Our Ref: M160425 18 March 2019 The General Manager Blacktown City Council PO Box 63 BLACKTOWN NSW 2148 ATTENTION: RUTH BENNETT (SENIOR PROJECT PLANNER) Dear Ruth, AMENDED SUBMISSION TO DA16/0458 SITE A, 1-9 GEORGE STREET, SEVEN HILLS We act as town planning consultants to the owner of the above property. This correspondence accompanies amended plans and supporting documentation resulting from various correspondence between Council and the Applicant to resolve issues identified during the assessment of DA16/0458. Annexed to this correspondence are revised compliance tables and an updated Clause 4.6 Variation Statement in relation to Building Height to demonstrate the amended levels of compliance in light of plan amendments. Accompanying this correspondence include: Amended Plans prepared by Urban Link reference P06, dated 11 December 2018; Amended Landscape Plan prepared by Melissa Wilson; Amended Access Report prepared by Vista Access Architects; and Amended Stormwater Plan prepared by SGC Engineering reference. Background The subject application, DA16/0458 was lodged on 22 December 2018 for the construction of a residential flat building at Nos. 1, 3 and part No. 5 George Street, Seven Hills. Specifically, the original proposal included 1 x studio (2%), 10 x 1 bedroom (22%) apartments, 31 x 2 bedroom (69%) apartments and 3 x 3 bedroom (7%) apartments (45 in total). The site the subject of DA16/0458 is referred to as Site A. Proposed subdivision - A separate development application was submitted on 22 December 2018 under DA16/0560 for demolition of all buildings (5 in total), consolidation of 5 lots into one and Torrens title subdivision of one lot to create two lots at the site (Proposed Site A and B). This application remains under assessment. Proposed residential flat building, Site B - A further separate development application was submitted on 22 December 2018 under DA16/05459 for construction of a residential flat building at Part No. 5 and Nos. 7 and 9 George Street, Seven Hills. This application remains under assessment. Correspondence with Council We understand various correspondence has taken place between the Applicant and Council through email and phone discussions in relation to both Site A (DA16/05458) and Site B (DA16/05459).
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ATTENTION: RUTH BENNETT (SENIOR PROJECT PLANNER) … · The subject proposal(as amended) seeks 42 apartments comprising 1 x Studio, 11 x 1 bedroom apartments, 28 x 2 bedroom apartments
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Our Ref: M160425 18 March 2019
The General Manager
Blacktown City Council
PO Box 63
BLACKTOWN NSW 2148
ATTENTION: RUTH BENNETT (SENIOR PROJECT PLANNER)
Dear Ruth,
AMENDED SUBMISSION TO DA16/0458
SITE A, 1-9 GEORGE STREET, SEVEN HILLS
We act as town planning consultants to the owner of the above property. This correspondence accompanies amended
plans and supporting documentation resulting from various correspondence between Council and the Applicant to
resolve issues identified during the assessment of DA16/0458.
Annexed to this correspondence are revised compliance tables and an updated Clause 4.6 Variation Statement in
relation to Building Height to demonstrate the amended levels of compliance in light of plan amendments.
Accompanying this correspondence include:
Amended Plans prepared by Urban Link reference P06, dated 11 December 2018;
Amended Landscape Plan prepared by Melissa Wilson;
Amended Access Report prepared by Vista Access Architects; and
Amended Stormwater Plan prepared by SGC Engineering reference.
Background
The subject application, DA16/0458 was lodged on 22 December 2018 for the construction of a residential flat building
at Nos. 1, 3 and part No. 5 George Street, Seven Hills.
Specifically, the original proposal included 1 x studio (2%), 10 x 1 bedroom (22%) apartments, 31 x 2 bedroom (69%)
apartments and 3 x 3 bedroom (7%) apartments (45 in total). The site the subject of DA16/0458 is referred to as Site
A.
Proposed subdivision - A separate development application was submitted on 22 December 2018 under DA16/0560
for demolition of all buildings (5 in total), consolidation of 5 lots into one and Torrens title subdivision of one lot to create
two lots at the site (Proposed Site A and B). This application remains under assessment.
Proposed residential flat building, Site B - A further separate development application was submitted on 22 December
2018 under DA16/05459 for construction of a residential flat building at Part No. 5 and Nos. 7 and 9 George Street,
Seven Hills. This application remains under assessment.
Correspondence with Council
We understand various correspondence has taken place between the Applicant and Council through email and phone
discussions in relation to both Site A (DA16/05458) and Site B (DA16/05459).
Site A, 1-9 George Street, Seven Hills
Planning Ingenuity Pty Ltd 2
In summary, to our knowledge the following has taken place:
11.7.17 – Discussion regarding easement by phone, follow up email from Urban Link;
19.7.17 – City Architects Comments provided by email;
8.12.17 – Amended Plans and letter issued to Council; and
3.9.18 – Response to Amended Plans from Assessment Officer by email and phone.
12.9.18 – Email from Council Engineer (A.Singh) confirming acceptance of Deferred Commencement
condition wording regarding drainage easement.
Proposed amendments
The subject proposal(as amended) seeks 42 apartments comprising 1 x Studio, 11 x 1 bedroom apartments, 28 x 2
bedroom apartments and 2 x 3 bedroom apartments. Of the 42 apartments, 5 remain as adaptable dwellings and 9
remain as livable dwellings (silver standard). A total of 65 parking spaces are proposed across two basement levels
and lower ground level.
The primary amendments include:
Reduction of 3 units from 45 to 42;
Modified unit mix (1x studio (2%), 11x 1 bed (26%), 28x 2 bed (67%), 2x 3 bed (5%);
Reduction in area of roof top terrace and consequent reduction in extent of height breech area;
Habitable rooms now setback 6m and 9m with some windows to habitable rooms within non-habitable zone
(as agreed these are perpendicular to the boundary and setback from the level below)
Building facades have been revised to allow for 2 different styles for each building.
Specific amendments at each level are highlighted on plan by red clouding. Changes include:
Lower Ground Floor:
Unit LG.02: The external walls / windows facing S-E have been revised.
Unit LG.03: The internal layout has been revised
Ground Floor:
Unit UG.01: The external walls / windows facing S-E have been revised. The balcony spaces has been
reduced and cut back.
Unit UG.02: The external walls / windows / balcony area facing S-E have been revised. The balcony area
facing N-E has been reduced to provide compliant 6m setback.
Unit UG.03: The balcony area facing N-E has been reduced to provide compliant 6m setback.
Floor - Level 01:
All balcony spaces along N-E façade have been reduced to provide compliant 6m setback.
Unit L1.01: Balcony spaces reduced to provide compliant 6m setback. Internal unit area reduced.
Site A, 1-9 George Street, Seven Hills
Planning Ingenuity Pty Ltd 3
Unit L1.02: The external walls / windows / balcony area facing S-E have been revised. The balcony area
facing N-E has been reduced to provide compliant 6m setback.
Unit L1.04: Balcony / internal unit area reduced.
Unit L1.05: Balcony / internal unit area reduced.
Unit L1.07: Extra balcony spaces added.
Floor - Level 02:
All balcony spaces along N-E façade have been cut back to 6m compliance setback.
Unit L2.01: Balcony spaces reduced and cut back to 6m compliance setback. Internal unit area reduced.
Unit L2.02: The external walls / windows / balcony area facing S-E have been revised. The balcony area
facing N-E has been reduced to provide compliant 6m setback.
Unit L2.04: Balcony / internal unit area reduced.
Unit L2.05: Balcony / internal unit area reduced.
Unit L2.07: Converted to an adaptable / livable unit and extra balcony spaces added.
Floor - Level 03:
The total number of units / unit mix have been reduced from total of 8 units (1x 1Bed & 7x 2Bed) to total of
7units (2x 1Bed & 5x 2Bed)
All the units numbering has been revised.
All balcony spaces along N-E façade have been reduced to provide compliant 6m setback.
The lower bulk of the building form and balcony spaces at S-E end of the site has been reduced to
compliant 9m compliance setback.
Unit L3.01: converted from 2Bed to 1Bed room unit.
Unit L3.02: converted from 1Bed to 2Bed room unit.
Unit L3.03: converted from 2Bed to 1Bed room unit.
Unit L3.04: Balcony / internal unit area reduced.
Unit L3.06: Extra balcony spaces added.
Floor - Level 04:
The unit mix has been revised from total of 6 units (4x 2Bed & 2x 3Bed) to total of 6 units (2x 1Bed, 3x 2Bed
& 1x 3Bed).
The overall bulk of the building form and balcony spaces have been cut back to 9m compliance setback.
Floor - Level 05:
The total number of units / unit mix have been reduced from total of 6 units (2x 1Bed, 3x 2Bed & 1x 3Bed) to
total of 4 units (3x 2Bed & 1x 3Bed).
The overall bulk of the building form and balcony spaces have been reduced to provide compliant 9m
setback.
Communal open space added and has direct access through egress stair / lift located at the S-E end of the
site.
Site A, 1-9 George Street, Seven Hills
Planning Ingenuity Pty Ltd 4
Roof Terrace:
The overall communal open space area and planter / landscaping zone have been revised to fit in with the
new design of the building form.
The revised Communal open space has direct access through egress stair / lift located at the N-W end of
the site.
Building Form:
George Street Elevation
Balconies extended and connected through the central part of the façade from Level 01 to 03.
All balcony spaces has been reduced along N-E façade.
The overall bulk of the building form / balconies have been revised from Level 04 to 05.
The façade materials from Level 04 to 05 has been changed from painted render to lightweight wall
cladding.
North-East Elevation
Façade / balcony spaces have been revised from Upper Ground Floor to Level 04.
The lower bulk of the building / balcony spaces from Level 03 to 05 facing S-E end have been stepped down
to follow the fall of the site.
The overall bulk of the building form / balcony spaces have been revised from Level 03 to 05.
The façade materials from Level 03 to 05 has been changed from painted render to lightweight wall
cladding.
Communal open space has been split between Level 05 and Roof Terrace.
South-East Elevation
Façade / balcony spaces have been revised from Lower Ground Floor to Level 02.
The lower bulk of the building / balcony spaces from Level 03 to 05 facing S-E end have been stepped down
to follow the fall of the site.
The overall bulk of the building / balcony spaces from Level 03 to 05 have been cut back to 9m compliance
setback.
The façade materials from Level 03 to 05 has been changed from painted render to lightweight wall
cladding.
Communal open space has been split between Level 05 and Roof Terrace.
Compliance Assessment
Annexed to this correspondence are the following:
Annexure A – Amended Apartment Design Guide Compliance Table
Site A, 1-9 George Street, Seven Hills
Planning Ingenuity Pty Ltd 5
Annexure B – Amended Blacktown LEP 2015 Compliance Table
Annexure C – Amended Clause 4.6 Variation Request to Building Height
Annexure D – Amended Blacktown DCP 2015 Compliance Table
We trust the above is self-explanatory. Should you have any questions relating to this correspondence or the DA matter
in general, please feel free to contact the undersigned to discuss.
Yours faithfully,
Planning Ingenuity Pty Ltd
Alison Davidson
PRINCIPAL PLANNER
ANNEXURE A
Apartment Design Guide – Amended Compliance Table – Site A
Site a, 1-9 George Street, Seven Hills
Planning Ingenuity Pty Ltd Ref. 0425/16 2
Apartment Design Guide - Compliance Table
Clause / Control Requirement Proposal Complies?
Part 3 Siting the development
3D Communal
Open Space
1. Communal open space has a minimum area equal to 25% of the site
(site area = 1852m2). Minimum required = 456m2
A high quality and well-designed roof terrace is proposed which includes
BBQ facilities and seating. The COS area is 483m2 and equates to 26%
of the site area.
2. Developments achieve a minimum of 50% direct sunlight to the
principal usable part of the communal open space for a minimum of 2
hours between 9 am and 3 pm on 21 June (mid-winter)
The proposed communal open space area will receive sunlight
throughout the day on the winter solstice, as demonstrated by solar
access diagram submitted with the development application. Regardless
of future development on neighbouring sites the roof top terrace will
retain direct sunlight.
3E Deep Soil
Zones
1. Deep soil zones are to meet the following minimum requirements:
Site Area Minimum Dimension Deep Soil Zone
Less than 650m2 -
7% of the site area 650m2 to 1,500m2 3m
Above 1,500m2 6m
Deep soil areas are provided at the street frontages, north-eastern side
and rear of the site. The deep soil area has a width of at least 3m and
a combined area of 368m2 which equates to 19.9% of the site and
therefore exceeds the ADG requirement.
3F Visual Privacy 1. Separation between windows and balconies is provided to ensure
visual privacy is achieved. Minimum required separation distances from
buildings to the side and rear boundaries are as follows:
Building height Habitable rooms and
balconies
Non-habitable
rooms
Up to 12m (4 storeys) 6m 3m
Up to 25m (5-8
storeys)
9m 4.5m
Over 25m (9+ storeys) 12m 6m
Ground level – Level 3
The proposal has been designed to comply with Council’s setback
controls which require a front setback of 9m and side and rear setbacks
of 6m. This is consistent with the ADG requirement for a building up to
4 storeys where setbacks of 6m are provided to the side and rear
boundaries.
Level 4
At Level 4 the external walls of the building are setback 9m from the side
boundaries with the exception of two sections on each side elevation
(Bed 1 of L4.06, media room of L4.01, Bed 1 of L4.02 and Bed 3 of
On Merit,
meets ADG
Site a, 1-9 George Street, Seven Hills
Planning Ingenuity Pty Ltd Ref. 0425/16 3
Apartment Design Guide - Compliance Table
No building separation is necessary where building types incorporate
blank party walls. Typically, this occurs along a main street or at podium
levels within centres.
L4.05) and one section on the rear elevation (dining room of L4.02),
which encroach the 9m setback, however there are no windows facing
the boundaries within the 9m in these parts.
This is consistent with the Design Guidance of the ADG, whereby
separation is relaxed where blank walls are provided.
Level 5
At Level 5 the external walls of the building are setback 9m from the side
boundaries with the exception of two sections on each side elevation
(Bed 1 of L5.06, Bed 3 of L5.05 and two small section on communal
open space at the rear of the building) and one section on the rear
elevation (communal area), which encroach the 9m setback, however
there are no windows facing the boundaries within the 9m in these parts
and the communal open space area will be edged with planter boxes to
restrict access to the outer edges of the rooftop.
Design
Guidance
On Merit,
meets ADG
Design
Guidance
3J Bicycle and
Car Parking
1. For development in the following locations:
on sites that are within 800 metres of a railway station or light
rail stop in the Sydney Metropolitan Area; or
on land zoned, and sites within 400 metres of land zoned, B3
Commercial Core, B4 Mixed Use or equivalent in a nominated
regional centre
The minimum car parking requirement for residents and visitors is set out
in the Guide to Traffic Generating Developments (GTTGD), or the car
parking requirement prescribed by the relevant council, whichever is less.
The RMS Guide to Traffic Generating Development best describes the
proposed development as A high density residential flat building. This
refers to a building containing 20 or more dwellings. This does not include
aged or disabled persons' housing. High density residential flat buildings
are usually more than five levels, have basement level car parking and
are located in close proximity to public transport services. The building
The site is within 500m of Seven Hills Railway Station and therefore the
ADG rates apply.
The proposal will require the provision of 43 car parking spaces within
the basement. The proposal exceeds this minimum requirement with the
provision of 65 car parking spaces.
Site a, 1-9 George Street, Seven Hills
Planning Ingenuity Pty Ltd Ref. 0425/16 4
Apartment Design Guide - Compliance Table
may contain a component of commercial use. The parking requirements
relating to a sub-regional centre are as follows:
0.6 spaces per 1 bedroom unit (11 x 0.6 = 6.6 spaces)
0.9 spaces per 2 bedroom unit (28 x 0.9 = 25.2 spaces)
1.40 space per 3 bedroom unit (2 x 1.40 = 2.8 spaces)
1 space per 5 units (visitor parking) – (42/5 = 8.4 spaces)
Total Required spaces:
Residential – 34.6 spaces (35 spaces)
Visitors – 8 spaces
Total = 43 spaces
The car parking needs for a development must be provided off street.
Conveniently located and sufficient numbers of parking spaces should be
provided for motorbikes and scooters
Secure undercover bicycle parking should be provided that is easily
accessible from both the public domain and common areas
All parking for the development is provided off street.
Motorbike and scooter parking is provided within the basement car park.
Bicycle parking is provided within the basement car park to the meet the
needs of residents and provide for other modes of travel.
Part 4 Designing the Building
4A Solar Access
and Daylight
1. Living rooms and private open spaces of at least 70% of apartments in
a building receive a minimum of 2 hours direct sunlight between 9 am and
3 pm at mid-winter in the Sydney Metropolitan Area and in the Newcastle
and Wollongong local government areas
Solar access is provided to 37 of the 42 apartments (88%) which
complies with the ADG requirement.
4B Natural
Ventilation
1. At least 60% of apartments are naturally cross ventilated in the first
nine storeys of the building. Apartments at ten storeys or greater are
deemed to be cross ventilated only if any enclosure of the balconies at
these levels allows adequate natural ventilation and cannot be fully
enclosed
Natural ventilation is provided to 34 of the 42 apartments (81%) which
meets the requirements of the ADG.
Site a, 1-9 George Street, Seven Hills
Planning Ingenuity Pty Ltd Ref. 0425/16 5
Apartment Design Guide - Compliance Table
2. Overall depth of a cross-over or cross-through apartment does not
exceed 18m, measured glass line to glass line
Maximum apartment depth is approximately 18m.
4C Ceiling Height
1. Measured from finished floor level to finished ceiling level, minimum
ceiling heights are:
Minimum ceiling height
Habitable rooms 2.7m
Non-habitable rooms 2.4m
Floor to ceiling heights of habitable rooms exceed the minimum
requirements of the ADG with 3m floor to floor heights. Refer to sections
provided with plan set.
4D Apartment
Layout
1. Apartments are required to have the following minimum internal areas:
Apartment type Minimum internal area
Studio 35m2
1 bedroom 50m2
2 Bedroom 70m2
3 Bedroom 90m2
The minimum internal areas include only one bathroom. Additional
bathrooms increase the minimum internal area by 5m2 each.
The proposal comprises a combination of studio, single, 2 bedroom and
3 bedroom apartments and all units comply with the relevant minimum
internal area requirements prescribed with the exception of 1unit.
UG.06 which is a 1bedroom Unit with an area of 46.68m2, representing
a minor shortfall of 3.3m2 to the requisite 50m2. This 1 minor breach
represents 2.3% of the development 1 of 42 units.
Notwithstanding the minor shortfall to 1 unit, this unit still meets the
Objective under 4D-3 of the ADG wherein the Unit UG.06 has been
designed to accommodate a variety of household activities and needs
as demonstrated by the unit layout and generous private open space.
Where additional bathrooms are provided the apartments are an
additional 5m2. Refer to data sheet and dimensions provided on plan set.
On merit
2. Every habitable room must have a window in an external wall with a
total minimum glass area of not less than 10% of the floor area of the
room. Daylight and air may not be borrowed from other rooms
Each habitable room has a sufficiently sized window/s for solar access
and natural ventilation.
Site a, 1-9 George Street, Seven Hills
Planning Ingenuity Pty Ltd Ref. 0425/16 6
Apartment Design Guide - Compliance Table
1. Habitable room depths are limited to a maximum of 2.5 x the ceiling
height.
Dimensions provided on the submitted plan set demonstrate that rooms
are appropriately proportioned to comply with the numeric requirements
of the ADG and to permit entry of sunlight and natural ventilation
throughout internal spaces.
2. In open plan layouts (where the living, dining and kitchen are
combined) the maximum habitable room depth is 8m from a window.
Dimensions indicated on plans demonstrate that room depths comply
with numeric requirements. Room depths are not more than 8m from a
window.
1. Master bedrooms have a minimum area of 10m2 and other bedrooms
9m2 (excluding wardrobe space)
Refer to plan set which demonstrates that each bedroom is sized to
comply with the numeric requirements of the ADG.
2. Bedrooms have a minimum dimension of 3m (excluding wardrobe
space)
Each bedroom has a minimum dimension of 3m to allow for typical
furniture layouts.
3. Living rooms or combined living/dining rooms have a minimum width
of:
3.6m for studio and 1 bedroom apartments
4m for 2 and 3 bedroom apartments
Each living room has a minimum dimension which accords with the ADG
to allow for varied furniture layouts.
4. The width of cross-over or cross-through apartments are at least 4m
internally to avoid deep narrow apartment layouts
There are some cross-through apartments proposed which have a
minimum width of 4m as per ADG requirement, and thus avoid elongated
spaces with poor utility value and internal amenity.
4E Open Space All apartments are required to have primary balconies as follows:
Dwelling type Minimum area Minimum depth
Studio 4m2 -
1 bedroom 8m2 2m
2 Bedroom 10m2 2m
3 Bedroom + 12m2 2.4m
The minimum balcony depth to be counted as contributing to the balcony
area is 1m.
Each apartment is provided with an area of private open space in the
form of a terrace or balcony that is directly accessible from a primary
living area and complies with the minimum area and depth requirements
of the ADG with the exception of 2 units.
Units L1.01 and L2.01 are 2 bedroom units with 9.92m2 and 9.76m2
balconies representing a very minor shortfall of 0.08m2 and 0.24m2 to
the requisite 10m2.
On merit
Site a, 1-9 George Street, Seven Hills
Planning Ingenuity Pty Ltd Ref. 0425/16 7
Apartment Design Guide - Compliance Table
Notwithstanding the minor shortfall to 1 unit, this unit still meets the
Objective under 4E-1 of the ADG wherein suitable amenity is maintained
to each unit notwithstanding the minor shortfall to POS.
2. For apartments at ground level or on a podium or similar structure, a
private open space is provided instead of a balcony. It must have a
minimum area of 15m2 and a minimum depth of 3m
Each ground level apartment has an extended private open space area,
which is accessible from primary living space and exceeds the minimum
area and dimension requirements contained in the ADG.
4F Common
Circulation Space
1. The maximum number of apartments off a circulation core on a single
level is 8.
2 circulation cores are proposed per level and each circulation core
serves between 3-4 apartments.
2. For buildings of 10 storeys and over, the maximum number of
apartments sharing a single lift is 40
Less than 10 storeys in height. N/A
4G Storage 1. In addition to storage in kitchens, bathrooms and bedrooms, the
following storage is provided:
Dwelling type Storage volume
Studio 4m3
1 bedroom 6m3
2 Bedroom 8m3
3+ Bedroom 10m3
At least 50% of the required storage is to be located within the apartment.
Each apartment is provided with required storage space between
individual units and basement levels.
ANNEXURE B
Blacktown Local Environmental Plan 2015 – Amended Compliance Table – Site A
Site a, 1-9 George Street, Seven Hills
Planning Ingenuity Pty Ltd Ref. 0425/16 9
Blacktown Local Environmental Plan 2015 - Compliance Table
Clause / Control Requirement Proposal Complies?
Part 2 Permitted and prohibited development
2.3 Zone
objectives and
Land Use Table
Zone R4 High Density Residential
To provide for the housing needs of the community within a high
density residential environment.
The proposal will contribute 42 additional dwellings within a high
density residential environment, thus providing for the housing needs
of the community.
To provide a variety of housing types within a high density residential
environment.
The proposed buildings contain a combination of studio, one, two and
three bedroom apartments, some of which are adaptable and silver
level liveable apartments. This arrangement will cater for a cross
section of household and family compositions.
To enable other land uses that provide facilities or services to meet
the day to day needs of residents.
The proposal does not provide for land uses other than residential
however will contribute to the economic viability of those businesses
situated in the nearby Seven Hills town centre through enhanced
patronage.
-
To enable certain activities to be carried out within the zone that do
not adversely affect the amenity of the neighbourhood.
The building will provide additional housing and therefore will not
adversely affect the amenity of the neighbourhood.
To permit residential flat buildings in locations close to public
transport hubs and centres.
The subject site is ideally situated in that it is within 500m of Seven
Hills Railway Station and less than 50m from nearby bus routes. The
site is ideal for high density development due to its proximity to public
transport.
2.7 Demolition
requires
development
consent
The demolition of a building or work may be carried out only with
development consent.
The proposal does not involves demolition – subject to separate
development application.
NA
Site a, 1-9 George Street, Seven Hills
Planning Ingenuity Pty Ltd Ref. 0425/16 10
Blacktown Local Environmental Plan 2015 - Compliance Table
Part 4 Principal development standards
4.3 Height of
buildings
(2) The height of a building on any land is not to exceed the maximum
height shown for the land on the Height of Buildings Map (20m)
The Height of Building Map indicates that the maximum building height
for the site is 20m. Although the building is largely compliant, the lift
overrun exceeds this maximum with a height of 23.075m. Refer to
elevations and sections submitted with the architectural plan set which
illustrates the extent of the non-compliance.
See Cl. 4.6
variation
request
provided at
Annexure C
4.4 Floor space
ratio
There is no FSR standard applicable to the site. N/A N/A
4.6 Exceptions to
development
standards
(2) Development consent may, subject to this clause, be granted for
development even though the development would contravene a
development standard imposed by this or any other environmental
planning instrument. However, this clause does not apply to a
development standard that is expressly excluded from the operation of
this clause.
Building height is a development standard that can be varied by
Clause 4.6 and is submitted in relation to building height.
Part 5 Miscellaneous provisions
5.9 Preservation of Trees of vegetation
The objective of this clause is to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation.
There are several trees to be removed to facilitate redevelopment of the
site. Their loss will be mitigated with replacement planting as detailed
on the Landscape Plan submitted separately with the application.
Part 7 Additional local provisions
7.5 Essential
services
Development consent must not be granted to development unless the
consent authority is satisfied that any of the following services that are
essential for the development are available or that adequate
arrangements have been made to make them available when required:
Blacktown Local Environmental Plan 2015 - Compliance Table
(d) stormwater drainage or on-site conservation,
(e) Suitable vehicular access.
7.7 Design Excellence
(1) The objective of this clause is to ensure that development exhibits design excellence that contributes to the natural, cultural, visual and built character values of Blacktown.
(2) This clause applies to land identified as “Design excellence” on
the Design Excellence Map. (3) Development consent must not be granted to development to which
this clause applies unless the consent authority considers that the development exhibits design excellence.
(4) In considering whether the development exhibits design excellence, the consent authority must have regard to the following matters: (a) whether a high standard of architectural design, materials and
detailing appropriate to the building type and location will be achieved,
(b) whether the form and external appearance of the development will improve the quality and amenity of the public domain,
(c) whether the development detrimentally impacts on view corridors,
(d) whether the development detrimentally impacts on any land protected by solar access controls established in the Black town Development Control Plan,
(e) the requirements of the Black town Development Control Plan, (f) how the development addresses the following matters:
(I) the suitability of the land for development, (ii) existing and proposed uses and use mix, (iii) heritage issues and streetscape constraints, (iv) the relationship of the development with other
development (existing or proposed) on the same site or on neighboring sites in terms of separation, setbacks, amenity and urban form,
(v) bulk, massing and modulation of buildings, (vi) street frontage heights, (vii) environmental impacts such as sustainable design,
overshadowing, wind and reflectivity, (viii) the achievement of the principles of ecologically
sustainable development, (ix) pedestrian, cycle, vehicular and service access and
circulation requirements,
(x) The impact on, and any proposed improvements to, the public domain.
The development has been designed by Architects Urban Link and will
provide a high standard of architectural design in relation to the massing
of the development, articulation of the facades and material detailing.
The landscape treatment at the site frontages and the property
boundaries will ensure that the development improves the interface of
the site to the public domain.
The shadowing impacts of the development results in an entirely
acceptable outcome and does not unreasonably diminish existing
Having regard to Clause 4.6(3) (b) and the need to demonstrate that there are sufficient environmental planning
grounds to justify contravening the development standard, the following planning grounds are submitted to justify
contravening the maximum building height:
1. The non-compliance to the terrace roof is numerically minor, being a maximum breach of 940mm (4.7%) at
20.94m (RL 66.8).
2. The point of maximum breech s to the lift overrun at 2.342m (11.7%) which is located at the centre of the
building, away from all boundaries and limited in area.
3. The height departure relates to encroachment of the lift over run, shade structure and roof parapet comprising the SE lift overrun with the remainder of the building positioned below the maximum building height limit.
4. The height breach will not be readily visible from George Street.
5. It is considered that there is an absence of any material impacts of the proposed non-compliance on the
amenity of the environmental values of the locality, the amenity of future building occupants and on area
character.
6. The desire to achieve unimpeded access throughout the site and to the communal open space provides clear
amenity benefits for the residents of the development. For Council to insist on strict compliance in this instance
would require a reduction of the floor to ceiling heights throughout the building and a reduction in the overall
number of units to accommodate the lift overruns within the 20m height limit. This would result in an
unreasonable burden on the development that is to be balanced with the impacts, or lack thereof, resulting
from the non-compliance.
7. The lift over run is a core service element of the development and the shading device provides necessary
amenity benefits to residents using the communal area.
8. The development has been designed to minimize impacts where practicable on neighboring properties and
likely future adjoining properties;
9. Strict compliance with the building height standard would result in no material built form benefits and loss of
resident amenity;
10. The proposed height non-compliance relates to parts of the building that do not contribute to calculable floor
space;
11. Specifically as demonstrated below in the shadow diagrams, the proposed development creates minimal
additional shadow impacts compared to a compliant development scheme. The degree of shadow is therefore
what would be reasonably expected of development on the subject site.
12. The height breach does not result in any additional privacy impacts. The area of height breach does not
contain window openings that will allow views into neighbouring properties.
Site A, 1-9 George Street, Seven Hills
Planning Ingenuity Pty Ltd 18
13. The proposed development meets the objectives of the development standard and meets the objectives of
the R4 High Density Residential zone (as further detailed in Section 7 below);
14. The proposed development achieves the objects in Section 1.3 of the EPA Act, specifically:
a. The proposal promotes the orderly and economic use and development of land through the
redevelopment of an underutilised site for commercial and residential uses(1.3c);
b. The proposed developed promotes good design and amenity of the built environment through a well-
considered design which is responsive to its setting and context.
It is noted that in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, Preston CJ clarified what
items a Clause 4.6 does and does not need to satisfy. Importantly, there does not need to be a "better" planning
outcome:
86. The second way is in an error because it finds no basis in cl 4.6. Clause 4.6 does not directly or indirectly
establish a test that the non-compliant development should have a neutral or beneficial effect relative to a
compliant development. This test is also inconsistent with objective (d) of the height development standard in
cl 4.3(1) of minimising the impacts of new development on adjoining or nearby properties from disruption of
views or visual intrusion. Compliance with the height development standard might be unreasonable or
unnecessary if the non-compliant development achieves this objective of minimising view loss or visual
intrusion. It is not necessary, contrary to what the Commissioner held, that the non-compliant development
have no view loss or less view loss than a compliant development.
87. The second matter was in cl 4.6(3) (b). I find that the Commissioner applied the wrong test in considering
this matter by requiring that the development, which contravened the height development standard, result in
a "better environmental planning outcome for the site" relative to a development that complies with the height
development standard (in [141] and [142] of the judgment). Clause 4.6 does not directly or indirectly establish
this test. The requirement in cl 4.6(3)(b) is that there are sufficient environmental planning grounds to justify
contravening the development standard, not that the development that contravenes the development standard
have a better environmental planning outcome than a development that complies with the development
standard.
As outlined above, it is considered that in many respects, the proposal will provide for a better planning outcome than
a strictly compliant development. At the very least, there are sufficient environmental planning grounds to justify
contravening the development standard.
6. CLAUSE 4.6(4)(a)
Preston CJ in Initial Action Pty Ltd v Woollahra Municipal Council details how Clause 4.6(4) (a) needs to be addressed
(paragraphs 15 and 26 are rephrased below):
The first opinion of satisfaction, in clause 4.6(4) (a) (I), is that a written request seeking to justify the contravention of
the development standard has adequately addressed the matters required to be demonstrated by clause 4.6(3). These
matters are twofold: first, that compliance with the development standard is unreasonable or unnecessary in the
circumstances of the case (clause 4.6(3) (a)) and, secondly, that there are sufficient environmental planning grounds
to justify contravening the development standard (clause 4.6(3) (b)). This written request has addressed Clause 4.6(3)
(a) in Section 4 above (and furthermore in terms of meeting the objectives of the development standard, this is
addressed in 7a below). Clause 4.6(3) (b) is addressed in Section 5 above.
The second opinion of satisfaction, in clause 4.6(4) (a) (ii), is that the proposed development will be in the public interest
because it is consistent with the objectives of the particular development standard that is contravened and the
objectives for development for the zone in which the development is proposed to be carried out. The second opinion
Site A, 1-9 George Street, Seven Hills
Planning Ingenuity Pty Ltd 19
of satisfaction under cl 4.6(4) (a) (ii) differs from the first opinion of satisfaction under clause 4.6(4) (a) (I) in that the
consent authority, or the Court on appeal, must be directly satisfied about the matter in clause 4.6(4) (a) (ii), not
indirectly satisfied that the applicant’s written request has adequately addressed the matter in clause 4.6(4) (a) (ii). The
matters in Clause 4.6(4) (a) (ii) are addressed in Section 7 below.
7. THE PROPOSED DEVELOPMENT WILL BE IN THE PUBLIC INTEREST BECAUSE IT IS CONSISTENT WITH
THE OBJECTIVES OF THE PARTICULAR STANDARD AND THE OBJECTIVES FOR DEVELOPMENT WITHIN
THE ZONE IN WHICH THE DEVELOPMENT IS PROPOSED TO BE CARRIED OUT (CLAUSE 4.6(4((a)(ii))
7a. Objectives of Development Standard
The objectives and relevant provisions of clause 4.3 are as follows:
4.3 Height of buildings
(1) The objectives of this clause are as follows:
(a) to minimize the visual impact, loss of privacy and loss of solar access to surrounding development and the
adjoining public domain from buildings,
(b) To ensure that buildings are compatible with the height, bulk and scale of the surrounding residential localities
and commercial centers within the City of Black town,
(c) To define focal points for denser development in locations that are well serviced by public transport, retail and
commercial activities,
(d) To ensure that sufficient space is available for development for retail, commercial and residential uses,
(e) To establish an appropriate interface between centers, adjoining lower density residential zones and public
spaces.
(2) The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map."
In order to address the requirements of subclause 4.6(4) (a) (ii), each of the relevant objectives of clause 4.4 are
addressed in turn below.
Objective (a):
Objective (a) seeks to minimize the visual impact, loss of privacy and loss of solar access to surrounding development
and the adjoining public domain from buildings. The proposal has been designed to minimize loss of privacy and is of
a contemporary aesthetic that will not give rise to visual impact. The portions of the building that result in the most
significant projections are the two lift overruns. These parts of the building are not readily visible from surrounding
residential properties or the road. The proposal is fully compliant with the building height requirements for the remainder
of the building and where it fronts George Street, the building appears to be of a scale that is expected at the site.
In relation to overshadowing, the impacts of overshadowing are entirely acceptable given the orientation of the site and
the scale of development anticipated by the planning controls. The overshadowing created by the non-compliant
portions of the building are not significant. The additional shadow impacts of the non-compliant portions of the building
are negligible in relation to the shadow that is cast from the compliant elements of the building. This is demonstrated
in Figure 4 below showing comparison of shadows from a compliant scheme versus the proposal.
As such, the height non-compliance will not give rise to any significant shadow impacts.