritage item to be considered as part of any development on or adjacent to the site. The heritage item at No. 24 Wattle Street is proposed to remain within a low density residential zone, while the heritage item at No. 2 Myrtle Street, the Catholic Church, will maintain zoning, height and density controls equivalent to Parramatta LEP 2001.

 

CONSULTATION

 

Staff from Council’s Strategic Asset Management, Community Capacity Building, Place Management, Traffic and Transport Services and Urban Design teams were consulted in the preparation of draft planning controls.

 

Community consultation of these deferred areas will occur with the exhibition of the draft Parramatta LEP 2008 as a whole.

 

NEXT STEPS

 

This report details the preferred zoning, height and density options for Council to consider. Once the draft planning controls have been adopted by Council they will be included as part of draft Parramatta LEP 2008. Draft DCP controls will also be formulated, to provide more detailed planning guidance on built form outcomes, desired streetscape, building setbacks, future character, desired future pedestrian connections etc and will be reported for Council’s consideration. These controls will form part of the draft Parramatta Development Control Plan 2008 to guide future development in each precinct.

 


Attachment 2

RDS Deferred Area Attachment 2

 




Attachment 2

RDS Deferred Area Attachment 2

 




Attachment 2

RDS Deferred Area Attachment 2

 



 


Attachment 3

RDS Deferred Area Attachment 3

 




 


Ordinary Council 23 June 2008

Item 8.2

CITY DEVELOPMENT

ITEM NUMBER         8.2

SUBJECT                   Proposed State-Wide Exempt and Complying development

REFERENCE            F2005/01801 - D00959847

REPORT OF              Project Officer       

 

PURPOSE:

 

This report provides a draft response for Council’s consideration on the new

State-wide Exempt and Complying development codes prepared for public comment in May 2008.

 

 

RECOMMENDATION

 

(a)     That Council endorse the comments on the new State-Wide Exempt and Complying Development codes as summarized in Section H – Conclusion of Attachment 1 – Conclusion of for submission to the Department of Planning.

 

(b)     That it be acknowledged that future complying development codes will likely be placed on public exhibition in quick succession, and this will significantly impact on the work program of the LUTP unit.

 

(c)     Further, that in light of the proposed State-Wide Complying Development Codes which in some cases vary Council development controls, that a review of draft Parramatta DCP 2008 be undertaken to determine the extent of potential inconsistency between future complying development and DCP controls.

 

 

BACKGROUND

 

1.      On 27 November 2007, the Minister for Planning released for public comment, a discussion paper about improving the NSW Planning System.  A main area of change involved amending existing legislation with the aim to increase from 11% to 50% the scope and use of exempt and complying development for small scale development, and the introduction of state wide codes to manage the assessment of these developments.

 

2.      On 8 May 2008, the NSW Government released the following Exempt and Complying development codes available for public comment until July 4, 2008:

 

§  New single storey houses on lots over 600 square metres.

§  Single storey housing alterations and additions on lots over 600 square metres.

§  Exempt development – for residential and rural zones.

§  Internal alterations for two-storey houses.

§  Commercial and industrial exempt development.

§  Commercial and industrial complying development (change of use)

 

Issues

 

3.      From a policy perspective, the analysis of the new State-wide Exempt and Complying development codes reinforce the inherent concerns that Council has expressed in earlier submissions to the planning reform process. A constant criticism of the planning reform process so far has been the limited opportunity for assessment and debate on such significant changes. Public consultation timeframes have been set to a minimum. This trend continues with the release of these draft State-wide codes which will have major implications on our local neighbourhoods if these changes are introduced.

 

4.      Attachment 2 of this report is an analysis of each code. The methodology used to undertake the analysis was to prepare a comparison table that provides a snapshot of the key elements of each code against Council‘s existing Exempt and Complying development codes. Attachment 1 draws out the key issues from this analysis, as well as other general concerns in terms of the operation of the new codes and whether they can deliver on the objectives set out by the State Government.

 

5.      The main findings of the analysis include:

 

§  Continued concerns that neighbours affected by a complying development application have no legal rights or opportunity to comment.

§  Uncertainty over how the codes will apply because the legislative framework, through a proposed State Environmental Planning Policy is yet to be released.

§  Standard conditions for a Complying Development certificate are significantly deficient.

§  The extensive submission requirements for lodging a complying development application are not that dissimilar to requirements for a development application.

§  Design issues with the State-wide code for single storey housing in terms of potential for reduced front setbacks, irregular and poor functioning private open space, swimming pools impacting on privacy and streetscape, potential inconsistencies in floor space between a complying development and a development application, and the inability to have prescriptive drainage controls.

 

Future codes

 

6.      There is no exact timeframes for the roll out of future codes. At this stage there are a further twelve codes proposed, including one for complying development in heritage conservation areas. Based on Council’s experiences of the process so far, it is not unreasonable to suspect that the remaining codes will be placed on public exhibition in quick succession. It needs to be acknowledged that the level of work involved in critiquing each code is extensive. Taking into consideration the importance of some of these reforms, priority given to the reforms process may impinge upon other projects of the LUTP unit.

 

 

 

 

Nathan Burbridge                                                       Neal McCarry

Project Officer                                                 Project Officer

Land Use & Transport Planning                          Land Use & Transport Planning

 

 

 

 

Attachments:

1View

State-Wide Exempt and Complying Development Codes Detailed Report

16 Pages

 

2View

Comparison of Controls Application Under the Proposed State-Wide Exempt and Complying Development Codes and Council's Existing Exempt and Complying Development

40 Pages

 

 

 

REFERENCE MATERIAL

 


Attachment 1

State-Wide Exempt and Complying Development Codes Detailed Report

 

State-Wide Exempt and Complying development codes

detailed report

 

Purpose

 

The purpose of this report is to:

 

§ Inform Councillors of the contents of proposed State-wide Complying development codes for single storey dwellings, alterations and additions for single and two storey dwellings, alterations and additions to commercial and industrial developments, and a State-wide exempt development code

§ To provide Councillors with a comparison of the proposed codes against existing exempt and complying development codes, and Council’s existing DCP

§ Identify specific provisions where it is appropriate for Council to apply to the state government for a minor variation to a state-wide code so that issues of local context can be better addressed

§ Seek Council’s endorsement to make a formal submission to the Department of Planning on the proposed state wide codes

 

Background

 

Planning reforms

 

On 27 November 2007, the Minister for Planning, Frank Sartor MP, released for public comment a discussion paper about improving the NSW Planning System.  The draft discussion paper proposed a number of changes to the current system. A main area of change involved amending existing legislation to increase from 11% to 50%, the scope and use of exempt and complying development for small scale development, and the introduction of state wide codes to manage the assessment of these developments.

 

Draft exposure bill

 

On 3 April 2008, and in response to feedback from the public, a draft exposure bill was put before state parliament. The draft exposure bill provides legislative detail on the matters raised in the discussion paper, including changes to the operation of exempt and complying development. The proposed legislative changes exclusively relate to complying development and are documented below: 

 

§ The notification requirements will require a courtesy notice to be given to neighbours immediately after the complying development certificate has been issued, and before work commences.

§ The Act currently provides for an application for a complying development to be determined within 7 days. The proposal is to increase the time for a determination to 10 days.

§ The requirements for applications for complying development certificates will be amended to improve the quality of the information provided.

§ The proposal in the discussion paper relating to Principal Certifying Authorities ability to issue minor non-compliance with complying development will not proceed.

 

Council’s submission on the draft exposure bill

 

On the 21 April, a report was presented to a special meeting of Council to outline Council’s main concerns with the draft exposure bill. A key concern tabled in the report was the absence of significant detail relating to complying development codes to enable meaningful comment. Subsequently, Council recommended in its submission that consultation occur on the extent and detail of the proposed complying development to be included in the State wide codes.

 

Draft State-wide Exempt and Complying development code

 

On 8 May 2008 the NSW Government released the following codes available for public comment until July 4, 2008:

 

§  New single storey houses on lots over 600 square metres.

§  Single storey housing alterations and additions on lots over 600 square metres.

§  Exempt development – for residential and rural zones.

§  Internal alterations for two-storey houses.

§  Commercial and industrial exempt development.

§  Commercial and industrial complying development (change of use)

 

How do these new codes apply?

 

            Currently, exempt and complying development applies through an enabling clause in the Parramatta Local Environmental Plan 2001 (PLEP 2001). Clause 17 and 18 of PLEP 2001 describes exempt and complying development and the areas where such development does not apply. An example of where exempt development does not apply includes land where a heritage item is located, a site with an interim heritage order and a state listed heritage item. Currently complying development does not apply to environmentally sensitive land, including heritage items and conservation areas,  bushfire prone, flood liable or contaminated land, or land subject to subsidence, slip or erosion.

 

            The practice of an enabling clause will still apply, however, a specific State Environmental Planning Policy will be enacted to give effect to exempt and complying development. This SEPP will override and replace existing LEP provisions. At the time of the release of the exempt and complying development codes, the proposed SEPP was not prepared. In the absence of the SEPP, the introductory section of the NSW housing code for Exempt and Complying development draft for discussion (May 2008 (section 1.7; p 23) describes where exempt and complying development cannot be carried out. There is no major variation between areas excluded from the use of exempt and complying development to that which currently applies with one exception. A significant departure, and of interest to Councillors, will be the intention for heritage conservation areas to be subject to complying development contrary to what is currently the case under PLEP 2001. A draft complying development code is being prepared that will set out guidelines for managing development in these areas. Councillors will be given an opportunity to comment on this draft code when it is released.

 

Local variations

 

As stated in the report to Council in April about the draft exposure bill, it is not clear what level of local variations Council will be able to incorporate into the state wide codes. This is an acknowledgement that while housing types are fairly consistent across the state, there are circumstances where Council will want apply certain standards to preserve the special characteristics of an area.

 

Councils are invited to submit proposals for local variations to the Complying Development Experts Panel, which is the panel responsible for the development of these new codes. The message has been that the local variations need to be minor and be kept to an absolute minimum.

 

Design principles

 

The preamble to the new complying development codes is targeted very much towards those embarking on building their family home. The key messages in the preamble are that new state-wide codes will deliver a simpler planning assessment and identify the principles and reasons for good design. The arguments posed in the preamble for good design highlight the need for a balance between the individual aspirations of home owners, and to create a sense of cohesion in the neighbourhood and to protect the amenity of neighbours. This explanation is followed by more detail on what makes good design such as consideration of streetscape, bulk and scale, setbacks, privacy and safety, private open space, designing garages and driveways and ESD principles.  The purpose of these principles is to educate and assist those who are embarking on the planning assessment process for the first time so they can understand what is involved. These design principles don’t form part of the codes themselves and therefore hold no weight in the assessment process.

 

 

A.        General comments on the application of the new Exempt and Complying Development codes

 

A review of the draft codes has been carried out and the following are the areas identified as being of most concern as well as some general comments on the codes. The comparison tables contained in attachment No 2 are intended to provide a snapshot of the key elements of the codes and identify the key differences between Council‘s existing exempt and complying codes. A comparison against Council’s existing DCP guidelines is also provided. This is in order to gauge how significant a variation there may be to the generally accepted standards contained within the DCP notwithstanding the fact that an approval would be gained via a development application.

 

Neighbour notification – The Draft Complying Development Code identifies the benefits of consulting with neighbours early on in the design process, however, there is still no requirement for formal notification and consultation with neighbours other than a requirement to issue a courtesy notice once the complying development certificate has been issued and prior to commencement of work.

 

The above scenario does not leave any recourse or means of challenging the validity of a complying development certificate other than complaint to Council or the Building Professionals Board. This is the same situation as currently is in place, however, has been highlighted as it will likely become a drain on Council resources to investigate complaints and alleged non-compliances with the Complying Development code.

 

Removal of Provisional Complying development category

 

As mentioned previously, the category of provisional complying development has been removed from the reforms. This will prevent Council or a PCA from issuing a Complying Development Certificate with ‘minor variations’ to the code. This move is welcomed and will provide the community with at least some level of certainty as to what can and can’t be built next door to them without being notified.

 

Applicability of the draft codes and relationship to other legislation

 

As mentioned previously, as the draft SEPP containing the enabling criteria has not been released, there is some uncertainty over the exact circumstances where the codes will apply. It is also uncertain as to how the two documents will relate. The LUTP team is currently preparing a comprehensive LEP in accordance with the Standard Instrument Order which contains compulsory clauses (Cl 3.1 & 3.2) dealing with Exempt & Complying Development. It is not known at this stage either the timing of release of the SEPP or how the two instruments would relate and what implementation and transitional measures will be used.

 

There is also mention made of Councils being able to seek Local Variations to the standard code to allow for minor variations within the code. It is unclear whether this will be included in a Schedule within the SEPP or within the code itself. This may lead to confusion by applicants who may be unaware of the need to refer to a separate document to check any local variations.

 

It is also noted that the draft dwelling codes currently on exhibition are not applicable to dwellings within Heritage Conservation Areas, however, it is stated in the code that another code specifically dealing with development in Heritage Conservation Areas will be released in the future. This creates a level of uncertainty for both Council and the community.

 

Submission requirements

 

The code details the extensive submission requirements for lodging a complying development certificate. It does not, however, give indications as to how Council should deal with applications that are missing a relatively small piece of information (for example a sedimentation and erosion control plan or a small detail in a specification). Technically, it could be argued that the proposal is not complying if it is missing one piece of information. It would be unlikely Council could comply with the 10 day timeframe if requests for further information were to be issued. Conversely, Council would likely draw criticism and the applicant incur extra fees, were it to refuse the Complying development certificate in order to meet the 10 days assessment timeframe.  Additionally, the code states that all new dwellings and major alterations and additions are to comply with BASIX requirements (the Building and Sustainability Index) yet this is not included in the checklist of information to be included when lodging a Complying Development application.

 

Standard conditions

 

The standard conditions proposed to be imposed on all Complying Development Certificates are extremely deficient in a number of areas. Table 5 of attachment 2 shows which conditions are included that Council currently imposes on Complying Development and whether there is an equivalent one proposed under the Code. Of major concern is the absence of conditions relating to permitted hours of construction, notification requirements of commencement of works, compliance with Workcover requirements for removal of asbestos, fire safety upgrade requirements and conditions relating to the protection of Council’s assets (kerb & gutter and footpaths etc).

 

Whilst it can be argued that some conditions typically imposed on development consents by Council are technically not necessary as they are covered by other legislation (e.g. BCA & Workcover requirements) it has to be remembered that a large majority of ‘mum and dad’ builders may be unaware of certain requirements and the conditions serve as both an educational function as well as being readily and easily enforceable by compliance officers. The absence of these conditions from approvals would potentially make Council’s regulatory job more difficult.

 

The importance of these conditions in providing the balance between allowing owners to develop their property and maintaining a reasonable level of amenity and protection of life and health, is such that Council should make representations in the strongest possible terms to have the appropriate conditions imposed on all CDC’s.

 

Checklist suggestion

 

In discussion with planning staff in the Development Services Unit the view was reached that the relevant standards and controls are not presented in an easy to read manner. It would be useful to members of the public for a standardised assessment template to be prepared by the Department to accompany the codes. This along with a practice or explanatory note would be of assistance for the general public to interpret jargon and understand the intent of some of the standards.

 

B.        Comparison and critique of the proposed new codes with Parramatta’s existing controls

 

Single storey dwelling houses and alterations and additions to single dwelling houses

 

The following section is intended to illustrate the key differences and areas of concern identified in the new codes.

 

As depicted in Attachment 2, the draft code provides a number of controls not dissimilar in nature to those contained within Council’s current DCP. The code is applicable for construction of new dwelling houses on lots 600sqm or greater which are outside of Heritage Conservation Areas. The single storey alterations and additions code also applies to lots greater than 600sqm and outside Heritage Conservation Areas. The two codes are discussed together in this report as many of controls in both are the same. 

 

The main areas of difference and concern between the draft codes are discussed below under relevant headings.

 

Streetscape

 

The draft code dictates a setback that is generally consistent with that of development immediately adjacent however also identifies an ‘articulation zone’ control where elements such as entry features, porches, bay windows and like can project up to 1.2m forward of the building line.

 

In areas where there are no existing buildings facing the street on immediately adjacent land, the front setback control is 4.5m. This scenario is not likely to be common but in areas undergoing re-development it could be possible for someone to construct a portion of a dwelling or dwellings as close as 3.3m from the front boundary (i.e. 4.5m setback -1.2m elements in the ‘articulation zone’). This could conceivably alter the character of a street incrementally and create a crowded streetscape feel altering, detrimentally, the character of an area compared to streets that currently comply with Council’s DCP controls.

 

Site coverage

 

The proposed code introduces a site coverage control rather than the FSR control that Council currently utilises. The site coverage proposed under the code is 60% for sites 600sqm in area and reduces on a sliding scale as the lot size increases.

 

To take an example of a new dwelling on a 600smq lot a comparison between the code and Council’s controls indicates that an applicant could obtain an additional 24sqm floor area under the code than someone lodging a traditional Development application. Whilst not a significant difference probably equating to a large master bedroom or a family room, the incremental effect could alter the character of an area and compromise Council’s ability to provide consistent assessment outcomes when assessing those new dwellings for which a Development Application has been lodged.

 

Private Open Space

 

The proposed code introduces a percentage control for provision of private open space which increases as site size increases. The resultant square metres required are comparable if not greater than what Parramatta Council currently requires, however, of concern is that there is not a landscaping and or deep soil component for open space and the minimum dimension is only 2m. Council currently requires private open space to contain a minimum dimension of 6m x 6m. The provision of private open space with dimension of 2m does not provide for adequate areas of active play and or recreation in back yards. Whilst the use of private and public open space areas is largely an issue of choice for individuals, reducing the requirement of open space to having a dimension of only 2m is considered too small and too inconsistent with Council’s current controls.

 

Side and Rear Setbacks

 

Side and rear setback within the single storey new dwelling code is set on a sliding scale dependant on wall height and length and whether there are major openings in that elevation. Council’s minimum complying code for side setbacks is 1.2m. The draft code provides a minimum setback of 0.9m which is consistent with the Building Code of Australia.

 

However, the rear setback controls of the draft code are considerably lower than Council’s complying code as shown in Attachment 1. The rear setbacks in the draft code range from 0.9-1.5m for walls with no major openings and 1.9-2.5m for walls with major openings.  Council’s complying code for rear setbacks is significantly larger, being 6m or 30% of the length of the site, whichever is greater. In addition to the sliding scale and private open space requirements, setbacks of neighbouring properties should be considered to encourage some level of street consistency. This is a major variation to Council’s DCP and it would be difficult to maintain the application of this standard whilst complying development standards are so much more accommodating.

 

Pools and Fencing

 

The single storey new dwelling code does not contain any controls or guidance on the provision of swimming pools or fencing or retaining walls. These controls are contained within the alterations and additions code.

 

The code for swimming pools states that in residential zones, pools sited between the dwelling house and the primary street frontage must be located behind a solid fence. This fence is allowed to be up to 1.8m in height. This is of major concern due to the impact on streetscape that solid 1.8m high fencing will have. Additionally, the construction of 1.8m fencing on the front boundary raises other concerns in relation to safety, namely site lines of reversing cars being compromised as well as solid walls being potential graffiti targets and reducing casual surveillance of the street. This is contrary to best practice planning principles.

 

Currently under Council’s complying development criteria for swimming pools, pools must be located only in the rear yard.

 

The draft code also allows for pools to be constructed with coping and decking up to 1.5m above ground level with a side setback of 1.5m from property boundaries. Currently Council’s DCP sets a maximum height of 600mm above ground and any higher requires a merit assessment and consultation thought the development application process. In some circumstances, 1.5m above ground may be acceptable in terms of privacy and overlooking, however, it illustrates further how the ‘planning by numbers’ approach of a blanket code is impractical and could lead to serious compromising  of a neighbour’s amenity.

 

It is recommended that Council, in its submission raise strenuous objections to this aspect of the code.

 

Drainage

 

The draft code contains a requirement that rainwater be conveyed to a Council controlled system or on site absorption trench. This is consistent in principle with Council’s current policy for new dwellings however it needs to be noted that stormwater management and disposal is not always prescriptive and needs to be assessed on a case by case basis given the varying elements such as topography, current stormwater infrastructure in the area, location in the catchment and so on. The code makes a blanket reference to compliance with any criteria by the relevant public authority.  This is likely to be difficult to manage particularly when a private Principle certifying authority is issuing a Complying Development Certificate. The results of this arrangement will not be readily evident until heavy rain events, which may be some time after completion.

 

Miscellaneous

 

The new dwelling code makes references in the table of contents to swimming pools (2.1.3) yet there are no details within the new dwelling code for swimming pools. It could be assumed that an applicant would go to the alterations and additions code to look at the swimming pool guidelines, however, this illustrates the potential confusion for applicants as to what codes apply in what circumstances.

 

On page 14 of the new dwelling code and 2.3.2.5 – Exemptions it is stated that the setbacks referred to in the table “do not apply to allowable encroachments permitted under clause 3.7.1.7 of Volume Two of the Building Code of Australia”. It then states that “if land immediately adjoining the site boundary is a public reserve, no minimum setback is required from that boundary.”

 

The use of the Building Code of Australia, a document largely aimed at achieving adequate fire safety and structural adequacy, to control amenity, is not transparent and leads to a lack of certainty and confusion by applicants and neighbours as to what the standard is.

 

Second story additions

 

Parramatta DCP 2005 currently does not allow any works to two storey dwellings as complying development.  As such, there are no equivalent provisions to compare with the proposed Code.  The effect of the Code in Parramatta would be to introduce an additional category of Complying Development.  It is noted that the majority of internal alterations to two storey dwellings would meet the criteria for exempt development under the current Parramatta DCP for Exempt Development.  As such, the Complying Development criteria would only be relevant to a small number of applications, such as applications that propose to alter the configurations of rooms by removal of walls or to install new bathrooms or kitchens.

 

This proposed criteria for Complying Development limits it to works that:-

 

-           Do not involve any alteration to the external appearance of the dwelling;

-           Basement levels must be accessed from within the house; and

-           Any internal alterations to a car parking space must comply with the criteria from Chapter 3 relating to single storey dwellings (eg. the development must result in at least one parking space and which must be sited at least 1.0m behind the front building line).

 

Applications that propose to alter the external appearance of a two storey dwelling such as proposals to install a new window or change the size of a window (with associated potential impacts on neighbour privacy) will still necessitate a full development application.  It is considered that the proposed Code is reasonable and no objection is raised.

 

C.        Commercial and industrial development

 

Changes of use and internal fit out provisions for industrial and commercial development are currently exempt development under Parramatta Development Control Plan 2005. The state-wide draft code for commercial and industrial development proposes these activities to be complying development. 

 

It is difficult to understand the rationale of making such activity complying development, therefore requiring some form of approval. The reason for this variation could well be that in a state-wide context, few Council’s opt for guidelines that enable these minor activities, such as change of use and internal fit outs, to be exempt or complying development. Furthermore, there is a deliberate intent in developing these standard codes to have consistency in the way these activities are assessed. 

 

Irrespective of whether it is proposed for these activities to be exempt or complying development, there is little difference between the requirements for commercial and industrial activities allowed as complying and those allowed as exempt under Council’s existing DCP.

 

The key change between the proposed state wide complying development code and Council’s exempt development is that for commercial uses, change of use/fit out applications are restricted to a total floor area of 2000 sq.m whereas currently the floor area requirement is unlimited. For industrial uses involving a change of use/fit outs, floor area is also restricted to 2000 square metres whereas currently that is limited under Council’s exempt and complying development code to 500sq.m.

 

The state wide complying development code also includes advertising signage requirements for various purposes. Currently, advertising signs that apply to commercial and industrial premises are exempt development and allow for greater flexibility in the type of signs that can be constructed than that proposed in the state-wide code.

 

 

D.        Exempt development (residential and commercial)

 

Tables 3 and 4 in attachment 2 provide a comparison between the Housing and Commercial Building Codes and Council’s current exempt development criteria listed in Section 6 of Parramatta DCP 2005. Currently Council’s exempt development clause excludes the following areas/sites:

 

·   Heritage items;

·   Aboriginal Place or Relic;

·   Zone 7 or 9(d) within 6m of Zone 6(a) Critical Habitat;

·   Flood liable land 1 in 100 ARI;

·   Land Within 40 metres of a 'river';

·   Crown Land dedicated for preservation of flora, fauna or geological formations; or

·   Aquatic Reserves.

 

The enabling SEPP for these codes has not yet been released for comment so it is unclear as to whether these exclusions will be lost in full or part under the new Codes.

 

 

Heritage Items & Conservation Areas

 

Under the Codes exempt development criteria allows for some work to heritage items, but this seems to be inconsistently applied. For example you can do something as insignificant as a barbeque, but not a letterbox or flag pole.

 

No demolition of any heritage items is permitted under the draft exempt code.

 

Under the draft exempt code the only demolition that can be undertaken in a heritage conservation area (and all areas) is of structures that would meet the exempt development criteria to be constructed. For example if a pergola with open roof and sides is able to be constructed as exempt development then it could also be demolished under the exempt provisions of the code.

 

Inconsistency in Development Types

 

A number of development types are introduced by the Codes and not currently included in Parramatta DCP 2005 (e.g. building site sheds, driveways, pigeon cages and lofts, poultry houses & scaffolding). Similarly a number of development types are not contained within the Codes but are currently included in Parramatta DCP 2005 (e.g use of class 9b building for a public meeting, portable classrooms, window security grilles and shutters, paving and concreting).

 

Whilst not of major concern, the inconsistency in types and jargon could be confusing.

 

Cumulative Impacts

 

The code does not take into account the cumulative impact on site coverage, landscape area and deep soil areas as a result of undertaking exempt development. This is currently covered for certain types of exempt development listed under DCP 2005.

 

Where boundary adjustments are permitted as exempt development, no criteria is provided to ensure that the subsequent subdivision would meet Council’s minimum allotment sizes. Council does not currently allow this as exempt development, but rather this forms complying development under DCP 2005, with a minimum lot size and frontage prescribed.

 

Fit out of Commercial Premises

 

Under the Commercial Building Code criteria, the minor internal alterations to commercial premises does not exclude the fit out of food premises, hair dressers, beauty salons or skin penetration activities. As these types of uses are subject to health standards, these should be excluded from exempt development to ensure suitable compliance.

 

Consideration is not given to the potential fire safety, health or environmental upgrades which may be associated with the fit out or alteration to a commercial premises.

 

Repetition

 

The Housing and Commercial Building Exempt Criteria appear to be the same for a number of development types, with the exception of applicable zones.  A single code would avoid unnecessary repetition and may be easier to use.

 

Within the Codes, certain development types are listed under multiple headings (e.g. Pergola (covered) is listed with 'Awnings' but Pergola (uncovered) is separately listed as ‘Pergola’). This could lead to confusion when using the Codes.

 

Referencing of relevant legislation, Australian Standards, Codes, Policies

 

The Codes do not generally reference other relevant legislation, Australian Standards, the Building Code of Australia or the requirements of other public authorities such as Work Cover, Australia Post etc, and does not include any control for hours of construction or demolition. As no conditions are issued with exempt development, this is of concern as it makes the enforcement role of Council more difficult.

 

Drainage & Flooding

 

The Codes apply an inconsistent approach to stormwater control. Most developments require that stormwater not create nuisance to neighbouring sites, while others require connection to stormwater system. It is unclear on what basis this has been applied.

 

Under the code some structures cannot be erected in flood affected areas, but this is not consistently applied.

 

General Controls

 

It is recommended that a list of General Controls applicable to all exempt development be listed at the front of the document, allowing a lot of repetition to be deleted. Things which could be included here may include for example:

 

·   One (1) type of each development type per site.

·   Hours of construction/demolition.

·   No new structures in flood affected areas.

·   Structure must not be located over easements or within 1.5 metres of manholes, risers, power lines, etc.

·   Structures must not alter natural flow of stormwater.

·   Stormwater runoff must not cause nuisance to neighbouring properties.

·   Cumulatively, all structures must not cover X percentage of total site area.

·   Must not be located within 1.2 metres of a swimming pool fence.

·   Development to be located entirely within the bounds of the site.

·   Must achieve the requirements of the Building Code of Australia or other legislation/Australian Standards etc.

 

Special Character Areas

 

Additional criteria will need to be applied for exempt development in Special Character Areas within Parramatta LGA. This could be applied within the proposed local variations.

 

Signage

 

Under the Codes, certain types of signage will become exempt development, which currently require consent, including pylon signs. Substantial real estate signage also has the potential to be erected as exempt development under the codes and may create a visual impact (e.g a subdivision of between 20 – 50 lots could erect 20sqm of signage without consent).

 

F.        Proposed local variations

 

The analysis in this report has revealed there are a large number of variations between the new state-wide Exempt and Complying Development codes and the existing exempt and complying development codes enforced by Parramatta DCP 2005. Some of the proposed variations are significant which will deliver poor design outcomes.  Other variations are more minor that need further consideration before they are implemented, where as others are inconsequential.

 

This report has identified the critical issues that are considered will have the greatest impact on the design of future housing and the look of local neighbourhoods. A frustrating aspect in undertaking this assessment is there is still some important detail missing in the new state-wide codes. An example in case is the uncertainty around what constitutes a special character areas and whether it will be excluded from Complying development provisions.

 

Therefore, it is suggested that the recommendations of this report, which will form the basis of a submission can also be used by Council as a starting point to begin negotiation with the State Government as to the variations it endeavours to seek in implementing the new code. If these codes are adopted and enforced in their current form, there will be a need to review the Parramatta DCP as it would be too inconsistent with the codes and make the assessment of development applications problematic due to the nature and extent of the discrepancies.

 

G.        Future Complying Development codes and the LUTP work program

 

There will be a variety of codes for different types of housing rolled out in the coming months. These are outlined below:

 

§ Single storey new houses on lots 450sq.m-600sq.m

§ Single storey alterations and additions 450-600sq.m

§ Single storey new houses 200-450sq.m

§ Single storey alterations and additions 200-450sq.m

§ Terrace house 200-450sq.m

§ Terrace House alterations and additions 200-450sq.m

§ Two storey house > 600sq.m

§ Two storey house 450-600sq.m

§ Two storey alterations and additions 450-600sq.m

§ Two storey new house 200-450sq.m

§ Two storey alterations and additions 200-450sq.m

§ Duplex (two storey) 200-450sq.m

 

A criticism of the planning reform process so far has been the limited opportunity for assessment and debate on such significant changes. Public consultation timeframes have been set to a minimum. Based on this experience, it is not unreasonable to suspect that the remaining eleven codes will be placed on public exhibition in quick succession.

 

Of the future codes to be prepared, the construction and alteration tol two storey homes on sites greater than 450sq.m is a major departure from Council’s existing approach. New two storey homes are arguably one of the most popular development types currently subject to a DA merit assessment. The potential for two storey homes to be constructed without the opportunity for participation from neighbours is a major concern. On the other hand, other developments where complying development codes will be prepared, for example terrace housing 200-450sq.m and single storey homes 200-450sq.m codes are unlikely to be constructed as readily as two storey dwellings. This is because current minimum allotment size requirement mean it is unlikely Council will consider many application of this nature, irrespective of whether its complying development or a development application.

 

The introduction of new exempt and complying codes represents one of the most significant changes to planning reform since the original introduction of exempt and complying development in 1998.  It needs to be acknowledged though, that the level of work involved in critiquing each code is extensive and can be seen by the level of detail submitted in this report. It is possible that unreasonable State Government consultation processes will continue to place extra burden on the LUTP unit. Taking into consideration the importance of some of these reforms, it should be acknowledged  that priority given to the reforms process may impinge upon other projects of the LUTP unit.

 

H.        Conclusion 

 

Council’s submission needs to focus on three areas; policy, operational and design outcomes. From a policy perspective, the analysis of the new state-wide codes released by the State Government in May 2008 reinforces the inherent concerns Council has expressed in earlier submissions to the planning reform process. Operational concerns stem from the idea that there is still information that is yet to be finalised which is restricting Council from understanding the full repercussion of this set of reforms. An example of this is the SEPP which will regulate exempt and complying development is not yet prepared. From a design aspect, the new codes themselves, apart from highlighting deficiencies in a system that is dependant solely on prescriptive planning controls also demonstrate some significant departures from Council’s existing codes which will deliver poor design outcomes.

 

Council submission shall incorporate the following statements;

 

Policy issues:

 

a)   The exposure bill needs to be amended to ensure a requirement for formal notification and consultation with neighbours is an inherent component prior to the lodgement of a Complying Development proposal, and that a requirement to issue a courtesy notice once the complying development certificate has been issued and prior to commencement of work, is unacceptable.

 

b)   The decision to remove the capacity for principal certifying authority to issue a provisional complying development certificate is welcomed and it is believed will provide the community with some level of certainty as to what can and can’t be built next door as complying development.

 

c)   That Council express its disappointment that the release of information on these major reforms continue to be provided with the omission of information critical to understanding the full implications of the reforms. In this case, the State Environmental Policy to accompany the new state-wide codes was not released continuing the trend of uncertainty over the applicability of the codes.

 

Operational issues:

 

a)    The standard conditions proposed to be imposed on all Complying

       Development Certificates are extremely deficient in a number of areas. There needs to be a complete review of standard conditions to ensure they are practical and enforceable as with any other approval issued under the Environmental Planning and Assessment Act.

 

b)   It is unlikely that Principal Certifying Authorities, including Council can comply with the 10 day timeframe with uncertainty about when the assessment component of complying development proposal begins. For example, there are no provisions in the code, or exposure bill, to direct Principal Certifying Authorities, including Council, about how they should deal with applications that are missing a relatively small piece of information.

 

Design issues

 

Single storey housing greater than 600sq.m and alterations and additions to single storey housing

 

a)   The potential for some sites to achieve a 3.3 metre front setback could conceivably alter the character of a street incrementally and over time create a crowded streetscape feel altering, detrimentally, the character of an area.

 

b)   The incremental affect of introducing a 60% site coverage requirement in complying development could alter the character of an area and compromise Council’s ability to provide consistent assessment outcomes when in a development application process, the equivalent floor space requirement is 0:5:1.

 

c)   There is not a landscaping and/or deep soil component for open space and the minimum dimension required is only 2m.The provision of private open space with dimension of 2m does not provide for adequate areas of active play and/or recreation in back yards.

 

d)   That Council strenuously object to the provisions which allow swimming pools in front yards and pool decking up to 1.5m from ground level. This will create an unacceptable issue in privacy where swimming pools can be within 1.5 metres of a side boundary, and could dramatically affect streetscape quality with the potential for swimming pools in front yards having 1.8 metre fences fronting the street.

 

e)   The management of stormwater will be difficult for private Principle certifying authority when issuing a Complying Development Certificate needs to be assessed on a case by case basis given the varying elements such as topography, current stormwater infrastructure in the area, location in the catchment etc.

 

f)    There is concern that the use of the Building Code of Australia, a document largely aimed at achieving adequate fire safety and structural adequacy, is also being used to control amenity. This approach is inappropriate and leads to a lack of certainty and confusion by applicants and neighbours as to the true design outcome intended.

 

g)   The State Government consider change of use and internal fit out provisions for industrial and commercial development to be exempt development under the new-state wide codes.

 

 


Attachment 2

Comparison of Controls Application Under the Proposed State-Wide Exempt and Complying Development Codes and Council's Existing Exempt and Complying Development

 

 

Table 1… Complying development code – Single storey dwellings greater than 600sq.m and single storey alteration and additions

 

The controls in table 1 apply to the new complying development codes for single dwelling houses > 600sq.m and single storey alterations and additions

 

Design principles

Proposed Complying Development Code (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

Prescriptive control applicable to a development application*

Comments

 

2.1.1 Articulation zone

4.5m where there are no adjacent dwellings but can go down to 3.3m as elements (porches, bay-windows/etc can project 1.2m forward of main building)

 

No ‘articulation zone’ control but 5-9m and consistent with prevailing setback in the street

No ‘articulation zone‘ control but 5-9m and consistent with prevailing setback in the street

Major concern. The encroachment of the articulation zone into the front setback could conceivably alter the streetscape.

 

Max floor area of element – 10m2, where there is more than 1 structure – max aggregate area of 15m2

Max gross floor area of element – 30m2, where there is more than 1 structure – max. aggregate area of all elements is 50m2

 

Merit based

Inconsequential

 

2.1.2 Carports and Garages

1m back from front facade

Behind building line or no forward of building line of adjoining development, whichever is greater

 

300mm behind front building façade

Inconsequential

 

Max 6m in width or 50% of building width

Max 6m x 6m

Max 6.3m or 50% of building width, whichever is lesser

 

 

 

Inconsequential

Design principles

Proposed Complying Development Code (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

Prescriptive control applicable to a development application*

Comments

 

2.2 Bulk and Scale

 

 

 

 

 

 

2.2.1 Building heights

Ceiling height of habitable rooms:

<4.5m wide – 2.4m min

>4.5m wide – 2.7m min

Eves – 4m

Ridge – 6m

 

Internal floor to ceiling height – 2.7 min and 3m max

Max roof pitch 22.5 degrees

Merit based

Inconsequential

 

2.2.2 Site coverage

Max 60% (excl basements, awnings, eves, decks). Site coverage % reduces as site size increases

 

0.45:1 (excl. 1 car space)

0.5:1 (excl. 1 car space)

Major concern. The code allows an additional 24sqm of floor area on a 600m2 site than someone lodging a Development Application. This will compromise Council’s ability to provide consistent assessment outcomes.

 

2.3 Setbacks &

2.5 Privacy

Front – average distance between adjacent buildings setbacks. Where there are no adjoining dwellings then 4.5m (down to 3.3m for ‘articulation zone’). 9m for classified road.

 

5-9m consistent with prevailing setback in street

5-9m consistent with prevailing setback in street

Major concern. The encroachment of the articulation zone into the front setback could conceivably alter the streetscape.

 

 

 

 

 

 

Design principles

Proposed Complying Development Code (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

Prescriptive control applicable to a development application*

Comments

 

Setback on corner sites front – same as adjacent and 1.5m from secondary frontage

 

3m from secondary frontage

3m from secondary frontage

Comparable outcome achieved. The code does not allow development within the secondary boundary, whereas development such as pergolas is assessed by Council on its merit.

 

Side and rear setback – sliding scale dependant on wall height and length and whether there are major openings in that elevation

 

Side – 1.2m min.

Rear – 6m or 30% of length of site, whichever is the greater.

Merit based

Major concern. Setbacks should be consistent with neighbouring properties.

 

Where habitable windows are less than 5m apart – 500mm offset 

 

500mm offset

Merit based

Inconsequential

 

Privacy screens for decks and balconies greater than 1m above ground level

 

N/A

Merit based

Inconsequential

2.4 Building Elements

Metal wall and roof cladding to be pre-coloured

N/A

Encouragement of use of materials consistent with neighbourhood character area controls

 

Minor concern. There is no provision in the code to ensure building materials are consistent with the neighbourhood’s character.

 

 

 

 

Design principles

Proposed Complying Development Code (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

Prescriptive control applicable to a development application*

Comments

2.6 Private Open Space

Lot area:

600m2 – 20% = 120m2

700m2 – 25% = 175m2

800m2 – 25% = 200m2

900m2 – 30% = 270m2

1000m2 – 35% = 350m2

 

>2m width

<1:10 gradient and excludes front setback area

 

At least 25% of POS must be within 15 degrees of north

 

100m2 with a minimum dimension of 6m x 6m

Min 30% deep soil zone of which the min. dimension is 4m x 4m, 50% is located at the rear and 15% at the front

 

100m2 with a minimum dimension of 6m x 6m

Min 30% deep soil zone of which the min. dimension is 4m x 4m, 50% is located at the rear and 15% at the front

 

 

Major concern. Orientation requirement of code could be impossible to meet without providing private open space in the front setback. Additionally, a 2m minimum width requirement does not provide for quality open space.

 

2.7 Garages and Driveways

 

1 space 1m behind front building line

Behind building line or behind adjoining development

Merit based

 

Inconsequential

 

2.8 Sloping Sites

 

1m max cut or fill

500mm max cut or fill

Merit based

Minor concern. Site specific characteristics will need to be considered to avoid amenity issues.

 

2.9 ESD

Compliance with BASIX, plus at least one habitable room within 15 degrees of north

 

 

 

 

 

 

BASIX

BASIX

Inconsequential

Design principles

Proposed Complying Development Code (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

Prescriptive control applicable to a development application*

Comments

 

2.9.2 Drainage

Rainwater must be conveyed to Council controlled system or absorption trench

 

Rainwater to be connected to Council controlled system of appropriately managed on site.

Rainwater to be connected to Council controlled system of appropriately managed on site.

Major concern. Site specific circumstances will need to be taken into account.

 

*Purpose is to provide a comparison between what is proposed under the Complying Development code and whether the control is consistent with what Council would apply if the proposal was lodged as a DA.

 

 


Attachment 2

Comparison of Controls Application Under the Proposed State-Wide Exempt and Complying Development Codes and Council's Existing Exempt and Complying Development

 

Table 2… Additional Controls of the Single Storey Alterations and Additions Code

 

The controls contained within the code for single storey alterations and additions generally reflect the controls in the code for new single storey dwelling houses. Table 2 however, outlines the additional controls that are included in the alterations and additions code.

 

 

Design principles

Proposed Complying Development Code (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

Prescriptive control applicable to a development application*

Comments

 

3.1 Streetscape

 

 

 

 

 

 

3.1.1 Articulation Zone

No development permitted within the secondary street articulation zone.

No alterations or additions to occur to any street frontage of a dwelling

Merit based

Major concern. Development within the street frontage could conceivably alter the streetscape.

 

3.1.3 Swimming pools

Pools sited between the dwelling house and the primary street frontage must be located behind a solid boundary fence.

Swimming pools are to be located only in the rear yard.

Merit based

Major concern. A solid front boundary fence will adversely impact the street streetscape.

 

All coping or decking around the pool- 1.5m maximum above ground level.

 

Maximum height of 600mm above ground level.

Merit based

Major concern. This control could seriously compromise neighbour amenity.

 

 

 

 

 

Design principles

Proposed Complying Development Code (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

Prescriptive control applicable to a development application*

Comments

 

The pool waterline setback from a side or rear boundary –1m minimum (except where the pool or decking is greater than 800mm above the existing ground, the setback must be more than 1.5m from a side of rear boundary)

1.5m minimum

Merit based

Major concern. This control could seriously compromise neighbour amenity.

 

3.2 Bulk and Scale

 

 

 

 

 

 

3.2.1 Additions and detached ancillary outbuildings

Height of external walls- 3m (maximum)

Roof- 24 degrees (maximum)

Maximum controls:

External walls- 3m

Roof- 22.5 degrees

 

Merit based

Inconsequential

 

3.3.2 Side and rear setbacks of detached ancillary outbuildings

Setbacks are determined by a sliding scale dependant on wall height and wall length

Side- minimum 1.2m

Rear- 6m or 30% of length of site (whichever is the greater)

 

Merit based

Major concern. Setbacks should be consistent with neighbouring properties.

 

3.10 Removal or Demolition of a Dwelling House

 

A separate approval is required for the removal of trees and the resiting of a dwelling on other land

A separate approval is required for the removal of trees and the activity is confined to within the property boundaries

Merit based

Inconsequential

 

3.11 Bed and Breakfast Accommodation

 

Must be classified as a Class 1b building under the Building Code of Australia.

The premises are lawfully approved for the purpose of a dwelling house.

 

Inconsequential

 

 

 

 

 

Design principles

Proposed Complying Development Code (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

Prescriptive control applicable to a development application*

Comments

 

 

 

Maximum of 3 bedrooms used for accommodation.

Maximum of 2 bedrooms

Merit based

Inconsequential

 

 

 

 

The development must not involve extension or enlargement of existing building.

N/A

Merit based

Inconsequential

 

3.12 Fences and Retaining Walls

 

Front fence-1m from front boundary

No control.

Merit based

Inconsequential

 

Maximum height of fence- 1.8m (for sloping sites this height cannot be exceeded by more than 20%)

 

Exempt Control- 1.8m maximum.

Merit based

Inconsequential

 

Maximum height of a retaining wall combined with a side or rear boundary fence is 2.1m.

Exempt Control- Maximum height of fence is 1.0m if constructed on masonry materials.

Merit based

Comparable outcome achieved. Height of fence is comparable between codes.

 

Maximum cut or fill to retaining walls is 1m

500mm max cut or fill

Merit based

Major concern. Site specific characteristics will need to be considered to avoid amenity issues.

 

 

 

 

 

 

Design principles

Proposed Complying Development Code (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

Prescriptive control applicable to a development application*

Comments

 

Vehicular entrances must be provided with a 900mm x 900mm splay on each side of the entrance

No control.

Merit based

Inconsequential

 

*Purpose is to provide a comparison between what is proposed under the Complying Development code and whether the control is consistent with what Council would apply if the proposal was lodged as a DA


Attachment 2

Comparison of Controls Application Under the Proposed State-Wide Exempt and Complying Development Codes and Council's Existing Exempt and Complying Development

 

Table 3… Exempt Development for all Residential and Rural Zones except where specified otherwise

 

Type of Development

Draft  Exempt Development Code

 (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

Comments

5.1 –Erection of Buildings

Aerials or Antennae

 

· Maximum height—1.8m above ground.

· Maximum height—3.5m above roof level.

· Where free-standing, must be in rear yard.

· Does not apply to free standing aerial or antennas associated with a heritage item.

·

· One per dwelling house, multi unit development or RFB.

· Maximum height of 3m above ridge line or a maximum of 6m above natural ground level.

· Not located on the front façade of buildings.

Minor Concern

· Code does not limit one per site.

· Code allows greater height and does not prohibit within front building facade.

Air conditioning units

 

· Must be setback 900mm from all boundaries.

· Maximum height 1.8m.

· Attached to external wall or ground mounted.

· Does not apply to wall mounted units attached to a heritage item.

·

· Noise level not to exceed 5dBA above ambient background noise level measured at the property boundary.

· Attached to external wall or ground mounted.

· Located in side or rear elevations out of public view.

Minor Concern

· Code does not provide noise criteria.

Awnings, patios, pergolas, shade structures and fixed sail awnings

 

· No enclosed walls.

· Maximum area not to exceed more than 15% of the existing ground floor area of building.

· Located behind the building line.

· Maximum height must not extend above the level of the eave gutter line.

· Roof framing to be a minimum 500mm from side or rear boundary.

· Must be located entirely within property.

· Does not apply to a heritage item.

Awnings (covered) & Pergolas (uncovered)

· Max area of 20m² or 10% of the rear yard whichever is less

· The maximum cumulative area of all awnings, bird aviaries, carports, concreting, canopies, cabanas, decks, garden sheds, gazebos, greenhouses, patios, paving, pergolas on the site shall not exceed 10% of the total site area.

· A minimum of 50% of the perimeter of the structure must be open with no walls.

· Located wholly within the property boundaries and no closer to the street than the associated dwelling.

· The maximum height above natural ground level: does not exceed 2.4m for a flat roof structure; or does not exceed 3m for a pitched roof structure or if attached to the dwelling and with a maximum wall height of 2.4m if detached.

· Must not reduce deep soil below 30% of the site area

Major Concern

· Code does not consider cumulative impact on site cover or deep soil.

· Code does not provide an absolute maximum area.

· Code does not set an absolute height.

· Council does not roofed pergolas as exempt development.

· Providing different categories for Covered Pergolas and Uncovered Pergolas is confusing and includes unnecessary repetition.

 

 

 

 

 

 

Type of Development

Draft  Exempt Development Code

 (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

 

Comments

 

5.1 –Erection of Buildings

5.1 –Erection of Buildings

· Maximum area—4m².

· Must be located at least 450mm from any property boundary (other than in relation to gas operated barbeques).

· Maximum height—1.8.m.

· Must be located in rear yard.

· Maximum area of 4m².

· Maximum height (including chimney) 2m.

· Located in the rear yard or behind a courtyard wall, with no greater than 200mm of chimney above wall.

· Located no closer than the existing side boundaries of the dwelling and no closer than 1.2m to any pool safety fence.

Minor Concern

· Code allows lesser height.

· Code does not make provision for setback to pool fencing.

· Code only required 450mm boundary setback. May be less than DCP 2005 in most instances.

Bird Aviaries

(domestic purposes)

 

· Maximum floor area—10m².

· Maximum height—2.5m.

· Must be located in rear yard.

· Must be located at least 10m from dwellings.

See ‘Outbuildings’

Inconsequential

Providing different categories for Bird Aviaries, Pigeon Cages and Poultry Houses is confusing and includes unnecessary repetition.

Building site sheds, offices and amenities

 

· Must be located entirely within the boundary of the property, in conjunction with development consent.

· Must be removed immediately after cessation of the development or completion of the building and prior to occupation.

· Must not be used for residential purposes.

· Must be connected to an approved waste treatment device or an approved connection to the sewer.

N/A

Inconsequential

 

Bus Shelter

N/A

· Must be constructed by or for Council.

· A maximum height of 2.7m above footpath.

· Maximum area of less than 10m².

· A maximum of one double sided advertising panel attached to the bus shelter.

Inconsequential

· Not included in the proposed Code.

· This is exempt development under SEPP (infrastructure).

 

 

 

 

 

 

Type of Development

Draft  Exempt Development Code

 (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

 

Comments

 

5.1 –Erection of Buildings

Cabanas, Cubby Houses, Garden Sheds, Gazebos

 

· Maximum floor area—20m².

· Maximum height—2.5m.

· Must be located in rear yard.

· Must be located at least 900mm from side and rear boundary in residential zones.

· Must not be used for commercial purposes where located in residential zones.

Applies to Cabanas and Gazebos only.  Separate Criteria provide for Garden Sheds under ‘Outbuildings’ and Cubby Houses under ‘Playground Equipment’.

· Max area of 20m² or 10% of rear yard, whichever is less.

· The maximum cumulative area of all awnings, bird aviaries, carports, concreting, canopies, cabanas, decks, garden sheds, gazebos, greenhouses, patios, paving, pergolas on the site shall not exceed 10% of the total site area.

· Located in the rear yard only.

· Located a minimum of 900mm from any boundary.

· The maximum height above natural ground level: does not exceed 2.4m for a flat roof structure; or does not exceed 3m for a pitched roof structure or if attached to the dwelling and with a maximum wall height of 2.4m if detached.

· Must not reduce deep soil below 30% of the site area.

Major Concern

· Code does not consider cumulative impact on site cover or deep soil.

 

Carports

 

· Maximum area—20m².

· Maximum height—3m, or where attached to an existing single storey house and must not extend above the eave gutterline.

· Must have two or more sides open and not less than one-third of its perimeter open.

· Must be located at least 1.0m behind the building line.

· Must be 500mm from side and rear boundary.

· Must not involve the construction of a new driveway or gutter crossing.

· Does not apply to a heritage item unless located within the rear yard.

· Maximum area of 20m².

· Located a minimum of 300mm behind the front building line

· Located a minimum of 900mm from any boundary.

· A minimum of 50% of the perimeter must be open.

· The maximum height natural ground level: does not exceed 2.4m for a flat roof does not exceed 3m for a pitched roof with a maximum wall height of 2.4m

· Must not reduce deep soil below 30% of the site area.

· The maximum cumulative area of all awnings, bird aviaries, carports, concreting, canopies, cabanas, decks, garden sheds, gazebos, greenhouses, patios, paving, pergolas on the site shall not exceed 10% of the total site area.

· Additional criteria also provided for Special Precinct Areas.

Major Concern

· Additional site specific provisions will need to be included for Special Precinct Areas within Parramatta.

· Code applies blanket 3m height control for flat and pitched roofs.

· Code requires greater setback behind building line.

· Code allows reduced side and rear setback.

· Code does not consider cumulative impact on site cover or deep soil.

 

 

 

 

 

 

Type of Development

Draft  Exempt Development Code

 (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

 

 

Comments

 

5.1 –Erection of Buildings

Clothes Hoists/Lines

 

· Must be installed in accordance with the manufacturer’s specifications.

· Must be located behind the building line.

· Does not apply to clothes lines fixed to an external wall of a heritage item.

· Must not be located in front yards.

· Installed to the manufacturers’ standards.

· Not installed on balconies within dwellings.

Minor Concern

· Code does not restrict clothes lines from front yards or balconies.

Clothing Bin

N/A

N/A

Inconsequential

· This category has been included in Council’s Draft LEP 2008.

Dams (Small)

 

· Must be ancillary to agricultural use of land.

· Criteria relating to depth & batters provided.

N/A

Inconsequential

· This should apply to rural zones only.

Decks & Patios

 

· No enclosed walls.

· Maximum area not to exceed more than 15% of the ground floor area of the building.

· Must be located on the ground floor.

· Must be located behind the building line.

· Maximum height must not extend above the level of eave gutter line.

· Roof framing must be located at least 500mm from side and rear boundaries.

· Maximum height 1m above ground level.

· Must be located entirely within the boundaries

· Does not apply to a heritage item unless located within the rear yard.

· Unroofed and attached to dwellings only.

· Max area of 20m² or 10% of rear yard, whichever is less.

· The maximum cumulative area of all awnings, bird aviaries, carports, concreting, canopies, cabanas, decks, garden sheds, gazebos, greenhouses, patios, paving, pergolas on the site shall not exceed 10% of the total site area

· Finished surface level to not be greater than 600mm above the existing natural ground level.

· No closer than 900mm from an adjoining side and rear property boundaries.

· Located no closer to the street than the associated dwelling.

· Must not reduce deep soil below 30% of the site area

Major Concern

· Code allows for associated roofing.

· Code does not consider cumulative impact on site cover or deep soil.

· Code does not provide an absolute maximum area.

· Front setback may be less under the Code.

· Code allows greater height above ground level.

 

Driveways and Pathways

(other than over public land)

· Must not be elevated or suspended above natural ground level.

· Must not be in conjunction with retaining walls greater than 600mm high.

· Must comply with any specified council policy on maximum gradients and transitions.

See ‘Paving and Concreting’

Major Concern

· Council does not allow driveways as exempt development.

· Code does not consider cumulative impact on site cover or deep soil.

 

 

 

Type of Development

Draft  Exempt Development Code

 (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

Comments

 

5.1 –Erection of Buildings

Fences Behind Building Line (side or rear)

 

· Does not apply to a heritage item.

· Does not apply in flood affected areas (above the 1 in 100 ARI).

· If constructed of timber, metal or light weight materials, max height above ground - 1.8m.

· If constructed of masonry or chain wire, maximum height above ground level - 1m.

· Maximum cut or fill to retaining walls must not exceed 1.0m above or below ground level.

· On sloping sites, the fence must be stepped so that the maximum height of the fence at each step does not exceed 1.8m above the ground level (existing) by more than 20%.

Side fences and rear boundary fences  (other than fences covered by the Swimming Pools Act 1992)

· Maximum height of 1.8m, if constructed of timber or non sheet metal lightweight materials.

· Maximum height of 1.0m if constructed of masonry materials.

· Sheet metal fences are not to be constructed on corner lots and boundaries where lots adjoin public reserves or public places

· Additional criteria also provided for Special Precinct Areas.

Minor Concern

· Code provides less flexibility with regard to material choice.

· Additional site specific provisions will need to be included for Special Precinct Areas within Parramatta.

· No criteria provided top address change in level between neighbouring sites.

Fences within Building Line (front or side)

 

· Does not apply to a heritage item.

· Does not apply in flood affected areas (above the 1 in100 ARI) with the exception of front fences within the building line not within a floodway area.

· Maximum height—1.2m.

· Must be of an open style incorporating timber pickets or lattice style panels with a minimum aperture of 25mm.

· Must not be constructed of metal panel or chair wire fencing.

· Maximum cut or fill to retaining walls must not exceed 1.0m above or below the ground level (existing). (For the purposes of this the maximum cut and fill dimensions include any batters incorporated into the retaining wall).

· On sloping sites, the fence must be stepped so that the maximum height of the fence at each step does not exceed 1.2m above the ground level (existing) by more than 20%.

 

Front fences and corner fences (other than fences covered by the Swimming Pools Act 1992)

· Maximum height of 1.2m if constructed of timber or similar lightweight materials (other than sheet metal).

· Maximum height of 1.0m if of masonry materials.

· Maximum height of 1.2m above natural ground level, if constructed of masonry and combination of other materials (other than sheet metal), but masonry component to be maximum of 1.0m.

· Additional criteria also provided for Special Precinct Areas.

Minor Concern

· Code provides no flexibility with regard to material choice.

· Additional site specific provisions will need to be included for Special Precinct Areas within Parramatta.

 

Type of Development

Draft  Exempt Development Code

 (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

Comments

 

 

 

5.1 –Erection of Buildings

Flagpoles

 

· Does not apply to a heritage item.

· Does not apply in Environmental Zones and Waterways Zones

· Maximum height—6m.

· Must be structurally adequate.

 

· Maximum flag area 2m².

· Maximum height of the flagpole and flag 6m above natural ground level.

· One flag pole per property in residential areas and maximum of 2 flag poles in industrial /commercial areas.

· Minimum 1m clearance from power lines

Minor Concern

· Unclear why heritage items are exempt.

· Unclear why Environmental and Waterway Zones are exempted where the Code only applies to Rural and Residential Zones.

· Code does not restrict total number per premises.

· Code does not provide for setback to power lines.

Goalposts, play

equipment, sight screens and similar sporting

structures

 See ‘Playground Equipment’

 

· Excludes grandstands, dressing sheds and other structures designed to accommodate people.

· Located in public parks or recreation areas.

· Must be constructed by or for Council

· Located a minimum of 10m from any residential premises.

Inconsequential

· This is exempt development under SEPP (infrastructure).

Letterbox

· Does not apply to a heritage item.

· Maximum height—1.2m above ground.

· Must be visible from street alignment.

· In accordance with the guidelines for letterbox construction set by Australia Post.

Inconsequential

· Unclear why heritage items are exempt.

Minor External Alterations or Building Works

 

· Does not apply to a heritage item.

· Must only comprise non-structural alterations to the exterior of a building such as painting, plastering, cement rendering, cladding, attaching fittings, decorative work, replacement of external windows, glazed areas and doors, repairs to non-structural wall and roof cladding.

· Must not compromise the making of, or an alteration to the size of, any opening in a wall or roof of a building, such as a doorway, window or skylight (except in accordance with specific provisions relating to skylights).

 

Being recladding, painting, plastering, cement rendering, or repair, restoration or maintenance of damaged materials o roofs or walls, to dwelling houses

· The removal of asbestos cement and lead paint complies with Work Cover guidelines.

· Must be structurally adequate.

· No increase in the total floor area of the building.

· External configuration of the building shall not be altered.

· Work does not reduce light from windows or ventilation or reduce the number of exits or involve enclosure of open.

· Additional criteria also provided for Special Precinct Areas.

Minor Concern

· Additional site specific provisions will need to be included for Special Precinct Areas within Parramatta.

· Code should refer to Work Cover guidelines.

 

Type of Development

Draft  Exempt Development Code

 (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

 

 

Comments

 

5.1 –Erection of Buildings

Minor Internal Alterations (residential premises)

 

· Does not apply to a heritage item.

· Must be replacement of doors, walls, ceiling or floor linings, deteriorated frame members with equivalent or improved quality materials, and renovations of bathrooms, kitchens, inclusion of built-in fixtures such as vanities cupboards and wardrobes.

· Must not include changes to the configuration of rooms whether by removal of existing walls, partitions or other means.

· Must not cause reduced window arrangements for light and ventilation needs, reduced doorways for egress purposes or involve enclosure of open areas.

· Non structural work only.

· Renovations of bathrooms and kitchens including built in fixtures such as vanities, cupboards and wardrobes.

· Replacement doors, wall ceiling or floor linings, and deteriorated frame members, are constructed with equivalent or better quality materials.

· Work does not include changes to the configuration of rooms whether by removal of existing walls, partitions or by other means may be performed at ground floor level only.

· Work does not reduce light from windows or ventilation or reduce number of exits or involve enclosure of open areas.

· External configuration of the building shall not be altered.

· The removal of asbestos cement and lead paint complies with the Work Cover Authority’s guidelines.

· Rooms shall not be altered from non-habitable to habitable.

Minor Concern

· Code should refer to Work Cover guidelines.

 

Outbuildings, garden sheds, green houses,

bird aviaries

See ‘Cabanas, Cubby Houses, Garden Sheds, Gazebos’

 

· Max area of 10m² or 10% of rear yard, whichever is less.

· The max cumulative area of all awnings, bird aviaries, carports, concreting, canopies, cabanas, decks, garden sheds, gazebos, greenhouses, patios, paving, pergolas on the site shall not exceed 10% of the total site area

· Maximum height 2m above natural ground.

· Located to the rear of the building alignment and not closer than 1m from an adjoining property boundary.

· Aviaries a minimum of 10m from any dwelling

· Not involving the keeping of poultry

· Must not reduce deep soil below 30% of the site area

Major Concern

· Code does not consider cumulative impact on site cover or deep soil.

· Code allows for greater height and floor area.

· Code does not restrict one per property.

 

 

 

 

 

 

 

 

 

Type of Development

Draft  Exempt Development Code

 (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

 

 

Comments

 

5.1 –Erection of Buildings

Park and Street Furniture

 

N/A

· Applies to the erection/ installation of seats, bins, picnic tables and shelters.

· Where consistent with a Plan of Management adopted by Council.

· Construction by or for Council.

· Located on land under control of Council

·

Inconsequential

· Not included in the proposed Code.

· This is exempt development under SEPP (infrastructure).

Paving and Concreting

See Driveways and Pathways’

 

· Does not cover more than 25m² or 10% of the rear yard, whichever is less.

· The maximum cumulative area of all awnings, bird aviaries, carports, concreting, canopies, cabanas, decks, garden sheds, gazebos, greenhouses, patios, paving, pergolas on the sites hall not exceed 10% of the total site area.

· Must not reduce deep soil below 30% of the site area.

Major Concern

· Code does not provide a total pavable area.

· Code does not consider cumulative impact on site cover or deep soil.

 

Pergola (open roof and sides)

 

· Does not apply to a heritage item except were located within the rear yard.

· Maximum area must not exceed more than 15% of the ground floor area of the building.

· Must be located behind the building line.

· Maximum height—3.0m above ground level or where attached to an existing building not extend above the eave gutterline.

· Support posts must be a least 900mm from side boundary.

· Roof timbers must be at least 500mm from rear or side boundary.

· Where free standing, max 1 per property.

· See ‘Awnings, patios, pergolas, shade structures and fixed sail awnings’

 

Minor Concern

· See comments  for ‘Awnings, patios, pergolas, shade structures and fixed sail awnings’

· Providing different categories for Covered Pergolas and Uncovered Pergolas is confusing and includes unnecessary repetition.

 

 

 

 

 

 

 

 

 

 

Type of Development

Draft  Exempt Development Code

 (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

 

 

Comments

 

5.1 –Erection of Buildings

Pigeon Cages & Lofts

 

· Does not apply to R4 Zone.

· Maximum number of pigeons:  Registered racing pigeon owners - 60 pairs. Non registered owner -10 pairs.

· Must be at least 9m to any habitable building.

· Must be located in rear yard only.

· Must be at least 1m to side or rear boundary.

N/A

Minor Concern

· Council does not allow for pigeon cages and lofts as exempt development.

· Allowing up to 120 pigeons seems too high for most residential urban areas.

· Providing different categories for Bird Aviaries, Pigeon Cages and Poultry Houses is confusing and includes unnecessary repetition.

 

 

 

Type of Development

Draft  Exempt Development Code

 (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

 

 

Comments

Playground Equipment

 

· Does not apply to Environmental Zones.

· Does not apply to a heritage item except were located within the rear yard.

Residential use

· Maximum height—2.5m.

· Must be located in rear yard.

Non-residential use:

· Maximum height—2.5m.

Applies to Cubby houses & playground equipment.

· Maximum area of 10m² or 10% of the rear yard, whichever is less.

· The maximum cumulative area of all awnings, bird aviaries, carports, concreting, canopies, cabanas, decks, garden sheds, gazebos, greenhouses, patios, paving and pergolas on the site shall not exceed 10% of the total site area.

· Minimum 900mm setback to boundaries

· Maximum overall height of 2.4m

· Must not be located in the front yard.

Minor Concern

· Unclear why Environmental Zones are exempted where the Code only applies to Rural and Residential Zones.

· Code does not prohibit placement in front yard.

· Code allows greater height and floor area for cubby houses.

· Code does not consider cumulative impact on site cover or deep soil.

 

 

 

 

 

Type of Development

Draft  Exempt Development Code

 (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

 

 

Comments

 

5.1 –Erection of Buildings

Poultry Houses

 

· Maximum number of fowls—10 in urban and village zones.

· Maximum area—10m².

· Maximum height—3m above ground level.

· Must be located in rear yard.

· Must be located at least 3m from side and rear boundary.

· Where fowls are being kept, the poultry house must be at least 15m from neighbouring dwellings and 4.5m from any dwelling on the property.

· Where other forms of poultry are kept, must be at least 30m from any dwelling.

N/A

Minor Concern

· Council does not allow for poultry houses as exempt development.

· Providing different categories for Bird Aviaries, Pigeon Cages and Poultry Houses is confusing and includes unnecessary repetition.

Privacy Screens

(not associated with boundary fence or retaining wall)

 

· Does not apply to Environmental Zones

· Maximum height—2.5m.

· Maximum length—10m.

· Must be located in rear yard.

· Must be located at least 900mm from any side or rear boundary.

N/A

Minor Concern

· Council does not allow for privacy screens as exempt development.

· Unclear why Environmental Zones are exempted where the Code only applies to Rural and Residential Zones.

 

 

 

Portable Classrooms

 

N/A

· Must not be closer than 3m to any boundary.

· Erected for or on land for the Department of Education.

Inconsequential

· Not included in the proposed Code.

· These can be erected without consent under SEPP (Infrastructure).

Public Toilets

N/A

· Maximum area of 30m².

· Construction by or for Council.

Inconsequential

· Not included in the proposed Code.

· This is exempt development under SEPP (infrastructure).

 

 

Type of Development

Draft  Exempt Development Code

 (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

 

 

Comments

 

5.1 –Erection of Buildings

Radio & Satellite Communication Dishes

 

· Does not apply to a heritage item except were located within a rear yard area.

Roof mounted:

· Maximum diameter—900mm.

· Maximum height — above eave gutter line.

· Maximum 1 roof mounted dish

· per dwelling.

· Must be for domestic purposes only.

Ground mounted:

· Maximum diameter—2.5m.

· Maximum height—3.0 m above ground level (existing).

· Must be located in rear yard.

· Must be at least 900mm from rear and side boundary.

· Maximum 1 ground mounted dish per dwelling.

· Must be for domestic purposes only.

Roof mounted

· Maximum diameter of 600mm

· One installation per dwelling

· Located below the ridgeline of roof so as not to be visible from a public place.

· In any multiple dwelling or residential flat development, all units are to be connected to a single satellite dish/ microwave antenna.

Ground mounted:

· Maximum height of 1.8m above ground level to the top of the dish.

· Maximum diameter of 1m

· One installation per dwelling

· Situated a minimum of 900mm from any property boundary

· Situated no closer to the street than the associated dwelling and not visible from the street

· In any multiple dwelling or RFB development, all units are to be connected to a single common satellite dish/microwave antenna.

Inconsequential

 

Ramps

· Does not apply to a heritage item.

· Maximum height—1m.

· Located within the property boundaries

· Constructed on the ground level only

Inconsequential

 

 

 

 

 

Recladding of Roofs and Walls (including repair or maintenance of damaged material)

 

· Does not apply to a heritage item.

· Must only involve replacing existing materials with similar materials which are compatible with the existing building and finish.

· Must not involve structural alterations or change to external configuration of a building.

·

See Minor External Alterations or Building Works

 

Inconsequential

· These criteria could form part of ‘Minor External Alterations and Building Works’.

Type of Development

Draft  Exempt Development Code

 (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

 

 

Comments

 

5.1 –Erection of Buildings

Retaining Walls

 

· Does not apply to a heritage item.

· Maximum height—600mm

· On sloping sites, the fence must be stepped so that the maximum height of the fence at each step must not exceed 600mm above the ground level (existing) by more than 20%.

· Maximum height of 600mm.

· Located wholly within the property boundary.

Inconsequential

 

Security grills and shutters to dwelling houses

N/A

· Must be to the rear and side of the dwelling

· Colour of security grills and shutters to be consistent with the colour of window/door frame attached to.

Minor Concern

· Not included in the proposed Code.

 

Scaffolding

 

· Does not apply to a heritage item where exempt development is prohibited.

· Must only be erected in conjunction with a development where consent has been granted or works associated with any exempt development in this Policy.

· Must not encroach onto footpath or public thoroughfare.

· Must enclose the work area.

· May encroach onto adjoining property only with adjoining owners’ approval.

N/A

Inconsequential

 

 

 

 

 

 

 

 

 

 

 

Screen Enclosure

(attached to an existing dwelling house)

 

· Does not apply to a heritage item.

· Maximum area must not to exceed more than 15% of the existing ground floor area of the building.

· Maximum height must not extend above the eave gutter line.

· Must be located behind the building line.

· Must be located at least 900mm from side and rear boundary.

· • Maximum height of solid dado wall - 1.0m.

 

N/A

Minor Concern

· Council does not allow for screen enclosures as exempt development.

· Providing different categories for ‘Privacy Screen and ‘Screen Enclosure’ is confusing and includes unnecessary repetition.

 

Type of Development

Draft  Exempt Development Code

 (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

 

 

Comments

 

5.1 –Erection of Buildings

Shade Structures of open weave or fabric mesh

 

· Does not apply to a heritage item.

· Maximum 1 structure per premises.

· Max area must not to exceed more than 15% of the existing ground floor area of building.

· Maximum height must not extend beyond the eave gutter line.

· Must be located behind building line.

· Must be located at least 900mm from side and rear boundary.

· Must be designed in accordance with a professional engineers' detail.

· See ‘Awnings, patios, pergolas, shade structures and fixed sail awnings’

 

Minor Concern

· Providing different categories for ‘Shade Structure and Fixed Shade Sail and ‘Shade Structures of Open Weave Fabric Mesh’ is confusing and includes unnecessary repetition.

 

Skylights and Roof Windows (non opening)

 

· Does not apply to a heritage item.

· Maximum area—1m².

· Must be located at least 900mm from a property boundary and not less than 900mm from a wall separating attached dwellings.

· Maximum area of 1m².

· Located not less than 900mm from a property boundary or wall separating attached dwellings.

· To be installed a minimum of 2.4m above the floor level of the room of which it serves

· Additional criteria also provided for Special Precinct Areas.

Minor Concern

· Additional site specific provisions will need to be included for Special Precinct Areas within Parramatta.

· Code does not provide minimum height above finished floor level of dwelling.

 

 

Solar Water Heaters & Photovoltaic Systems

 

· Does not apply to a solar water heater or photovoltaic system attached to a heritage item that is visible from a street frontage (other than a laneway).

· Must be parallel with the roof alignment.

· Trees must not be removed to install the water solar heater.

Applies to Water Heaters only

· Must not be located on the front façade of the dwelling

 

Minor Concern

· Council does not allow for photovoltaic systems as exempt development.

Stockyards

Only applicable to Rural Zones

 

Inconsequential

· No rural zones within Parramatta LGA.

Tennis Courts

Only applicable to Rural Zones

 

Inconsequential

· No rural zones within Parramatta LGA

.

Type of Development

Draft  Exempt Development Code

 (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

 

 

Comments

 

5.1 –Erection of Buildings

Water Features & Ponds

 

· Does not apply to a heritage item unless located within the rear yard area.

· Maximum water depth—300mm

· Overflow must not to create nuisance to adjoining properties.

· Maximum surface area of 4m².

· Max water depth of 300mm.

· Water features and fountains no higher than 1m.

· Filtration or pumps must not exceed a noise level of 5dBA above background noise level measured at the boundary.

· Fish ponds no higher than 300mm above ground level.

Minor Concern

· Code does not provide for noise criteria or maximum height.

Water Tanks (above ground)

 

· Does not apply to a water tank attached to a heritage item that is visible from a street frontage (other than a laneway).

· Maximum capacity—15,000L.

· Maximum height—450mm above ground level (existing).

· Must be located at least 450mm from side or rear boundary.

· If located less than 900mm from site boundary, maximum height—2.4m above ground level (existing).

· If located 900m from side boundary, maximum height—2.4m above ground level.

· Must be located behind building line.

· Maximum cut and fill—1m from ground level

 

· Maximum capacity of the tank/s - 10,000 litres.

· The installation must not involve the excavation or fill of more than 1m.

· The tank must not be installed over or immediately adjacent to a water main or a sewer main.

· The tank must be located behind the front alignment to the street of the building.

· The tank must not exceed 2.4m in height above ground

· The tank must be located at least 450mm from any property boundary.

 

Minor Concern

· Code does not restrict number of tanks.

Water Tanks (below ground)

Only applicable to Rural Zones

 

Inconsequential

· No rural zones within Parramatta LGA.

Waste Storage Containers (temporary)

N/A

· Limit of one container to be placed in a public place.

· A maximum period of 14 days from the date of placement of the container to the date of removal.

· A strip, minimum width of 1.5m, shall be provided to enable safe pedestrian access

Minor Concern

· Not included in the proposed Code.

 

 

 

 

Type of Development

Draft  Exempt Development Code

 (May 2008)

Existing Exempt and Complying Development Code under Parramatta DCP 2005 (Section 6)

 

 

Comments

 

5.1 –Erection of Buildings

Windmills

Only applicable to Rural Zones

 

Inconsequential

· No rural zones within Parramatta LGA.

Windows, glazed areas and external doors

 

N/A

· Replacement in residential premises.

· No reduction in the area provided for light and ventilation.

· No increase in size

· No additional windows

·

· Not included in the proposed Code.

 

5.2 Advertising Structures

Building Identification Signs

· Does not apply to a heritage item.

· Maximum area—1m².

· Only one per premises.

· Must not be illuminated.

· If encroaching onto the footpath, must be erected more than 2.6m above ground level

· One sign per premises

· Sign is not to exceed 0.75m² in area

· Located wholly within the property boundaries

· Shall not be illuminated or flashing

· Maximum height of freestanding sign above ground is 2m.

Minor Concern

· Code allows for increase sign face area.

Real Estate Signs

 

· Does not apply to a heritage item.

· Only one per premises.

· Maximum area based on development type.

· Sign not to exceed 2.5m² in area

· Located wholly within the property boundary or attached to the existing boundary fence

· Non flashing or illuminated

Major Concern

· Code allows for greater sign face area for real estate signs applicable to developments other than a dwelling house.

· Code does not restrict flashing or illuminated signs.

Pylon Signs

 

· Applies to Business and Industrial Zones.

· Does not apply to a heritage item.

· Only one per allotment.

· Maximum height—6m.

 

 

N/A

· Unclear why this is listed under the Housing Code if it only applies to Business and Industrial Zones.