Previous report to 8 November 2010 Regulatory Council Meeting

Item 12.11 - Attachment 1

Previous report to 8 November 2010 Regulatory Council Meeting

MAJOR APPLICATION

ITEM NUMBER 13.7

SUBJECT 124-130 Kissing Point Road, Dundas
Lots 1 & 2 DP 455476, Lot 3 DP 656064 & Lot 1 DP 705877 (Elizabeth Macarthur Ward)

DESCRIPTION Construction of 2 x 2 storey buildings containing a total of 18 residential units over basement carparking under SEPP (Affordable Rental Housing) 2009.

REFERENCE DA/460/2010 - Submitted 15 June 2010

APPLICANT/S Gus Fares Architects Pty Ltd

OWNERS Medco Petroleum Pty Limited

REPORT OF Manager Development Services

DATE OF REPORT 26 October 2010

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the application is the 1^st infill affordable housing development to be considered by Council under SEPP (Affordable Rental Housing) 2009.

EXECUTIVE SUMMARY

Development Application No. 460/2010 seeks approval for the construction of 2 x 2 storey buildings containing a total of 18 residential units over basement car parking under SEPP (Affordable Rental Housing) 2009 on land at 124-130 Kissing Point Road, Dundas.

The development is being constructed under the provisions of the SEPP (Affordable Rental Housing) 2009 and 50% of the dwellings (being 9 of proposed dwellings) will be designated for affordable housing to be managed by a "Registered Community Provider" for 10 years as required under the SEPP.

The subject site is zoned Residential 2(b) under the provisions of LEP2001. Residential flat buildings are a prohibited land use under the zoning provisions of LEP2001. Notwithstanding this, the proposed use is considered as “infill affordable housing” under the SEPP (Affordable Rental Housing) 2009 and is a permissible development under this SEPP, which is the prevailing legislative document.

Clause 14 of the SEPP states design development standards that cannot be used to refuse an application. These standards include floor space ratio, car parking, landscaping and deep soil zones.

SEPP (Affordable Rental Housing) 2009 permits a maximum floor space ratio of 0.75:1 for this development, whilst the maximum floor space ratio permissible within the current 2(b) zone is 0.6:1. Council cannot refuse the application based on density and scale if the proposed development does not exceed 0.75:1. The proposed development has a floor space ratio of 0.75:1, which complies with the requirements of the SEPP.

The proposed 2 storey height of the proposed development complies with the maximum height provisions within the current 2(b) zoning of the subject site. The development also complies with the maximum 8.5m height provisions of the SEPP.

The proposed development, if considered under the provisions of Parramatta Development Control Plan 2005 would require 19 car parking spaces for the occupants and 5 visitor car parking spaces, resulting in a total of 24 car parking spaces. The application proposes 18 spaces, which does not comply with Council’s controls, however exceeds the minimum requirements under the SEPP (Affordable Rental Housing) 2009, being a minimum of 9 car parking spaces.

The proposed development provides 44% of the site area as landscaping and 38% of the site area as deep soil zone. The landscaping and deep soil areas exceed the minimum requirements of Parramatta Development Control Plan 2005 and the SEPP.

The application was advertised and adjoining owners and occupiers were notified of the proposal for a period of 21 days. No submissions were received.

Subject to conditions of consent, the proposal is considered to be acceptable as it complies with the provisions of SEPP (Affordable Rental Housing) 2009 and is consistent with the aims and objectives of Parramatta Local Environmental Plan 2001. Accordingly, the application is recommended for approval.