DEVELOPMENT APPLICATIONS
ITEM-57
DA 07/1951 - 3 & 7 PARKWAY AVENUE, BAR BEACH PROPOSED DEMOLITION OF EXISTING DWELLINGS AND
ERECTION OF RESIDENTIAL FLAT BUILDING –
CONSISTING OF TWO X TWO BEDROOM DWELLINGS AND
TWO X THREE BEDROOM DWELLINGS
APPLICANT:
OWNER:
REPORT BY:
CONTACT:
TELEPHONE:
KEVIN SNELL AND ASSOCIATES
MCLEAN AND MARKEY
STRATEGIC PLANNING AND DEVELOPMENT GROUP
BRENT KNOWLES / GREG NEWTON
4974 2709 / 4974 2793
PRÉCIS
An application has been received
seeking consent to demolish two
existing detached dwellings and a deattached garage/studio at 3 and 7
Parkway Avenue, Bar Beach, and to
erect a two-storey residential flat
building comprising two x twobedroom dwellings and two x threebedroom dwellings.
The proposal
incorporates underground car parking
for 10 vehicles and associated
storerooms.
A copy of the submitted plans for the
proposed development is attached at
Appendix A.
Subject Land: Map 318 – A10 as Gregory’s
Street Directory, 25th Edition
The amended proposal has been notified in accordance with Council’s Public
Notification policy and five objections have been received in response. The
objectors’ concerns include over-development, density, character, overshadowing
and privacy. 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
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Whether the proposed dwelling density is appropriate on the site;
Whether the scale and character of the proposed development is acceptable
in the context;
Whether the proposed development would unreasonably detract from the
privacy of neighbouring dwellings;
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Whether the proposed development would have an unreasonable impact in
terms of overshadowing; and,
Whether the proposed built form is appropriate within the Standard Residential
precinct under the Newcastle Urban Strategy.
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) 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
amended plans, subject to the nominated conditions of consent.
RECOMMENDATION
The application to demolish two existing dwellings and erect a two-storey residential
flat building comprising two x two-bedroom dwellings and two x three bedroom
dwellings be approved and consent granted subject to compliance with the conditions
set out in the Draft Schedule of Conditions attached at Appendix B.
PART II
1.0 THE SUBJECT SITE
The subject property comprises Lot B, DP 163646 and Lot 31, DP 1054957, and is
known as 3 and 7 Parkway Avenue, Bar Beach. The site is located towards the
eastern end of Parkway Avenue, near the intersection with Memorial Drive. Existing
housing in the locality is largely characterised by two-storey detached dwellings,
most of which are relatively large in terms of bulk and scale. However, there are also
some large scale residential flat buildings nearby, such as the building on the northwestern corner of Parkway Avenue and Memorial Drive.
The site has a total area of 1,234m2 and a combined street frontage of 37.1 metres,
with side boundaries of 38.62 metres and 25.6 metres.
The site currently consists of two single storey dwellings and a detached
garage/studio. The land is relatively flat and is devoid of any significant vegetation.
2.0 THE PROPOSAL
The applicant is seeking consent for the demolition of the existing dwellings and the
detached garage/studio and the erection of a residential flat building. The proposed
residential flat building comprises two x two-bedroom dwellings on the ground floor,
two x three-bedroom dwellings at first floor level, and below ground basement car
parking for 10 vehicles, with associated storerooms.
The ground floor dwellings each have a private front courtyard, and a generous sized
rear deck. The upper level dwellings each have spacious decks to the front and rear.
Pedestrian access is provided to each dwelling from the street frontage, through the
front courtyard in the case of the ground floor dwellings, and by means of a small
side entry courtyard, stairs and a lift to the upper level dwellings. A separate lift
provides convenient access between the basement and each of the ground floor
dwellings.
Vehicular access to the common basement is proposed by means of a single
combined entry/exit ramp located in the centre of the Parkway Avenue frontage.
The proposed residential flat building is in a contemporary architectural style,
constructed in cement rendered and painted brick veneer, with a very low pitched
(almost flat) 'Colorbond' roof, comprising a taller central element and a slightly lower
skillion on either side and at the rear. The maximum height of the building is 8m,
measured to the ridge line of the highest roof element.
A copy of the current amended plans is attached at Appendix A.
The various steps in the processing of the application to date are outlined in the
Processing Chronology attached at Appendix C.
3.0 PUBLIC NOTIFICATION
The application has been placed on public exhibition on three separate occasions.
Seven submissions objecting to the proposed development were received in
response to the initial notification. The applicants subsequently amended the plans
in an attempt to address some of the objectors’ concerns. The amended plans were
re-notified in accordance with Council’s notification policy and five submissions were
received in response.
An application for mediation was received from the objectors and the mediation took
place under the auspices of the Community Justice Centre on 4 September 2008.
Although the mediation resulted in no agreement being reached between the two
parties, the applicant subsequently submitted further amended plans as a direct
result of the mediation process.
The current amended plans have also been publicly notified and five submission
have again been received expressing continued concerns regarding the proposal.
The concerns raised by the objectors in respect of the current proposal are
summarised as follows:
a) Over development and excessive density;
b) The character of the development in relation to the character of existing
development in the neighbourhood.
c) Overshadowing of neighbouring dwellings; and
d) Privacy impacts on neighbouring properties.
The objectors' concerns are addressed under the relevant matters for consideration
in the following sections of this report.
A Public Voice presentation was made to Council on 25 November 2008, with two of
the objectors speaking to their concerns and the applicant/architect responding on
behalf of his clients.
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)&(ii)]
The subject property is included within the 2(a) Residential zone under the provisions
of the Newcastle Local Environmental Plan, 2003, within which zone the proposed
development is permissible with Council's consent. The proposed development is
also consistent with the zone objectives.
The proposal is not contrary to the provisions of the Hunter Regional Environmental
Plan or any relevant State Environmental Planning Policy.
4.2 Merit Considerations
4.2.1 Relevant Strategic Policies
The Newcastle Urban Strategy (NUS) identifies the subject property as being within a
Standard Residential precinct. The following density requirements are nominated for
the Standard Residential precinct under the NUS:
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330m2 per 2-bedroom dwelling; and
450m2 per 3-bedroom dwelling.
In order to comply with the provisions of the NUS, the site area would therefore need
to be 1,560m2, as compared to the actual site area of 1,234m2.
However, the NUS allows for an increase in dwelling density within the Standard
Residential precinct of up to 30% in respect of urban housing comprising dwellings
that each have direct street frontage. This is normally taken to apply to 'townhouse'
type development. However, in the present case, while the development constitutes
a residential flat building, rather than townhouses, the applicant submits that each
proposed dwelling has a direct street frontage and, therefore, the proposal qualifies
for the 30% bonus provision. On this basis, a site area of 1,212m2 would be required
for the four proposed dwellings and the development would comply.
The applicant has also submitted a report from a planning consultant that seeks to
justify the proposed density on different grounds as follows:
"One of the criteria used under the NUS in allowing higher dwelling densities
within a Neighbourhood Centre precinct is that the site be located within 400
metres walking distance from a local shopping centre….. while the subject land
is not located within 400m walking distance of a designated local centre, it is
located within 400m of the local shops at the corner of Parkway Avenue and
Darby Street and the public transport service offered by Newcastle Buses in
Parkway Avenue / Light Street and in Darby Street. Also, being located within
100m of the Bar Beach Pavilion and the beach, the site is within close proximity
to highly attractive recreational and leisure facilities. This close proximity
promotes walking rather than car-based travel to these facilities”.
If the proposal was to be assessed using the Neighbourhood Centre density criteria,
a site area of only 970m2 would be required and again the development would
comply.
Each of the applicant's submissions in relation to residential density is considered to
be reasonable in the circumstances of the case and, on this basis, the proposed
development satisfies the density standards under the NUS.
The NUS also identifies a number of preferred dwelling types within the different
residential precincts. Within the Standard Residential precinct, the preferred
dwellings types are nominated as: "detached dwellings, semi-detached dwellings,
town houses, and group or cluster housing". While a residential flat building is not
included as a preferred dwelling type within the Standard Residential precinct, the
form of building proposed in this case is significantly different from a conventional
residential flat building and is considered to be reasonably compatable within the
context. The issue of built form is discussed in further detail in Section 4.2.3 on this
report.
4.2.2 Newcastle Development Control Plan (the DCP) [Section 79C(1)(a)(iii)]
a) Element 4.5 - Water Management
The design includes the use of 3000 litre rainwater tanks to each of the four units,
with internal reuse, plus two retention/infiltration tanks to store additional surface
runoff and control site discharge to the Parkway Avenue gutter. The stormwater
concept plan submitted by the applicant has been examined by Council’s Senior
Development Officer (Engineering) who advises that the proposed drainage design is
satisfactory and that, subject to compliance with recommended conditions, will satisfy
Council’s water management policy requirements. These conditions have been
included in the recommended draft Schedule of Conditions at Appendix B.
b) Element 5.2 - Urban Housing
The proposal generally complies with the design guidelines for urban housing set out
under Element 5.2 of the DCP, including required boundary setbacks, maximum
building height, building envelope, car parking and open space provision.
4.2.3 Impacts on the Natural and Built Environment [Section 79C(1)(b)]
The following comments relate to specific concerns raised by objectors.
a) Character and built form
Existing housing in the locality is largely characterised by single and two-storey
dwellings, mostly comprising relatively large buildings in terms of bulk and scale.
However, the Parkway Avenue area is also characterised by the presence of some
residential flat buildings of reasonable scale, such as the building on the northeastern corner of Parkway Avenue and Memorial Drive.
The design of the proposed building seeks to respect the general character of
surrounding development, the front elevation being well articulated to break up the
bulk and scale, presenting almost as two large dwellings to the street. It is
considered that the contemporary style and overall scale of the proposed
development would be reasonably compatable with the general form of existing
development in the neighbourhood. Importantly, for the purposes of Zone Objective
(a), the proposed development would add to the diversity of housing forms in the
locality.
b) Dwelling Density
The issue of density has been discussed above (refer to Section 4.2.1)
c) Privacy
The proposed building contains a number of large decks to the north and south. The
decks to the rear, facing south-west have been raised as a concern by the residents
of Bar Beach Avenue. The existing dwellings in Bar Beach Avenue have been
designed to have most of their living areas facing south towards Bar Beach.
However, they also have some living areas and their principal outdoor open space at
the rear, facing north towards the subject property.
The current amended plans have incorporated two pergolas on the ground floor,
opposite the proposed decks and adjacent to the southern boundary. The inclusion
of the pergolas is intended to obscure direct views from the southern decks of Units 3
and 4 which are located on the first floor. The south-west elevation of the pergolas is
to also include a privacy screen to ensure privacy is maintained from Units 1 and 2
which are located on the ground floor. In addition, a horizontal screen is proposed
projecting out from the balustrade to the upper level decks. The submitted cross
section attached at Appendix D illustrates the effectiveness of these proposed
measures in addressing privacy concerns.
A condition has been recommended requiring the provision of 900mm wide planter
boxes to the leading edge of the upper level balconies in order to effectively require
that persons on the balcony stand well back from the edge and thereby further
safeguard the privacy of neighbours.
The south-west elevation has two dining room windows for Unit 2 (ground floor) and
Unit 4 (first floor). These windows have been provided with privacy screens to
protect and maintain the privacy of the adjoining residents.
The proposed development also includes a number of bedroom windows on the
south-west elevations. While concerns have been raised regarding the potential
privacy impacts from these windows, they are not expected to have a significant
impact on privacy because of the limited daytime use of bedrooms and the usual
practice of providing curtains and blinds to ensure privacy to bedroom windows.
Accordingly, it is considered that the privacy of neighbouring premises is unlikely to
be significantly compromised.
The proposal also includes a detailed landscaping plan. The landscaping plan
nominates a number of tall trees and screening shrubs to be planted adjacent to the
rear boundary (see Landscape Plan at Appendix E). The proposed planting
schedule will help to minimise any potential impacts on privacy
It is considered that both the visual and acoustic privacy for neighbours have been
adequately addressed.
d) Overshadowing
Concerns have been raised regarding the potential impact of overshadowing on the
properties along Bar Beach Avenue.
The orientation of the site and the
development’s compliance with the building height and setback guidelines under
Council’s DCP ensures that the proposed development would not unreasonably
overshadow private spaces nearby.
The dwellings to the rear will still receive
adequate sunlight to their north facing windows and north facing courtyard areas. A
copy of shadow diagrams for the proposed development is attached at Appendix F.
4.2.4 Social & Economic Impacts in the Locality [Section 79C(1)(b)]
The proposed development would not be likely to have any significant social or
economic impacts in the locality.
The concern raised by the objectors regarding a possible reduction in property values
in the vicinity of the site as a result of the proposed development is not considered to
be justified. The proposal will not adversely impact on the amenity of the adjoining
premises or the neighbourhood generally and, accordingly, is not likely to detract
from current market values. Indeed, the proposed development may well lead to an
increase in the value of nearby properties as it could suggest redevelopment
potential.
4.2.5 Suitability of the Site for the Development [Section 79C(1)(c)]
The site is within a Mine Subsidence District and conditional approval for the
proposed development has been granted by the Mine Subsidence Board. The site is
not subject to any other known risk or hazard that would render it unsuitable for the
proposed development.
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 Public Notification.
4.2.7 Public Interest [Section 79C(1)(e)]
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Sustainability
The proposed development is considered to be satisfactory having regard to the
principles of ecologically sustainable development. The proposal is consistent with
Council’s urban consolidation objectives, making more efficient use of the
established public infrastructure and services. A BASIX assessment has been
undertaken in respect of proposed dwellings, with all dwellings satisfying BASIX
performance standards.
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General
The proposed development does not raise any significant general public interest
issues beyond matters already addressed in this report.
Appendix
Appendix A:
Appendix B:
Appendix C:
Appendix D:
Appendix E:
Appendix F:
Plans and elevations of proposed development as amended - 3 and
7 Parkway Avenue, Bar Beach (DA 07/1951)
Draft Schedule of Conditions – DA 07/1951
Processing Chronology – DA 07/1951
Cross section showing view lines to rear - DA 07/1951
Landscape Concept Plan – DA 07/1951
Shadow Diagrams – DA 07/1951