Statement of Environmental Effects - Blacktown City · This Statement of Environmental Effects...

Statement of Environmental Effects

Construction of four Residential Flat Buildings containing 90 dwellings (9 x 1 bedroom, 21 x 2 bedroom and 60 x 3 bedroom) including basement

car parking, landscaping and associated drainage works.

Proposed Lot 2 in subdivision of

Lot 30 in DP 262886 South Street, Marsden Park

UNIVERSAL PROPERTY GROUP PTY LIMITED

Trading as Bathla Group ABN 98 078 297 748

PO Box 270

Wentworthville NSW 2145

P 02 9636 2465 F 02 9688 4762 [email protected]

mailto:[email protected]

Lot 30 DP 262886 South Street, Marsden Park

2 137 Gilba Road. Girraween NSW 2145 | P 02 9636 2465 | F 02 9688 4762 | [email protected] Universal Property Group Pty Ltd T/AS Bathla Investments ABN 98 078 297 748

Prepared and published by:

Universal Property Group Pty Ltd

PO Box 270

Wentworthville NSW 2145

ABN 98 078 297 748

COPYRIGHT

All rights reserved

© Universal Property Group Pty Ltd

This document is copyrighted and may only be

used by Council for purposes associated with

the subject Development Application (DA) to

which it relates.

The express purposes of the project, subject of

the Statement of Environmental Effects, and

may not be otherwise copied, reproduced,

distributed or used without the written

permission of the authorised

authors/publishers.

DISCLAIMER

While every reasonable effort has been made

to ensure that this document is correct at the

time of printing, it relies of information /

documentation provided by others and

therefore the authors / publishers disclaim any

and all liability done or the consequence of

anything done or omitted to be done in

reliance upon the whole or any part of this

document.

Printed

July 2017



Table of Contents 1. INTRODUCTION ................................................................................................................................... 4

1.1. Overview ............................................................................................................................................... 4

2. THE SITE .............................................................................................................................................. 5

2.1. Site Location and Context ..................................................................................................................... 5

2.2. Existing site/ vegetation & Topography ................................................................................................ 6

2.3. Public Utilities ....................................................................................................................................... 6

2.4 Proposed Subdivision ............................................................................................................................ 7

3. PROPOSED DEVELOPMENT .................................................................................................................. 8

4. STRATEGIC ASSESSMENT ................................................................................................................... 10

4.1. Environmental Planning Instruments .................................................................................................. 10

4.2. State Environmental Planning Policy (Sydney Region Growth Centres) 2006 .................................... 10

4.3. Zoning .................................................................................................................................................. 12

4.4 BCC Growth Centre Precincts Development Control Plan 2010 and DCP 2014 .................................. 12

4.5 State Environmental Planning Policy No 65 ................................................................................ 14

4.5.1 Design Quality of Residential Flat Development & Apartment Design Guidelines ................................. 14

5 ENVIRONMENTAL PLANNING ASSESSMENT .............................................................................................. 28

5.1 Site Investigation & Contamination ........................................................................................................... 28

5.2 Salinity & Geotechnical Assessment .......................................................................................................... 28

5.3 Aboriginal Cultural Heritage ....................................................................................................................... 29

5.4 Tree Assessment ................................................................................................................................. 29

5.5 Traffic & Parking Assessment .............................................................................................................. 30

5.6 Development Concept Considerations and General Services .................................................................... 30

5.6.1 Design and Planning Principles ...................................................................................................... 30

5.6.2 Sewerage and Water Services ................................................................................................................ 30

5.6.3 Electricity and Telecommunication Supply ................................................................................... 31

5.7 PAM Minutes....................................................................................................................................... 31

6 SECTION 79C ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 ......................................... 32

6.1 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 .................................... 32

6.2 State Environmental Planning Policy (Infrastructure) 2007 ................................................................ 32

6.3 State Environmental Planning Policy 55 – Remediation of Land ........................................................ 32

6.4 Likely Impacts of the Development on the Built Environment {S79C (1) (b)} ..................................... 33

6.5 Likely Social Impacts of the Development in the Locality {S79C (1) (b)} ............................................. 33

6.6 Suitability of the Site ........................................................................................................................... 33

6.7 The Public Interest .............................................................................................................................. 33

7. CONCLUSION ..................................................................................................................................... 34

APPENDIX A - PAM Minutes

APPENDIX B - Clause 4.6 Submission



1. INTRODUCTION

1.1. Overview

This report has been prepared by Universal Property Group Pty Ltd to support a Development Application (DA) involving the Construction of four Residential Flat Buildings containing 90dwellings (9x 1 bedroom, 21 x 2 bedroom and 60 x 3bedroom) including basement car parking, landscaping and associated drainage works. The site is known as Proposed Lot 2 In subdivision Lot 30 262886 South Street, Marsden Park

The proposed development is permissible and generally consistent with the provisions of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP) and the Blacktown City Council Growth Centre Precincts Development Control Plan 2014. This Statement of Environmental Effects (SEE) will address the proposal in the context of the applicable planning legislation and policy:

State Environmental Planning Policy (Sydney Region Growth Centres) 2006; and

Blacktown City Council Growth Centre Precincts Development Control Plan 2014.

This report is to be read in conjunction with the following associated documents and plans prepared as a part of this DA:

Architectural Site and Road Layout plan prepared by Universal Property Group; Survey; Preliminary Environmental Site Assessment Report prepared by Geotesta Pty Ltd; Preliminary Geotechnical Assessment Report prepared by Geotesta Pty Ltd; Traffic Impact Assessment completed by Traffic Solutions Pty Limited Tree Report prepared by Monaco Designs; Aboriginal Cultural Heritage prepared by Dominic Steele

Completed DA form, checklists and owner’s consent.



2. THE SITE

2.1. Site Location and Context The subject site is located within the Marsden Park Precinct. The proposed site is located approximately 4.2 km from Schofield’s Railway Station. The site is approximately 18 km from M7 Westlink Motorway and is connected by Richmond Road.

There are a few schools in close proximity such as Quakers Hill Public School, Marsden Park Public School. Local commercial convenience stores are very near to the subject site.

The immediate locality to the west and south west of the subject site are low density residential developments.

(Refer to Figure 1).

Figure 1: Locality Map (Source: BCC Maps On Line)



2.2. Existing site/ vegetation & Topography

The site is an open treed paddock with a higher density of trees in the southern section. There was no sign of intensive agriculture, such as market gardens, there were no stockyards of livestock dipping facilities on the property. There was no indication on the site of imported filling or major earthworks. However there is some soil disturbance around the dam and access tracks on the site.

The surrounding area consist of rural residential (large lots) and intensive poultry farms. Directly south of the site (less than 100m) is the operation Marsden Park Landfill, which was a basalt quarry. The property adjacent on the western side is an operational piggery. To the east (500m) of the site is a Steggles Poultry farm. Poultry sheds are located approximately 150m to the north of the site and down slope. Further north of the poultry sheds is the Grange Avenue Landfill (approximately 350m north of the site).

The landfill was an old quarry and used as a municipal landfill through the 1990s and early 2000s. The site has been capped and appears to have been rehabilitated with grass and shrubs. It is not clear if there is a landfill gas extraction system in place at the landfill.

The slope of the land is towards the north with an elevation of approximately 47m AHD (Australian Height Datum) in the south and 38m AHD in the north. All drainage on the site is towards the north into a dam located in the lowest area of the site.

Figure 2: Site Map (Source: BCC Maps On Line)

2.3. Public Utilities



The subject site is adequately serviced with connections for sewer, water, stormwater and electricity.

2.4 Proposed Subdivision

The subject application relates to proposed lots 2 in the proposed subdivision of Lot 30 DP 262886 resulting in five Residential Super lots, six Business Park Lots, public roads, storm water drainage basin (SP2 zone – separate Lot) and a “residue” at the corner of two new roads.

Figure 3 Proposed Plan of Subdivision



3. PROPOSED DEVELOPMENT

The proposed development includes the construction of three residential flat buildings on subject lot (proposed Lot 2) Lot 2 consist of 90, predominantly 3 bedroom units. A summary of the Unit breakdown per Lot is set out in Table 1 below and shown in Figure 4

Figure 4 Proposed Site Plan – Lot 2

Table 1 Unit Numbers & Types – Lot 2



The proposed development is five storey in height and consists of three Residential Flat Buildings

Lot 2: 90 Units. (Comprising 9 x 1 (10.0%), 21 x 2 (23.33%) and 60 x 3 bedroom (66.66%) dwellings).

Vehicle parking is proposed in basement (separated below building) with a shared vehicle access via a 7.5m wide driveway direct to proposed Road Number 3. The parking proposed for each lot is as follows:

Lot 2: 149 spaces (including 19 visitor spaces). The shared driveway also caters for a heavy vehicle (for garbage collection) in Basement 1 at the base of the ramp. The proposed driveway location is centrally located between new Roads 2 and 5 which will provide good sight distance in both directions along Road Number 3. This Statement of Environmental Effects has been undertaken with reference to plans prepared by Architex Job No 2291, Drawing Numbers 01-16, Issue D and dated 7th July 2017.



4. STRATEGIC ASSESSMENT

4.1. Environmental Planning Instruments

The subject site is located within the North West Growth Centre of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (SEPP-SRGC) and specifically, Marsden Park Industrial Precinct.

The relevant environmental planning instruments and development controls plans are:

State Environmental Planning Policy (Sydney Region Growth Centres) 2006 - Marsden Park Industrial Precinct (Appendix 5)

Blacktown City Council Growth Centre Precincts Development Control Plan 2014;

State Environmental Planning Policy (Infrastructure) 2007; and

State Environmental Planning Policy 55 – Remediation of Land

4.2. State Environmental Planning Policy (Sydney Region Growth Centres) 2006

The Growth Centre SEPP was gazetted on 28 July 2006 and applies to the subject site (Figure 5).

The proposed application adopts and extends the Indicative Layout Plan of the Marsden Park Industrial Precinct outlined in Figure 6.

The vision for the Marsden Park Industrial Precinct is to create an attractive employment precinct that provides for a diverse range of job opportunities to support the growing residential areas in Sydney’s North West.

The precinct will be characterised by a mix of employment generating uses such as general and light industrial, business parks, and commercial uses. It will also consist of some smaller medium and low density residential areas near the future Marsden Park Town Centre to the north.

Business parks will be situated in the north of the precinct along the boundary with the Marsden Park Town Centre. The precinct will accommodate 6-7 storey buildings set in a campus environment. This area is envisaged to be vibrant and pedestrian friendly, focused along a main street with key active frontages along South Street. The business parks are to complement Marsden Park Town Centre by providing a commercial focus of high value employment within short walking distance of the retail activity provided in the Town Centre. The medium density residential lands will be located to the south of South Street in the middle of the Precinct and on the eastern side of Richmond Road. The areas will provide medium density housing near the key services located within the future Marsden Park Town Centre



Figure 5: Zoning

Figure 6: Road Pattern of Marsden Park Industrial



4.3. Zoning

The subject site is zoned predominately Zone R3 Medium Density Residential; the objectives of the zone are as follows:

Objectives of the R3 Medium Density Residential zone:-

To provide for the housing needs of the community within a medium density residential environment.

To provide a variety of housing types within a medium density residential environment.

To enable other land uses that provide facilities or services to meet the day to day needs of residents.

To support the well-being of the community, by enabling educational, recreational, community, religious and other activities where compatible with the amenity of a medium density residential environment.

Zone SP2Infrastructure

Objectives of zone

To provide for infrastructure and related uses. To prevent development that is not compatible with or that may detract from the

provision of infrastructure.

On the basis of the above comments and assessment of the objectives for the “R3” zone it is considered that the proposed development is a compatible form of land use within the future context of the Precinct.

4.4 BCC Growth Centre Precincts Development Control Plan 2010 and DCP 2014

The Blacktown City Council Growth Centre Precincts Development Control Plan 2010 (BDCP) provides controls and design recommendations for all land as defined pursuant to the BDCP.

The BDCP covers performance and design guidelines and controls related to environmental performance, amenity issues and design elements.

The proposed scheme is compliant with the relevant provisions of the DCP pertaining to Residential Flat Buildings.

The compliance of the Residential Flat Buildings with SEPP 65 will ensure compliance with the DCP Provisions. Summary of the DCP Controls is found in Table 1 opposite.



Table 2: Blacktown City Council Growth Centre DCP Controls

Element R3 zone (Residential Flat Buildings) Proposed Compliance

Site coverage (maximum) 50%

50% 28.79 % Yes

Landscaped area (min) 30% of site area 43.41% Yes

Communal open space 15% of site area 42.18% Yes

Principal Private open space (PPOS)

Min. 10m² per dwelling with min. dimension of 2.5m Minimum

Average 17m2 Minimum 12m2 Yes

Front setback (minimum) 6m Balconies and other articulation may encroach into the setback to a maximum of 4.5m from the boundary for the first 3 storeys, and for a maximum of 50% of the façade length.

Minimum of 6metre setback to front street is achieved with articulation as permitted by DCP.

Yes

Corner lots secondary street setback (min)

6m Design complies with secondary street setback Yes

Side setback (minimum) Buildings up to 3 storeys: 3m Buildings above 3 storeys: 6m

Design complies with side setback

Yes

Rear setback (minimum) 6m Minimum achieved Yes

Habitable room/balcony separation distance (min) for buildings 3 storeys and above

12m Design complies with separation

Yes

Car parking spaces 1 space per dwelling, plus 0.5 spaces per 3 or more bedroom dwelling. May be in a ‘stack parking’ configuration. Car parking spaces to be located below ground or behind building line 1 visitor car parking space per 5 apartments Bicycle parking spaces: 1 per 3 dwellings

Car parking has been provide at a rate required by the DCP. In addition to Bicycle provision has been made for Motorcycle Parking

Yes

Garage Dominance A maximum of two garage doors per 20m of lot frontage facing any one street frontage.

Basement Parking proposed Yes

Garages and car parking dimensions (min)

Covered: 3m x 5.5m Uncovered: 2.5m x 5.2m Aisle widths must comply with AS 2890.1

Basement car park design complies with AS 2890.1

Yes



4.5 State Environmental Planning Policy No 65

4.5.1 Design Quality of Residential Flat Development & Apartment Design Guidelines

The aims of the policy are:

(1) This Policy aims to improve the design quality of residential flat development in New South Wales. (2) This Policy recognises that the design quality of residential flat development is of

significance for environmental planning for the State due to the economic, environmental, cultural and social benefits of high quality design.

(3) Improving the design quality of residential flat development aims:

(a) to ensure that it contributes to the sustainable development of New South Wales:

(i) by providing sustainable housing in social and environmental terms, and (ii) by being a long-term asset to its neighbourhood, and (iii) by achieving the urban planning policies for its regional and local contexts, and

(b) to achieve better built form and aesthetics of buildings and of the streetscapes and the public spaces they define, and

(c) to better satisfy the increasing demand, the changing social and demographic profile of the community, and the needs of the widest range of people from childhood to old age, including those with disabilities, and

(d) to maximise amenity, safety and security for the benefit of its occupants and the wider community, and

(e) to minimise the consumption of energy from non-renewable resources, to conserve the environment and to reduce greenhouse gas emissions.

(4) This Policy aims to provide:

(a) consistency of policy and mechanisms across the State, and (b) a framework for local and regional planning to achieve identified outcomes for specific places.

This SEPP applies to the proposed development under Clause 4 in that it involves:

(a) the erection of a new residential flat building Part 2 of the SEPP contains a range of design quality principles that are to be applied to the proposed development.

Clause 8 contains the following introduction to the design quality principles: Good design is a creative process which, when applied to towns and cities, results in the development of great urban places: buildings, streets, squares and parks.



Good design is inextricably linked to its site and locality, responding to the landscape, existing built form, culture and attitudes. It provides sustainable living environments, both in private and public areas. Good design serves the public interest and includes appropriate innovation to respond to technical, social, aesthetic, economic and environmental challenges. The design quality principles do not generate design solutions, but provide a guide to achieving good design and the means of evaluating the merit of proposed solutions. Clause 9 details the following design principles for consideration and these are addressed below.

Principle 1: Context and neighbourhood character

Good design responds and contributes to its context. Context is the key natural and built features of an area, their relationship and the character they create when combined. It also includes social, economic, health and environmental conditions.

Responding to context involves identifying the desirable elements of an area’s existing or future character. Well-designed buildings respond to and enhance the qualities and identity of the area including the adjacent sites, streetscape and neighbourhood.

Consideration of local context is important for all sites, including sites in established areas, those undergoing change or identified for change.

The proposal addresses this principle in that it is responding to the underlying zoning objective. In part, the general compliance achieved with the planning controls (both SEPP & DCP) ensures that the development is consistent with the desired future neighbourhood character of the area. Principle 2: Built Form & Scale Good design achieves a scale, bulk and height appropriate to the existing or desired future character of the street and surrounding buildings.

Good design also achieves an appropriate built form for a site and the building’s purpose in terms of building alignments, proportions, building type, articulation and the manipulation of building elements.

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.

The general compliance achieved with the planning controls demonstrates that the proposal is of a scale and bulk that is compatible with the existing and intended built form for this locality within Marsden Park. The proposed building is designed with a contemporary feel yet grounded in cost effective materials - limited lightweight steel framing and applied finished panels. Finishes are proposed as simple, elegant and sophisticated. The use of the punctuating



framed window and balcony elements along all facades creates a sophisticated, rhythmic aesthetic, yet creating strong visual interest.

Principle 3: Density Good design achieves a high level of amenity for residents and each apartment, resulting in a density appropriate to the site and its context.

Appropriate densities are consistent with the area’s existing or projected population. Appropriate densities can be sustained by existing or proposed infrastructure, public transport, access to jobs, community facilities and the environment.

The density proposed as part of this development is representative of the site opportunities and future development in the locality. The opportunity presented by this development relates to creating an “affordable” lifestyle; large 2 bedroom & 3 Bedroom units dominate, ensuring first home buyers households are afforded an opportunity to live within the complex. The build-up in density in this location also acknowledges the sites proximity to “Employment” zone opportunities created in the adjoining B7 zoned land that forms part of the site subdivision. A unit mix is proposed with approximately 75% - 3x bedroom units ensuring larger families can be accommodated in this location.

Principle 4: Sustainability

Good design combines positive environmental, social and economic outcomes. Good sustainable design includes use of natural cross ventilation and sunlight for the amenity and liveability of residents and passive thermal design for ventilation, heating and cooling reducing reliance on technology and operation costs. Other elements include recycling and reuse of materials and waste, use of sustainable materials and deep soil zones for groundwater recharge and vegetation. Appropriate energy saving and water efficiency measures have been included into the design of the building. This is confirmed in the accompanying BASIX assessments.

Principle 5: Landscape Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in attractive developments with good amenity. A positive image and contextual fit of well-designed developments is achieved by contributing to the landscape character of the streetscape and neighbourhood.

Good landscape design enhances the development’s environmental performance by retaining positive natural features which contribute to the local context, co-ordinating water and soil management, solar access, micro-climate, tree canopy, habitat values and preserving green networks.

Good landscape design optimises useability, privacy and opportunities for social interaction, equitable access and respect for neighbours’ amenity and provides for practical establishment and long term management.



The landscaping proposed on the site is extensive at the ground floor courtyard level – total of 42.3% across both sites. Deep soil planting is proposed at the rate of 32.74% of the site area (3,501.91m2). A Landscape Concept Plan and details accompanies the application. Principle 6: Amenity Good design positively influences internal and external amenity for residents and neighbours. Achieving good amenity contributes to positive living environments and resident wellbeing.

Good amenity combines appropriate room dimensions and shapes, access to sunlight, natural ventilation, outlook, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas and ease of access for all age groups and degrees of mobility.

The proposed design facilitates the outcomes sought by this design principle. This is shown on the accompanying plans and site analysis. The proposal provides for a range of units that provide appropriate dimensions, access to sunlight, visual and acoustic privacy, a variety of indoor and outdoor space and accessibility. The proposal includes accessible units within the mix. Principle 7: Safety Good design optimises safety and security within the development and the public domain. It provides for quality public and private spaces that are clearly defined and fit for the intended purpose. Opportunities to maximise passive surveillance of public and communal areas promote safety.

A positive relationship between public and private spaces is achieved through clearly defined secure access points and well-lit and visible areas that are easily maintained and appropriate to the location and purpose.

There are no areas of the design that would pose a safety or security risk. In this regard it is noted that there are no entrapment zones or spaces that have poor sight lines within the development. Passive surveillance opportunities have been maximised where possible. The balconies fronting the streets and internal “public domain” add to the activation and liveliness of the area.

Principle 8: Housing diversity and social interaction Good design achieves a mix of apartment sizes, providing housing choice for different demographics, living needs and household budgets.



Well-designed apartment developments respond to social context by providing housing and facilities to suit the existing and future social mix.

Good design involves practical and flexible features, including different types of communal spaces for a broad range of people and providing opportunities for social interaction among residents.

The mix of units proposed responds to the current market demands for this locality and SEPP 65. This project provides a good mix of housing product and one that could be regarded as being affordable and will largely “target” the first home buyer market as well as “down sizers”. There is a variation of floor areas, bedroom numbers and adaptability and the aim is to deliver a highly affordable product to the market. Three bedroom units account for 73% of the proposed units; one bedroom units account for less than 1% Principle 9: Aesthetics Good design achieves a built form that has good proportions and a balanced composition of elements, reflecting the internal layout and structure. Good design uses a variety of materials, colours and textures. The visual appearance of a well-designed apartment development responds to the existing or future local context, particularly desirable elements and repetitions of the streetscape. It is apparent in the plans presented to Council involve a project with a high level of quality in the finishes and materials. It is submitted that the design outcome has been achieved. The SEPP also requires the consent authority to take into consideration the Apartment Design Guide.



The provision of the Apartment Design Guide have been considered as follows:

Apartment Design Guide

No. Requirement Proposal Compliance

Part 2 – Developing the Controls

2A Primary Controls Retention of trees Minimum Setbacks Deep Soil Planting & Basements Building Separation & Depth Building Performance & Orientation Three Dimensional Building Envelope

The primary controls have been applied to the site and the completion of the master plan/site analysis. The consequent building envelope, configuration and orientation satisfies this initial guide. The principles are clearly evident on the Site Analysis Drawing.

Yes

2B Building Envelopes The proposed Building Envelopes are reflective of the planning controls and future scale and bulk of development envisaged within the Precinct.

Yes

2C Building Height The scale of the development is five storeys which is envisaged within the height limit applying to the site. Relaxation of the height limit by application of Clause 4.6 is required due to Lift over runs and balustrading at the roof level.

Yes

2D Floor Space Ratio FSR Control of 1:1 applies to the site. The proposed FSR is 0.99:1 – below maximum FSR permitted. Based on Gross site areas of 15,418.98m2

Notwithstanding, the proposed Building Envelopes are reflective of the planning controls and future scale and bulk of development envisaged within the Precinct.

The lots size and configuration is ideal for the proposed development; the combination of height limit, setbacks (internal and external) operate to influence the proposed built form

Yes

2E Building Depth The proposal is consistent with development which is promoted through the planning controls. The depth of the building is generally compliant, and good cross flow ventilation is proposed where possible and demonstrated on the site analysis plans.

Yes

2F Building Separation

Five/eight storeys (approximately25m):

18m between habitable rooms/balconies13m between habitable rooms/balconies and non-habitable rooms; and

9m between non habitable rooms

Minimum Setback to boundary of 6.0m has been achieved throughout the development.

The setback to the adjoining properties are significantly greater due to the public roads that surround the subject site.

Yes



Part 3 - Siting the Development

3A Site Analysis 3A-1 Site analysis illustrates that design decisions have been

based on opportunities and constraints of the site Site Analysis provided with the DA is considered satisfactory.

Yes

3B Orientation

3B-1 Building types and layouts respond to the streetscape and site while optimising solar access within the development.

Proposal adequately addresses street frontages, while south facing units are minimised

Yes

3B-2 Overshadowing of neighbouring properties is minimised during mid-winter.

The proposal will not unreasonably overshadow any adjoining properties.

The height of the proposed buildings, assumes that there will be some overshadowing of adjoining properties in midwinter

Yes

3C Public Domain Interface

3C-1 Transition between private and public domain is achieved without compromising safety and security.

Active street frontages with glazing provided to all ground floor frontages. Upper level balconies and windows provide casual surveillance of the public domain;

Yes

3C-2 Amenity of the public domain is retained and enhanced.

Building entry is legible and mail boxes are located within the lobby of the building.

Car parking levels are below finished ground level reducing large areas of painted materials or car park vents.

Yes

3D Communal and Public Open Space

3D-1 An adequate area of communal open space is provided to enhance residential amenity and to provide opportunities for landscaping.

A total of 3,532.33m2of communal open space (COS) is proposed. Lot 3 has 1,524.62m2 – 28.08% and Lot 4 has 2007.71m2 – 37.91% of COS provided. Provision of communal open space and landscaped area considered satisfactory

Yes

Design Criteria

Communal open space has a minimum area equal to 25% of the site. Required: 0.25 x 10,725.23m2 = 2,682.20m2 needed (Site Area excludes proposed road for the purpose of this calculation).

3,510.91m2 of communal open space provided or 32.93% based on nett site area (proposed public road excluded from site area calculation).

Yes

Developments achieve a minimum of 50% direct sunlight to the principal usable part for a minimum of 2 hours between 9 am and 3 pm on 21 June (mid-winter).

Yes Yes

3D-2 Communal open space is designed to allow for a range of activities, respond to site conditions and be attractive and inviting.

Range of activities provided include bench seating, BBQ areas, communal tables and chairs, hard

Yes



paving, turfed area, pergolas and covered areas.

3D-3 Communal open space is designed to maximise safety. Safety has been maximised with secure lift & lobby entry to “residents only” COS.

Yes

3D-4 Public open space, where provided, is responsive to the existing pattern and uses of the neighbourhood.

However, the public domain is improved by the proposal with activated street frontages and extensive outdoor areas.

Yes

3E Deep Soil Zones

3E-1 Deep soil zones provide areas on the site that allow for and support healthy plant and tree growth. They improve residential amenity and promote management of water and air quality.

Deep soil planting areas are shown on Drawings and areas claimed as Deep Soil are highlighted

Yes

Design Criteria

Deep soil zones are to meet the following minimum requirements:

Required: 0.07 x 4698 = 329m2 needed with 6m width.

1,905.07m2 of deep soil is proposed on Lot 3 or 35.08%. 1,605.84m2 of deep soil is proposed on Lot 4 or 30.33%. The volume of deep soil planting exceeds the design criteria

Yes

3F Visual Privacy 3F-1 Adequate building separation distances are shared

equitably between neighbouring sites, to achieve reasonable levels of external and internal visual privacy.

Building separation generally complies and exceeds the numerical requirement and satisfactory visual privacy is achieved subject to conditions.

Yes

Design Criteria

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:

The proposed Buildings provides 6m separation to all proposed boundaries The proposed development proposes an equitable sharing of separation distance between adjoining properties ADG separation distances are met

Yes Yes

3F-2 Site and building design elements increase privacy without compromising access to light and air and balance outlook and views from habitable rooms and private open space.

Satisfactory privacy is achieved without compromising access to light and air and views from habitable rooms and private open space.

Yes

3G Pedestrian Access and Entries

3G-1 Building entries and pedestrian access connects to and addresses the public domain.

Pedestrian access points are legible and well-defined. Lift access is provided for all units via basement and ground floor lobby.

Yes



3G-2 Access, entries and pathways are accessible and easy to identify.

The building has a main entry off the new road frontage.

Yes

3G-3 Large sites provide pedestrian links for access to streets and connection to destinations.

The new proposed public road provides the necessary connection to adjoining and surrounding properties.

Yes

3H Vehicle Access

3H-1 Vehicle access points are designed and located to achieve safety, minimise conflicts between pedestrians and vehicles and create high quality streetscapes.

Vehicular access is proposed from proposed new road along the southern edge of the site.

Yes

3J Bicycle and Car Parking

3J-1 Car parking is provided based on proximity to public transport in metropolitan Sydney and centres in regional areas.

Car parking provision is based on Council’s DCP

Yes

Design Criteria

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

Based on the DCP rates, the required car parking is: 1 x 1.0 = 1.00 40 x 1.0 = 40.00 110 x 1.5 = 165.0 Sub-total = 206 Visitor x 5 = 31 Residential: = 237spaces Provided: = 274 spaces 50 bicycle space provided. 50 required.

Yes

3J-2 Parking and facilities are provided for other modes of transport.

Yes

3J-3 Car park design and access is safe and secure.

Yes

3J-4 Visual and environmental impacts of underground car parking are minimised.

Yes

3J-5 Visual and environmental impacts of on-grade car parking are minimised.

N/A

3J-6 Visual and environmental impacts of above ground enclosed car parking are minimised.

N/A

Part 4 – Designing the Building

4A Solar and Daylight Access

4A-1 To optimise the number of apartments receiving sunlight to habitable rooms, primary windows and private open space.

Design Criteria

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. Required: 70% x 151units = 108 units

Overall, 132 out of 151units achieve 2 hours solar access on mid-winter, which equates to 87%.

Yes



A maximum of 15% of apartments in a building receive no direct sunlight between 9 am and 3 pm at mid-winter. Maximum: 15% x 151 units = 27 units

15 units receive no direct sunlight, which equates to 10.0%.

Yes

4A-2 Daylight access is maximised where sunlight is limited.

Yes

4A-3 Design incorporates shading and glare control, particularly for warmer months.

Yes

4B Natural Ventilation 4B-1 All habitable rooms are naturally ventilated.

Yes

4B-2 The layout and design of single aspect apartments maximises natural ventilation.

Yes

4B-3 The number of apartments with natural cross ventilation is maximised to create a comfortable indoor environment for residents.

Design Criteria

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. Required: 60% x 151 units = 55 units

97 units are cross ventilated or 64.0%

Yes

Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line.

NA

4C Ceiling Heights

4C-1 Ceiling height achieves sufficient natural ventilation and daylight access. Yes

Design Criteria

Measured from finished floor level to finished ceiling level, minimum ceiling heights are;

These minimums do not preclude higher ceilings if desired.

2.7m ground floor ceiling 2.7m first floor ceiling 2.7m second floor ceiling 2.7m third floor ceiling 2.7m fourth floor ceiling

Yes

4C-2 Ceiling height increases the sense of space in apartments and provides for well -proportioned rooms.

Noted

4C-3 Ceiling heights contribute to the flexibility of building use over the life of the building. Yes

4D Apartment Size and Layout 4D-1 The layout of rooms within an apartment is functional, well organised and provides a

high standard of amenity. Yes



Design Criteria

Apartments are required to have the following minimum internal areas:

The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5m2 each. A fourth bedroom and further additional bedrooms increase the minimum internal area by 12m2 each.

One-bed – 60.3m2 Two-bed – 82.0 – 85.0m2 Three-bed – 95.0 – 100m2 .

Yes

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.

Yes Yes

4D-2 Environmental performance of the apartment is maximised.

Design Criteria

Habitable room depths are limited to a maximum of 2.5 x the ceiling height.

Yes Yes

In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window.

Yes Yes

4D-3 Apartment layouts are designed to accommodate a variety of household activities and needs.

Design Criteria

Master bedrooms have a minimum area of 10m2 and other bedrooms 9m2 (excluding wardrobe space).

Master bedrooms >10sqm and other bedrooms >9m

Yes

Bedrooms have a minimum dimension of 3m (excluding wardrobe space).

>3m Yes

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.

>3.6m for 1 bedroom units and >4m for 2 bedrooms units

Yes

The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts.

NA NA



4E Private Open Space and Balconies

4E-1 Apartments provide appropriately sized private open space and balconies to enhance residential amenity.

Design Criteria

All apartments are required to have primary balconies as follows:

The minimum balcony depth to be counted as contributing to the balcony area is 1m.

The minimum balcony sizes range One-bed – 8 m2+ 2.0 m Two-bed – 10 m2 + 2.0 m Three-bed – 12 m2 + 2.4 m

Minimum depths provided.

Yes

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.

All ground floor apartments have private open space greater than 15m2

NA

4E-2 Primary private open space and balconies are appropriately located to enhance liveability for residents.

Yes

4E-3 Private open space and balcony design is integrated into and contributes to the overall architectural form and detail of the building.

Yes

4E-4 Private open space and balcony design maximises safety. Yes

4F Common Circulation and Spaces

4F-1 Common circulation spaces achieve good amenity and properly service the number of apartments.

Yes

Design Criteria

The maximum number of apartments off a circulation core on a single level is eight.

There are 9 units proposed on the levels of the RFB, however this is less than the maximum of 12 units provided under the Apartment Design Guide. Corridor width is suitably scaled for these units (1.8m) with light source at each end.

Yes

For buildings of 10 storeys and over, the maximum number of apartments sharing a single lift is 40.

Not Applicable NA

4F-2 Common circulation spaces promote safety and provide for social interaction Yes 4G Storage

4G-1 Adequate, well designed storage is provided in each apartment.

Design Criteria

In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided:

At least 50% of the required storage is to be located within the apartment.

Each unit is provided with internal storage areas as well as individual secure basement storage based on a minimum of 6 cubic metres for 1 bedroom apartments, 8 cubic metres for 2 bedrooms and 10 cubic for the 3 bedroom units.

Yes



4G-2 Additional storage is conveniently located, accessible and nominated for individual apartments.

Yes

4H Acoustic Privacy 4H-1 Noise transfer is minimised through the siting of buildings and building layout. Yes

4H-2 Noise impacts are mitigated within apartments through layout and acoustic treatments.

Yes

4J Noise and Pollution

4J-1 In noisy or hostile environments the impacts of external noise and pollution are minimised through the careful siting and layout of buildings.

Yes

4J-2 Appropriate noise shielding or attenuation techniques for the building design, construction and choice of materials are used to mitigate noise transmission.

Yes

4K Apartment Mix 4K-1 A range of apartment types and sizes is provided to cater for different household

types now and into the future. Yes

4K-2 The apartment mix is distributed to suitable locations within the building. Yes

4L Ground Floor Apartments

4L-1 Street frontage activity is maximised where ground floor apartments are located. N/A 4L-2 Design of ground floor apartments delivers amenity and safety for residents. N/A 4M Façades

4M-1 Building facades provide visual interest along the street Yes

4M-2 Building functions are expressed by the façade. Yes

4N Roof Design 4N-1 Roof treatments are integrated into the building design and positively respond to

the street. Yes

4N-2 Opportunities to use roof space for residential accommodation and open space are maximised.

Yes

4N-3 Roof design incorporates sustainability features. Yes 4O Landscape Design

4O-1 Landscape design is viable and sustainable. Yes

40-2 Landscape design contributes to the streetscape and amenity. Yes

4P Planting on Structures

4P-1 Appropriate soil profiles are provided. Yes 4P-2 Plant growth is optimised with appropriate selection and maintenance. Yes

4P-3 Planting on structures contributes to the quality and amenity of communal and public open spaces.

Yes

4Q Universal Design

4Q-1 Universal design features are included in apartment design to promote flexible housing for all community members.

Yes

4Q-2 A variety of apartments with adaptable designs are provided. Yes

4Q-3 Apartment layouts are flexible and accommodate a range of lifestyle needs. Yes

4R Adaptive Reuse 4R-1 New additions to existing buildings are contemporary and complementary and

enhance an area's identity and sense of place. N/A

4R-2 Adapted buildings provide residential amenity while not precluding future adaptive reuse.

N/A

4S Mixed Use 4S-1 Mixed use developments are provided in appropriate locations and provide active

street frontages that encourage pedestrian movement. Yes

4S-2 Residential levels of the building are integrated within the development, and safety and amenity is maximised for residents.

Yes

4T Awnings and Signage

4T-1 Awnings are well located and complement and integrate with the building design. Yes

4T-2 Signage responds to the context and desired streetscape character. N/A



4U Energy Efficiency

4U-1 Development incorporates passive environmental design. Yes

4U-2 Development incorporates passive solar design to optimise heat storage in winter and reduce heat transfer in summer.

Yes

4U-3 Adequate natural ventilation minimises the need for mechanical ventilation. Yes

4V Water Management and Conservation

4V-1 Potable water use is minimised. Yes

4V-2 Urban stormwater is treated on site before being discharged to receiving waters. Yes 4V-3 Flood management systems are integrated into site design. Yes

4W Waste Management

4W-1 Waste storage facilities are designed to minimise impacts on the streetscape, Yes

4W-2 Domestic waste is minimised by providing safe and convenient source separation Yes

4X Building Maintenance 4X-1 Building design detail provides protection from weathering. Yes

4X-2 Systems and access enable ease of maintenance. Yes

4X-3 Material selection reduces ongoing maintenance costs. Yes



5 ENVIRONMENTAL PLANNING ASSESSMENT

5.1 Site Investigation & Contamination

The Site Investigation & Contamination report has been completed for the site by Geotesta Pty Limited in April 2016.

“Geotesta was engaged by Universal Property Group to conduct a Stage 1 Preliminary Investigation (stage 1 PI) on the property known as Lot 30 South Street, Marsden Park, NSW. The Stage 1 PI is a review of current and historical activities on the site and an assessment of the potential risk of soil/groundwater contamination existing on the land. In accordance with the Department of Urban Affairs and Planning and Environment Protection Authority Managing Land Contamination: Planning Guidelines, State Environmental Planning Policy No. 55—Remediation of Land 1998, the site is considered to have a Low Risk of soil and groundwater contamination. The site is considered suitable for the proposed development and no further assessment work is considered necessary. However, consideration needs to be given to the Marsden Park Landfill as information becomes available, in particular potential landfill gas impacts on the site. Based on the scope of works conducted the following conclusions can be made:

the site history, desk study and inspection indicates past activities on the site have a very low potential for environmental impacts on the soil and groundwater; and

in accordance with the Department of Urban Affairs and Planning and Environment Protection Authority Managing Land Contamination: Planning Guidelines, State Environmental Planning Policy No. 55—Remediation of Land 1998, no further investigations are required; and

the site is suitable for the proposed use. No further environmental investigation works are considered necessary (including a Stage 2 Detail Investigation).”

5.2 Salinity & Geotechnical Assessment

The Geotechnical Assessment report has been completed for the site by Geotesta Pty Limited in April 2016. The report provides information on the subsurface soil profile, site classification, suitable foundation systems and founding depths, retaining wall design parameters and recommendations for earthworks. “The test results indicates the soils are non-aggressive for construction of concrete piles”.



5.3 Aboriginal Cultural Heritage

“No aboriginal places have been declared in or near the”…. subject site.

5.4 Tree Assessment

The Preliminary Tree Assessment report has been completed for the site by Monaco Designs on 29th January 2016

“The site is a vacant semi-rural allotment used for grazing, with an unknown area. Significant clearing has been undertaken, with a lot of regrowth Melaleuca decora within the centre of the property. The retention values of all tree is typically high as site is within Cumberland Plain Woodland (Shale Plains Woodland / Shale Gravel Transition Forest).



Complete access to site was difficult due to the terrain and high levels of moisture on the site. Hence some tree were inspected from a distance (incomplete VTA). “All endemic regrowth (particularly with ‘forest settings’) has been classified as HIGH retention value within the parameters of our definitions, regardless of health and condition. Tree related hazards should be kept in perspective with manmade hazards. Roof materials, advertising material, general rubbish etc. can cause serious harm if they fall in extreme weather conditions. Trees should be seen in perspective with other essentials / desirables of life, which are not hazard free.”

Tree removal is only envisaged in the proposed road alignment associated with the proposed subdivision. Clearing of individual lots would be assessed against the proposed design and layout of the project envisaged for each allotment.

5.5 Traffic & Parking Assessment

A Preliminary Traffic Assessment report has been completed for the site by Traffic Solutions Pty Limited. The conclusions reached in the report are:-

The access driveway proposed to serve the development is suitably located and will provide good sight distance in both directions along the new unnamed road.

The proposed development satisfies the related geometric design specifications contained in the Australian Standards for off street parking and vehicular access.

The off street parking provided in the proposed development exceeds the requirements specified by the Council’s Development Control Plan.

The proposal has a potential net increase in estimated peak hour traffic flows in the order of 29 and 23 vehicle trips in the morning and evening peak hours respectively, which will not have any unacceptable impacts upon the new unnamed road or the surrounding road network.

The access driveway and loading area proposed can be adequately accessed by an 11m long Heavy Rigid Vehicle.

5.6 Development Concept Considerations and General Services

5.6.1 Design and Planning Principles

The proposed subdivision has been designed to all Council’s Engineering Standards and to the design principles embodied with the Precinct DCP

5.6.2 Sewerage and Water Services

Water and sewer services are available to the site. The services will be connected to the proposed development in accordance with the Authority requirements.



5.6.3 Electricity and Telecommunication Supply

Electricity and telecommunication services are available to the site along Grange Avenue. The services will be connected to the proposed subdivision site in accordance with the Authority requirements.

5.7 PAM Minutes

The draft proposal was considered by Council Officers at a Pre Application Meeting (C15/56217) on the 10th March 2016

The Minutes of the meeting are contained in Appendix A to this SEE.

The matters raised in the PAM have been fully addressed and included in this report and the design of the Project.



6 SECTION 79C ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

Section 79C of the Environmental Planning & Assessment Act, 1979 contains the broad heads of consideration related to assessment of development proposals. This section undertakes an assessment of the proposal in the context of the heads of consideration set out in Section 79C (1) of the Environmental Planning and Assessment Act as follows:

(a) the provisions of – (i) any environmental planning instrument, and (ii) any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority, and (iii) any development control plan, and (iv) any matters prescribed by the regulations, that apply to the land to which the development application relates,

(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

(c) the suitability of the site for the development, (d) any submissions made in accordance with this Act or the regulations, (e) the public interest.

Consideration of these matters is undertaken below:

6.1 State Environmental Planning Policy (Sydney Region Growth Centres) 2006

The proposal’s compliance and consistency with the provisions of the Growth Centres SEPP have been addressed in Section 4.2 of this Statement.

6.2 State Environmental Planning Policy (Infrastructure) 2007

This SEPP does not apply to the proposed development as the DA does not fall under the provisions of Traffic Generating Development identified under Schedule 3 as a matter for consideration under the Policy.

The proposal is considered to be satisfactory with regard to future traffic generation and car parking issues and is recommended to be supported by Council.

6.3 State Environmental Planning Policy 55 – Remediation of Land

Clause 7 of SEPP 55 requires Council to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land.

No further environmental investigation works are considered necessary (including a Stage 2 Detail Investigation).

6.4 Likely Impacts of the Development on the Natural Environment {S79C (1) (b)}

The proposed development is unlikely to detrimentally impact the natural environment.



The demolition of existing structure and the removal of existing trees will be dealt with under a separate application.

6.4 Likely Impacts of the Development on the Built Environment {S79C (1) (b)}

The proposed development will be neutral to the Built Environment

6.5 Likely Social Impacts of the Development in the Locality {S79C (1) (b)}

The development will allow for additional residential housing opportunities and Business Park (employment opportunities) in a desirable location and will not create any social displacement and will lead to a positive social outcome.

6.6 Suitability of the Site

The proposed development is to take place within an area designated for new residential and employment development. The infrastructure related to the development is planned development and guarantees successful design of buildings on each of the proposed allotments.

6.7 The Public Interest

The proposed development will not impact on the public interest; it is a subdivision on a site zoned for Residential and Business Park purposes of the type included in this application Impacts on adjoining land will be minimal and in keeping with the planning of the Precinct. The proposal is in the public interest as it will provide housing and employment opportunities within the planned Marsden Park Industrial Precinct and within close proximity to the planned Marsden Park Town Centre.



7. CONCLUSION

It is concluded that the proposed Residential Flat Buildings on Proposed Lot 2 in the proposed subdivision of Lot 30 South Street, Marsden Park located within the North West Growth Centre of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 and specifically, Marsden Park Industrial Precinct, is an appropriate and compatible form of development when assessed under headings of consideration of S.79C of the Environmental Planning and Assessment Act 1979.

We believe the proposed development satisfies and is generally in accordance with the guidelines and recommendations contained in the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 and Blacktown City Council Growth Centre Precincts Development Control Plan No 2014 and SEPP 65.

Based on the above proposal and the development plans submitted, it is recommended that the Blacktown City Council approve the proposed development.

Universal Property Group

July 2017



Appendix A - PAM MINUTES



APPENDIX B – Clause 4.6 Modification Submission - Building Height Nature of modification request is as follows:- Clause 4.3 of Appendix 5 – Marsden Park Industrial Precinct State Environmental Planning Policy (Sydney Region Growth Centres) 2006 stipulates the maximum height of buildings and requires that the proposed development does not “exceed 16m above ground level” as identified on the SEPP Building Height Maps.

The proposed building has been designed to comply with the height standard however, a departure from the standard is sought in relation to the lift overrun and Roof Features that exceeds the 16 metre limit development standard.

The objective of the height control is to:-

(a) to establish the maximum height of buildings on land within the Marsden Park Industrial

Precinct,

(b) to provide for a range of building heights in appropriate locations that provide a high

quality urban form,

(c) to provide appropriate height controls for commercial, industrial and residential

development,

(d) to establish parameters for and promote a high quality built form,

(e) to protect the amenity of adjoining development and land in terms of solar access to

buildings and open space.

For the purpose of calculating height the SEPP 2006 defines:-

building height (or height of building) means the vertical distance between ground level (existing) at any point to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

Only the “leading edges” of the Roof Level of the Proposal seeks variance of the height standard together with Lift and Fires Stair overruns. Specifically those portions of the buildings highlighted above the height “blanket” on each of the two Lots; on the following Drawing below:-



The areas of non-compliance are better illustrated in the sections below:

Lot 2

East Elevation The Lift Overrun exceed the designated height limit of 16metres; the extent of variation sought is up to 600mm

Lot 2

West Elevation The Lift Overrun exceed the designated height limit of 16metres; the extent of variation sought is up to 450mm The planning standard (16 metre height limit) is exceeded by a minimum of 450mm and a maximum of 600mm which represents a minimum numerical variation of the standard of 2.8% and a maximum of 3.75%.

It should also be noted that the “Departure” footprint covers in the worst case analysis less than 1% of the floorplate of Residential Flat Buildings; the punctuation of the height limit provides for interest and variety in the built form and helps articulate the roof-scape of the development.



In general terms, it is contended that the non-compliance is acceptable in this particular instance and ensures the land is suitably developed to a scale that reflects the development controls for this locality

The departure from the maximum height limit is minor in terms of its impact within its context.

The height control is a “development standard” to which exceptions can be granted pursuant to Clause 4.6 of the SEPP. The objectives and provisions of Clause 4.6 are as follows:-

(1) The objectives of this clause are as follows:

(a) to provide an appropriate degree of flexibility in applying certain development standards to

particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular

circumstances.

(2) 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.

(3) Consent must not be granted for development that contravenes a development standard unless

the consent authority has considered a written request from the applicant that seeks to justify

the contravention of the development standard by demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in the

circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the

development standard.

(4) Consent must not be granted for development that contravenes a development standard unless:

(a) the consent authority is satisfied that:

(i) the applicant’s written request has adequately addressed the matters required to be

demonstrated by subclause (3), and

(ii) 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, and

(b) the concurrence of the Director-General has been obtained.

(5) In deciding whether to grant concurrence, the Director-General must consider:

(a) whether contravention of the development standard raises any matter of significance for

State environmental planning, and

(b) the public benefit of maintaining the development standard, and

(c) any other matters required to be taken into consideration by the Director-General before

granting concurrence.

(6) Consent must not be granted under this clause for a subdivision of land within Zone E2

Environmental Conservation if:

(a) the subdivision will result in 2 or more lots of less than the minimum area specified for

such lots by a development standard, or

(b) the subdivision will result in at least one lot that is less than 90% of the minimum area

specified for such a lot by a development standard.

(7) After determining a development application made pursuant to this clause, the consent

authority must keep a record of its assessment of the factors required to be addressed in the

applicant’s written request referred to in subclause (3).

(8) This clause does not allow consent to be granted for development that would contravene any of

the following:

(a) a development standard for complying development,

(b) a development standard that arises, under the regulations under the Act, in connection with

a commitment set out in a BASIX certificate for a building to which State Environmental

Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on

which such a building is situated,

http://www.legislation.nsw.gov.au/#/view/EPI/2004/396

http://www.legislation.nsw.gov.au/#/view/EPI/2004/396



(c) clause 4.1,

(d) clause 5.4.

The development standards in Clause 4.3 are not expressly excluded from the operation of Clause 4.6. Objective 1(a) of Clause 4.6 is satisfied by the discretion granted to Council by virtue of sub clause 4.6(2) and the limitations to that discretion contained in sub clauses (3) to (8). This submission will address the requirements of sub clauses 4.6 (3) & (4) in order to demonstrate that the exception sought is consistent with the exercise of “an appropriate degree of flexibility” in applying the development standard, and is therefore consistent with objective 1(a). In this regard, it is noted that the extent of discretion afforded by sub clause 4.6(2) is not numerically limited. Objective 1(b) of Clause 4.6 is addressed later in the submission.



The objectives and relevant provisions of Clause 4.3 are as follows:-

(a) to establish the maximum height of buildings on land within the Marsden Park Industrial

Precinct,

(b) to provide for a range of building heights in appropriate locations that provide a high quality

urban form,

(c) to provide appropriate height controls for commercial, industrial and residential development,

(d) to establish parameters for and promote a high quality built form,

(e) to protect the amenity of adjoining development and land in terms of solar access to buildings

and open space.

As previously noted, the height of buildings map, nominates a maximum building height of 16m at the site measured from existing ground level.

It is hereby requested that an exception to this development standard be granted pursuant to Clause 4.6 so as to permit the building height proposed.

Objectives (b) relates in part to the impacts of overshadowing and loss of sunlight to sensitive private and public spaces.

As detailed in the shadow diagrams contained in the Architectural submission for the Buildings proposed, the impacts of overshadowing from the proposals are entirely appropriate and could be reasonably expected as a result of the prevailing planning controls; i.e. compliance with the planning standard

The additional height of the Lift & Fire Stair overrun does not add to the shadow cast. The extent of additional shadowing resulting from the departure from the standard is negligible or minor at best and largely affects the roads that adjoin the site. To require compliance with the height limit in this instance would have no material benefit in terms of overshadowing and solar access as any “offending” additional overshadowing arising from the “overrun height” is largely contained in the shadow cast by the proposed roof edge of each building and affects predominately “public infrastructure” lands.

Objective (b) is inherently satisfied by the compliance of the subject development, with the 16m height development standard; across the majority of the built form.

Objective (c) of the height controls is to facilitate higher density development in and around the local centre, the neighbourhood centres and major transport routes while minimising impacts on adjacent residential, commercial and open space areas.

The deviation in the height standard to recognise architectural elements does not obscure the achievement of this objective. The proposal is therefore consistent with the primary objectives of the control. 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 relating to height, as discussed earlier there is an absence of significant impacts of the proposed non-compliance on the adjoining properties or the character of the development within the locality.

On planning grounds and in order to be satisfied that the proposal fulfils objective 1(b) of Clause 4.6 in that allowing flexibility in the particular circumstances of this development will achieve “a better outcome for and from development”, it is considered that the current proposal provides an appropriate scale and form of development particularly in the absence of any adverse impacts.

Having regard to all the above and with specific reference to Wehbe V Pittwater Council (2007) NSW LEC 827, it is our opinion that compliance with the maximum building height development standard is unnecessary in the circumstances of this case as the development meets the objectives of that standard and the zone objectives.

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