The meeting opened at 2.00pm.

01       ACKNOWLEDGEMENT OF COUNTRY

The Acknowledgement of Country was delivered.

02       APOLOGIES

CONSENSUS:

That the apology received from Michael Mason be accepted.

That the apology received from David Crofts for the meeting 16 October 2024 be noted and reflected in the attendance register.

03       CONFIRMATION OF MINUTES

CONSENSUS:

That the Minutes of the Development Assessment Panel Meeting held on 16 October 2024 be confirmed.

04      DISCLOSURES OF INTEREST

There were no disclosures of interest presented.

05       DA2022 - 995.1 Residential Flat Building including Clause 4.6 Variation to Clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011 and Strata Subdivision at Lots 4 & 5 DP 17811, No. 18 & 20 Church Street, Port Macquarie

Speakers:

Michelle Chapman (applicant)

Ben Rapley (applicant)

Jamin Tappouras (applicant)

CONSENSUS:

That DA2022 - 995.1 for a Residential Flat Building Including Clause 4.6 Variation to Clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011 and Strata Subdivision at Lots 4 & 5, DP 17811, No. 18 & 20 Church Street, Port Macquarie, be determined by granting consent subject to the recommended conditions, with the following amendment:

Additional condition prior to release of the construction Certificate to read:

Amended Plans

Prior to release of a construction certificate amended plans are to be provided for the ground floor unit to provide for the foyer entry door to be provided as close to the nominated waste shute as possible;

Reason: To improve casual surveillance of the unit entry point.

06       DA2024 - 407.1 Continued Use of and alterations to ancillary building associated with existing dwelling at Lot:5 DP:568349, No. 35 Grandview Parade Port Macquarie

Speakers:

Frank O’Rouke (Opposing the application)

Darren Walsh (applicant)

CONSENSUS:

That DA2024 - 407.1 for use of and Alterations to Ancillary building associated with existing dwelling at Lot 5, DP 568349, No. 35 Grandview Parade, Port Macquarie, be determined by granting consent subject to the recommended conditions with the following amendments:

Additional Condition prior to release of construction certificate to read:

Landscaping Plan

Prior to release of the construction certificate a landscaping plan is to be submitted to Council’s satisfaction providing for a mix of native shrubs that will provide for effective screening of the building from the adjoining property and view from kennedy Drive. The landscaping is to achieve a height of 5m at maturity. The plantings are to be provided on the southern, northern and western batters nominated on the plan (excluding the western batter for the length of the building).

Reason: To reduce the visual impact of the building.

Additional Condition prior to release of construction certificate to read:

Amended Plans

Prior to release of the construction certificate amended plans are to be submitted to Council’s satisfaction providing for the building roof to be of a low reflectivity, mid-tone muted colorbond roofing material so as to minimise glare to the adjoining property.

Reason: To reduce the visual impact of the building.’

Additional Condition prior to release of construction certificate to read:

Amended Plans

Prior to release of the construction certificate amended plans are to be submitted to Council’s satisfaction providing for timber surrounds to be provided to the false windows to match the existing dwelling.

Reason: To reduce the visual impact of the building.’

General condition 2 be amended to read:

Certificates

The following certificates relevant to the development in accordance with Part 6 of the Environmental Planning and Assessment Act 1979 shall be obtained in the following order:

•           Construction Certificate and Occupation Certificate and

•           Building Information Certificate

Condition Reason: To ensure that appropriate building certification is obtained.

07       DA2021 - 964.2 Section 4.55 Modification to Demolition of Dwelling and Construction of New Dwelling and Swimming Pool at Lot:29A SEC:2 DP:24446, 976 Ocean Drive, Bonny Hills

Speakers:

·         Dave McDonald (Opposing the application)

·         Paul Galland (Opposing the application)

·         Tracey O’Dea (Opposing the application)

·         Paul Poleweski (Opposing the application)

·         Boyd Ison (applicant)

·         Derek Collins (applicant)

CONSENSUS:

That the Section 4.55 modification to DA2021 - 964.2 for demolition of dwelling and construction of new dwelling and swimming pool at Lot 29A, DP 24446, No. 976 Ocean Drive, Bonny Hills, be determined by granting consent subject to changes to the following consent conditions:

1.   Amend condition A1 to reference modified plans and revised BASIX Certificate as follows:

The development is to be carried out in accordance with the plans and supporting documents set out in the following table, as stamped and returned with this consent, except where modified by any conditions of this consent.

In the event of any inconsistency between conditions of this development consent and the plans/supporting documents referred to above, the conditions of this development consent prevail.

2.   Add condition A4 to reference incorporation of staging as follows:

The development must only proceed in accordance with the approved stages as set out below:

·                Stage 1: Dwelling and associated site works.

·                Stage 2: Swimming pool and surrounds.

·                Stage 3: Boat shed and gym.

Unless specified, the conditions of this consent will apply to all stages, with any decision on any discrepancy with conditions and associated staging resting with Council. Any decision to allow a change to staging will rest with Council along with applicable conditions.

3.   Add condition B7 to require a detailed landscaping plan:

A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, shall be provided to the satisfaction of Council prior to release of the Construction Certificate. The plan shall provide a detailed plant schedule that includes species, location and quantities of each species, pot sizes and the estimated height at maturity. Landscaping shall provide screening and visual softening but is to also be of a mature height that minimises view loss.           

4.   Add condition E8 to require completion of landscaping:

All landscaping detailed in the landscaping plan shall be completed to the satisfaction of the accredited certifier prior to occupation or an Occupation Certificate being issued.

5.      Add condition F2 to require maintenance of landscaping:

             Landscaping shall be maintained in good condition as so as to minimise view loss.

08       GENERAL BUSINESS

Nil

The meeting closed at 4.50pm

Name of Meeting:

Meeting Date:

Item Number:

Subject:

I, the undersigned, hereby declare the following interest:

              Pecuniary:

        Take no part in the consideration and voting and be out of sight of the meeting.

              Non-Pecuniary – Significant Interest:

        Take no part in the consideration and voting and be out of sight of the meeting.

              Non-Pecuniary – Less than Significant Interest:

        May participate in consideration and voting.

For the reason that: 

Name:

Signed:

Date:

Please submit to the Governance Support Officer at the Council Meeting.

By

[insert full name of councillor]

In the matter of

[insert name of environmental planning instrument]

Which is to be considered at a meeting of the

[insert name of meeting]

Held on

[insert date of meeting]

PECUNIARY INTEREST

Address of the affected principal place of residence of the councillor or an associated person, company or body (the identified land)

Relationship of identified land to councillor

[Tick or cross one box.]

 The councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease, trust, option or contract, or otherwise).

 An associated person of the councillor has an interest in the land.

 An associated company or body of the councillor has interest in the land.

MATTER GIVING RISE TO PECUNIARY INTEREST[1]

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land 2

[Tick or cross one box]

 The identified land.

 Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control

[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

Proposed change of zone/planning control

[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

Effect of proposed change of zone/planning control on councillor or associated person

[Tick or cross one box]

 Appreciable financial gain.

 Appreciable financial loss.

Applicant:               Stewart Architecture Pty Ltd

Owner:                    4 Clarence Street PM Pty Ltd

Estimated Cost:     $22.709M

Alignment with Delivery Program

4.3.1  Undertake transparent and efficient development assessment in accordance with relevant legislation.

Requirement

Proposed

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 applicant has stated that the modified proposal has been designed to appropriately respond to both frontages, as well as to water views and solar access to the north and maintains the approved bulk and scale.

The modified proposal remains to propose a part six (6) and part eight (8) storey residential flat building.

The modified building design is sufficiently compatible with existing development and the desired future character of the area. It is considered the modified building will contribute to the identity of the area.

Principle 2: Built form and 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 applicant has stated and confirmed during assessment that the modified proposal does not exceed the maximum heights of the existing approved development which included a building height variation.

The height and bulk of the proposed modified building is considered to be acceptable in the streetscape and is adequately consistent with the future desired character of the area.

The modified building will achieve an appropriate built form and incorporates interesting building elements and treatments that will compliment the existing streetscapes.

The modified internal unit layouts provide for satisfactory internal amenity. The orientation of the block takes advantage of the northern and western outlooks.

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 current approved floor space ratio (FSR 2.38:1, which complies with the maximum 2.5:1 FSR adopted in the LEP.

The modified proposal includes an increase in gross floor area and FSR and complies with the 2.5:1 maximum FSR.

The adopted FSR for the site is consistent with the objectives of the R4 zone and the modified building design is appropriate as justified within the immediate context.

The proposed modified density can be sustained having regard to availability of infrastructure, and public transport, proximity to services and community facilities and the environmental quality of the area.

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.

The applicant has submitted details that the modified proposal has been designed to optimise the number of apartments receiving direct sunlight to living rooms and private open space at mid winter.

The number of natural cross-ventilated units is satisfactory and exceeds the Apartment Design Guide minimums.

An updated BASIX certificate has been provided demonstrating that the modified design satisfies acceptable energy and water efficiency measures.

Suitable revised landscaping areas are proposed on the ground floor level in addition to a rooftop photovoltaic alternative energy supply.

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, respect for neighbours’ amenity and provides for practical establishment and long term management.

Satisfactory revised landscaping is proposed. The soil depth and area available is consistent the Apartment Design Guide requirements.

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 well being.

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 applicant has stated that the modified proposal has been designed to provide the maximum amenity to future residents and the protect the amenity of neighbours.

The modified building layout is sufficiently efficient, legible and promotes equitable access.

Each unit provides satisfactory amounts of private open space at all levels.

Adequate storage and outdoor space is provided throughout the building.

Accessibility is possible via ramps, stairs and lifts.

Communal open space areas remain satisfactory with the modified design.

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.

The applicant has advised that the modified design has considered a range of design strategies from entrance points to casual surveillance and security.

The basement parking area sufficiently secure and has been clarified in the amended design plans.

A review of the modified proposal has identified that adequate consideration has been given to the principles of Crime Prevention Through Environmental Design (CPTED).

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 current approved proposal provides 2 bedroom apartments only.

The modified proposal incorporates a significant change in housing mix to a variety of 1, 2 and 3 bedroom units which provides more desirable mix of housing choice.

The proposal adequately addresses social mix and adds to the housing choice in the locality.

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.

The modified plans provide satisfactory examples of colours, textures and finishes.

A variety of façade articulation is proposed in the modified building design which is satisfactory.

The colours and materials provided on the modified plans indicate a contemporary high quality design and finish. It is considered that the aesthetics of the modified building will respond appropriately to the surrounding environment and context of the existing and desired character of the locality.

Apartment Design Guide (ADG) Objective

Design Guidance/Design Criteria (Italics)

Proposed

3A - 1 Site analysis illustrates that design decisions have been based on opportunities and constraints of the site conditions and their relationship to the surrounding context.

Each element in the Site Analysis Checklist should be addressed (Appendix 1 of ADG)

Revised satisfactory site analysis provided.

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

Buildings along the street frontage define the street, by facing it and incorporating direct access from the street (see figure 3B.1).

Where the street frontage is to the east or west, rear buildings should be orientated to the north.

Where the street frontage is to the north or south, overshadowing to the south should be minimised and buildings behind the street frontage should be orientated to the east and west (see figure 3B.2).

The site is a corner site with its primary frontage to Clarence Street and secondary frontage to Munster Street.

The applicant has submitted that dwellings have been orientated to maximise the northern aspect to living spaces and capture key views. The majority of bedroom spaces are identified to be positioned on the east, west and south sides of the development.

The proposed modified building satisfactorily presents to Clarence Street and Munster Street with its ground floor pedestrian and driveway entries.

The building satisfactorily orientates to and responds to the two street frontages and incorporates satisfactory pedestrian and vehicle access arrangements.

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

Living areas, private open space and communal open space should receive solar access in accordance with sections 3D Communal and public open space and 4A Solar and daylight access.

Solar access to living rooms, balconies and private open spaces of neighbours should be considered.

Where an adjoining property does not currently receive the required hours of solar access, the proposed building ensures solar access to neighbouring properties is not reduced by more than 20%.

If the proposal will significantly reduce the solar access of neighbours, building separation should be increased beyond minimums contained in section 3F Visual privacy.

Overshadowing should be minimised to the south or down hill by increased upper level setbacks.

It is optimal to orientate buildings at 90 degrees to the boundary with neighbouring properties to minimise overshadowing and privacy impacts, particularly where minimum setbacks are used and where buildings are higher than the adjoining development.

A minimum of 4 hours of solar access should be retained to solar collectors on neighbouring buildings.

Likely overshadowing to the southern neighbour remains to be within acceptable amounts to meet the minimum requirements of this Guide.

The southern-most part of the building is setback 6.198 to 6.335m from the southern side boundary and the front setback is 4.94m.

Drawing numbers DA0305 and DA0300 submitted for the modified proposal provide details of the likely overshadowing impacts to No.12 Munster Street.

The shadow diagrams submitted provide a detailed breakdown hour by hour between the key dates and times of 9am to 3pm at mid winter for all neighbouring units.

Greater than 70% of the southern neighbour units receive the minimum required minimum 3 hours of direct sunlight in mid winter.

The shadowing impacts are varied at select times between 9am and 3pm however remain within acceptable amounts to not warrant refusal or design changes such as further increased southern setbacks beyond the current proposed 6.198 to 6.335m. 

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

Terraces, balconies and courtyard apartments should have direct street entry, where appropriate.

Changes in level between private terraces, front gardens and dwelling entries above the street level provide surveillance and improve visual privacy for ground level dwellings (see figure 3C.1).

Upper level balconies and windows should overlook the public domain.

Front fences and walls along street frontages should use visually permeable materials and treatments. The height of solid fences or walls should be limited to 1m.

Length of solid walls should be limited along street frontages.

Opportunities should be provided for casual interaction between residents and the public domain. Design solutions may include seating at building entries, near letter boxes and in private courtyards adjacent to streets.

In developments with multiple buildings and/or entries, pedestrian entries and spaces associated with individual buildings/entries should be differentiated to improve legibility for residents, using a number of the following design solutions:

-    architectural detailing

-    changes in materials

-    plant species

-    colours

Opportunities for people to be concealed should be minimised

The modified proposal provides a satisfactory transition between the private and public domain having regard to the following satisfactory design elements:

·  The main common entrance off Clarence Street has a clear and direct street access. A secure screened entry gate is proposed at the end of the first section of the common open entry way.

·  The courtyard walls, terraces, fencing and landscaping proposed will provide a satisfactory balance between privacy and contribute to street surveillance.

·  All of the 7 ground floor units have individual street access points to Clarence and Munster Streets.

·  Concealment opportunities have been limited.

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

Planting softens the edges of any raised terraces to the street, for example above sub-basement car parking.

Mail boxes should be located in lobbies, perpendicular to the street alignment or integrated into front fences where individual street entries are provided.

The visual prominence of underground car park vents should be minimised and located at a low level where possible.

Substations, pump rooms, garbage storage areas and other service requirements should be located in basement car parks or out of view.

Ramping for accessibility should be minimised by building entry location and setting ground floor levels in relation to footpath levels.

Durable, graffiti resistant and easily cleanable materials should be used.

Where development adjoins public parks, open space or bushland, the design positively addresses this interface and uses a number of the following design solutions:

-    street access, pedestrian paths and building entries which are clearly defined

-    paths, low fences and planting that clearly delineate between communal/private open space and the adjoining public open space

-    minimal use of blank walls, fences and ground level parking.

On sloping sites protrusion of car parking above ground level should be minimised by using split levels to step underground car parking

Satisfactory landscape planting opportunities are to be provided to the edge of the terraces to both streets.

Mailboxes capable of being provided within entrance lobby area.

Visual prominence of basement carpark will be minimal due to stepped landscaping and levels proposed.

Carparking entrance is retained on the secondary frontage in a satisfactory location connecting to Munster Street.

Substation location unresolved however indicatively proposed to be installed as a pole mounted substation.  If this is unable to be achieved there is adequate space within the site in the southern side setback to make the installation.

Direct access to main lobby provided from Clarence Street capable of meeting accessibility requirements and provision can be made for disabled parking spaces within basement parking area.

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

Design Criteria

1. Communal open space has a minimum area equal to 25% of the site (see figure 3D.3)

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

Communal open space should be consolidated into a well designed, easily identified and usable area.

Communal open space should have a minimum dimension of 3m, and larger developments should consider greater dimensions.

Communal open space should be co-located with deep soil areas.

Direct, equitable access should be provided to communal open space areas from common circulation areas, entries and lobbies.

Where communal open space cannot be provided at ground level, it should be provided on a podium or roof.

Where developments are unable to achieve the design criteria, such as on small lots, sites within business zones, or in a dense urban area, they should:

-    provide communal spaces elsewhere such as a landscaped roof top terrace or a common room

-    provide larger balconies or increased private open space for apartments

-    demonstrate good proximity to public open space and facilities and/or provide contributions to public open space

The site has a combined site area of 1782.57m2.

Communal areas have been modified to that of the original approved development and are approximately 32.5% of site area which is considered sufficient and accessible.

The modified building design is arranged around a central landscaped courtyard with open breezeways which are intended to serve as vertical connection between all units particularly above the ground floor level.

The ground floor courtyard communal area is expected to not achieve the desired 2 hours of direct sunlight to 50% of the area however it is noted that the site’s orientation and building height proposed make this difficult to achieve.

The modified proposal provides a second communal area for residents with modified level 6 communal garden, pool and spa areas. This area has been measured to approximately 250m2 in area. This area is considered to have good opportunity for solar access compared to the ground floor courtyard and is an acceptable design solution for amenity for future residents.

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

Facilities are provided within communal open spaces and common spaces for a range of age groups (see also 4F Common circulation and spaces), incorporating some of the following elements:

-    seating for individuals or groups

-    barbecue areas

-    play equipment or play areas

-    swimming pools, gyms, tennis courts or common rooms.

The location of facilities responds to microclimate and site conditions with access to sun in winter, shade in summer and shelter from strong winds and down drafts.

Visual impacts of services should be minimised, including location of ventilation duct outlets from basement car parks, electrical substations and detention tanks

The ground level communal open space is consolidated in a well-designed and easily identifiable areas.

Level 6 communal open space is well designed and accessible from the building lifts.

Design elements of communal barbeque, seating both formal and informal are available.

The site is also within close walking distance to several large public open spaces including Town Beach and Town Green.

3D - 3 Communal open space is designed to maximise safety

Communal open space and the public domain should be readily visible from habitable rooms and private open space areas while maintaining visual privacy. Design solutions may include:

-    bay windows

-    corner windows

-    balconies.

Communal open space should be well lit.

Where communal open space/facilities are provided for children and young people they are safe and contained

The ground level communal open space can be casually supervised by the residents of the ground floor units who access directly onto that area and by residents coming down in the lifts into this area.

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

The public open space should be well connected with public streets along at least one edge.

The public open space should be connected with nearby parks and other landscape elements.

Public open space should be linked through view lines, pedestrian desire paths, termination points and the wider street grid.

Solar access should be provided year round along with protection from strong winds.

Opportunities for a range of recreational activities should be provided for people of all ages.

A positive address and active frontages should be provided adjacent to public open space.

Boundaries should be clearly defined between public open space and private areas

No public open space proposed.

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

Design Criteria

1. Deep soil zones are to meet the following minimum requirements:

a)  < 650m², no min dimension, 7% site area deep soil zone.

b)  650-1500m², 3m dimension, 7% site area deep soil zone.

c)  >1500m², 6m dimension, 7% site area deep soil zone.

On some sites it may be possible to provide larger deep soil zones, depending on the site area and context:

- 10% of the site as deep soil on sites with an area of 650m² - 1,500m²

- 15% of the site as deep soil on sites greater than 1,500m².

Deep soil zones should be located to retain existing significant trees and to allow for the development of healthy root systems, providing anchorage and stability for mature trees. Design solutions may include:

- basement and sub basement car park design that is consolidated beneath building footprints

- use of increased front and side setbacks

- adequate clearance around trees to ensure long term health

- co-location with other deep soil areas on adjacent sites to create larger contiguous areas of deep soil.

Achieving the design criteria may not be possible on some sites including where:

- the location and building typology have limited or no space for deep soil at ground level (e.g. central business district, constrained sites, high density areas, or in centres)

- there is 100% site coverage or non-residential uses at ground floor level.

Where a proposal does not achieve deep soil requirements, acceptable stormwater management should be achieved and alternative forms of planting provided such as on structure.

The site has a combined site area of 1782.57m2.

The recommended deep soil provision is therefore to have a 6m dimension within a 7% site area deep soil zone.

More than 15% Deep soil zone provided with 22% of the site detailed to be available for deep soil zone primarily within the central courtyard area within a 11m wide area which is satisfactory.

Sufficient landscaping is proposed.

3F - 1 Adequate building separation distances are shared equitably between neighbouring sites, to achieve reasonable levels of external and internal visual privacy

Design Criteria

1. Separation between windows and balconies is provided to ensure visual privacy is achieved. Minimum required separation distances from buildings to the side and rear boundaries are as follows:

a)  Building height up to 12m (4 storey) need 6m setback to habitable and 3m to non habitable.

b)  Buildings up to 25m (5-8 storeys) need 9m to habitable and 4.5m to non habitable.

c)  Buildings over 25m (9+ storeys) need 12m to habitable and 6m to non habitable.

Note: Separation distances between buildings on the same site should combine required building separations depending on the type of room (see figure 3F.2).

Gallery access circulation should be treated as habitable space when measuring privacy separation distances between neighbouring properties

Generally one step in the built form as the height increases due to building separations is desirable. Additional steps should be careful not to cause a 'ziggurat' appearance.

For residential buildings next to commercial buildings, separation distances should be measured as follows:

-for retail, office spaces and commercial balconies use the habitable room distances

-for service and plant areas use the non-habitable room distances.

New development should be located and oriented to maximise visual privacy between buildings on site and for neighbouring buildings. Design solutions include:

-site layout and building orientation to minimise privacy impacts (see also section 3B Orientation)

-on sloping sites, apartments on different levels have appropriate visual separation distances (see figure 3F.4).

 Apartment buildings should have an increased separation distance of 3m (in addition to the requirements set out in design criteria 1) when adjacent to a different zone that permits lower density residential development to provide for a transition in scale and increased landscaping (figure 3F.5).

Direct lines of sight should be avoided for windows and balconies across corners.

No separation is required between blank walls

Building separation has been detailed by the applicant to be consistent with the existing approved development and in some parts achieve greater separation to adjoining buildings.

On the east side of the of modified building the proposal retains a blank wall to blank wall to the neighbouring ‘Focus’ building. No separation is required. Amendments to the wall detail and balustrade detail on Levels 2 to 7 has occurred during assessment of the application.

The eastern rear portion of the proposed modified building (beyond front building component) is setback particularly for the height where above 5 storeys in varied stepped manner between 7.55m to 11.525m.

The only sections of the building within 9m are the common open breeze areas to the side of the lift wells on each level. The minimum distance is measured at 7.55m and 8.4m being 1.45m and 0.6m within the recommended setback for Levels 4, 5 and 6.

Given the existing setbacks of the Focus building to the east sufficient separation is proposed to be provided and no privacy mitigation required to the subject breezeway areas.

For the southern end of the modified building a side setback of 6.198 to 6.335m is proposed. The ground floor level, levels 1, 2 and 3 all achieve the recommended setback. Levels 4, 5 and 6 for the community open space level are within the 9m recommended setback for habitable areas. In this regard the southern elevation of the modified building on levels 4 and 5 only contain 1 highlight window to the living areas otherwise a blank wall. For the top level 6 the usable area is set in from the southern boundary to approximately 1.7m further than the building alignment equating to a 7.9m to 8.035m approximate setback. This 1m encroachment is considered acceptable as the adjoining building ‘Huxley Court’ has a 6.8m wide driveway on the northern side therefore providing a 14.7m separation distance and is set lower than the Level 6 - no direct views anticipated with set in usable area. No additional mitigation is recommended.  

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

Communal open space, common areas and access paths should be separated from private open space and windows to apartments, particularly habitable room windows. Design solutions may include:

- setbacks

- solid or partially solid balustrades to balconies at lower levels

- fencing and/or trees and vegetation to separate spaces

- screening devices

- bay windows or pop out windows to provide privacy in one direction and outlook in another

- raising apartments/private open space above the public domain or communal open space

- planter boxes incorporated into walls and balustrades to increase visual separation

- pergolas or shading devices to limit overlooking of lower apartments or private open space

- on constrained sites where it can be demonstrated that building layout opportunities are limited, fixed louvres or screen panels to windows and/or balconies.

Bedrooms, living spaces and other habitable rooms should be separated from gallery access and other open circulation space by the apartment’s service areas.

Balconies and private terraces should be located in front of living rooms to increase internal privacy.

Windows should be offset from the windows of adjacent buildings.

Recessed balconies and/or vertical fins should be used between adjacent balconies

Privacy between communal areas and private open space areas and windows within units acceptable.

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

Multiple entries (including communal building entries and individual ground floor entries) should be provided to activate the street edge.

Entry locations relate to the street and subdivision pattern and the existing pedestrian network.

Building entries should be clearly identifiable and communal entries should be clearly distinguishable from private entries.

Where street frontage is limited and multiple buildings are located on the site, a primary street address should be provided with clear sight lines and pathways to secondary building entries.

Multiple building entries are provided to ensure an activated street frontage is achieved. Each access is clearly defined and articulated to the street.

The primary pedestrian access is clearly identifiable with a double height breezeway entry to the lift and stairs.

Outdoor steps and ramps have been satisfactorily integrated into the overall building and landscape design.

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

Building access areas including lift lobbies, stairwells and hallways should be clearly visible from the public domain and communal spaces.

The design of ground floors and underground car parks minimise level changes along pathways and entries.

Steps and ramps should be integrated into the overall building and landscape design.

For large developments ‘way finding’ maps should be provided to assist visitors and residents (see figure 4T.3).

For large developments electronic access and audio/video intercom should be provided to manage access

The building access areas are clearly visible from the street and the ground floor is provided at grade and capable of compliance with the relevant accessibility standards.

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

Pedestrian links through sites facilitate direct connections to open space, main streets, centres and public transport.

Pedestrian links should be direct, have clear sight lines, be overlooked by habitable rooms or private open spaces of dwellings, be well lit and contain active uses, where appropriate

N/A - Site is not considered a large site requiring consideration to be given to a public pedestrian link between streets.

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

Car park access should be integrated with the building’s overall facade. Design solutions may include:

- the materials and colour palette to minimise visibility from the street

- security doors or gates at entries that minimise voids in the facade

- where doors are not provided, the visible interior reflects the facade design and the building services, pipes and ducts are concealed.

Car park entries should be located behind the building line.

Vehicle entries should be located at the lowest point of the site minimising ramp lengths, excavation and impacts on the building form and layout.

Car park entry and access should be located on secondary streets or lanes where available.

Vehicle standing areas that increase driveway width and encroach into setbacks should be avoided.

Access point locations should avoid headlight glare to habitable rooms.

Adequate separation distances should be provided between vehicle entries and street intersections.

The width and number of vehicle access points should be limited to the minimum.

Visual impact of long driveways should be minimised through changing alignments and screen planting.

The need for large vehicles to enter or turn around within the site should be avoided.

Garbage collection, loading and servicing areas are screened.

Clear sight lines should be provided at pedestrian and vehicle crossings.

Traffic calming devices such as changes in paving material or textures should be used where appropriate.

Pedestrian and vehicle access should be separated and distinguishable. Design solutions may include:

- changes in surface materials

- level changes

- the use of landscaping for separation

The basement driveway entry is located in the secondary frontage to Munster Street.

The carparking access is satisfactorily integrated into the overall façade design and materials palette for the building.

The vehicular entry is clearly separated from the main pedestrian entry with clear site lines provided.

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

Notes

Port Macquarie is a nominated regional centre.

In terms of using Guide to Traffic Generating Developments, Port Macquarie is a “sub-regional centre” as by definition it does not have access to rail.

Medium density is 2 - <20 dwellings.

High Density is 20 or more dwellings

Design Criteria

1.For development in the following locations:

a)  on sites that are within 800 metres of a railway station or light rail stop in the Sydney Metropolitan Area; or

b)  on land zoned, and sites within 400 metres of land zoned, B3 Commercial Core, B4 Mixed Use or equivalent in a nominated regional centre

the minimum car parking requirement for residents and visitors is set out in the Guide to Traffic Generating Developments, or the car parking requirement prescribed by the relevant council, whichever is less

The car parking needs for a development must be provided off street.

Where a car share scheme operates locally, provide car share parking spaces within the development. Car share spaces, when provided, should be on site.

Where less car parking is provided in a development, council should not provide on street resident parking permits

Guide to Traffic Generating Developments

Medium density residential flat buildings require:

- 1 space per unit +

- 1 space for every 5 x 2 bedroom unit +

- 1 space for every 2 x 3 bedroom unit +

- 1 space for 5 units (visitor parking).

High density residential flat buildings for metropolitan sub-regional centres require:

- 0.6 spaces per 1 bedroom unit

- 0.9 spaces per 2 bedroom unit

- 1.40 spaces per 3 bedroom unit +

- 1 space per 5 units (visitor parking)

The current approved development provides 59 parking spaces off street.

The total carparking requirements have been initially recalculated using Council’s Development Control Plan 2013 (DCP) as follows:

8 x 1 bedroom units = 8 spaces

22 x 2 bedroom units = 22 spaces

16 x 3 bedroom units = 24 spaces

Sub total = 54 spaces allocated

Visitor parking at 1/4 units = 46 units = 12 visitors

Parking required = 54 spaces assigned + 12 visitors. 

66 parking spaces in total required under DCP.

69 carparking spaces are proposed with the modified building design across 2 basement parking levels which is an increase in parking provision to that which is currently approved.

7 of the 69 parking spaces are visitor parking. The remaining 62 spaces are to be allocated for units. The visitor parking numbers are 5 below the total recommended by the DCP however the total parking provision is 3 spaces above the minimum recommended 66 spaces.

The applicant has however submitted a traffic and parking assessment prepared by Quantum Traffic during assessment which considers the parking requirements in accordance with the Transport for NSW (TfNSW) Guide to Transport Impact Assessment (assumed to be the new version 4 November 2024 as the applicant refers to Guide to Traffic Generating Developments and the Metropolitian Centre rates could not be used) as follows:

8 x 1 bedroom units (0.4 spaces per unit) = 3 spaces

22 x 2 bedroom units (0.7 spaces per unit) = 15 spaces

16 x 3 bedroom units (1.2 spaces per unit) = 19 spaces

Sub total = 37 spaces allocated to units

Visitor parking at 1 space per 7 units = 46 units = 7 visitors

Total parking required = 37+ 7 visitor spaces 44 spaces

The proposed 69 parking spaces in total numerically is considered satisfactory. The parking is satisfactory having regard to the Guide to Transport Impact Assessment.

The Consultant however has made a statement that ‘Under the NCC (BCA) the building would fall under ‘Class 2’ (Apartment Building).

There is no disabled parking requirement for Class 2 buildings under the NCC.’

Council Certifiers have indicated a different view to this position in that several basements can be separately classified and require nominated accessible parking. In this regard given the parking numbers exceeding the minimum standard it is considered that this matter can be resolved at Construction Certificate stage.

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

Conveniently located and sufficient numbers of parking spaces should be provided for motorbikes and scooters.

Secure undercover bicycle parking should be provided that is easily accessible from both the public domain and common areas.

Conveniently located charging stations are provided for electric vehicles, where desirable

Nominated bicycle and motor bike parking areas in basement level.

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

Supporting facilities within car parks, including garbage, plant and switch rooms, storage areas and car wash bays can be accessed without crossing car parking spaces.

Direct, clearly visible and well lit access should be provided into common circulation areas.

A clearly defined and visible lobby or waiting area should be provided to lifts and stairs.

For larger car parks, safe pedestrian access should be clearly defined and circulation areas have good lighting, colour, line marking and/or bollards

Safe and secure parking proposed.

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

Excavation should be minimised through efficient car park layouts and ramp design.

Car parking layout should be well organised, using a logical, efficient structural grid and double loaded aisles.

Protrusion of car parks should not exceed 1m above ground level. Design solutions may include stepping car park levels or using split levels on sloping sites.

Natural ventilation should be provided to basement and sub basement car parking areas.

Ventilation grills or screening devices for car parking openings should be integrated into the facade and landscape design

Two levels of basement – excavation minimised where possible.

The car parking areas are partly recessed and screened by the footpath levels and landscape treatments.

The car park layout is efficient and to AS2890.1 standards.

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

On-grade car parking should be avoided.

Where on-grade car parking is unavoidable, the following design solutions are used:

- parking is located on the side or rear of the lot away from the primary street frontage

- cars are screened from view of streets, buildings, communal and private open space areas

- safe and direct access to building entry points is provided

- parking is incorporated into the landscape design of the site, by extending planting and materials into the car park space

- stormwater run-off is managed appropriately from car parking surfaces • bio-swales, rain gardens or on site detention tanks are provided, where appropriate

- light coloured paving materials or permeable paving systems are used and shade trees are planted between every 4-5 parking spaces to reduce increased surface temperatures from large areas of paving

N/A – basement parking only

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

Exposed parking should not be located along primary street frontages

Screening, landscaping and other design elements including public art should be used to integrate the above ground car parking with the facade. Design solutions may include:

- car parking that is concealed behind the facade, with windows integrated into the overall facade design (approach should be limited to developments where a larger floor plate podium is suitable at lower levels)

- car parking that is ‘wrapped’ with other uses, such as retail, commercial or two storey Small Office/Home Office (SOHO) units along the street frontage (see figure 3J.9).

Positive street address and active frontages should be provided at ground level

No exposed parking along street frontages.

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

Design Criteria

1. Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9 am and 3 pm at mid winter in the Sydney Metropolitan Area and in the Newcastle and Wollongong local government areas.

2. In all other areas, living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 3 hours direct sunlight between 9 am and 3 pm at mid winter.

3. A maximum of 15% of apartments in a building receive no direct sunlight between 9 am and 3 pm at mid winter

The design maximises north aspect and the number of single aspect south facing apartments is minimised.

Single aspect, single storey apartments should have a northerly or easterly aspect.

Living areas are best located to the north and service areas to the south and west of apartments.

To optimise the direct sunlight to habitable rooms and balconies a number of the following design features are used:

- dual aspect apartments

- shallow apartment layouts

- two storey and mezzanine level apartments

- bay windows

To maximise the benefit to residents of direct sunlight within living rooms and private open spaces, a minimum of 1m² of direct sunlight, measured at 1m above floor level, is achieved for at least 15 minutes.

Achieving the design criteria may not be possible on some sites. This includes:

- where greater residential amenity can be achieved along a busy road or rail line by orientating the living rooms away from the noise source

- on south facing sloping sites

- where significant views are oriented away from the desired aspect for direct sunlight

Design drawings need to demonstrate how site constraints and orientation preclude meeting the design criteria and how the development meets the objective.

The applicant has reconfigured the design layout of all units previously approved with the subject modification.

Details have been submitted that the modified proposal has equivalent solar and daylight access to the existing approved development.

The applicant has advised that the design has sought to optimise the number of units received direct sunlight between 9am and 3pm mid winter and that there are no south facing dwellings. 57% of the 46 units receive 3 hours of sunlight at 9am to 3pm midwinter. The quantum of units receiving sunlight is similar to the solar access achieved for the current development at approximately 50% assumed (several technically not 3 hours as desired). As there are no south facing units, the site being a corner lot and all units achieving sunlight for period of time during the 9am to 3pm mid-winter period this is considered acceptable.

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

Courtyards, skylights and high level windows (with sills of 1,500mm or greater) are used only as a secondary light source in habitable rooms.

Where courtyards are used:

- use is restricted to kitchens, bathrooms and service areas

- building services are concealed with appropriate detailing and materials to visible walls

- courtyards are fully open to the sky

- access is provided to the light well from a communal area for cleaning and maintenance

- acoustic privacy, fire safety and minimum privacy separation distances (see section 3F Visual privacy) are achieved.

Opportunities for reflected light into apartments are optimised through:

- reflective exterior surfaces on buildings opposite south facing windows

- positioning windows to face other buildings or surfaces (on neighbouring sites or within the site) that will reflect light

- integrating light shelves into the design

- light coloured internal finishes

It is considered that adequate daylight access is available to each of the proposed units due to their orientation being satisfactorily maximised where possible.

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

A number of the following design features are used:

- balconies or sun shading that extend far enough to shade summer sun, but allow winter sun to penetrate living areas

- shading devices such as eaves, awnings, balconies, pergolas, external louvres and planting

- horizontal shading to north facing windows

- vertical shading to east and particularly west facing windows

- operable shading to allow adjustment and choice

- high performance glass that minimises external glare off windows, with consideration given to reduced tint glass or glass with a reflectance level below 20% (reflective films are avoided)

The modified proposal incorporates satisfactory passive sun control elements and operable screens where appropriate.

4B - 1 All habitable rooms are naturally ventilated

The building's orientation maximises capture and use of prevailing breezes for natural ventilation in habitable rooms.

Depths of habitable rooms support natural ventilation.

The area of unobstructed window openings should be equal to at least 5% of the floor area served.

Light wells are not the primary air source for habitable rooms.

Doors and openable windows maximise natural ventilation opportunities by using the following design solutions:

- adjustable windows with large effective openable areas

- a variety of window types that provide safety and flexibility such as awnings and louvres

- windows which the occupants can reconfigure to funnel breezes into the apartment such as vertical louvres, casement windows and externally opening doors

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

Apartment depths are limited to maximise ventilation and airflow (see also figure 4D.3)

Natural ventilation to single aspect apartments is achieved with the following design solutions:

- primary windows are augmented with plenums and light wells (generally not suitable for cross ventilation)

- stack effect ventilation / solar chimneys or similar to naturally ventilate internal building areas or rooms such as bathrooms and laundries

- courtyards or building indentations have a width to depth ratio of 2:1 or 3:1 to ensure effective air circulation and avoid trapped smells

The majority of units are dual aspect. Corner units have north / north west aspect.

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

Design Criteria

1. At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building. Apartments at ten storeys or greater are deemed to be cross ventilated only if any enclosure of the balconies at these levels allows adequate natural ventilation and cannot be fully enclosed.

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

The building should include dual aspect apartments, cross through apartments and corner apartments and limit apartment depths.

In cross-through apartments external window and door opening sizes/areas on one side of an apartment (inlet side) are approximately equal to the external window and door opening sizes/areas on the other side of the apartment (outlet side) (see figure 4B.4).

Apartments are designed to minimise the number of corners, doors and rooms that might obstruct airflow.

Apartment depths, combined with appropriate ceiling heights, maximise cross ventilation and airflow

74% of the modified units reconfigured are naturally cross-ventilated which exceeds the 60% recommended minimum.

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

Design Criteria

1. Measured from finished floor level to finished ceiling level, minimum ceiling heights are:

Minimum ceiling height for apartment and mixed use buildings

Habitable rooms =  2.7m

Non-habitable = 2.4m

For 2 storey apartments =  2.7m for main living area floor and 2.4m for second floor, where its area does not exceed 50% of the apartment area

Attic spaces = 1.8m at edge of room with a 30 degree minimum ceiling slope

If located in mixed use areas = 3.3m for ground and first floor to promote future flexibility of use

These minimums do not preclude higher ceilings if desired.

Ceiling height can accommodate use of ceiling fans for cooling and heat distribution.

The modified design provides for ceiling heights at 2.7m minimum for main living and 2.4m for non-habitable.

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

A number of the following design solutions can be used:

- the hierarchy of rooms in an apartment is defined using changes in ceiling heights and alternatives such as raked or curved ceilings, or double height spaces

- well proportioned rooms are provided, for example, smaller rooms feel larger and more spacious with higher ceilings

- ceiling heights are maximised in habitable rooms by ensuring that bulkheads do not intrude. The stacking of service rooms from floor to floor and coordination of bulkhead location above non-habitable areas, such as robes or storage, can assist

The modified design provides for satisfactory proportioned rooms.

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

Ceiling heights of lower level apartments in centres should be greater than the minimum required by the design criteria allowing flexibility and conversion to non-residential uses (see figure 4C.1)

Standard floor to ceiling heights provided.

4D - 1 The layout of rooms within an apartment is functional, well organised and provides a high standard of amenity

Design Criteria

1. Apartments are required to have the following minimum internal areas:

Studio = 35m²

1 bedroom = 50m²

2 bedroom = 70m²

3 bedroom = 90m²

The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5m² each.

A fourth bedroom and further additional bedrooms increase the minimum internal area by 12m² each.

2. Every habitable room must have a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms.

Kitchens should not be located as part of the main circulation space in larger apartments (such as hallway or entry space).

A window should be visible from any point in a habitable room.

Where minimum areas or room dimensions are not met apartments need to demonstrate that they are well designed and demonstrate the usability and functionality of the space with realistically scaled furniture layouts and circulation areas. These circumstances would be assessed on their merits

Modified unit sizes achieve all minimum standards.

Windows provided and satisfactory size with not less than 10% of the floor area.

4D - 2 Environmental performance of the apartment is maximised

Design Criteria

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

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

Greater than minimum ceiling heights can allow for proportional increases in room depth up to the permitted maximum depths.

All living areas and bedrooms should be located on the external face of the building.

Where possible:

- bathrooms and laundries should have an external openable window.

- main living spaces should be oriented toward the primary outlook and aspect and away from noise sources

Bedrooms are located on the external face of the building so as to satisfy the required environmental performance.

The applicant has advised that from a design perspective there is only 1 unit type in the proposal where the living, kitchen and dining area is 8.42m deep excluding the rear kitchen joinery. This is acceptable from an environmental performance perspective and it is noted that the majority of units are cross-ventilated and no units south-facing therefore the overall environmental performance of the building is maximised.

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

Design Criteria

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

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

3. Living rooms or combined living/dining rooms have a minimum width of:

• 3.6m for studio and 1 bedroom apartments

• 4m for 2 and 3 bedroom apartments

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

Access to bedrooms, bathrooms and laundries is separated from living areas minimising direct openings between living and service areas.

All bedrooms allow a minimum length of 1.5m for robes.

The main bedroom of an apartment or a studio apartment should be provided with a wardrobe of a minimum 1.8m long, 0.6m deep and 2.1m high.

Apartment layouts allow flexibility over time, design solutions may include:

- dimensions that facilitate a variety of furniture arrangements and removal

- spaces for a range of activities and privacy levels between different spaces within the apartment

- dual master apartments

- dual key apartments Note: dual key apartments which are separate but on the same title are regarded as two sole occupancy units for the purposes of the Building Code of Australia and for calculating the mix of apartments

- room sizes and proportions or open plans (rectangular spaces (2:3) are more easily furnished than square spaces (1:1))

- efficient planning of circulation by stairs, corridors and through rooms to maximise the amount of usable floor space in rooms

The modified unit layouts allow for flexibility of use for household needs and activities. Bedroom dimensions comply.

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

Design Criteria

1. All apartments are required to have primary balconies as follows:

a)  Studio apartments =  4m²

b)  1 bedroom apartments =  8m²  and 2m min depth.

c)  2 bedroom apartments =  10m² and 2m min depth.

d)  3+ bedroom apartments =  12m² and 2.4m min depth.

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

2. For apartments at ground level or on a podium or similar structure, a private open space is provided instead of a balcony. It must have a minimum area of 15m² and a minimum depth of 3m.

Increased communal open space should be provided where the number or size of balconies are reduced.

Storage areas on balconies is additional to the minimum balcony size.

Balcony use may be limited in some proposals by:

- consistently high wind speeds at 10 storeys and above

- close proximity to road, rail or other noise sources

- exposure to significant levels of aircraft noise

- heritage and adaptive reuse of existing buildings

In these situations, juliet balconies, operable walls, enclosed wintergardens or bay windows may be appropriate, and other amenity benefits for occupants should also be provided in the apartments or in the development or both. Natural ventilation also needs to be demonstrated

All modified balconies and private open space areas comply and mostly exceed the minimum recommended dimensions and areas.

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

Primary open space and balconies should be located adjacent to the living room, dining room or kitchen to extend the living space.

Private open spaces and balconies predominantly face north, east or west.

Primary open space and balconies should be orientated with the longer side facing outwards or be open to the sky to optimise daylight access into adjacent rooms.

The north and north-west facing balconies for each of the proposed modified units are located off a living area in a manner compliant with the design criteria.

The west facing balconies and private open space areas are configured and partly screened to shield from the late western sun and capture the north west sun earlier in the day.

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

Solid, partially solid or transparent fences and balustrades are selected to respond to the location. They are designed to allow views and passive surveillance of the street while maintaining visual privacy and allowing for a range of uses on the balcony. Solid and partially solid balustrades are preferred.

Full width full height glass balustrades alone are generally not desirable.

Projecting balconies should be integrated into the building design and the design of soffits considered.

Operable screens, shutters, hoods and pergolas are used to control sunlight and wind.

Balustrades are set back from the building or balcony edge where overlooking or safety is an issue.

Downpipes and balcony drainage are integrated with the overall facade and building design.

Air-conditioning units should be located on roofs, in basements, or fully integrated into the building design.

Where clothes drying, storage or air conditioning units are located on balconies, they should be screened and integrated in the building design.

Ceilings of apartments below terraces should be insulated to avoid heat loss.

Water and gas outlets should be provided for primary balconies and private open space

The modified balcony designs are considered to satisfactorily integrate into the architectural form of the building whilst providing views across the site, the streets and maintaining an acceptable internal level of visual privacy for occupants.

The modified operable louvres and solid balustrades are considered to contribute to the provision of privacy whilst also ensuring a positive contribution to architectural form.

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

Changes in ground levels or landscaping are minimised.

Design and detailing of balconies avoids opportunities for climbing and falls.

The private open space and balcony design provides a satisfactory level of safety.

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

Design Criteria

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

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

Greater than minimum requirements for corridor widths and/ or ceiling heights allow comfortable movement and access particularly in entry lobbies, outside lifts and at apartment entry doors.

Daylight and natural ventilation should be provided to all common circulation spaces that are above ground.

Windows should be provided in common circulation spaces and should be adjacent to the stair or lift core or at the ends of corridors.

Longer corridors greater than 12m in length from the lift core should be articulated. Design solutions may include:

- a series of foyer areas with windows and spaces for seating

- wider areas at apartment entry doors and varied ceiling heights

Design common circulation spaces to maximise opportunities for dual aspect apartments, including multiple core apartment buildings and cross over apartments.

Achieving the design criteria for the number of apartments off a circulation core may not be possible. Where a development is unable to achieve the design criteria, a high level of amenity for common lobbies, corridors and apartments should be demonstrated, including:

- sunlight and natural cross ventilation in apartments

- access to ample daylight and natural ventilation in common circulation spaces

- common areas for seating and gathering

- generous corridors with greater than minimum ceiling heights

- other innovative design solutions that provide high levels of amenity

Where design criteria 1 is not achieved, no more than 12 apartments should be provided off a circulation core on a single level.

Primary living room or bedroom windows should not open directly onto common circulation spaces, whether open or enclosed. Visual and acoustic privacy from common circulation spaces to any other rooms should be carefully controlled

The modified building design changes the number of units on a single level having access to a lift to be a maximum of 4 which is compliant with the recommended maximum of 8 units.

Open access balconies are proposed to several of the modified units.

4F - 2 Common circulation spaces promote safety and provide for social interaction between residents

Direct and legible access should be provided between vertical circulation points and apartment entries by minimising corridor or gallery length to give short, straight, clear sight lines.

Tight corners and spaces are avoided.

Circulation spaces should be well lit at night.

Legible signage should be provided for apartment numbers, common areas and general wayfinding.

Incidental spaces, for example space for seating in a corridor, at a stair landing, or near a window are provided.

In larger developments, community rooms for activities such as owners corporation meetings or resident use should be provided and are ideally co-located with communal open space.

Where external galleries are provided, they are more open than closed above the balustrade along their length.

Direct and legible access is provided between vertical circulation points and entries for all modified units.

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

Design Criteria

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

a)     Studio apartments =  4m³.

b)     1 bedroom apartments =  6m³.

c)     2 bedroom apartments 8m³.

d)     3+ bedroom apartments = 10m³.

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

Storage is accessible from either circulation or living areas.

Storage provided on balconies (in addition to the minimum balcony size) is integrated into the balcony design, weather proof and screened from view from the street.

Left over space such as under stairs is used for storage

The amount and size of available storage exceeds the minimum requirements for the modified building.

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

Storage not located in apartments is secure and clearly allocated to specific apartments.

Storage is provided for larger and less frequently accessed items.

Storage space in internal or basement car parks is provided at the rear or side of car spaces or in cages so that allocated car parking remains accessible.

If communal storage rooms are provided they should be accessible from common circulation areas of the building.

Storage not located in an apartment is integrated into the overall building design and is not visible from the public domain.

The amount and size of available storage exceeds the minimum requirements for the modified building.

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

Adequate building separation is provided within the development and from neighbouring buildings/adjacent uses (see also section 2F Building separation and section 3F Visual privacy).

Window and door openings are generally orientated away from noise sources.

Noisy areas within buildings including building entries and corridors should be located next to or above each other and quieter areas next to or above quieter areas.

Storage, circulation areas and non-habitable rooms should be located to buffer noise from external sources.

The number of party walls (walls shared with other apartments) are limited and are appropriately insulated.

Noise sources such as garage doors, driveways, service areas, plant rooms, building services, mechanical equipment, active communal open spaces and circulation areas should be located at least 3m away from bedrooms.

Adequate building separation is provided within the modified development and from neighbouring buildings.

The internal layout of the modified units has been designed so as to maximise acoustic privacy between apartments.

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

Internal apartment layout separates noisy spaces from quiet spaces, using a number of the following design solutions:

- rooms with similar noise requirements are grouped together

- doors separate different use zones

- wardrobes in bedrooms are co-located to act as sound buffers

Where physical separation cannot be achieved noise conflicts are resolved using the following design solutions:

- double or acoustic glazing

- acoustic seals • use of materials with low noise penetration properties

- continuous walls to ground level courtyards where they do not conflict with streetscape or other amenity requirements

Internal layouts of the modified units provide satisfactory separation of noisy spaces from quiet spaces.

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

To minimise impacts the following design solutions may be used:

- physical separation between buildings and the noise or pollution source

- residential uses are located perpendicular to the noise source and where possible buffered by other uses

- non-residential buildings are sited to be parallel with the noise source to provide a continuous building that shields residential uses and communal open spaces

- non-residential uses are located at lower levels vertically separating the residential component from the noise or pollution source. Setbacks to the underside of residential floor levels should increase relative to traffic volumes and other noise sources

- buildings should respond to both solar access and noise. Where solar access is away from the noise source, nonhabitable rooms can provide a buffer

- where solar access is in the same direction as the noise source, dual aspect apartments with shallow building depths are preferable (see figure 4J.4)

- landscape design reduces the perception of noise and acts as a filter for air pollution generated by traffic and industry.

Achieving the design criteria in this Apartment Design Guide may not be possible in some situations due to noise and pollution. Where developments are unable to achieve the design criteria, alternatives may be considered in the following areas:

- solar and daylight access

- private open space and balconies

- natural cross ventilation

The subject site is not considered to be located within a noisy or hostile environment.

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

Design solutions to mitigate noise include:

- limiting the number and size of openings facing noise sources

- providing seals to prevent noise transfer through gaps

- using double or acoustic glazing, acoustic louvres or enclosed balconies (wintergardens)

- using materials with mass and/or sound insulation or absorption properties e.g. solid balcony balustrades, external screens and soffits

The building is not considered to front a significant noise source that would necessitate the installation of noise mitigation solutions.

4K - 1 A range of apartment types and sizes is provided to cater for different household types now and into the future

A variety of apartment types is provided The apartment mix is appropriate, taking into consideration:

- the distance to public transport, employment and education centres

- the current market demands and projected future demographic trends

- the demand for social and affordable housing

- different cultural and socioeconomic groups

Flexible apartment configurations are provided to support diverse household types and stages of life including single person households, families, multi-generational families and group households.

The current approved proposal is for 2 bedroom units only.

The modified proposal changes to the unit mix significantly to introduce a mix of 1, 2 and 3 bedroom units which is satisfactory.

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

Different apartment types are located to achieve successful facade composition and to optimise solar access (see figure 4K.3).

Larger apartment types are located on the ground or roof level where there is potential for more open space and on corners where more building frontage is available.

Refer to above. The mix of unit types is spread through the modified building.

4L - 1 Street frontage activity is maximised where ground floor apartments are located

Direct street access should be provided to ground floor apartments.

Activity is achieved through front gardens, terraces and the facade of the building. Design solutions may include:

- both street, foyer and other common internal circulation entrances to ground floor apartments

- private open space is next to the street

- doors and windows face the street

Retail or home office spaces should be located along street frontages.

Ground floor apartment layouts support small office home office (SOHO) use to provide future opportunities for conversion into commercial or retail areas. In these cases provide higher floor to ceiling heights and ground floor amenities for easy conversion.

Direct street access is provided to the modified building in a practical manner given the level differences proposed relating to the streets.

4L - 2 Design of ground floor apartments delivers amenity and safety for residents

Privacy and safety should be provided without obstructing casual surveillance. Design solutions may include:

- elevation of private gardens and terraces above the street level by 1-1.5m (see figure 4L.4)

- landscaping and private courtyards

- window sill heights that minimise sight lines into apartments

- integrating balustrades, safety bars or screens with the exterior design

Solar access should be maximised through:

- high ceilings and tall windows

- trees and shrubs that allow solar access in winter and shade in summer

The design of ground floor apartments will provide satisfactory amenity and safety for residents.

4M - 1 Building facades provide visual interest along the street while respecting the character of the local area

Design solutions for front building facades may include:

- a composition of varied building elements

- a defined base, middle and top of buildings

- revealing and concealing certain elements

- changes in texture, material, detail and colour to modify the prominence of elements

Building services should be integrated within the overall façade.

Building facades should be well resolved with an appropriate scale and proportion to the streetscape and human scale. Design solutions may include:

- well composed horizontal and vertical elements

- variation in floor heights to enhance the human scale

- elements that are proportional and arranged in patterns

- public artwork or treatments to exterior blank walls

- grouping of floors or elements such as balconies and windows on taller buildings

Building facades relate to key datum lines of adjacent buildings through upper level setbacks, parapets, cornices, awnings or colonnade heights.

Shadow is created on the facade throughout the day with building articulation, balconies and deeper window reveals.

The applicant has provided details that the modified proposal provides  a variety of façade articulation with precast concrete, light weight infill cladding and battened screening to balconies.

The proposed design provides a composition of varied building elements which will result in a building with variations in texture, material and detail. The proposal is considered compliant with the design criteria.

4M - 2 Building functions are expressed by the facade

Building entries should be clearly defined.

Important corners are given visual prominence through a change in articulation, materials or colour, roof expression or changes in height.

The apartment layout should be expressed externally through facade features such as party walls and floor slabs

The modified building entries are clearly defined from the street frontage via the provision of the access paths and variation of materials surrounding the entries. The modified proposal is considered compliant with the design criteria.

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

Roof design relates to the street. Design solutions may include:

- special roof features and strong corners

- use of skillion or very low pitch hipped roofs

- breaking down the massing of the roof by using smaller elements to avoid bulk

- using materials or a pitched form complementary to adjacent buildings

Roof treatments should be integrated with the building design. Design solutions may include:

- roof design proportionate to the overall building size, scale and form

- roof materials compliment the building

- service elements are integrated

The modified roof design is acceptable and is integrated into the building design.

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

Habitable roof space should be provided with good levels of amenity. Design solutions may include:

- penthouse apartments

- dormer or clerestory windows

- openable skylights

Open space is provided on roof tops subject to acceptable visual and acoustic privacy, comfort levels, safety and security considerations.

A suitable modified roof top communal terrace area is proposed.

4N - 3 Roof design incorporates sustainability features

Roof design maximises solar access to apartments during winter and provides shade during summer. Design solutions may include:

- the roof lifts to the north

- eaves and overhangs shade walls and windows from summer sun.

Skylights and ventilation systems should be integrated into the roof design

The modified roof design is acceptable and is integrated into the building design.

Limited skylights are provided to the top-most units for the front balconies.

4O - 1 Landscape design is viable and sustainable

Landscape design should be environmentally sustainable and can enhance environmental performance by incorporating:

- diverse and appropriate planting

- bio-filtration gardens

- appropriately planted shading trees

- areas for residents to plant vegetables and herbs

- composting

- green roofs or walls

Ongoing maintenance plans should be prepared.

Microclimate is enhanced by:

- appropriately scaled trees near the eastern and western elevations for shade

- a balance of evergreen and deciduous trees to provide shading in summer and sunlight access in winter

- shade structures such as pergolas for balconies and courtyards

Tree and shrub selection considers size at maturity and the potential for roots to compete (see Table 4)

Table 4 requires

- For site area up to 850m² = 1 medium tree per 50m² of deep soil zone

- Between 850 - 1,500m² = 1 large tree or 2 medium trees per 90m² of deep soil zone

- Greater than 1,500m² =  1 large tree or 2 medium trees per 80m² of deep soil zone

The landscape design for the modified development has been reconsidered in detail.

Landscape design is satisfactory. There is capability for it to be environmentally sustainable and can enhance environmental performance of building. Select trees and shrubs are proposed.

4O - 2 Landscape design contributes to the streetscape and amenity

Landscape design responds to the existing site conditions including:

- changes of levels

- views

- significant landscape features including trees and rock outcrops

Significant landscape features should be protected by:

- tree protection zones (see figure 4O.5)

- appropriate signage and fencing during construction

Plants selected should be endemic to the region and reflect the local ecology

Landscape design satisfactory responds to the existing site conditions including changes of levels.

4P - 1 Appropriate soil profiles are provided

Structures are reinforced for additional saturated soil weight

Soil volume is appropriate for plant growth, considerations include:

- modifying depths and widths according to the planting mix and irrigation frequency

- free draining and long soil life span

- tree anchorage

Minimum soil standards for plant sizes should be provided in accordance with Table 5.

Table 5 requires

- Large trees 12-18m high, up to 16m crown spread at maturity = need 150m³ of soil at a depth of 1,200mm and area of 10m x 10m or equivalent.

- Medium trees 8-12m high, up to 8m crown spread at maturity = need 35m³ of soil at a depth of 1,000mm and area of 6m x 6m or equivalent.

- Small trees 6-8m high, up to 4m crown spread at maturity = need 9m³  of soil at a depth of 800mm and area of 3.5m x 3.5m or equivalent.

- Shrubs need soil depth of 500-600mm

- Ground cover needs soil depth of 300-450mm

- Turf needs soil depth of 200mm

N/A

4P - 2 Plant growth is optimised with appropriate selection and maintenance

Plants are suited to site conditions, considerations include:

- drought and wind tolerance

- seasonal changes in solar access

- modified substrate depths for a diverse range of plants

- plant longevity

A landscape maintenance plan is prepared.

Irrigation and drainage systems respond to:

- changing site conditions

- soil profile and the planting regime

- whether rainwater, stormwater or recycled grey water is used

Plant species are capable of being chosen for their suitability for the local environment and tolerance to the existing and proposed site conditions.

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

Building design incorporates opportunities for planting on structures. Design solutions may include:

- green walls with specialised lighting for indoor green walls

- wall design that incorporates planting

- green roofs, particularly where roofs are visible from the public domain

- planter boxes

Note: structures designed to accommodate green walls should be integrated into the building facade and consider the ability of the facade to change over time

The plant species are capable of being chosen for their suitability for the local environment and tolerance to the existing and proposed site conditions.

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

Developments achieve a benchmark of 20% of the total apartments incorporating the Liveable Housing Guideline's silver level universal design features

21% of the units have been designed to achieve the Silver Level design features which is satisfactory.

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

Adaptable housing should be provided in accordance with the relevant council policy Design solutions for adaptable apartments include:

- convenient access to communal and public areas

- high level of solar access

- minimal structural change and residential amenity loss when adapted

- larger car parking spaces for accessibility

- parking titled separately from apartments or shared car parking arrangements

The proposed modified units provide a layout and design that caters for adaptable apartments which include a satisfactory level of solar access.

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

Apartment design incorporates flexible design solutions which may include:

- rooms with multiple functions

- dual master bedroom apartments with separate bathrooms

- larger apartments with various living space options

- open plan ‘loft’ style apartments with only a fixed kitchen, laundry and bathroom

The proposed modified units contain open plan living, kitchen and dining areas which are suitable for a variety of adaptable uses.

4R - 1 New additions to existing buildings are contemporary and complementary and enhance an area's identity and sense of place

Design solutions may include:

- new elements to align with the existing building

- additions that complement the existing character, siting, scale, proportion, pattern, form and detailing

- use of contemporary and complementary materials, finishes, textures and colours

Additions to heritage items should be clearly identifiable from the original building.

New additions allow for the interpretation and future evolution of the building.

N/A

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

Design features should be incorporated sensitively into adapted buildings to make up for any physical limitations, to ensure residential amenity is achieved. Design solutions may include:

- generously sized voids in deeper buildings

- alternative apartment types when orientation is poor

- using additions to expand the existing building envelope

Some proposals that adapt existing buildings may not be able to achieve all of the design criteria in this Apartment Design Guide. Where developments are unable to achieve the design criteria, alternatives could be considered in the following areas:

- where there are existing higher ceilings, depths of habitable rooms could increase subject to demonstrating access to natural ventilation, cross ventilation (when applicable) and solar and daylight access (see also sections 4A Solar and daylight access and 4B Natural ventilation)

- alternatives to providing deep soil where less than the minimum requirement is currently available on the site

- building and visual separation – subject to demonstrating alternative design approaches to achieving privacy

- common circulation

- car parking

- alternative approaches to private open space and balconies

N/A

4S - 1 Mixed use developments are provided in appropriate locations and provide active street frontages that encourage pedestrian movement

Mixed use development should be concentrated around public transport and centres.

Mixed use developments positively contribute to the public domain. Design solutions may include:

- development addresses the street

- active frontages are provided

- diverse activities and uses

- avoiding blank walls at the ground level

- live/work apartments on the ground floor level, rather than commercial

N/A

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

Residential circulation areas should be clearly defined. Design solutions may include:

- residential entries are separated from commercial entries and directly accessible from the street

- commercial service areas are separated from residential components

- residential car parking and communal facilities are separated or secured

- security at entries and safe pedestrian routes are provided

- concealment opportunities are avoided

Landscaped communal open space should be provided at podium or roof levels.

N/A – no commercial

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

Awnings should be located along streets with high pedestrian activity and active frontages.

 A number of the following design solutions are used:

- continuous awnings are maintained and provided in areas with an existing pattern

- height, depth, material and form complements the existing street character

- protection from the sun and rain is provided

- awnings are wrapped around the secondary frontages of corner sites

- awnings are retractable in areas without an established pattern

Awnings should be located over building entries for building address and public domain amenity.

Awnings relate to residential windows, balconies, street tree planting, power poles and street infrastructure.

Gutters and down pipes should be integrated and concealed.

Lighting under awnings should be provided for pedestrian safety.

Council’s Development Control Plan identifies desired future character elements along the frontage of 4 Clarence Street as mixed use and continuous awning requirement.

In considering the requirement for continuous awning as expressed in the DCP

Figure 43-3, it is noted that the adjacent Focus building does not have this element and the articulation/façade elements at the pedestrian frontage are 2 to 3 storeys in scale. It was previously assessed with the original proposal that an awning would likely result in an isolated section of awning clashing with the scale and articulation of the Focus building.

4T - 2 Signage responds to the context and desired streetscape character

Signage should be integrated into the building design and respond to the scale, proportion and detailing of the development.

Legible and discrete way finding should be provided for larger developments.

Signage is limited to being on and below awnings and a single facade sign on the primary street frontage.

Signage will be limited to a street address and discrete building identification integrated into the concrete blade walls. A consent condition is in place to require approval for any signage other than signage that is exempt development.

4U - 1 Development incorporates passive environmental design

Adequate natural light is provided to habitable rooms (see 4A Solar and daylight access).

Well located, screened outdoor areas should be provided for clothes drying

All modified units have north or north west facing living room windows, natural light, as opportunity to dry on a clothes airer inside north facing windows/sliding glass doors.

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

A number of the following design solutions are used:

- the use of smart glass or other technologies on north and west elevations

- thermal mass in the floors and walls of north facing rooms is maximised

- polished concrete floors, tiles or timber rather than carpet

- insulated roofs, walls and floors and seals on window and door openings

- overhangs and shading devices such as awnings, blinds and screens

Provision of consolidated heating and cooling infrastructure should be located in a centralised location (e.g. the basement)

The modified proposal provides a satisfactory level of passive solar design. The modified proposal has also been subject to a revised assessment against the requirements of BASIX and an updated BASIX submitted.

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

A number of the following design solutions are used:

- rooms with similar usage are grouped together

- natural cross ventilation for apartments is optimised

- natural ventilation is provided to all habitable rooms and as many non-habitable rooms, common areas and circulation spaces as possible

Adequate natural ventilation is provided in the design of the modified units and minimises the need for reliance on mechanical ventilation.

4V - 1 Potable water use is minimised

Water efficient fittings, appliances and wastewater reuse should be incorporated.

Apartments should be individually metered.

Rainwater should be collected, stored and reused on site.

Drought tolerant, low water use plants should be used within landscaped areas

Water efficient fittings, appliances and wastewater reuse should be incorporated in accordance with requirements of BASIX.

4V - 3 Flood management systems are integrated into site design

Detention tanks should be located under paved areas, driveways or in basement car parks.

On large sites parks or open spaces are designed to provide temporary on site detention basins.

In accordance with Council’s AUSPEC requirements, the following must be incorporated into the stormwater drainage plan:

·   On site stormwater detention facilities.

·   Water quality controls

Existing consent conditions address these requirements.

4W - 1 Waste storage facilities are designed to minimise impacts on the streetscape, building entry and amenity of residents

Adequately sized storage areas for rubbish bins should be located discreetly away from the front of the development or in the basement car park.

Waste and recycling storage areas should be well ventilated.

Circulation design allows bins to be easily manoeuvred between storage and collection points.

Temporary storage should be provided for large bulk items such as mattresses.

A waste management plan should be prepared

Storage area for rubbish bins in basement car park.

Private waste collection service will likely be required.

Substantial area allocated in plantroom/bin store and each unit has additional storage in basement car park.

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

All dwellings should have a waste and recycling cupboard or temporary storage area of sufficient size to hold two days worth of waste and recycling.

Communal waste and recycling rooms are in convenient and accessible locations related to each vertical core.

For mixed use developments, residential waste and recycling storage areas and access should be separate and secure from other uses.

Alternative waste disposal methods such as composting should be provided

Waste recycling area bin store located in a convenient and accessible location to the vertical core adjacent the lift areas in basement car park.

4X - 1 Building design detail provides protection from weathering

A number of the following design solutions are used:

- roof overhangs to protect walls

- hoods over windows and doors to protect openings

- detailing horizontal edges with drip lines to avoid staining of surfaces

- methods to eliminate or reduce planter box leaching

- appropriate design and material selection for hostile locations

Building design ensures all units have balcony access for reasonable maintenance of windows.

Appropriate material selection for the coastal environment to be finalised at detailed design phase.

4X - 2 Systems and access enable ease of maintenance

Window design enables cleaning from the inside of the building.

Building maintenance systems should be incorporated and integrated into the design of the building form, roof and façade.

Design solutions do not require external scaffolding for maintenance access.

Manually operated systems such as blinds, sunshades and curtains are used in preference to mechanical systems.

Centralised maintenance, services and storage should be provided for communal open space areas within the building.

Maintenance capable of being satisfactorily completed.

4X - 3 Material selection reduces ongoing maintenance costs

A number of the following design solutions are used:

- sensors to control artificial lighting in common circulation and spaces

- natural materials that weather well and improve with time such as face brickwork

- easily cleaned surfaces that are graffiti resistant

- robust and durable materials and finishes are used in locations which receive heavy wear and tear, such as common circulation areas and lift interiors

Details to be confirmed at Construction Certificate stage.

Applicant advised that the building design employs robust materials which avoid applied finishes where possible. Each floor of the building can be accessed by maintenance staff is required.

DCP 2013: Residential Flat Development, Tourist and Visitor Accommodation and Mixed Use Development

DCP Objective

Development Provisions

Proposed

Complies

3.3.2.2

Satisfactory site analysis plan submitted.

Satisfactory site analysis plan submitted.

Yes

3.3.2.3

Statement addressing site attributes and constraints submitted.

Satisfactory statement and details addressing site attributes and constraints submitted.

Yes

3.3.2.4

Streetscape and front setback:

· Within 20% of the average setback of the adjoining buildings.

· 3m setback to all frontages if no adjoining development.

· 2m setback to secondary frontages.

· Max. 9m setback for tourist development to allow for swimming pool.

No change.

Yes

3.3.2.5

Balconies and building extrusions can encroach up to 600mm into setback.

N/A

N/A

Buildings generally aligned to street boundary.

No change.

Buildings generally aligned to street boundary.

Yes

Primary openings aligned to street boundary or rear of site.

No change.

Primary openings aligned to street boundary or rear of site.

Yes

3.3.2.6

Side setbacks comply with Figure 3.3-1:

· Min. Side setback 1.5m for 75% of building depth.

· Windows on side walls min. 3m from side boundary.

· 3m minimum where adjacent to existing strata titled building.

No change to east side setback minimal setback.

Rear southern section of building minor changes to setback to east however >3m.

South side setback minimum 6.198m

Yes

Side walls adjacent to existing strata-titled buildings should be articulated and modulated to respond to the existing buildings.

Minimal change.

N/A

Min. 6m rear setback (including sub basements)

Corner lot – SEPP 65 requirements for southern side boundary setback

N/A

3.3.2.7

A party wall development may be required if site amalgamation is not possible and higher density development is envisaged by these controls.

Equivalent eastern party wall length. No change.

N/A

3.3.2.8

Party wall development can occur only with the agreement and consent of the adjoining property owner. Exposed party walls should be finished in a quality comparable to front facade finishes.

Equivalent eastern party wall length. No change.

N/A

3.3.2.9

Corner sites consolidated with adjacent land where possible.

Deep soil zoned meets SEPP House ADG requirements

N/A

Where consolidation not possible a minimum setback of 6m should extend to secondary street (see Fig 3.3-2 and 3.3-3).

Deep soil zoned meets SEPP House ADG requirements. 6.198m south side setback.

Yes

3.3.2.10

Where sites adjacent to open space are to be developed the edge of the open space should be defined with a public road and buildings address the open space.

N/A

3.3.2.11

Deep soil zones:

· Extend the width of the site and have minimum depth of 6m.

· Are contiguous across sites and within sites (see Fig 3.3-4).

Deep soil zoned meets SEPP House ADG requirements.

N/A

3.3.2.12

Deep soil zones accommodate existing advanced trees, and allow for advanced tree planting.

Deep soil zones capable of accommodating existing advanced trees, and allow for advanced tree planting.

Yes

3.3.2.13

Deep soil zones integrated with stormwater management measures.

Deep soil zones can be integrated with stormwater management measures.

Yes

3.3.2.14

Sunlight to the principal area of ground-level private open space of adjacent properties should not be reduced to less than 3 hours between 9.00am and 3.00pm on June 22.

SEPP House ADG permits alternate calculation for retained sunlight to southern neighbours at Huxley Court in particular – refer discussion earlier in this report.

N/A

Where existing overshadowing by buildings and fences is greater than this, sunlight should not be reduced by more

than 20%.

Buildings should not reduce the sunlight available to the windows of living areas that face north in existing adjacent dwellings to less than the above specification.

3.3.2.15

Internal clothes drying space provided (not mechanical).

No change.

Yes

Ceiling fans provided in preference to air conditioning.

No detail of ceiling fans however capable of providing

Yes - capable

Solar hot water systems (or equivalent technology) provided.

None proposed – swimming pool heating though

N/A

Photovoltaic arrays installed where practical.

Solar PV proposed

Yes

3.3.2.16

Landscape plan provided including:

·    35% soft landscaping with minimum width of 3m.

·    Existing vegetation and proposed treatment.

·    Details of hard landscaping.

·    Location of communal recreational facilities.

·    Species not to obscure doors, paths, etc.

·    Street trees in accordance with Council’s list.

Landscape plan acceptable

Yes

3.3.2.17

Existing vegetation to be retained and nutrient-rich water prevented from entering native gardens.

Landscape plan acceptable

Yes

3.3.2.18

Landscape plan to demonstrate how trees and vegetation contribute to energy efficiency and prevent winter shading on neighbouring properties.

Landscape plan acceptable

Yes

3.3.2.19

Street trees in accordance with Council’s list.

Landscape plan acceptable

Yes

3.3.2.20

All dwellings at ground floor level have minimum 35m² of private open space, including one area 4m x 4m at maximum grade of 5% and directly accessible from living area.

Acceptable under Housing SEPP ADG

N/A

3.3.2.21

Where open space is of irregular shape, areas having a width less than 2m are excluded from calculated area.

Dwellings above ground level have balconies with greater than minimum area 8m² and minimum dimension 2m.

Yes

Dwellings not at ground level have balconies with minimum area 8m² and minimum dimension 2m.

3.3.2.22

Fencing or landscaping defines public/communal and private open space.

Landscaping defines public/communal and private open space.

Yes

3.3.2.23

Solid fences should be:

·    Max. 1.2m high,

·    Setback 1m,

·    Suitably landscaped,

·    Provide 3m x 3m splay.

N/A

N/A

Where front fences higher than 1.2m:

·    Max. 1.8m high,

·    Landscaped recesses for 50% of frontage, or length of fence not more than 6m or 50% of street frontage.

·    Min. 25% transparent,

·    3m x 3m splay for corner sites.

·    900mm x 900mm splay at vehicle driveways.

N/A

N/A

3.3.2.24

Fencing materials consistent with or complimentary to existing fencing in the street.

N/A

N/A

3.3.2.25

Fences constructed of chain wire, solid timber or masonry and solid street not permitted, even if consistent with existing fencing in the locality.

N/A

N/A

3.3.2.26

Building to be designed so

that:

· Busy, noisy areas face the street.

· Quiet areas face the side or rear of the lot.

· Bedrooms have line of site separation of at least 3m from parking areas, streets and shared driveways.

Building layout design satisfactory

Yes

Openings of adjacent dwellings separated by at least 6m.

Housing SEPP privacy provisions prevail.

N/A

3.3.2.27

Building designed so noise transmission between apartments is minimised.

Building designed so noise transmission between apartments is minimised.

Yes

Uses are to be coupled internally and between apartments i.e. noisy internal and noisy external spaces should be placed together. (See Figure 3.3-6).

Uses are to be coupled internally and between apartments

Yes

3.3.2.28

Development complies with AS/NZS2107:2000 Acoustic – Recommended design sound levels and reverberation times for building interiors for residential development.

Development capable of complying with AS/NZS2107:2000

Yes - capable

3.3.2.29

Impact of noise from key public places to be considered.

Impact of noise from key public places to be considered – elevated apartments from street level primarily

Yes

3.3.2.30

Direct views between living room windows to be screened where:

· Ground floor windows are within 9m of windows in an adjoining dwelling.

· Other floors are within a 12m radius.

· Living room windows are within 12m radius of the principal area of private open space of other dwellings.

No direct views between living room windows that need to be screened

N/A

Direct views may be screened with either a 1.8m high fence or wall, or screening that has maximum 25% openings.

N/A

N/A

Windows in habitable rooms screened if >1m above ground level and wall set back <3m.

N/A

N/A

Balconies, decks, etc screened if <3m from boundary and floor area >3m² and floor level >1m above ground level.

N/A

N/A

3.3.2.31

Developments to be designed in accordance with AS 1428.

Developments capable of compliance with AS 1428.

Yes

3.3.2.32

Barrier free access to at least 20% of dwellings provided.

Barrier free access to > 20% of apartments provided.

Yes

3.3.2.33

Developments located close to open space, recreation, entertainment and employment.

Development location suitable for high density

Yes

Where LEP permits FSR > 1:1, FSR not less than 1:1 should be achieved.

>1:1 FSR

Yes

3.3.2.34

Variety of types - studio, 1, 2, 3 and 3+ bedroom apartments

Variety of unit types introduced compared to current approved development.

Yes

Studio and 1 bedroom apartments not > 20% of total number of apartments.

Yes

Mix of 1 and 3 bedroom apartments at ground level.

Yes

3.3.2.35

Council’s Affordable Housing Strategy to be considered for residential flat buildings.

Proposal will provide for mix of units in a suitable location

Yes

3.3.2.36

Lift over-runs and plant integrated within roof structures.

Lift over-runs and plant integrated within roof structures.

Yes

Outdoor recreation areas on roof tops to be landscaped and incorporate shade structures and wind screens.

Outdoor recreation areas on roof tops to be landscaped and incorporate shade structures and wind screens.

Yes

Outdoor roof areas oriented to the street.

Outdoor roof areas oriented to the street.

Yes

Roof design to generate interesting skyline.

Roof design to generate interesting skyline.

Yes

3.3.2.37

Facade composition should:

·    Have balance of horizontal and vertical elements.

·    Respond to environmental and energy needs.

·    Incorporate wind mitigation.

·    Reflect uses within the buildings.

·    Include combination of building elements.

Façade composition acceptable and meets SEPP Housing ADG requirements

Yes

3.3.2.38

Building elements, materials and colours consistent or complimentary to those existing in the street.

Building elements, materials and colours sufficiently consistent or complimentary to those existing in the street.

Yes

3.3.2.39

Entrances clearly identifiable from street level.

Entrances clearly identifiable from street level.

Yes

Entries provide clear transition between public street and shared private circulation spaces/apartments.

Entries provide clear transition between public street and shared private circulation spaces/apartments.

Yes

Entries provide clear line of sight between one circulation space and the next.

Entries provide clear line of sight between one circulation space and the next.

Yes

Entries avoid ambiguous and publicly accessible small spaces in entry areas.

Entries avoid ambiguous and publicly accessible small spaces in entry areas.

Yes

Entries sheltered and well lit.

Entries sheltered and well lit.

Yes

Entries and circulation spaces sized for movement of furniture.

Entries and circulation spaces sized for movement of furniture.

Yes

Corridors minimum 2.5m wide and 3.0m high.

Primarily external passageways accessibly from lift connections to individual apartments

Yes

Corridor lengths minimised and avoid tight corners.

No long corridors

Yes

Longer corridors articulated by:

· Changing direction and width.

· Utilising series of foyers.

· Incorporating windows.

No long corridors

Yes

3.3.2.40

Minimum 1 balcony per apartment.

Each apartment has a balcony.

Yes

Main balcony accessible from living area.

Main balcony accessible from living area.

Yes

Balconies take advantage of favourable climatic conditions.

Balconies take advantage of favourable climatic conditions.

Yes

Balconies and balustrades balance privacy and views.

Balconies and balustrades balance privacy and views.

Yes

3.3.2.41

Balconies include sunscreens, pergolas, shutters and operable walls.

Balconies include sunscreens, pergolas, shutters and operable walls.

Yes

Balconies recessed to create shadowing to facade.

Solid balustrades discouraged.

Mixture of balustrade designs.

Note Housing SEPP encourages solid balustrades.

Yes

Air conditioning units not visible from the street.

Air conditioning units not proposed in application.

N/A

3.3.2.42

Secure open air clothes drying facilities that are:

· easily accessible,

· screened from public domain and communal spaces,

· located with high degree of solar access.

None provided.

Yes

3.3.2.43

Mailboxes integrated into building design and sighted to ensure accessibility and security.

Mailboxes capable of being integrated into building design and sighted to ensure accessibility and security.

Yes - capable

3.3.2.44

Public and private space clearly defined.

Public and private space clearly defined.

Yes

Entrances:

· oriented to public street,

· provide direct and well lit access between car parks, lift lobbies and unit entrances,

· optimise security by grouping clusters (max. 8) around a common lobby

Entrances oriented to public street and capable of being well lit

Yes - capable

Surveillance facilitated by:

· views over public space from living areas,

· casual views of common internal areas,

· provision of windows and balconies,

· separate entries to ground level apartments.

Surveillance facilitated by design

Yes

Concealment avoided by:

· preventing dark or blind alcoves,

· providing lighting in all common areas,

· providing graded car parking illumination (greater at entrances).

Concealment areas avoided

Yes

Access to all parts of the building to be controlled.

Access to all parts of the building capable of being controlled.

Yes

3.3.2.45

Accessible storage provided for tenants in basement car park or garages.

Accessible storage provided for tenants in basement car park or garages.

Yes

One bike stowage space per dwelling provided.

Bicycle storage facilities provided

Yes

3.3.2.46

For developments of < 6 dwellings individual waste management permitted. Designated area to be provided for storage of bins:

·    not visible from street,

·    easily accessible,

·    not adjoining private or communal space, windows or clothes drying areas,

·    on hard stand area,

·    close to street and a tap for washing,

·    maintained free of pests.

Designated area to be provided for storage of bins

Yes

Communal bulk waste required where:

· > 6 dwellings, or

· Number of bins wouldn’t fit in street frontage, or

· Topography would make street collection difficult.

Communal bulk waste proposed

Yes

Communal bulk waste facilities integrated into development and located at ground or sub-basement level.

· Not visible from street,

· Easily accessible,

· Can be serviced by collection vehicles,

· Not adjoining private or communal space, windows or clothes drying areas,

· Has water and drainage facilities for cleaning,

· Maintained free of pests.

Communal bulk waste facilities integrated into development

Yes

Evidence provided that site can be serviced by waste collection service.

Private waste collection service required.

Yes - capable

3.3.2.47

Common trenching of utility services where possible.

Common trenching of utility services capable.

Yes - capable

Above ground utility infrastructure integrated with building design.

Above ground utility infrastructure integrated with building design including substation with amended plans

Yes

Site and individual units numbered.

Individual units capable of being appropriately numbers at street access points.

Yes – capable

Common aerials and satellite dishes provided.

Common aerials and satellite dishes capable of being provided.

Yes – capable

DCP 2013: General Provisions

DCP Objective

Development Provisions

Proposed

Complies

2.7.2.2

Design addresses generic principles of Crime Prevention Through Environmental Design guideline:

· Casual surveillance and sightlines

· Land use mix and activity generators

· Definition of use and ownership

· Lighting

· Way finding

· Predictable routes and entrapment locations

The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area. The increase in housing density will improve natural surveillance within the locality and openings from each dwelling overlook common and private areas.

Yes

2.3.3.1

Cut and fill 1.0m max. 1m outside the perimeter of the external building walls

Substantial excavation for basement however technically cut outside basement remains to be proposed in the south-east corner of the site greater than 1m outside the building.

No adverse impacts identified to neighbouring properties subject to appropriate engineering design and certification.

No – variation acceptable as previously approved.

2.3.3.2

1m max. height retaining walls along road frontages

N/A

N/A

Any retaining wall >1.0 in height to be certified by structural engineer

Engineering detail to be provided with Construction Certificate

Yes

2.3.3.8 onwards

Removal of hollow bearing trees

Nil

N/A

2.6.3.1

Tree removal (3m or higher with 100mm diameter trunk and 3m outside dwelling footprint

Nil

N/A

2.4.3

Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater

Refer to main body of report.

Yes

2.5.3.2

New accesses not permitted from arterial or distributor roads. Existing accesses rationalised or removed where practical

Driveway access proposed off secondary street frontage Munster Street

Yes

Driveway crossing/s minimal in number and width including maximising street parking

Driveway crossing is minimal in number and width including maximising street parking

Yes

2.5.3.3

Off-street parking in accordance with Table 2.5.1.

Refer to comments earlier in this report under Housing SEPP - ADG.

N/A

2.5.3.5

On-street parking permitted subject to justification

None required for calculated provision

N/A

2.5.3.7

Visitor parking to be easily accessible

Visitor parking easily accessible

Yes

Stacked parking permitted for medium density where visitor parking and 5.5m length achieved

Nil

N/A

Parking in accordance with AS 2890.1

Parking capable of compliance with AS 2890.1.

Yes

2.5.3.9

Bicycle and motorcycle parking considered and designed generally in accordance with the principles of AS2890.3

Dedicated bicycle and motorcycle parking area provided

Yes

2.5.3.10

Parking concessions possible for conservation of heritage items

N/A – parking complies

Yes

2.5.3.11

Section 94 contributions

Refer to main body of report.

Yes

2.5.3.14

Sealed driveway surfaces unless justified

Sealed driveway surfaces – condition recommended

Yes

2.5.3.15

Driveway grades for first 6m of ‘parking area’ shall be 5% grade

(Note AS/NZS 2890.1 permits steeper grades)

Driveway grades acceptable and capable of compliance with Australian Standards

Yes - capable

2.5.3.16

Transitional grades min. 2m length

2.5.3.17

No direct discharge to K&G or swale drain

No change to existing consent condition requirements.

Yes

2.2.2.1

Signage

Minor building identification signage is only proposed.

Yes

Attachments

1⇩. Attachment 1 - Recommended Conditions

2⇩. Attachment 2 - Plans

3⇩. Attachment 3 - Contributions Estimate

4⇩. Attachment 4 - Justification Letter - Piper Alderman

5⇩. Attachment 5 - Current Approved Plans

6⇩. Attachment 6 - Traffic Parking Assessment

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Development Assessment Panel

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Development Assessment Panel

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Development Assessment Panel

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Development Assessment Panel

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Development Assessment Panel

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  ATTACHMENT

Development Assessment Panel

11/12/2024