ITEM-11
DA 10/1571 - 46 PARKWAY AVENUE COOKS HILL - FIT
OUT AND CHANGE OF USE FROM DWELLING TO
BOARDING HOUSE
APPLICANT:
OWNER:
REPORT BY:
CONTACT:
TELEPHONE:
TKMF PTY LTD
TKMF PTY LTD
FUTURE CITY
JUDY JAEGER / PETER CHRYSTAL
4974 2709 / 49742793
PURPOSE
An application has been received
seeking consent to change the use of
an existing residential dwelling to a
boarding house at 46 Parkway
Avenue Cooks Hill. The proposal
would accommodate ten boarders. A
copy of the submitted plans for the
proposed development is appended
at Attachment A.
The proposed development has been
notified in accordance with Council’s
Public Notification policy and five
letters of objection to the proposal
Subject Land: Map 2 - H15 as Gregory's Street
th
Directory, 27 Edition.
have been received in response. The
objectors concerns include parking
and traffic, amenity impacts including noise and privacy, that the boarding house
is already operating illegally, garbage collection, reduction in property values and
consistency with surrounding area.
Details of the submissions received are summarised at Section 3.0 of Part II of
this report and the concerns raised are addressed as part of the Environmental
Planning Assessment at Section 4.0.
Issues
•
•
Whether the proposal is consistent with State Environmental Planning Policy
(Affordable Housing) 2009, and
Whether the proposal will have unreasonable impacts to surrounding properties.
Conclusion
The proposed development has been assessed having regard to the relevant heads
of consideration under Section 79C(1) of the Environmental Planning & Assessment
Act, 1979 (as amended) NSW and is considered to be acceptable subject to
compliance with appropriate conditions.
Accordingly, it is recommended that the application be approved on the basis of the
submitted plans, subject to the nominated conditions of consent.
RECOMMENDATION
The application to fit out and change the use of an existing residential dwelling to a
boarding house at 46 Parkway Avenue Cooks Hill be approved and consent granted,
subject to compliance with the conditions set out in the Draft Schedule of Conditions
appended at Attachment B.
PART II
1.0 THE SUBJECT SITE
The subject property comprises Lot 31, DP 1148272 and is a small rectangular
allotment located on the corner of Parkway Avenue and Darby Street. The relatively
flat site has frontages of approximately 14.5m and 24m, respectively, and a total
area of 343.1m2 and is relatively flat. The existing dwelling comprises one half of a
recently constructed attached dual occupancy. The approved dwelling contained
three bedrooms and a double car garage with a driveway to Darby Street.
The general form of development in the vicinity of the site consists of a mixture of
residential development, from single storey to residential flat buildings, as well as
small scale commercial uses.
2.0 THE PROPOSAL
The applicant seeks consent to change the use of an existing three bedroom dwelling
to a ten room boarding house under the provisions of State Environmental Planning
Policy (Affordable Rental Housing) 2009. The proposal includes building alterations
to create the additional bedrooms. The boarding house is proposed to be managed
by the owner, without an on-site manager. One carparking space and two
motorcycle spaces are to be provided for use by the tenants.
The applicant has advised that it is the intention to tenant the boarding rooms to
international students.
The various steps in the processing of the application to date are outlined in the
Processing Chronology appended at Attachment C.
3.0 PUBLIC NOTIFICATION
The application was publicly notified in accordance with Council's Public Notification
policy for a period of 14 days and five submissions were received in response.
The concerns raised by the objectors in respect of the proposed development are
summarised as follows:
a)
Lack of parking, and existing parking issues due to existing businesses in
area
b)
c)
d)
e)
f)
g)
h)
i)
Traffic impacts, resulting in congestion at roundabout and making driveway
access more difficult for surrounding properties
Noise
Impact on privacy
Garbage collection issues due to parking congestion
The boarding house is already in operation
Reduction in value of surrounding properties
The existing dual occupancy on site is not in keeping with area
Loss of cricket pitch previously on land
The objector's concerns are addressed under the relevant matters for consideration
in the following section of this report.
4.0 ENVIRONMENTAL PLANNING ASSESSMENT
The application has been assessed having regard to the relevant matters for
consideration under the provisions of Section 79C(1) of the Environmental Planning
& Assessment Act, 1979, as detailed hereunder.
4.1 Statutory Considerations [Section 79C(1)(a)(i) and (ii)]
State Environmental Planning Policy (Affordable Rental Housing) 2009
The proposal is subject to the provisions of State Environmental Planning Policy
(Affordable Rental Housing) 2009 (the SEPP). It has been assessed under the
provisions of this policy. The proposal is considered to be consistent with the aims of
the policy.
The SEPP prescribes that a word or expression used in this Policy has the same
meaning as it has in the Standard Instrument – Principal Local Environmental Plan
unless it is otherwise defined in this Policy. Accordingly, a ‘boarding house:
‘means a building:
a) that is wholly or partly let in lodgings, and
b) that provides lodgers with a principal place of residence for 3 months or
more, and
c) that may have shared facilities, such as a communal living room,
bathroom, kitchen or laundry, and
d) that has rooms, some or all of which may have private kitchen and
bathroom facilities, that accommodate one or more lodgers,
but does not include backpackers’ accommodation, a group home, a
serviced apartment, seniors housing or hotel or motel accommodation.’
The SEPP provides a list of standards that cannot be used to refuse consent. The
applicable clauses are discussed below.
Clause 6 Affordable housing
It is noted that boarding houses do not include any restrictions to provide only
affordable housing, as with other forms of land use prescribed under the SEPP. For
example ‘in-fill affordable housing’, under Clause 17, must be used for affordable
housing for a period of 10 years.
Clause 8 Relationship with other environmental planning instruments
If there is an inconsistency between the SEPP and any other environmental planning
instrument (EPI), whether made before or after the commencement of this Policy, this
Policy prevails to the extent of the inconsistency.
Division 3 Boarding houses
The site is zoned 2(b) Urban Core Zone under the Newcastle Local Environmental
Plan 2003 (LEP), and the equivalent zoning for the site would be R2 Low Density
Residential / R3 Medium Density Residential. Accordingly, Division 3 Boarding
Houses applies to the subject site.
Clause 29 Standards that cannot be used to refuse consent
This clause of the SEPP restricts Council from refusing an application for a boarding
house on certain issues, should the application comply with standards relating to
these issues. As a consequence, despite any other provisions contained in the LEP
or Development Control Plan 2005 (DCP), there is no legal mechanism for Council to
refuse the application on the basis of the prescribed issues, should the SEPP
standards be achieved by the proposal. These SEPP standards are discussed
below:
Density/Scale
Council is not able to refuse the application if the density and scale when
expressed as a floor space ratio are not more than:
a) the existing maximum floor space ratio for any form of residential
accommodation permitted on the land, or
b) if the development is on land within a zone in which no residential
accommodation is permitted—the existing maximum floor space ratio for
any form of development permitted on the land, or
c) if the development is on land within a zone in which residential flat
buildings are permitted and the land does not contain a heritage item that
is identified in an environmental planning instrument or an interim
heritage order or on the State Heritage Register—the existing maximum
floor space ratio for any form of residential accommodation permitted on
the land, plus:
i. 0.5:1, if the existing maximum floor space ratio is 2.5:1 or less, or
ii. 20% of the existing maximum floor space ratio, if the existing
maximum floor space ratio is greater than 2.5:1.
There is no change to the existing building proposed in relation to FSR. The
subject site is not identified as having an FSR by either the DCP or draft
Newcastle Local Environmental Plan 2011.
Building Height
Council is not able to refuse the application if the building height is less than the
maximum building height permitted under another plan.
There is no specific height requirement contained in the Draft Newcastle Local
Environmental Plan 2011 or any other plan, and there is no change to the
existing building proposed in relation to height.
Landscaped Area
Council is not able to refuse the application if the landscape treatment of the front
setback area is compatible with the streetscape in which the building is located.
There will be no change to the existing landscaping, which is considered to be
compatible with the streetscape.
Solar Access
Council is not able to refuse the application if the development provides for one
or more communal living rooms, and if at least one of those rooms receives a
minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter.
A communal living room has been provided with a window facing north.
Accordingly, the proposal is considered to comply with this requirement.
Private Open Space
Council is not able to refuse the application if at least the following private open
space areas are provided (other than the front setback area):
i one area of at least 20 square metres with a minimum dimension of 3
metres is provided for the use of the lodgers,
ii if accommodation is provided on site for a boarding house
manager—one area of at least 8 square metres with a minimum
dimension of 2.5 metres is provided adjacent to that accommodation.
An area greater than 20m2 is proposed for the use of the lodgers. As no on-site
manager is proposed, an area of open space is not required in this regard.
The private open space is within the front setback, however it is noted that this
area was considered to be appropriate for the approved dwelling in 2008.
Parking
Council is not able to refuse the application if not more than:
i one parking space is provided for each 10 boarding rooms or part
thereof, and
ii one parking space is provided for each person employed in
connection with the development and who is a resident on site.
The development application proposes ten lodgers, and according to the above
requirements, one space is required. This space is provided in a double car garage
existing on the site. As no employees are required, staff parking is not required.
Accommodation size
Council is not able to refuse the application if:
each boarding room has a gross floor area (excluding any area used for
the purposes of private kitchen or bathroom facilities) of at least:
i 12 square metres in the case of a boarding room intended to be used
by a single lodger, or
ii 16 square metres in any other case.
Two of the proposed boarding rooms do not comply with the minimum 12m2
standard, with bedroom 2 sized 11.22m2 and bedroom 9 sized 11.38m2. However
the applicant has demonstrated that the appropriate facilities can be provided in the
rooms, and the quality of the communal areas, therefore it is considered that this
issue is not sufficient grounds for refusal.
Clause 30 Standards for boarding houses
The SEPP also includes minimum standards for boarding houses, and should
satisfactory compliance with these minimum standards not be achieved, consent
cannot be granted. These minimum standards are discussed below:
a.
if a boarding house has 5 or more boarding rooms, at least one communal
living room will be provided.
The proposal involves 10 bedrooms, and complies with this requirement as a
communal living room is provided.
b.
no boarding room will have a gross floor area (excluding any area used for
the purposes of private kitchen or bathroom facilities) of more than 25
square metres.
All boarding rooms are less than 25m2 in size.
c.
no boarding room will be occupied by more than 2 adult lodgers.
Only one boarder is proposed for each room, and an appropriate condition of consent
has been recommended in this regard.
d.
adequate bathroom and kitchen facilities will be available within the
boarding house for the use of each lodger.
The proposal includes three bathrooms and a kitchen, which are considered to be
adequate.
e
if the boarding house has capacity to accommodate 20 or more lodgers, a
boarding room or on site dwelling will be provided for a boarding house
manager.
This clause is not applicable as only ten lodgers are proposed.
f
if the boarding house is on land within a zone where residential flat
buildings are permissible, no new car parking for lodgers will be provided
on the site.
Residential flat buildings (i.e. urban housing) are permissible in the 2(b) zoning. No
carparking further to that approved for the current structure is proposed. The
proposal complies with this requirement.
g
if the boarding house is on land zoned primarily for commercial purposes,
no part of the ground floor of the boarding house that fronts a street will be
used for residential purposes unless another environmental planning
instrument permits such a use.'
Not applicable.
h
at least one parking space will be provided for a bicycle, and one will be
provided for a motorcycle, for every 5 boarding rooms.'
Half of the double car garage provides for the required two bicycle spaces and two
motorcycle spaces. Accordingly, the proposal complies with this requirement.
Clause 52 No subdivision of boarding houses
It is noted that future strata subdivision or community title subdivision of any boarding
house is not permitted by the SEPP.
State Environmental Planning Policy No 55—Remediation of Land
The proposal has been considered in accordance with the requirements of Clause 7 Contamination and remediation to be considered in determining development
application. Council's records do not indicate any known contamination issues.
State Environmental Planning Policy No71 - Coastal Protection
Having regard to the matters of consideration in this policy, the proposal is
considered to be acceptable.
Other State Environmental Planning Policies
The proposal is not contrary to the provisions of any other relevant State
Environmental Planning Policy.
4.1.2 Local Environmental Policies
Newcastle Local Environmental Plan, 2003
The subject property is included within the 2(b) Urban Core zone under the
provisions of the LEP, within which zone the proposed development is permissible
with Council's consent. The proposed development is also consistent with the zone
objectives. It is noted that the LEP definition for a ‘boarding house’ differs from that
contained in the SEPP. As discussed, the SEPP prevails over the LEP in the event
of any inconsistency.
4.1.3 Draft Newcastle Local Environmental Plan 2011
The subject property is located within the proposed R3 Medium Density Residential
Zone under the draft Newcastle Local Environmental Plan 2011. The proposed
development would be characterised as a 'boarding house', which is permissible with
consent under this draft instrument.
4.2 Merit Considerations
4.2.1 Relevant Strategic Policies
Council’s Affordable Housing Strategy has been considered as part of the
assessment, and it is noted that inner Newcastle is a desirable area for affordable
housing due to the proximity to public transport links and support services.
4.2.2 Newcastle Development Control Plan [Section 79C(1)(a)(iii)]
The following provisions of Newcastle Development Control Plan (DCP) 2005 are
relevant to the proposal:
Element 3.1 Public Participation
The proposal was notified in accordance with the requirements of this element. The
submissions received are discussed in this report.
Element 4.1 Parking and Access
The DCP states that in the event of any inconsistency between this DCP and the
LEP or SEPP then the LEP and SEPP will prevail to the extent of the inconsistency.
As the DCP is subservient to the requirements of the SEPP in relation to parking, no
further consideration of the parking requirements specified by the DCP is applicable.
As discussed above, the proposal complies with the parking requirements contained
in the SEPP, and accordingly, there is no legal mechanism for Council to refuse the
application on the basis of parking provision.
Element 4.3 Flood Management and Element 4.5 Water Management
The proposal does not involve any modifications to the built form, and accordingly
would not create any issues in relation to stormwater and flooding.
Element 4.6 Waste Management
It is noted that the number of bedrooms proposed is larger than that would which be
expected for a standard residential house. Accordingly, assessment of the predicted
waste creation has been undertaken in accordance with the Department of
Environment, Climate Change and Water guidelines. The appropriate number of
bins (i.e. 3 x 240 litre general waste bins and 2 x 240 litre recycling bins) are a
recommended condition of consent. It is noted that there is adequate area to store
these bins within the site and on the street frontage for collection.
4.2.3 Impacts on the Natural and Built Environment [Section 79C(1)(b)]
a)
Parking
As previously discussed in this assessment, the proposal complies with the
requirements of the SEPP, and there is no legal mechanism for Council to refuse the
application on the basis of parking provision.
It is noted that concerns were raised in the submissions regarding the potential for
garbage collection issues due to parking congestion. Existing issues regarding
parking demand from businesses in the vicinity were also noted in the objections. In
this regard, the context of the site has been taken into consideration, and it is not
considered that the proposal in itself is likely to significantly exacerbate existing
issues.
b)
Traffic Generation
Concern was raised in the submissions that the proposal could create traffic impacts
resulting in congestion at the Darby Street/Parkway Avenue roundabout and making
driveway access more difficult for surrounding properties.
It is considered that the reduced car parking requirement contained in the SEPP is a
reflection of the expectation that occupiers of this form of residential accommodation
are not expected to be car based travellers. However, any impacts in this regard are
likely to be minimal for this particular site, noting the availability of public transport
and that services are in easy walking distance.
c)
Privacy and noise impact
It is not considered that the proposal would significantly impact on adjoining
properties in terms of overlooking, further to any impacts should the property be used
as a dwelling. The northern boundary does contain windows on the upper level,
however it is noted that they are bedroom windows, which are not likely to create
significant privacy concerns.
In relation to noise impacts, it is not considered that the proposal is likely to create
impacts greater than that of a medium density residential development. Concerns
can be addressed should acoustic impacts be experienced by adjoining residences.
4.2.4 Social and Economic Impacts in the Locality [Section 79C(1)(b)]
The proposal is likely to have positive social impacts, in that it will create additional
residential accommodation close to services. It is considered the development is
ideally situated with a variety of public transport options. The site is also conveniently
located within walking distance to the The Junction commercial precinct which offers
a mix of shops, offices, banks, restaurants, hotels and cafes less than 500m from the
site.
The proposed development is likely to create a positive multiplier effect, albeit limited,
on the local economy through the increased demand for goods and services by
residents and visitors.
The proposed development would not be likely to have any significant social or
economic impacts in the locality.
4.2.5 Suitability of the Site for the Development [Section 79C(1)(c)]
a)
Land based risks/hazards
The site is within a Mine Subsidence District and is affected by flooding. As the
proposal does not involve any building work, it is not considered that further
consideration of these constraints is applicable.
The site is not subject to any other known risk or hazard that would render it
unsuitable for the proposed development.
b)
Distance to public transport, services and facilities
The subject site located within an easy walking distance to the nearby commercial
areas, and accordingly, it is considered to be suitable for this form of development in
relation to access to public transport, services and facilities.
4.2.6
Submissions made in accordance with the Act or Regulations [Section
79C(1)(d)]
This report has addressed the various concerns raised in the submissions received in
response to the Public Notification with the exception of:
a)
Development is out of character with area
Concern was raised that the proposal would have an adverse impact on the
community and the existing character of the area. It is considered that a boarding
house is characterised as an alternative form of residential accommodation, and
accordingly it is consistent with the surrounding residential area.
b)
Boarding House already in operation
Concern has been raised that the boarding house is already operation. The
applicant has advised that international students are currently occupying the building,
but as a residential rental dwelling rather than a boarding house, which does not
require Council's approval.
The applicant has also verbally advised that the internal building alterations have
already been completed, which would have required Council's consent. It is noted
that the proposal is satisfactory in terms of compliance with the SEPP as indicated in
the previous sections of this report. The unauthorised works are not in themself a
reason for refusal.
Council officer's investigation of the unauthorised works presently stands deferred
pending the determination of this development application.
c)
The existing dual occupancy on site is not in keeping with the area
The appropriateness of the building was considered when the dual occupancy was
approved. Council is not able to revisit that as part of this application.
d)
Loss of cricket pitch previously on land
Concern was raised in the submissions that the land was previously used as an
informal public recreation area. This issue was considered when the dual occupancy
was approved, and Council is not able to revisit that as part of this application.
4.2.7 Public Interest [Section 79C(1)(e)]
•
Sustainability
The proposed development is considered to be satisfactory having regard to the
principles of ecologically sustainable development, as it facilitates the provision of
alternate residential accommodation types close to existing commercial areas,
making more efficient use of the established public infrastructure and services.
•
General
The proposed development does not raise any significant general public interest
issues beyond matters already addressed in this report.
ATTACHMENTS
Attachment A: Plans and elevations of proposed development - 46 Parkway Avenue
Cooks Hill
Attachment B: Draft Schedule of Conditions - DA 10/1571
Attachment C: Processing Chronology - DA 10/1571