DEVELOPMENT ASSESSMENT PANEL DEVELOPMENT ASSESSMENT …€¦ · development assessment report ....

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ITEM NO: 6.4 REPORT NUMBER: 144/15 TO: DEVELOPMENT ASSESSMENT PANEL DATE: 27 MAY 2015 SUBJECT: DEVELOPMENT ASSESSMENT REPORT

AUTHOR: CALLUM LITTLE ATTACHMENTS: 1. LOCALITY PLAN

2. ELEVATION PLAN 3. REPRESENTATION

4. RESPONSE TO REPRESENTATION HEARING OF REPRESENTORS K ZINT HEARING OF APPLICANT LUI DRUSIAN DA NO. : 110/0069/15 APPLICANT : DRUCON DEVELOPMENTS LOCATION : 150 ESPLANADE BRIGHTON DEVELOPMENT PLAN : CONSOLIDATED 18 DECEMBER 2014 ZONE AND POLICY AREA : RESIDENTIAL ZONE CENTRAL WEST POLICY AREA 3 NATURE OF DEVELOPMENT: MERIT PROPOSAL : VARIATION TO DA 110/00103/10 (THREE STOREY BUILDING

COMPRISING THREE DWELLINGS WITH THREE GARAGES SITED ON SIDE BOUNDARIES AT REAR OF SITE WITH ACCESS VIA RIGHT OF WAY CONNECTED TO BEACH ROAD) COMPRISING THE ALTERATION TO CONDITION 9 OF DEVELOPMENT APPROVAL FOR FOUR WINDOWS ON THE NORTHERN SIDE ELEVATION TO BE CLEAR

EXISTING USE : THREE STOREY RESIDENTIAL FLAT BUILDING COMPRISING THREE DWELLINGS

REFERRALS : NOT APPLICABLE CATEGORY : CATEGORY TWO REPRESENTATIONS : ONE RECOMMENDATION : DEVELOPMENT PLAN CONSENT SUBJECT TO CONDITIONS 1. Site and Locality

The subject land faces the Esplanade to the south of Jetty Road in the suburb of Brighton, the subject land is legally identified as: • 150 Esplanade Brighton. The subject land supports a recently constructed three storey residential flat building comprising three dwellings. The residential flat building has been constructed with a degree of articulation and using varied materials, the building makes a positive contribution to the streetscape.

Each elevation of the building includes a number of windows, with large balconies located on the second and third floors facing the Esplanade. Expansive views of the coast and jetty provide a high degree of amenity to the residents within the building.

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ITEM NO: 6.4 REPORT NUMBER: 144/15

Figure 1

View of the subject land looking east from the Esplanade

Figure 2

An aerial photograph of the completed building

Subject land

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The Locality

The locality is characterised by wide open spaces and views of the coastal reserve to the west. The built form of the locality includes buildings of a greater scale than other areas within the council, partially as a result of less restrictive planning policies coupled with a desire to maximise views of the coast. Dwellings within the locality are generally two storeys in height, there are however examples of single and three storey buildings. Architectural themes within the locality vary with examples of very modern buildings contrasting with more traditional built forms. It is reasonable to anticipate that over time older lower density development will be replaced higher density development of a greater scale. Overall the amenity of the locality is high, the proximity of high quality public open spaces, expansive views of the coast and the proximity of the shops and services offered on Jetty Road Brighton all contribute a highly desirable residential location. Positive elements of the locality include the proximity to high quality services and open space, modern dwellings and well-designed landscaping forward of dwellings. Less desirable elements include older housing stock, retaining walls forward of dwellings and limited landscaping. Figure 3

Dwelling north of the subject land

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Figure 4

Surf life saving club north of the subject land

Figure 5 Locality Plan

Jetty Road

Subject Land

Brighton SLSC

Reserve

Brighton Jetty

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ITEM NO: 6.4 REPORT NUMBER: 144/15 2. Proposed Development

The applicant seeks approval to: • Vary development application 110/00103/10 (three storey building comprising three dwellings

with three garages sited on side boundaries at rear of site with access via right of way connected to beach road) by altering condition 9 of development approval for four windows on the northern side elevation to be clear.

Condition 9 of Development Application 110/00103/10 reads: That upstairs windows on the north and south elevations except for the return living room windows in the north western corners of the building shall have minimum window sill heights of 1.7 metres above finished floor level, or any glass below 1.7 metres shall be manufactured obscure glass, fixed shut, or as otherwise approved by Council. Further details of this requirement shall be provided at Building Rules Assessment stage.

By affixing obscured glazing to the second floor northern windows the applicant has partially complied with condition 9, however the top level northern windows have not been screened. The applicant seeks to maintain the top level northern windows with clear glass.

3. Public Consultation

The proposed development underwent Category 2 public notification. One representation opposing the proposal was received. The representation was from: • Kurt Zint of 149 Esplanade Brighton. The representors concerns include: • That the top level windows will allow direct views into the dwelling located at 149 Esplanade

Brighton; • Were the application approved the windows of 149 Esplanade would require constant

covering; and • Approval of the proposed development would set a precedent.

The Representor requested that the proposal be refused.

In response the applicant provided a letter outlining the following arguments: • Views towards the north are available from the approved open balcony.

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ITEM NO: 6.4 REPORT NUMBER: 144/15 4. Development Plan Provisions The proposed development is considered to meet the intent of the majority of relevant Objectives

and Principles of the Holdfast Bay (City) Development Plan. The following tables contain a detailed assessment of the proposal against the provisions of the Development Plan:

HOLDFAST BAY (CITY) DEVELOPMENT PLAN – ASSESSMENT

HOLDFAST BAY (CITY) DEVELOPMENT PLAN – ASSESSMENT – RESIDENTIAL - COUNCIL WIDE – PRINCIPLES OF DEVELOPMENT CONTROL Crime Prevention 1. Development should be designed to maximise surveillance of public spaces through the incorporation of clear lines of sight, appropriate lighting and the use of visible permeable barriers wherever practicable.

Complies. Reduced screening will allow for casual surveillance of the reserve and to a lesser extent the Esplanade.

2. Buildings should be designed to overlook public and communal streets and public open space to allow casual surveillance.

Complies

3. Development should provide a robust environment that is resistant to vandalism and graffiti.

Complies

Energy Efficiency 3. Except for buildings that take advantage of coastal views, development should promote the efficient consumption of energy through the use of larger but appropriately shaded windows on the north and east building surfaces and smaller windows on the south and west building surfaces.

Complies. Principle of Development Control 3 recognises the importance of coastal views.

Interface between Land Uses 2. Development should be sited and designed to minimise negative impact on existing and potential future land uses considered appropriate in the locality.

Complies. Subject to the addition of a new condition requiring screening of the third floor northern windows to a height of 1.2 metres above the dwellings finished floor level.

Orderly and Sustainable Development 1. Development should not prejudice the development of a zone for its intended purpose.

Complies

7. Vacant or underutilised land should be developed in an efficient and co-ordinated manner to not prejudice the orderly development of adjacent land.

Complies.

8. Development in localities having an inappropriate or unsatisfactory layout, or unhealthy or obsolete development should improve or rectify those conditions.

Complies. The proposed alterations to Condition 9 are considered to improve the usability and amenity of 150 Esplanade while maintaining the privacy of 149 Esplanade. (see suggested alterations to condition 9 below)

Residential Development Objectives 3. Higher dwelling densities in areas close to centres, public and community transport and public open spaces.

Complies. The subject land is located within a zone where higher densities are anticipated. Accordingly some level of overlooking is to be anticipated (so long as it is not unreasonable)

Principles of Development control 5. Where a dwelling has direct frontage to a street the dwelling should be designed to provide surveillance and address the street.

Complies. The alterations to condition 9 will improve casual surveillance of the Esplanade and the reserve.

40. Development should protect privacy by minimising direct overlooking from upper level windows and external balconies, terraces and decks to habitable room (all rooms excluding bathrooms, laundries and hallways) windows and useable private open spaces of other dwellings.

Complies. Alterations proposed to condition 9 will minimise direct overlooking into the windows of 149 Esplanade. (Refer discussion below).

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ITEM NO: 6.4 REPORT NUMBER: 144/15 Residential Development Principles of Development control 41. Where development is greater than single storey: (a) any upper storey window that directly overlooks the private open space of an adjoining residential property that is within 30 metres from the vertical centre line of the overlooking window and beyond a 45 degree angle from the plane of the wall containing the overlooking window (as illustrated by the figure below) should be glazed in fixed obscure glass or have window sills a minimum of 1.7 metres above the upper floor level: (b) any upper storey window that directly overlooks habitable rooms (all rooms excluding bathrooms, laundries and hallways) of residential buildings that are within 15 metres from the vertical centre line of the overlooking window and beyond a 45 degree angle from the plane of the wall containing the overlooking window (as illustrated by the figure below) should be glazed in fixed obscure glass or have window sills a minimum of 1.7 metres above the upper floor level: (c) any upper storey balcony should be located and/or designed to avoid directly overlooking the private open space of adjoining residential properties and into habitable rooms (all rooms excluding bathrooms, laundries and hallways) of other dwellings.

Partially Complies. While the screening is proposed to be below 1.7 metres in height, the screening will minimise direct overlooking into the private open space and windows of adjoining dwellings.

Siting and Visibility Objectives 2. Development that recognises significant views and vistas of the coast and the Southern Mount Lofty Ranges.

Complies.

RESIDENTIAL ZONE Objectives 2. Increased dwelling densities in close proximity to centres, public transport routes and public open spaces.

Complies. Objective 1 recognises that higher density development is appropriate in close proximity to public open spaces.

3. Development that contributes to the desired character of the zone.

Complies

CENTRAL WEST POLICY AREA 3 Objectives 4. Development that contributes to the desired character of the policy area.

Complies. Refer below.

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ITEM NO: 6.4 REPORT NUMBER: 144/15 CENTRAL WEST POLICY AREA 3 Desired Character The policy area will accommodate a greater number of residents over time to capitalise on the pleasant environment provided by the Holdfast Bay coastline, while maintaining the recreation value and amenity of the location for the enjoyment of the wider community. While a variety of housing forms are appropriate in the policy area, future development will avoid the creation of continuous facades fronting the Esplanade and buildings will be built in response to the slope of the land by minimising the amount of cutting and filling of the natural ground profile. Building design will be of a high architectural standard and incorporate features that reduce the bulk of the development and add visual interest, such as variations in height, roof form, colour and materials, the provision of balconies and porticos and facade articulation. Appropriate low scale landscaping comprising species tolerant of salt-laden winds will feature in front yards to help with breaking up hard sealed areas such as pathways and driveways, and to contribute to the high amenity of the Esplanade locality.

Complies. The desired character of the zone recognises that higher density development will occur in close proximity to the coast. With higher densities and building heights it is important to recognise that views form an important part of the locality.

Principles of Development Control 1. The following forms of development are envisaged in the policy area: • domestic outbuilding in association with a

dwelling/residential flat building • domestic structure • dwelling • dwelling/residential flat building addition • residential flat building

Complies

2. Development should not be undertaken unless it is consistent with the desired character for the policy area.

Complies

5. Summary of Assessment

Overlooking The applicant seeks to amend a development approval to allow for views of the Brighton Jetty and to

Bindarra Reserve.

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The following are views from the affected windows: Figure 6

View looking northeast from level 3 of 150 Esplanade Figure 7

View looking northeast from level 3 of 150 Esplanade

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Figure 8

View looking northwest from level 3 of 150 Esplanade Figure 9

View looking northwest from level 3 of 150 Esplanade

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The applicant seeks to obtain views of the coastal reserve to the west and Bindarra reserve to the north. As demonstrated in the above photographs were the windows to remain clear, views would be possible into the side windows of the dwelling located at 149 Esplanade. The key issue is to determine whether the degree of overlooking is unreasonable. In order to determine what may be a reasonable degree of overlooking several photographs were taken of 149 Esplanade both from the street and from the balcony of 150 Esplanade (which is not required to be screened). These pictures are below Figure 10

View from the second floor balcony of 150 Esplanade looking at 149 Esplanade

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Figure 11

View from the street looking at the southern elevation of 149 Esplanade

Figure 12

View from the street looking at the front elevation of 149 Esplanade

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The above photographs demonstrate that a degree of overlooking into the widows of the dwelling located at 149 Esplanade is possible from the public realm as well as from the existing second and third floor balconies at 150 Esplanade. The key issue is whether clear windows on the 3rd floor of 150 Esplanade will exacerbate this overlooking and whether views of the iconic Brighton Jetty and the Coast should be maintained. Views from the third floor of 150 Esplanade to 149 Esplanade are acute, specifically should a person wish to view the windows of 149 Esplanade they would need to stand directly adjacent the relevant window and look straight down. Other factors to consider include: • Opportunities for casual surveillance of the street and reserve should be maintained; • views of the coast and jetty are iconic; • Views of the dwelling to the north are acute; • The windows of 149 Esplanade are available from the street and the approved balcony; and • The zone encourages high densities and the preservation of views. The Development Plan recognises the importance of scenic views and casual surveillance. Given the quality of views available from the subject land a degree of reduced screening is considered appropriate. For example obscured glazing to a height of 1.2 metres above the finished floor level will eliminate direct views into the living areas of the adjacent dwelling while maintaining views of the reserve, jetty and coast. The addition of screening to a height of 1.2 metres was discussed with the applicant. While the applicant had applied for clear windows for each of the north facing living area windows, they were willing to agree to some level of screening. Screening to a height of 1.2 metres above the floor level of the windows is considered a reasonable compromise from the original 1.7 metre screening and the clear windows originally applied for by the applicant. In order to preserve the privacy of 149 Esplanade while allowing for important views from the upper levels it is recommended that the application is approved and that a new condition is added to the approval. The new condition will require third floor northern windows to be screened to a height of 1.2 metres above the finished floor level. Screening to 1.2 metres in height will protect the privacy of the adjoining resident while allowing for important views. Approval of the current application will not set a precedent, further it is important to recognise that views into the neighbouring property are oblique, meaning that the majority of the view is of the roof of the dwelling. The screening proposed is a reasonable compromise between retaining important views while respecting neighbours privacy.

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Figure 13

All views into living area windows of 149 Esplanade will be screened while maintaining views of the reserve

Figure 14

All views into living area windows of 149 Esplanade will be screened while maintaining views of the jetty

The windows will be screened below this level

The windows will be screened below this level

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Conclusion The applicant seeks to retain iconic views of the coast, Brighton jetty and Bundarra Reserve from the third level of 150 Esplanade Brighton. The neighbour located at 149 Esplanade has expressed concerns that their privacy will be impacted should these windows remain clear. Relevant Principles of Development Control seek to minimise unreasonable overlooking while maintaining important views and vistas. After attending the site, considering the locations of both buildings and considering views available from the public realm it is considered that a reduced level of screening compared to the original approval is appropriate. Specifically it is considered that screening the northern third floor windows to a height of 1.2 metres above the finished floor level will minimise ‘unreasonable’ overlooking and while still allowing limited views of the jetty, coat and reserve. The application warrants Development Plan Consent, subject to a condition that all windows located on the third level of 150 Esplanade Brighton are screened to a height of 1.2 metres above the finished floor level.

8. RECOMMENDATION

Following a detailed assessment of the proposal against the provisions of the Holdfast Bay (City) Development Plan, and consideration of representations, the application is considered to be reasonably compliant with the relevant provisions of the Development Plan and that the Development Assessment Panel grants Development Plan Consent, to Development Application 110/0069/15, subject to the following conditions:

1. That upstairs windows on the north and south elevations except for the return living room

windows in the north western corners of the building shall have minimum window sill heights of 1.7 metres above finished floor level, or any glass below 1.7 metres shall be manufactured obscure glass, fixed shut, or as otherwise approved by Council. Further details of this requirement shall be provided at Building Rules Assessment stage, other than the four third floor north facing windows identified on the plans herein approved which shall be obscured to a height of 1.2 metres above finished floor level and fixed shut or as otherwise approved by Council.

2. Conditions numbered 1-8 and 10-14 of Development Application 110/00103/10 as listed

below remain valid and must be complied with:

1. That the design and siting of all buildings and structures and site works shall be as shown on the amended plans dated 7/8/10 submitted to and approved by Council unless varied by any subsequent conditions imposed herein.

2. That the premises shall be maintained, kept tidy, free of graffiti and in good repair and

condition to the reasonable satisfaction of Council at all times. 3. That the premises shall not be used, directly or indirectly, for the purpose now

approved until all work has been completed in accordance with the plan approved and the conditions of consent have been complied with, except those conditions that continue to apply.

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4. That construction shall take place between 7am and 7pm Monday to Saturday and not

on Sundays or public holidays. All such work shall be undertaken in such a manner so as not to, in the reasonable opinion of council, cause any nuisance or annoyance to any of the occupiers of buildings within the locality. Any work outside of these hours requires the written approval of Council.

5. That dust emissions from the site shall be controlled by a dust suppressant or by

watering regularly to the reasonable satisfaction of Council. 6. That the builder shall at all times provide and maintain a waste receptacle to the

reasonable satisfaction of Council on the site in which and at all times all builders waste shall be contained for the duration of the construction period and the receptacle shall be emptied as required.

7. That all hard building materials, waste and litter on site be stored in a manner that

secures it on site during the construction works. 8. That no solid or liquid trade wastes be discharged to the stormwater system. 10. Any change in levels along external site boundaries of 200mm or more shall be

retained to suitable engineering standards and any fencing shall be erected on top of such retaining walls. Construction of all retaining walls shall be undertaken and completed prior to the commencement of construction of the dwelling(s) herein approved.

11. That stormwater from each dwelling shall be collected and connected to a 1000 litre

rainwater tank with a sealed system over flow connection to the street water table. Final details of the location and size of the tank/s shall be submitted to Council for approval prior to the issue of full Development Approval. Furthermore, all stormwater from the dwelling and the site shall be collected and disposed of in a manner that does not adversely affect any properties adjoining the site or the stability of any building on adjacent sites.

NOTE: Stormwater shall not be disposed of over a vehicle crossing place and any connection to the street water table, including remedial works to footpaths, verges or other Council infrastructure, is subject to any necessary approvals from Council and will be at the applicant's cost.

12. That the paving provided for the driveway over the right of way from Beach Road shall

be constructed with permeable paving in accordance with sound engineering practice prior to the occupation or use of the development herein approved.

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13. That landscaping shall comprise where practicable, trees and shrubs that are indigenous to the local area and are semi mature or of fast growing tubestock. All such landscaping shall be established within three months of substantial completion of the development and any such vegetation shall be replaced if and when it dies or becomes seriously diseased.

NOTE: Should guidance be required with respect to making a selection of suitable indigenous native vegetation, please refer to http://www.holdfast.sa.gov.au/site/page.cfm?u=867 located on City of Holdfast Bay website.

14. That all domestic mechanical plant and equipment, including air conditioners, should

be selected, designed, and installed to comply with the following mandatory criteria: (a) Noise level not to exceed 52dB(A) between the hours of 7am and 10pm when

measured and adjusted at the nearest residential zone interface in accordance with the Environment Protection (Noise) Policy 2007*:

(b) Noise level not to exceed 45dB(A) between the hours of 10pm and 7am when measured and adjusted at the nearest residential zone interface in accordance with the Environment Protection (Noise) Policy 2007*; and

(c) Where marked with an * the above noise levels must include a penalty for each characteristic where tonal/modulating/ impulsive low frequency characteristics are present in accordance with the Environment Protection (Noise) Policy 2007.

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