City of Parramatta
Section 4.15 Assessment Report
Environmental Planning & Assessment Act 1979
PART A: SUMMARY
DA No. DA/F03D/2020
Property Lot 33 DP 16716
18 Valley Road, EASTWOOD NSW 2122
Proposal Demolition of existing structures and construction of a detached dual occupancy and two-lot Torrens title subdivision
Date of receipt 1 January 2020
Applicant AA Architects Pty Ltd
Owner Anna Leditschke
Property owned by Council employee or councillor The site is not known to be owned by a Council employee or Councillor
Political donations/gifts disclosed None disclosed on the application form
Submissions received 1 submission
Conciliation conference held No
Recommendation consent/refusal
Assessment officers your names
PART B: LEGISLATIVE REQUIREMENTS
Environmental Planning Instruments SEPP No. 55 - Remediation of Land
SEPP (Building Sustainability Index: BASIX) 2004
SEPP (Vegetation in non-rural areas) 2017
Parramatta Local Environmental Plan 2011
Zoning check LEP
Bushfire Prone Land No
Heritage No
Heritage Conservation Area No
Integrated development No
Clause 4.6 variation No
Delegation Team leader
PART C: SITE DESCRIPTION AND CONDITIONS
Site description include identification and any features of the site
Site dimensions include all relevant site dimensions
Neighbourhood and zoning context include description of neighbourhood characteristics and zones
Existing site improvements include description of current use of the site and include aerials and street pics (Google will do)
PART D: REFERRALS
Development Engineer Satisfactory, subject to conditions
Landscape and Tree Assessment Satisfactory, subject to conditions
PART E: DEVELOPMENT CONTRIBUTIONS
In accordance with the City of Parramatta Council Section 94A Development Contributions Plan (Amendment No. 5), a Section 7.12 Development Contributions is required to be paid if the cost of works exceeds $100,000. A standard condition has been imposed requiring the contribution to be paid prior to the issue of a Construction Certificate.
PART F: BONDS
In accordance with Council's Schedule of Fees and Charges, the developer will be obliged to pay Security Bonds to ensure the protection of civil infrastructure located in the public domain adjacent to the site. A standard condition of consent has been imposed requiring the Security Bond to be paid prior to the issue of a Construction Certificate.
EVALUATION
PART G: THE PROPOSAL
outline a detailed breakdown of the developments proposed. E.g. demolition, land use, landscaping, subdivision etc. These must be defined developments in the LEP
PART H: PERMISSIBILITY
identify the applicable zone, assess if the proposed developments (above) are permitted in that zone and confirm if the proposal is consistent with that zone’s objectives
PART I: STATE ENVIRONMENTAL PLANNING POLICIES
SEPP NO. 55 - REMEDIATION OF LAND
A Site inspection reveals the site does not have an obvious history of a previous land use that may have caused contamination;
Historic aerial photographs were used to investigate the history of uses on the site;
A search of Council records did not include any reference to contamination on site or uses on the site that may have caused contamination;
A search of public authority databases did not include the property as contaminated;
The Statement of Environmental Effects states that the property is not contaminated; and
There is no specific evidence that indicates the site is contaminated and is suitable for the residential use.
Therefore, in accordance with Clause 7 of the State Environmental Planning Policy No 55- Remediation of Land, the land is suitable for residential use.
SEPP (BUILDING SUSTAINABILITY INDEX: BASIX) 2004
The requirements outlined in the BASIX certificate have been satisfied in the design of the proposal. A condition has been imposed to ensure such commitments are fulfilled during the construction of the development.
SEPP (VEGETATION IN NON-RURAL AREAS) 2017
The application has been assessed against the requirements of State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017. This Policy seeks to protect the biodiversity values of trees and other vegetation in non-rural areas of the State, and to preserve the amenity of non-rural areas of the State through the preservation of trees and other vegetation.
The application proposes the removal of non-native vegetation from the site and the replacement of native vegetation as part of the landscape plan. Council's Tree and Landscape Officer has reviewed the application and raised no objections to the removal of the vegetation from the site subject to conditions of consent requiring sensitive construction methods used to protect adjacent vegetation.
PART J: LOCAL ENVIRONMENTAL PLAN
The relevant matters to be considered under Parramatta Local Environmental Plan 2011 for the proposed development are outlined below.
Control Proposal Compliance
Cl4.1 Minimum subdivision lot size (see also cl6.11 below) Minimum:
Proposed: yes/no
Cl4.3 Height of Buildings Maximum:
Proposed: yes/no
Cl4.4 Floor Space Ratio
Maximum:
Proposed: yes/no
Cl5.1A Development on
land intended to be acquired for public purposes The subject site is not identified in the Land Reservation Acquisition Map. Yes
Cl5.4 Controls relating to miscellaneous permissible uses The subject application is not proposing miscellaneous permissible uses. Yes
Cl5.6 Architectural roof features The subject application is not proposing architectural roof features. Yes
Cl5.7 Development below mean high water mark The subject site is not covered by tidal waters. Yes
Cl5.10 Heritage Conservation The subject site is not within vicinity of a heritage item or heritage conservation area, and
the proposed works are not considered to impact Aboriginal Heritage. Yes
Cl5.11 Bush fire hazard reduction The subject site is not identified to be located in bushfire prone land. Yes
Cl6.1 Acid sulphate soils The subject site is identified to contain Class 5 Acid
Sulphate Soils. An acid sulphate soils management plan is not required as earthworks are not below 5m AHO. Yes
Cl6.2 Earthworks The earthworks are considered satisfactory, as they are minor and will not impact the amenity of adjoining properties. Yes (with conditions)
Cl6.3 Flood planning The subject site is not located in flood affected land. Yes
Cl6.4 Biodiversity The subject site is not identified in the Natural Resources - Biodiversity Map. Yes
Cl6.5 Water Protection The subject site is not identified in the Natural Resources - Riparian Land and Waterways Map. Yes
Cl6.6 Development on Landslide Risk Land The subject site is not identified in the Natural Resources - Landslide Risk Map. Yes
Cl6.7 Foreshore Building Line The subject site is not located within a foreshore area. Yes
Cl6.11 Dual Occupancies on land in Zones R2, R3 and R4
Lot size is not less than 600sqm to complete yes/no
Detached dual occupancies are only permissible if the land contains a heritage item or has two street frontages to complete yes/no
Dual occupancies are not permitted if site is in area identified in Dual Occupancy Prohibition Map to complete yes/no
Cl6.15 Particular dual occupancy subdivisions must not be approved The subject site is not located within the South Parramatta Conservation Area. Yes
PART K: DEVELOPMENT CONTROL PLAN
The relevant matters to be considered under Parramatta Development Control Plan 2011 for the proposed development are outlined below
Control Proposal Compliance
2.4.1 Views and Vistas The proposed development is not considered to obscure the significant topographical features of Parramatta. Yes
2.4.2 Water Management The proposed water management is considered satisfactory and does not impact waterways and groundwater. Yes
2.4.3 Soil Management The proposed earthworks are considered satisfactory. An adequate sedimentation plan has been provided to ensure adjoining properties are not impacted.
Significant amount of excavation is proposed in order to suitably bench the site. Retaining walls are proposed with a maximum height of 0.6m.
Whilst the subject site is identified to contain Class 5 acid sulphate soils, the proposed earthworks are considered satisfactory and
complies with Clause 6.1 of LEP 2011. Yes
2.4.4 Land Contamination Satisfactory - Refer to Section I for discussion. Yes
2.4.5 Air Quality The proposed dual occupancy development is not considered to impact air quality. Yes
2.4.6 Development of sloping land The proposed dual occupancy development is considered to be adequately designed to respond to the natural topography of the
subject site. Yes
2.4.7 Biodiversity The proposed dual occupancy development is not considered to affect significant vegetation. Yes
2.4.8 Public Domain The dual occupancy development will consist of works within the public domain area particularly in relation to tree removal and the driveway crossover and laybacks. Conditions
have been imposed to ensure works are adequately conducted. Yes
3.1.2 Height Transition Adjoining properties are imposed of the same development height standards. Yes
3.1.3 Dual occupancies
Height in storeys Maximum: 2 storeys
Proposed: to complete yes/no
Site Frontage Minimum: 15m; or 12m for sites with two frontages
Proposed: to complete yes/no
Front Setback (Primary) Minimum: 5-9m, consistent with street
Proposed: to complete yes/no
Front setback (Secondary) Minimum: 3m
Proposed: to complete yes/no
Side Setbacks Minimum: 1.5m
Proposed: to complete yes/no
Rear Setback Minimum: 30%, or 15% on corner sites
Proposed: to complete yes/no
Deep Soil Zone
Minimum: 30% of site; 50% at rear of site; 15% at front of site; 4x4m
Proposed: to complete yes/no
Landscaped Area: Minimum: 40% of site
Proposed: to complete yes/no
3.2.1 Building Form and Massing The proposed building form and massing is considered satisfactory and consistent with the streetscape and locality. Yes
3.2.2 Building Facades Articulation The proposal consists of a mixture of building materials and colours that forms articulation. The buildings do not contain large areas of blank, minimally or poorly articulated walls. The detached dual occupancies are presented to the street as separate dwelling houses. Yes
3.2.3 Roof Design The proposed roof is considered satisfactory and does not visually detract the qualities of the existing streetscape and locality. Yes
3.2.4 Energy Efficient Design Development is conditioned to comply with the requirements of the submitted BASIX Certificate. Yes, subject to conditions
3.2.5 Streetscape
Garage width Maximum: Lesser of 6.3m or 50% of elevation
Proposed: to complete yes/no
Garage setback Minimum: 300mm behind front wall of building
Proposed: to complete yes/no
3.2.6 Fences Maximum: 1.2m high in front of building
Proposed: 1.2m
The proposed fencing is considered to respond to the architectural character of the buildings it fronts and will maintain the private open space amenity of both proposed dwellings. Yes
3.3.1 Landscaping The proposed landscaping is considered satisfactory and meets the design principles. Yes
3.3.2 Private Open Space Minimum: 100sqm with 6m dimensions
Proposed: to complete yes/no
3.3.3 Visual and Acoustic Privacy Required: Balconies face street; building separation privacy from private open space
Proposed: to complete yes/no
3.3.4 Acoustic Amenity Required: Insulate rooms affected by external noise
Proposed: The subject site is not located within vicinity of noise generating land uses Yes
3.3.5 Solar Access and Cross Ventilation
Solar access Minimum: 3hrs sunlight between 9am-3pm on 21-June in habitable rooms and 50% of private open space
Proposed: The proposed development will not meet the minimum required solar access for the adjoining property. read the controls to determine if this matters yes/no
Ceiling heights Requirement: 2.7-3.0m at ground; 2.4-3.0 above
Proposed: all floor to ceiling distances are between 2.7 and 3.0m Yes
3.3.6 Water Sensitive Urban Design The proposed development is considered to be in compliance with WSUD Strategy. Yes
3.3.7 Waste Management A waste management plan has been submitted and is considered satisfactory. Yes
3.6.2 Parking and Vehicular Access
Enclosed garage size Minimum: 3.0m x 5.4m
Proposed: to complete yes/no
Off-street parking spaces Minimum: 1 space if dwelling 125sqm; otherwise 2 spaces
Proposed: to complete yes/no
3.7.1 Dual occupancy subdivision requirements
Resulting street frontage Minimum: 7.5m
Proposed: to complete yes/no
Resulting site areas Requirement: equal or similar proportions in site area
Proposed: to complete yes/no
PART L: EP&A REGULATIONS 2000
Applicable Regulation considerations including demolition, fire safety, fire upgrades, compliance with the Building Code of Australia, compliance with the Home Building Act, PCA appointment, notice of commencement of works, sign on work sites, critical stage inspections and records of inspection have been addressed by appropriate consent conditions, refer to Appendix 1.
PART M: LIKELY IMPACTS
based on your assessment, summarise the impacts of the proposal, particularly if any planning controls above are no complied with, e.g. resulting impacts on neighbourhood character, privacy, traffic, stormwater management, etc.
PART N: SUITABILITY OF SITE
based on the zoning, summarise any issues and assess if this site is appropriate for the proposed development
PART O: PUBLIC CONSULTATION
The application was notified in accordance with Council's notification procedures contained within Appendix 5 of PDCP 2011.
Submissions received: 1 submission
Issues raised, and assessment of consent authority outline issues raised and provide a brief response based on your assessment of the issues
Therefore, the consultation of the development application is in accordance with Council's Community Engagement Strategy and Parramatta Development Control Plan 2011 and public consultation is considered satisfactory in this regard.
PART P: PUBLIC INTEREST
summarise, based on your assessment, if the proposed development is in the public interest
PART Q: CONCLUSION/RECOMMENDATION (DETERMINATION)
Either:
Conditional consent
After consideration of the development against Section 4.15 of the Environmental Planning and Assessment Act 1979, and the relevant statutory and policy provisions, the proposal is suitable for the site and is in the public interest. Therefore, it is recommended that the application be approved subject to the imposition of appropriate conditions.
Or:
Refusal
After consideration of the development against Section 4.15 of the Environmental Planning and Assessment Act 1979, and the relevant statutory and policy provisions, the proposal is unsuitable for the site and is not in the public interest. Therefore, it is recommended that the application be refused subject to the reasons provided below:
list your reasons for refusal