Copy of previous report considered by Council at its Meeting on 10 November 2008

Item 7.1 - Attachment 1

Copy of previous report considered by Council at its Meeting on 10 November 2008

DOMESTIC APPLICATION

ITEM NUMBER 11.1

SUBJECT 20 Rawson Street, Epping. (Lot 4 DP 9193) (Lachlan Macquarie Ward)

DESCRIPTION Alterations and additions to the existing dwelling house and the construction of a cabana and an in-ground swimming pool at the rear (Location Map - Attachment 1)

REFERENCE DA/514/2008 - Submitted 18 July 2008

APPLICANT/S Contemporary Architecture Pty Ltd

OWNERS Ms S A Ferguson

REPORT OF Manager Development Services

EXECUTIVE SUMMARY:

To determine Development Application No. 514/2008 which seeks approval for alterations and additions to the existing dwelling house and the construction of a cabana and in-ground swimming pool at the rear.

The application is being referred to Council for determination due to the number of submissions received. Six (6) objections have been received in respect of this application.

The application is considered suitable for approval as it is consistent with the aims and objectives of the residential zoning applying to the land, complies with Council’s LEP2001 and DCP2005 requirements and is generally consistent with the aims, objectives and conservation guidelines contained within LEP 1996 (Heritage & Conservation) and the Heritage DCP 2001.

RECOMMENDATION

(a) That Council grant consent to Development Application No. 514/2008 subject to standard conditions and the following extraordinary condition:

1. The premises being used exclusively as a single dwelling house and not being adapted for, or used as a dual occupancy.

Reason: To ensure the premises is used as a sole occupancy.

(b) Further, that the objectors be advised of Council’s determination of the application.

SITE AND LOCALITY

1. The subject site is known as 20 Rawson Street and is located on the eastern side of Rawson Street between Bridge Street and Chesterfield Road, Epping. The site is rectangular in shape, with dimensions of 16.765m x 69.005m/68.715m and has an area of 1151m². The site has a natural ground fall from the street to the rear of approximately 4.7m.

2. The site contains a single storey dwelling house and detached garage. The site is surrounded by predominantly single storey dwelling houses.

PROPOSAL

3. Approval is sought for the following:

3.1 Carry out alterations to the ground floor of the existing dwelling house. The alterations are predominantly at the rear and increase the floor space of the dwelling house by an additional 142m². The rear addition contains a lounge, kitchen/dining, study, pantry, laundry bedroom and 2 bathrooms

3.2 Construct a cabana at the rear of the site measuring 5m x 5.7m

3.3 Construct an in-ground swimming pool at the rear of the site.

STATUTORY CONTROLS

Parramatta Local Environmental Plan 2001

4. The site is zoned Residential 2(a) under Parramatta Local Environmental Plan 2001 and alterations to dwelling houses are permissible with the consent of Council. The proposed development is consistent with the objectives of LEP2001 and the objectives of the residential zoning applying to the land.

Parramatta Local Environmental Plan 1996 (Heritage and Conservation)

5. The site is located within the Epping/Eastwood Conservation Area which is an identified conservation area within Schedule 3 of Parramatta Local Environmental Plan 1996 (Heritage and Conservation). The proposed development is consistent with the objectives of Parramatta Local Environmental Plan 1996 (Heritage and Conservation) which seek to conserve existing significant fabrics and settings associated with the heritage significance of heritage conservation areas and to ensure that any development does not adversely affect the heritage significance of heritage conservation areas.

Parramatta Development Control Plan 2005

6. The provisions of Parramatta Development Control Plan 2005 have been considered in the assessment of the proposal. The proposal achieves compliance with the requirements of the plan and is also consistent with the aims and objectives of the DCP.

Parramatta Heritage Development Control Plan 2001

7. The provisions of the Parramatta Heritage Development Control Plan 2001 have been considered in the assessment of the proposal. The proposal achieves general compliance with the requirements of the DCP and is also consistent with the general principles of the plan.

Parramatta Section 94 Contributions Plan

8. The proposed development is subject to the provisions of the Parramatta Section 94 Contributions Plan as the cost of residential works exceed $305,000. A condition requiring the payment of the appropriate Section 94 contribution fees is to be imposed on any consent granted.

CONSULTATION

9. In accordance with Council’s Notification DCP, the development was notified to adjoining owners/occupiers for a period of 14 days between 28 July 2008 to 11 August 2008. The notification plans did not contain the southern elevation (“elevation 4”) of the proposed development. The application was re-notified with the southern elevation included between 8 September 2008 and 22 September 2008. A total of six (6) individual submissions were received. The issues raised are discussed below.

Overdevelopment of the site

10. Concern is raised that the proposed development represents an overdevelopment of the site and sets a “dangerous” precedent for the area.

11. The proposed development has a floor space ratio of 0.24:1, which is well below the maximum 0.5:1 floor space ratio permitted within the zoning applying to the land. In addition, the proposed development provides sufficient side and rear setbacks, and is in excess of the minimum soft soil, landscaping and private open space numerical requirements of DCP 2005. It is considered that the proposed alterations and additions do not represent an overdevelopment of the site and does not create an undesirable precedent for the area.

Impact on the character of the area

12. Concern is raised that the proposed development will detract from the heritage significance of the area and the character of the area will be destroyed.

13. The subject site is within the Epping-Eastwood Conservation Area. The materials used are compatible with the existing dwelling house to be retained and the additions will not have a significant impact upon the visual appearance of the dwelling house when viewed from the street. The proposed development is consistent with the objectives and requirements of Parramatta LEP 1996 (Heritage and Conservation) and Parramatta Heritage DCP 2001. The application was referred to Council’s Heritage Advisor who raises no objection to the proposed development. This issue has been discussed in further detail within this report.

Unsympathetic additions to the dwelling house

14. Concern is raised that the additions are unrelated in architectural elements and are unsympathetic to the original dwelling house.

15. The proposed extension is to be constructed of brick and contains timber windows to match the existing dwelling house. The proposed roof is corrugated iron which differs in construction material from the roof tiles of the original dwelling house. This is considered acceptable as the materials used should either match the existing dwelling house, or be of a light weight material. Council’s Heritage Advisor raises no concern with the proposed materials to be used.

Loss of established trees and loss of garden area

16. Concern is raised that the proposed development will result in a loss of established trees and garden area.

17. The application proposes the removal of 6 trees on the site. These trees are to be removed as a result of their location within the proposed building platform or due to poor health. The trees include a Prunus sp (fruit tree), a Lagerstroemia indica (Crepe Myrtle), a Pistacia chinensis (Chinese Pistachio), a Liquidamber Styraciflua (Liquidamber) and 2 x Acer palmatums (Japanese Maples). The application was referred to Council’s Landscape Officer who raises no issue with the proposed tree removal. The trees to be removed are not significant trees within the area. Five (5) significant trees are proposed to be retained at the rear of the site, including a Corymbia citriodora (Lemon-scented Gum), an Acer palmatum (Japanese Maple), a Grevillea robusta (Silky Oak), a Jacaranda mimosifolia (Jacaranda) and a Phoenix rupicola (Cliff Dale Palm). Additional landscaping is also proposed as part of the development application.

18. Although there is a loss of garden area at the rear of the site, the proposed development maintains 580m² of soft soil area, which represents approximately 50% of the site area. This exceeds the minimum 30% soft soil area requirements under the provisions of DCP2005 and complies with the 50% soft soil area requirements under the provisions of the Heritage DCP2001.

Height of the proposed development

19. Concern is raised that the proposed additions at the rear have the bulk of being 2 storeys in height and may in fact be 2 storeys in height.

20. The proposed additions at the rear of the dwelling house contain one floor level which is located a maximum of 1m above natural ground level and are single storey in height. The proposed bulk of the additions at the rear are considered acceptable and will not adversely impact upon neighbouring properties.

Potential unauthorised use

21. Concern is raised that the proposed additions at the rear will be used as a separate dwelling.

22. The proposed alterations involve the provision of an additional entry on the northern side of the dwelling house. The dwelling house contains single kitchen facilities and is unlikely to be used as 2 separate dwellings. Notwithstanding this, a condition requiring the premises be used as a sole occupancy can be imposed on any consent granted.

Overshadowing

23. Concern is raised that the proposed additions at the rear of the dwelling house will overshadow the patio area at No.18 Rawson Street.

24. The alterations and additions at the rear of the existing dwelling house are single storey and the floor level is approximately 1m above natural ground level. The majority of the shadows cast from the proposed development fall within the existing shadows cast upon No.18 Rawson Street. There are no additional impacts to the windows of the neighbouring property and only a minor portion of the rear yard is additionally overshadowed at 3pm during the Winter Solstice. The private open space of the neighbouring property would still receive sufficient solar access in accordance with the requirements of DCP2005.

Side setback intrusion

25. Concern is raised that the proposed additions to the rear of the dwelling house are too close to the property at No. 18 Rawson (the proposed southern wall intrudes closer to the fenceline than the existing house) and will create a dark and damp area within the side setback of No.18 Rawson Street.

26. The proposed addition at the rear of the dwelling house is located a minimum distance of 1m from the southern boundary, which complies with Council’s side setback requirements and the requirements under the Building Code of Australia. The side setbacks to the south of the proposed development are generally consistent with the existing dwelling house. The shadows cast by the additions do not substantially alter the existing solar access received between the boundary fence and the side of the dwelling house at No. 18 Rawson Street. The proposed additions do not significantly impact upon the private open space of the adjoining property.

Intrusion of pool activities (noise) on 18 Rawson Street

27. Concern is raised that the location of the proposed pool at the rear of the dwelling house will impact upon the acoustic privacy of the occupants at No. 18 Rawson Street.

28. Noise created by activities carried out within the rear yard by occupants of dwelling houses are to be expected within residential areas. Notwithstanding this, the pool and pool pump are to be located towards the rear of the site, away from the main living areas of the neighbouring dwelling house. It is considered that there will be no unreasonable noise generated by the proposed residential use or location of the pool.

Amended Plans

29. Amended plans were submitted to Council on 29 September 2008 which included the retention of the existing front fence and the alteration of the carport from a 2 car space structure to a single car space structure, and the relocation of the carport further behind the building line. The amended plans were not re-notified due to the minor changes proposed and the resultant reduced impact upon the amenity of the area.

ISSUES

Heritage

30. The subject site is located within the Epping/Eastwood Conservation Area which is an identified conservation area within Schedule 3 of Parramatta Local Environmental Plan 1996 (Heritage and Conservation). The dwelling house is listed as a Schedule A building under the Heritage DCP 2001, which is considered to contribute to the heritage significance of the area and is deemed worthy of retention.

31. The application was referred to Council’s Heritage Advisor who initially commented as follows:

“The proposal in its current form does not comply with the Conservation Area guidelines in that:

· the addition exceeds 100% of the floor area of the existing house

· the addition encroaches on the extant side setbacks of the house

· the carport partially blocks the views of the notable porch on the principal elevation

· the retention of fences contemporary with the houses is required, while new timber picket fences are discouraged in the Conservation Area.

In my opinion, the Council should require modifications of the proposal to include:

· setbacks equal to those of the existing house, in accordance with the Conservation Area guidelines

· existing property fence to be retained, in accordance with the Conservation Area guidelines

· the carport to be setback by about 1m behind the line of the entrance (door to room marked "Bedroom 3” in the DA), to allow full visibility of the notable porch from the publicly accessible areas of the Rawson Street.”

32. The applicant forwarded photo montages to Council on 18 September 2008 illustrating the streetscape view of the proposed development. Discussions were held with Council’s Heritage Advisor who then raised no objections to the encroachments on the side setbacks of the dwelling house additions. A letter was forwarded to the applicant on 24 September 2008 requesting modifications to the carport and the retention of the front fence.

33. Amended plans were received on 29 September 2008 complying with Council’s request for modifications to the proposed development.

34. The amended plans were referred to Council’s Heritage Advisor who commented as follows:

“Having reviewed the updated DA drawings (including DA01, DA05, DA07, DA09, DA10 and DA15, all dated 25/08/2008, prepared by Contemporary Architecture P/L), I have no further objection to the proposal.

The house is listed in the Schedule A of the Epping/Eastwood Conservation Area. It is an example of quality Interwar residential architecture that presents as substantially intact when viewed from the street.

The current form of the proposal is a modification of the original, amended further to my suggestion. The carport is now located about 1m behind the facade line, to allow ongoing exposure of the porch to views from the publicly accessible areas. The existing fence is now proposed to be retained. It is noted that the proposed additions encroach on the side setbacks, however, the applicants have successfully demonstrated that the visibility of the addition would be relatively low when viewed from the street, and there is some precedent in the setbacks of the existing building line to allow for this modification.”

35. Accordingly, there are no objections to the proposed development on heritage grounds.

36. The application was referred to Council’s Drainage Engineer and Council’s Landscape Officer who raise no objection to the proposed development subject to the imposition of standard engineering and landscaping conditions.

37. There are no other undue impacts relative to streetscape, overshadowing or privacy associated with the proposed development.

Katherine Lafferty

Senior Development Assessment Officer

Attachments: