BLUE MOUNTAINS LOCAL PLANNING PANEL ITEM NO: 2.2 23 …
Transcript of BLUE MOUNTAINS LOCAL PLANNING PANEL ITEM NO: 2.2 23 …
BLUE MOUNTAINS LOCAL PLANNING PANEL
ITEM NO: 2.2 – 23 AUGUST 2021
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ITEM No. 2.2
REPORT: DEVELOPMENT APPLICATION No. X/463/2021 for change of use from
commercial to dwelling house; and alterations & additions at 3 Badgerys
Crescent, LAWSON NSW 2783
Reason for report The proposal is classified as sensitive development as it involves the demolition
of material on a heritage item.
RECOMMENDATION That the Development Application X/463/2021 for change of use from
commercial to dwelling house; and alterations & additions on 3 Badgerys
Crescent, LAWSON NSW 2783 be determined in accordance with s4.16 of the
Environmental Planning and Assessment Act, by the granting of consent subject
to the conditions stated in Part 3 of this report.
Reasons in support of
the recommended
decision
1. The proposed use is permissible in the zone and the development complies
with the relevant State and local planning instruments and policies.
2. Adjoining property owners were notified of the proposed development in
accordance with Council’s policy and no submissions were received.
3. The proposed works are minor in nature and scope, sympathetic to the
heritage significance of the site and will have no adverse impacts on the
heritage item, the heritage conservation area or the heritage item adjacent
the site.
4. The proposed changes are essential for the long-term conservation of the
heritage item and improve its functionality for the occupants.
5. The ramp will allow for accessible entry to the property and the visual
impacts are considered minimal in satisfying the functional needs of
access.
6. The development will have no adverse impacts on natural and built
environment.
Disclosure Disclosure of any political donation and/or gift - No
Declaration of interest No affiliations / associations have been declared
Report authors Mariya Shahid, Development Assessment Planner
Brian Mercer, Program Leader Residential Development Assessment
Alex Williams, Manager Development & Building Services
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Report authoriser William Langevad, Director Environment & Planning Services
PART 1 Development proposal
PART 2 Council assessment
PART 3 Proposed conditions of consent
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PART 1: Development proposal
Applicant Ms A E F Summers
Land owner Mr H R Backers and Ms A E F Summers
Location 3 Badgerys Crescent, LAWSON NSW 2783
Lot & DP L 3 DP 726048, L A DP 388162, L 1 DP 935529
Date lodged 26-Apr-2021
Value of works $45,000.00
Proposal in detail The development proposal seeks approval to revert the use of the building from
shop (gallery) and café, back to its original use as a residence, and for minor
alterations and additions to suit the use.
The development comprises the following changes to the use of the rooms:
Change existing commercial kitchen to a bathroom.
Change existing bathroom to a bedroom.
New domestic kitchen fitout at the rear.
Interior to consist of 4 bedrooms, a living room, a combined kitchen/family
room, a bathroom, a dining room, a study. Existing laundry under rear of
dwelling.
The development proposes minimal intervention to the physical structure and
fabric of the building. The interior retains its existing internal walls and floor plan,
and the three original brick fire places and chimneys.
Proposed physical alterations and additions comprise the following:
Widen opening in the wall between the hallway and former kitchen, close
off sliding door opening and fit a new door to suit the new use of bathroom.
Cut a new opening in the wall between the hallway and new Bedroom 3,
and fit a new door.
Remove modern commercial kitchen fitout.
Install new domestic kitchen fitout.
Construct new timber pedestrian ramp and landing on the eastern side of
the building.
Remove window, enlarge opening and fit a new external door to the landing
and new access ramp, in the external wall on the eastern elevation.
Departure or variation to
a development standard
The applicant is not seeking to vary a development standard.
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Supporting
documentation
The plans and documents lodged are sufficient to enable assessment of the
application. The application is supported by:
o Architectural drawing set by Katy Atkins, dated March 2021
o Heritage Impact Statement by Katy Atkins, dated March 2021
o Statement of Environmental Effects by applicant, dated 26 April 2021
o Demolition Plan by Katy Atkins, dated March 2021
Documentation online Plans to scale and key documents lodged with the application can be viewed
online. Go to www.bmcc.nsw.gov.au/development – Track and View
applications. Search and select X/463/2021.
Reduced site and elevation plans are below.
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Site plan
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Elevation plan
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PART 2: Council assessment
2.1 Overview and summary of issues
Location 3 Badgerys Crescent, LAWSON NSW 2783
Lot & DP L 3 DP 726048, L A DP 388162, L 1 DP 935529
Zoning Living – Conservation under Local Environmental Plan 2005 (LEP 2005)
Proposed Zone R6 Residential Character Conservation under Draft Local
Environmental Plan 2013 (DLEP 2013)
Characterisation of use Dwelling house
Permissibility The proposed development is permissible within the zone.
Type of development Local
Applicable
environmental planning
instruments
o State Environmental Planning Policy No. 55 – Remediation of Land
o SEPP (BASIX) 2004
o SEPP (Infrastructure) 2007
o SEPP (Koala Habitat Protection) 2021
o Sydney Regional Environmental Planning Policy 20: Hawkesbury-Nepean
River
o Local Environmental Plan 2005 & Draft Environmental Plan 2013
o Better Living Development Control Plan
Applicable additional
local provisions
o Heritage Conservation
o Consideration of character and landscape
Applicable additional
local clauses –
development in villages
o Nil
Bushfire prone land The property is not mapped as bushfire prone.
Heritage significance o The subject property is listed as a local heritage item in Schedule 5 of LEP
2005 (Item No. LN029).
o The subject property is not listed on the State Heritage Register.
o The subject property is within the San Jose Avenue and Badgerys Crescent
Cottages Heritage Conservation Area (LN030), and is considered a
contributory item and a significant item.
o The subject property directly adjoins the heritage item Lyttleton Shop and
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Residence (Item No. LN001) to the west.
Aboriginal significance No Aboriginal objects are recorded or Aboriginal places declared in or near the
subject property.
Potentially
contaminated land
The land is not listed on the Council’s potentially contaminated land register and
none of the activities that may cause contamination, listed in Table 1 of Planning
NSW’s Managing Land Contamination Planning Guidelines, are being or are
known to have been carried out on the site.
Site description The site comprises three allotments of land having a combined area of approx.
1303m2. The land has a moderate slope to the rear and to the eastern side
boundary.
Lot 3 contains a single storey weatherboard building. The building fronts
Badgerys Crescent and is constructed to the front boundary with a zero building
setback. Lot A contains a vehicle access point and driveway to a single
freestanding garage to the west of the main building. The eastern side of Lot 3
and the rear of the property, including Lot 1, contain informal gardens and lawn
areas.
The site faces the railway corridor to the south, and adjoins single dwelling
development to the east and north. The adjoining property to the west contains
shops and a dwelling house. The location retains its early 20th century period
built and landscape character.
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Development history /
background
The building was originally constructed in 1909 as a dwelling house in the
Federation style and has had a varied series of uses over time, often associated
with the adjacent store. In 1923 it was a garage, in 1939 a granary, and later a
retailing outlet for garden statuary.
Extensions over this period included an addition to the east side of the building,
enclosure of the verandah at the rear north-eastern corner, reconstruction of the
verandah framing and the construction of a freestanding fibro garage.
In 1983 the property was listed as a local heritage item in Blue Mountains Local
Environmental Plan No. 4.
In 1991 Council granted consent for the establishment of an arts and crafts gallery (DA 714/90).
In 1993 Council granted consent for the establishment of tea rooms in
association with the arts and crafts gallery (DA 622/92), and for an advertising
sign (DA 806/92).
LEP 2005 commenced on 7 October 2005 and zoned the land Living –
Conservation. The commercial use became a prohibited use in the zone and
relied on existing use rights.
The gallery and tea rooms ceased operating in 2018. The present owner
purchased the property in 2020.
Heritage background
and significance
Badgery’s Café and Gallery is listed at the local level as Item No. LN029 in
Schedule 5 of the Blue Mountains LEP 2005. The statement of significance on
the OEH register contains the following description:
Badgery's Café and Gallery is a good intact example of a simple but
substantial Federation house which has been extended to the east at an
early stage in a sympathetic manner.
Its location close to the street boundary is unusual and with its prominent
location at the railway crossing from the Great Western Highway suggests
commercial enterprise and makes it a local landmark.
SHR Criteria a)
[Historical significance]
This is a significant example of constantly changing uses for strategically
sited premises
SHR Criteria c)
[Aesthetic significance]
Badgery's Café and Gallery is a good intact example of a simple but
substantial Federation house which has been extended to the east at an
early stage in a sympathetic manner. Its location close to the street boundary
is unusual and with its prominent location at the railway crossing from the
Great Western Highway suggests commercial enterprise and makes it a local
landmark.
Integrity/Intactness:
Reasonable
The subject site is also located within the San Jose Avenue and Badgerys
Crescent Cottages Conservation Area (Item No. L030). The statement of
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significance for the HCA contains the following details:
This entire precinct has many outstanding features and is in toto of state significance. The precinct of buildings on San Jose Avenue, Park Street and Badgerys Crescent at Lawson is a rare grouping of early cottages and associated buildings most of which were built within a period of thirty years and exhibit characteristics of a range of building styles from within that period.
The group includes a typical late Victorian village post office, shop, workers cottages, bakery and houses for the wealthier merchants and more powerful members of the developing village making an important and interesting streetscape.
This precinct has high historic significance. Its development is associated with a range of people significant nationally (Joseph Hay, environmentalist, philanthropist and surveyor) and locally (the commercial and real estate entrepeneur, John Geggie and his wife) through to Dr. King in the last forty years. It presents legible layers of land use from the earliest land-grants to subdivision, resubdivision, and later infill. It embraces significant commercial residential and educational buildings that are important in their own right.
City wide infrastructure
contribution
The value of the work is below the threshold attracting payment of a contribution.
Referral authorities Referrals to external agencies were not required.
Internal referrals o Senior heritage planner
Notification period The application was notified to adjoining owners for the period 5 May 2021 to 19
May 2021.
Number of submissions No submissions were received.
Summary of
assessment issues
Key issues determined in the assessment are:
o Impact on heritage significance
Assessment issues are detailed below.
2.2 Evaluation
The application has been assessed in accordance with s4.15 of the Environmental Planning and
Assessment Act 1979 (EP&A Act). Only those provisions relevant to the proposed development have been
addressed.
State Environmental Planning Policy (SEPP) – s4.15(1)(a)(i)
The following table provides for an assessment against the provisions applicable State Environmental
Planning Policies.
SEPP 55 – Remediation of Land
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SEPP 55 – Remediation of Land
Consideration has been given to whether the land is contaminated, as required by cl.7 of the SEPP.
Potentially
contaminated land
The land is not listed on the Council’s potentially contaminated land register and
none of the activities that may cause contamination, listed in Table 1 of Planning
NSW’s Managing Land Contamination Planning Guidelines, are being or are
known to have been carried out on the site.
SEPP (Building Sustainability Index: BASIX)
The building was originally constructed as a dwelling house and it is proposed to revert back this use. The
value of works falls below the $50,000 threshold for BASIX affected development, as defined in clause 3 of
the Environmental Planning and Assessment Regulation 2000. A BASIX certificate is not required in this
instance.
SEPP (Infrastructure)
Standard Discussion Compliance
Y/N
cl. 87
Impact of rail noise or
vibration on non-rail
development
The SEPP applies to development for the purpose of residential
accommodation that is on land adjacent to a rail corridor and that
the consent authority considers is likely to be adversely affected
by rail noise or vibration.
The building is located approx. 50m north of the rail corridor and
is therefore affected to some extent by rail noise and vibration.
Subclause (2) provides that, before determining a development
application, the consent authority must take into consideration any
guidelines that are issued by the Secretary for the purposes of
this clause and published in the Gazette.
The relevant guideline is the “Development Near Rail Corridors
and Busy Roads – Interim Guideline” published by NSW
Department of Planning in December 2008. Section 3.5.1 of the
Interim Guideline requires an acoustic report when the distance
between residential premises and the rail corridor is 25m or less.
Between a distance of 25m and 60m standard mitigation
measures are specified (keeping external doors and windows
closed and providing mechanical ventilation). Where trains are
obscured from view by barriers, acoustic treatment may be
reduced or lessened.
In this instance the rail corridor opposite the subject site is within
a cutting which obscures line of site. The railway emerges from
the cutting more than 60m to the line of sight in both east and
west directions from the property.
Whilst it is considered the development will be affected by rail
noise or vibration, the effect is mitigated by the cutting and
Y
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SEPP (Infrastructure)
Standard Discussion Compliance
Y/N
distance, and it is not likely to be affected to the extent that the
impact is adverse. An acoustic report and acoustic retrofitting are
not considered justified. The application does not propose any
acoustic attenuation works. Retrofitting works such as acoustic
glazing and wall insulation are likely to be intrusive to the heritage
fabric of the building and have potential to adversely impact on
heritage significance.
Where Council considers the noise and vibration impact is not
adverse, the SEPP does not require the implementation of
attenuation measures.
cl. 102
Impact of road noise or
vibration
The site is located approx. 65m from the highway corridor at its
closest point and is partially shielded by the topography.
The “Development Near Rail Corridors and Busy Roads – Interim
Guideline” published by NSW Department of Planning in
December 2008 has also been considered in the assessment of
the application. As the site is more than 60m from the highway
corridor and Section 3.5.1 therefore does not require an acoustic
assessment.
Y
SEPP (Koala Habitat Protection) 2021
Standard Discussion Compliance
Y/N
Part 1 Preliminary
cl.5 Land to which SEPP
(Koala Habitat Protection)
2021 applies
The Blue Mountains local government area is listed in Schedule 1
and the SEPP (Koala Habitat Protection) 2021 therefore applies
to all zones within the Blue Mountains LGA.
Y
Part 2 Development control of koala habitats
cl.7 Land to which Part 2
applies
The SEPP (Koala Habitat Protection) 2021 applies to all zones
(including rural zones) within the Blue Mountains LGA.
Y
cl.11 (1) Development
assessment process – no
approved koala plan of
management for land
The development is proposed on land without an approved Koala
Plan of Management (there are no approved Koala Plans of
Management in the Blue Mountains LGA).
The land (and adjoining land under the same ownership) does not
exceed 1 hectare in area. The SEPP (Koala Habitat Protection)
2021 therefore does not apply to the proposed development.
NA
Sydney Regional Environmental Plan No 20 – Hawkesbury-Nepean River
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Standard Discussion Compliance
Y/N
Impact of development on
drinking water sub
catchment
The land is located in the Grose River subcatchment. The
proposal does not impact on stormwater drainage and does not
require any significant vegetation removal. The proposal complies
with the general planning considerations and the specific planning
policies and related recommended strategies which are applicable
to the proposed development, including water quality, water
quantity and urban development.
Y
Local Environmental Plan 2005 [LEP2005] & Draft Local Environmental Plan 2013
[DLEP 2013] – s4.15(1)(a)(i)
The following table is an assessment of the provisions in LEP 2005. The proposed development has also
been assessed against the provisions of Draft LEP 2013 with discussion provided accordingly.
Where a draft clause is equivalent to a clause under LEP 2005, the clauses are listed together and a single
assessment undertaken. Clauses within DLEP 2013 which represent new policy are listed at the end of the
table.
Part 1 Planning principles
Clause Standard Discussion Compliance
Y/N
12 Principal objectives of
LEP
LEP2005:
The proposed development meets the following
relevant objectives:
(a) To maintain the unique identity and values of the
City as the “City within a World Heritage National
Park”.
(c) To conserve and enhance, for current and future
generations, the ecological integrity, environmental
heritage and environmental significance of the Blue
Mountains.
(d) To identify and conserve the distinct Aboriginal
and European cultural heritage of the built forms
and landscapes of the Blue Mountains.
Y
DLEP2013
1.2
DLEP2013: The proposal is considered to satisfy
the aims of the plan that are relevant to the
proposed development.
Part 2 Locality management
Clause Standard Discussion Compliance
Y/N
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Part 2 Locality management
Clause Standard Discussion Compliance
Y/N
Part 2 Div
2
Objectives of the zone LEP2005: The proposed development meets the
objectives of the zone, in particular:
To enhance the landscape character and
setting along roads of heritage significance
where the road forms a visually significant
entrance to a village or a linkage/pathway
between major visitor destinations.
To ensure development, including development
within adjoining road reserves, retains the
prominence of landscape elements and
traditional garden settings.
Y
DLEP2013
Landuse
table
DLEP2013: The objectives of Zone R6 are met, in
particular:
To preserve and enhance the character of
residential areas that are formed by larger
allotments and single dwelling houses within a
prominent traditional garden setting.
32 Part 2
Div 3. Sch
8
Development permissible
on subject land
LEP2005: The proposed use is categorised as
dwelling house. This use is permissible with
development consent in Living Conservation Zone
Y
DLEP2013
2.6 for
subdivision
Landuse
table
DLEP2013: The proposed use is categorised as
dwelling house. The use is permissible with
development consent in Zone R6 Residential
Character Conservation.
Y
Part 3 Assessing the site and environmental context
Clause Standard Discussion Compliance
Y/N
44 Environmental impact LEP2005: The proposed development comprises
minor external works and is not expected to have
an adverse impact on the natural environment.
Y
DLEP2013
6.1
DLEP2013: As above
53 Retention and
management of
vegetation
LEP2005:
No vegetation is proposed to be removed.
Y
DLEP2013
5.9 5.9AA
DLEP2013:
As above
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Part 3 Assessing the site and environmental context
Clause Standard Discussion Compliance
Y/N
56 Site disturbance &
erosion control
LEP2005:
The proposed ramp will not result in any significant
site disturbance
Y
DLEP2013
6.14
DLEP2013:
As above
57 Stormwater management LEP2005:
The proposed development does not include any
additional roofed areas and a negligible increase in
hard stand areas.
NA
DLEP2013
6.9
DLEP2013: As above
58 Modification of land form LEP2005: The development will not impact on the
land form. No excavations, other than pad footings
for the ramp, are proposed.
Y
DLEP2013
6.14
DLEP2013: As above
Character and landscape assessment
60 Consideration of
character and landscape
LEP2005: The form and colour of the proposed
development changes is compatible with the
existing development on the property.
The proposed ramp along the eastern and southern
side of the building comprises minor works and
have no significant impact on built character and
landscape.
Y
DLEP2013
6.18, 6.21
DLEP2013: As above
65 Landscaping for
residential development
No vegetation removal is proposed or required for
this development.
Y
Heritage conservation
68 Consideration of heritage
conservation
LEP 2005:
The development complies with the relevant
heritage conservation objectives and relevant
provisions in Part 3 Division 4.
Y
DLEP2013
5.10
DLEP 2013:
The development complies with the relevant
heritage conservation objectives in clause 5.10(1).
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Part 3 Assessing the site and environmental context
Clause Standard Discussion Compliance
Y/N
69 Heritage conservation
objectives
LEP 2015:
The development meets the following conservation
objectives:
(a) To conserve the environmental heritage of the
Blue Mountains.
(b) To conserve the heritage significance of existing
significant fabric, relics, archaeological sites,
settings and views associated with heritage items
and heritage conservation areas.
(d) To ensure that the heritage conservation areas
throughout the City retain their heritage
significance.
Y
DLEP2013
5.10
DLEP2013:
The development complies with the relevant
heritage conservation objectives in clause 5.10(1).
Y
70 Protection of heritage
items and heritage
conservation areas
LEP 2015:
The scope of the proposed works do not fall within
the categories of exempt development in subclause
(2) & (3), and require consent under subclause
(1)(c).
Y
DLEP2013
5.10
DLEP2013:
The scope of the proposed works do not fall within
the categories of exempt development in subclause
(3).
Y
71 Determination of
development applications
for heritage
LEP2005:
A heritage impact statement (HIS) has been
submitted along with the DA. The Council’s heritage
advisor has assessed the extent to which the
carrying out of the proposed development would
affect the heritage significance of the heritage item
and the conservation area, with reference to the
requirements in subclauses (2), (3) and (4).
The following assessment advice is provided by the
Council’s heritage advisor:
The proposed changes to the heritage item
are in accordance with the heritage
conservation objectives. The proposed
changes are largely internal and will not have
an adverse impact on the heritage item or the
Y
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Part 3 Assessing the site and environmental context
Clause Standard Discussion Compliance
Y/N
HCA.
The proposed changes will help maintain the
significance of the heritage item and will help
in its long-term conservation.
All original fabric of the heritage item is to be
conserved. This includes the existing fireplace
in the kitchen (proposed bathroom), door (of a
shorter height) in the north-east corner of the
former kitchen, external windows to the former
kitchen and bathroom.
The door in the north-east corner appears to
be earlier fabric. As there is no understanding
of the significance of this door (the HIS does
not establish this), it is required that this door
be retained.
The proposed internal changes to the heritage
item will help in removing the commercial
kitchen and allow the residents to introduce a
modern kitchen in the rear family room area.
All works are largely reversible, therefore
acceptable. All original fabric of the property
will not be impacted due to the development.
The fireplace in the kitchen will be retained,
although the space is to be used as a
bathroom.
The works to introduce the bathroom is to be
carried out sympathetically with minimal
damage to the existing fabric as per the
recommended conditions of consent.
Two new doors are proposed to be introduced,
which will have a minimal impact on the
significant fabric of the heritage item. All
external features will be retained.
The external ramp is a new structure that is
completely reversible if required and the works
will enable wheelchair/disabled access to the
property. The proposed ramp is of minimal
impact to the garden as it wraps around the
rear of the house and will not have an adverse
impact on the streetscape.
The heritage item and all the significant fabric
will be conserved as part of this proposal. All
changes proposed are to be fully reversible if
required.
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Part 3 Assessing the site and environmental context
Clause Standard Discussion Compliance
Y/N
The proposed changes will have a minimal
impact on the significance of the heritage item,
the HCA and is compatible with the
surrounding area’s character.
The existing views of the property will be
preserved. The addition of the ramp is a minor
modification that is acceptable to allow
accessible entry to the property. The proposed
changes are reasonable to allow for
wheelchair access for mobility impaired
persons.
This assessment concludes the development meets
the requirements for heritage conservation and
recommends approval subject to the draft heritage
conservation conditions in Part 3 of this report.
DLEP2013
5.10
DLEP2013:
The Council’s heritage advisor has assessed the
extent to which the carrying out of the proposed
development would affect the heritage significance
of the heritage item and the conservation area, with
reference to the requirements in subclauses (2) &
(4).
72 Notice of development
applications
The minor scope of works does not categorise the
development as advertised development. NA
73 (Repealed)
74 Aboriginal heritage LEP 2005:
The site contains no known Aboriginal heritage
significance. Council’s search of the Office of the
Environment and Heritage AHIMS Web Services
(Aboriginal Heritage Information Management
System) register on 29 April 2021 confirmed no
aboriginal sites or places on any of the three lots.
Y
DLEP2013
5.10(8)
DLEP 2013
As for LEP 2005 above.
75 Archaeological sites The site does not have any known archaeological
significance. Ground disturbance is limited to
shallow pad footings for the ramp and it is
considered the potential for disturbance of any
below ground relics is unlikely.
Y
DLEP2013 DLEP 2013
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Part 3 Assessing the site and environmental context
Clause Standard Discussion Compliance
Y/N
5.10(7) As for LEP 2005 above.
76 Development in the
curtilage of a heritage
item
LEP 2005:
The site directly adjoins the Old General Store at 1
Badgerys Crescent, listed as Item No LN001,
located to the west. There are also a number
heritage items in close proximity:
LN008 – Dorinda 8 Badgerys Crescent
LN018 – Stratford 4-8 San Jose Avenue
LN026 – Lawson Bowling Club 2 Loftus Street
LN027 – Lawson Council Depot 5-7 Loftus Street
The development does not adversely impact on the
heritage significance or visual setting of these
items.
Y
DLEP2013
5.10(5)
DLEP 2013:
As for LEP 2005 above. A heritage management
document is not considered necessary due to the
minor scope of works.
77 Conservation incentives LEP 2005:
The development does not rely on heritage
incentives for permissibility.
NA
DLEP2013
5.10(10)
DLEP2013: as above NA
Part 4 Considerations for development
Services and infrastructure
94 General provision of
services
LEP 200%:
Utility services are available to the site including
sewer, power and water. The proposed
development does require any additional servicing.
Y
DLEP2013
6.24
DLEP 2013:
As above
Vehicular access, parking and roads
98 Access to land from a
public road
Legal access to the land is available from Badgerys
Crescent which is a public road.
Y
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Part 4 Considerations for development
Privacy
103 Privacy for dwellings and
granny flats
The proposed use as a dwelling house is likely to
have less impact on neighbouring properties than
its previous use as commercial premises. The
access ramp is not elevated and not close to
common boundaries. The use is consistent with
neighbouring residential uses and the development
is not expected to impact upon the privacy or
amenity of residents on adjoining properties.
Y
Schedule 2 – Locality Management within Living Zones
Clause Standard Control Proposed Compliance
Y/N
Part 2
Division 1
cl. 1(1) Height of
buildings
Eave height
6.5 metres
4.5 metres
No change/increase Y
DLEP2013 Height of
buildings
As above Y
cl. 2(1) Front building
setback
a) allows for any
established front
gardens to be retained,
and
(b) is within 20 per cent
of the average setback
of dwellings on
adjoining allotments in
established areas.
The ramp is located behind
the established front setback.
Y
cl. 2(2)(d) Setback from
other boundaries
Minimum setback from
a side or rear boundary
is 1 metre.
The ramp is more than 1m to
the side boundaries.
Y
cl. 3(1) & (3) Site coverage Maximum allowable site
coverage on the
property is 330.352 m2.
The proposed ramp is open
deck construction which is not
included in site coverage
calculations.
Y
cl. 3(4) Soft, pervious or
landscaped area
A minimum of
782.148m2 soft,
pervious or landscaped
area is to be retained.
No increase in impervious
area.
Y
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Part 2 Division 2
cl. 1 Retaining
character within
the Living –
Conservation
Zone
The scale, building form and materials of the proposed
development is consistent with the established character
of the surrounding area.
Y
cl. 2 Landscape
character within
the Living –
Conservation
Zone.
The proposed development does not require the removal
of trees or vegetation and therefore is unlikely to have
any adverse impact upon the garden setting on the
property, or the landscape setting of the surrounding
area.
Y
Better Living Development Control Plan – s4.15(1)(a)(iii)
The proposed development has been assessed against the provisions of the Better Living Development
Control Plan (BL DCP) with significant points of consideration identified and discussed in the table below.
Clause Standard Discussion Compliance
Y/N
C3 Heritage conservation The application has been assessed by the Council’s
heritage advisor as meeting the relevant
requirements.
Y
D1.2 Biodiversity There is minimal site disturbance and no vegetation
removal is required to facilitate the proposed
development.
Y
D1.4 Stormwater NA
D1.5 Streetscape and
character
The proposed development is consistent with the
character of the surrounding area and is unlikely to
have any adverse impact on the streetscape or
adjoining properties. The building materials, colours
and architectural form are complementary to the
character of the surrounding locality.
Y
D1.8 Services All services are available. Y
D1.10 Vehicular access, parking
and roads
Existing vehicle access and on-site parking is not
affected by the proposed development. The
development provides the minimum require one
parking space behind the building setback for a
dwelling house.
Y
D1.11 Amenity The proposed development is not expected to have
an adverse impact upon the amenity of adjoining
properties.
Y
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Proposed planning instruments – s4.15(1)(a)(ii)
Draft LEP 2013 applies to the site. The relevant draft provisions have been considered alongside the parallel
LEP 2005 provisions in the s4.15(1)(a)(i) Table above.
Planning Agreement – s4.15(1)(a)(iiia)
There are no planning agreements that apply to the proposed development or the subject site.
Regulations – s4.15(1)(a)(iv)
The Environmental Planning and Assessment Regulation, provides controls and regulations that relate to the
management of the proposed development. These requirements are inherent in the assessment processes
undertaken for the proposal.
Biodiversity Conservation Act 2016
Section 1.7 of the Environmental Planning and Assessment Act 1979 provides that a development is also
subject to the provisions of Part 7 of the Biodiversity Conservation Act 2016 (BC Act). Part 7 contains
additional requirements with respect to assessments, consents and approvals.
S7.2 of the BC Act states that a development will ‘significantly affect threatened species’ if:
a) It is likely to significantly affect threatened species or ecological communities, or their habitats,
according to the test in section 7.3, or
b) The development exceeds the Biodiversity Offset Scheme (BOS) threshold if the BOS applies to the
impacts of the development on biodiversity values, or
c) It is carried out in a declared area of outstanding biodiversity value (No area of outstanding
biodiversity value has been declared in the City of Blue Mountains under the BC Act 2016. The
nearest listed declared area of outstanding biodiversity value is the Wollemi Pine declared area
located within the Wollemi National Park).
S7.3 Test for
determining whether
proposed development
or activity likely to
significantly affect
threatened species or
ecological
communities, or their
habitats
A five part test of significance has been undertaken to determine the potential
impact upon threatened species, endangered or critically endangered
ecological communities. There are no threatened species or endangered or
critically endangered ecological communities on the subject or adjoining
properties. It has been concluded that there is not likely to be a significant
impact to threatened species or ecological communities or their habitat, or to
any declared area of outstanding biodiversity value from the proposed
development.
A Biodiversity Development Assessment Report (BDAR) is therefore not
required to address the Biodiversity Offset Scheme (BOS) requirements.
S7.4 Exceeding
biodiversity offsets
scheme threshold
The Biodiversity offset Scheme (BOS) threshold is not triggered by the
development proposal as follows:
- the subject property and footprint of proposed works is not identified in
the Biodiversity Values Map
- no vegetation is to be cleared
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Biodiversity Conservation Act 2016
- the development does not involve a prescribed action as defined by
the S6.1 of the BC Regulations 2017
A Biodiversity Development Assessment Report (BDAR) is therefore not
required to address the Biodiversity Offset Scheme (BOS) requirements.
Likely impacts – s4.15(1)(b)
Likely impacts on the natural and built environment
Discussion
Vegetation removal and
management
No vegetation is affected by this development
Heritage The assessment by the Council’s Heritage Advisor concludes the proposed
development is beneficial to the long-term conservation of the heritage item and
will improve its functionality for the residents, and will have no likely adverse
impacts.
Character and amenity The proposed development is consistent with the character of the surrounding
area and as a result will not have any adverse impact upon the built environment
Access and traffic The traffic generation activity of the dwelling use is expected to be lower than the
previous commercial use. The development will have no likely adverse impact.
It is considered that the development does not have an adverse impact on the natural and built environment.
Likely social impacts
It is considered that the development will have a neutral or beneficial impact.
Likely economic impacts
It is considered that the development will have a neutral impact.
Suitability of the site for the development – s4.15(1)(c)
Site suitability The site and existing building are considered suitable for the proposed use and
development.
Submissions – s4.15(1)(d)
Notification and / or exhibition
Consultation was undertaken in accordance with the requirements Part L Public Participation of the Better
Living DCP and the requirements under the Environmental Planning and Assessment Regulation
Notification The application was notified to adjoining land owners for the period 5 May 2021
to 19 May 2021. The application was also advertised on Council’s website.
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Submissions – s4.15(1)(d)
Notification and / or exhibition
No submissions were received.
Public interest – s4.15(1)(e)
Public interest No issues have arisen during the assessment that would indicate the proposed
development is not in the public interest
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PART 3 Proposed conditions of consent
Confirmation of relevant
plans and documentation
1. To confirm and clarify the terms of consent, the development shall be carried out
in accordance with the following plans and accompanying supportive
documentation, except as otherwise provided or modified by the conditions of this
consent:
Document Prepared by: Drawing No Date
Site Plan Katy Atkins Architectural Drafting Services DRWG 1 March 2021
Floor Plan Katy Atkins Architectural Drafting Services DRWG 2 March 2021
Sections & Elevations Katy Atkins Architectural Drafting Services DRWG 3 March 2021
Demolition Plan Katy Atkins Architectural Drafting Services Not Stated March 2021
Confirmation of approved
use
2. The approved use the subject of this consent is confirmed as a single dwelling
house.
This consent does not approve the use of the dwelling for commercial or any
other purpose, unless the use is exempt development under the provisions of
State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008, or any other state planning policy.
Sydney Water
building plan approval
Prior to works commencing
3. A building plan approval must be obtained from Sydney Water Tap inTM to ensure
that the approved development will not impact Sydney Water infrastructure.
A copy of the building plan approval receipt from Sydney Water Tap inTM must be
submitted to the Principal Certifying Authority prior to works commencing.
Please refer to the web site www.sydneywater.com.au - Plumbing, building &
developing - Sydney Water Tap inTM, or telephone 13 20 92.
Construction certificate 4. A construction certificate is required prior to the commencement of any building
works. This certificate can be issued either by Council as a certifying authority or
by an accredited certifier.
Notification of Home
Building Act 1989
requirements
5. Prior to commencement of building works, the Principal Certifying Authority is to
provide Council with written notice of:
In the case of work for which a principal contractor is required to be
appointed:
o The name and licence number of the principal contractor, and
o The name of the insurer by which the work is insured under Part 6 of the
Home Building Act 1989.
In the case of work to be done by an owner-builder:
o The name of the owner-builder, and
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o If the owner-builder is required to hold an owner-builder permit under the
Act, the number of the owner-builder permit.
Insurance under the Home
Building Act 1989 or owner-
builder permit
6. Prior to the commencement of any building works authorised by this consent, you
must provide to the Principal Certifying Authority:
a) A copy of the contract of insurance complying with the Home Building
Act 1989. Information on this insurance scheme can be obtained from
NSW Fair Trading. Or,
b) A copy of the owner-builder permit.
Building Code of Australia 7. All building work must be carried out in accordance with the provisions of the
Building Code of Australia.
Signage 8. To ensure that the site is easily identifiable for deliveries and provides information
on the person responsible for the site, a sign displaying the following information
is to be erected in a prominent position on the site prior to building, subdivision or
demolition works commencing:
The name, address and telephone number of the principal certifying authority
for the work,
The name of the principal contractor for any building work and a telephone
number on which that person may be contracted outside working hours, and
The statement that “Unauthorised entry to the site is prohibited”.
Site management 9. To safeguard the local amenity and pedestrian safety, reduce noise nuisance and
to prevent environmental pollution during the construction period:
Site and building works (including the delivery of materials to and from the
property) shall be carried out Monday to Friday between 7am-6pm and on
Saturdays between 8am-3pm, excluding public holidays. Alteration to these
hours may be possible for safety reasons but only on the agreement of
Council.
Stockpiles of topsoil, sand, aggregate, spoil or other building materials, and
temporary structures (such as site sheds and toilets) shall be stored wholly
within the subject property and clear of any drainage path or easement,
natural watercourse, footpath, kerb or road surface and shall have measures
in place to prevent the movement of such material off site. The approval of
Council under the Roads Act 1993 is to be obtained prior to the placement of
any materials or temporary structures on Council land.
Building operations such as brickcutting, washing tools, concreting and
bricklaying shall be undertaken on the building block, with pollutants
contained on site.
Builders waste generated under this consent (including felled trees, tree
stumps and other vegetation) must not be burnt or buried on site.
All waste must be contained and removed to an approved Waste Disposal
Depot or in the case of vegetation, with the exception of environmental and
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declared noxious weeds, mulched for re-use on site.
Workers amenities 10. Before work starts, access to toilet facilities must be provided for construction
personnel on the site.
Heritage Conservation 11. The following requirements apply to ensure objectives for heritage conservation
are met:
a) A photographic archival recording of the affected areas of the subject site
shall be provided with a minimum of 15-20 photographs. The photographs
are to include all angles of exteriors and interiors. All photographs are to be
labelled with captions providing the location where it was taken and the
direction. The photographic archival record must be submitted to Council to
the satisfaction of Council's Heritage Officer prior to the issue of the
construction certificate.
b) The fireplace in the proposed bathroom is to be retained. The removal of
the commercial kitchen fit-out and tiling must not damage the original
fireplace that is required to be retained.
c) An existing door (appears to be an earlier door that is shorter in height) in
the north-east corner of the former kitchen is required to be retained.
d) Suitable cladding and damage-proofing shall be provided to protect the
original fabric (existing walls, door, fireplace, windows, etc) and to ensure
no damage to the original fabric occurs during demolition of the kitchen and
bathroom or later during installation of the new bathroom.
e) The ramp is required to be a free-standing structure and not attached to the
heritage item – cottage. The ramp is required to be constructed in a suitable
timber and painted to match the external colours of the house.
f) All proposed development including the proposed bathroom and the ramp
construction must be fully reversible if required to allow the heritage item to
be restored to its original form if required.