BYRON SHIRE COUNCIL

                                                                                                                              13.12 - Attachment 1

Report No. 4.5             PLANNING - Development Application 10.2016.189.1 - Multi Dwelling Housing (including 10 single bedroom dwellings, parking for 5 vehicles) and Demolition of existing structures - 116 Stuart Street, Mullumbimby

Directorate:                 Sustainable Environment and Economy

Report Author:           Paul Mills, Senior Planner

File No:                        I2016/629

Theme:                         Ecology

                                      Development and Approvals

 

 


Proposal:

 

DA No:

10.2016.189.1

Proposal:

Multi Dwelling Housing (including 10 single bedroom dwellings and parking for 5 vehicles) and Demolition of existing structures

Property description:

LOT: 1 DP: 372438

116 Stuart Street MULLUMBIMBY

Parcel No/s:

87450

Applicant:

Koho Projects

Owner:

Messrs A M & J C Curr

Zoning:

R2 Low Density Residential Zone

Date received:

1 April 2016

Integrated Development:

No

Public notification or exhibition:

-    Level 2 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications

-    Exhibition period: 14/04/2016 to 27/04/2016

-    Ninety (90) submissions were received, plus an online petition with 1177 signatures

 

Other approvals (S68/138):

Not applicable

Planning Review Committee:

12 May 2016

Delegation to determination:

Council

 

 

Summary:

 

The subject site is described as Lot 1 DP 372438, 116 Stuart Street, Mullumbimby.  The site is located on the eastern side of Stuart Street and approximately 40 metres south of the Mullumbimby commercial centre.  The application seeks development consent for the demolition of the existing single storey dwelling house on the subject site (and associated outbuildings) and erection of a multi dwelling housing development comprising of 10 single bedroom dwellings. The proposal seeks approval under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 [AH SEPP]. Three of the proposed dwellings are proposed to be provided as affordable housing.

 

In response to concerns raised about the development, the applicant submitted amended plans. The revised proposal has divided the development into two buildings each containing five dwellings. The proposed inconsistencies with BLEP 2014 and BDCP 2014 relating to site area, floor space ratio, landscaped area, deep soil zones and parking are permitted based on compliance with the AH SEPP.  The application was notified and advertised in accordance with Council’s notification procedures under Byron DCP 2014. Ninety (90) submissions were received objecting to the development on the grounds of heritage, bulk, scale, height, rear lane access and non compliance with Council’s planning controls.

 

It is considered the proposal will provide much needed accommodation for singles and couples within close walking distance to the commercial centre of Mullumbimby. Alternatives for the site could include two upmarket dwellings in a dual occupancy arrangement or a large house with a secondary dwelling. Both alternates would likely result in the same or greater development density on site to the proposal, but do little in terms of addressing the overall housing diversity needs of residents of the Shire.

 

The proposed development is recommended for consent subject to conditions.

 

NOTE TO COUNCILLORS:

 

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters.  Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

 

 


  


 

 

RECOMMENDATION:

That Pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application 10.2016.189.1 for Multi Dwelling Housing (10 single bedroom Dwellings) and Demolition of existing structures, be granted consent subject to the recommended conditions listed in Attachment 2 #E2016/42093.

 

 

 


Attachments:

 

1        Plans prepared by Koho 10.2016.189.1, E2016/42515 

2        Proposed conditions of consent 10.2016189.1, E2016/42093 

3        Confidential - submissions 10.2016.189.1, E2016/42661 

 

 


 

 

 


Assessment:

 

1.       INTRODUCTION

 

1.1     History/Background

 

The following past applications over the subject site are noted:

 

BA 80/2005          Building Application for a fern house approved 30 January 1980.

 

BA 44/79              Building Application for a swimming pool approved 16 August 1979.

 

BA 77/2041          Building Application for additions to dwelling approved 4 August 1977.

 

1.2     Description of the site

 

The subject site is legally described as Lot 1 DP 372438, street address 116 Stuart Street, Mullumbimby.  The site is located on the eastern side of Stuart Street and approximately 40 metres south of the Mullumbimby commercial centre (see Figure 1). 

 

http://gisappserver.byron.nsw.gov.au/Geocortex/Essentials/GXE440_Live/REST/TempFiles/Export.png?guid=e1ec401b-546a-4603-9c80-0884535b8f8d&contentType=image%2Fpng

Figure 1 - Location of subject site shown in yellow. Byron LEP 2014 R2 Low Density Residential Zone in pink and B2 Local Centre Zone in light blue.

 

The site is rectangular in shape with a frontage of approximately 14.94 metres to Stuart Street and a length of approximately 60 metres. At the rear the site adjoins McGoughans Lane. The total area of the allotment is approximately 897.9m².

 

The site contains an existing single-storey dwelling house of fibre cement cladding with a fairly low pitched ‘clip lock’ metal roof.

 

20160505_123435

Figure 2 - Existing dwelling at 116 Stuart Street

 

 

20160505_123546

Figure 3 - Existing dwelling as viewed from Stuart Street

 

1.3     Description of the proposed development

 

The application seeks development consent for:

·    The demolition of the existing single-storey dwelling house and associated outbuildings; and

·    the erection of a multi dwelling housing development comprising a total of 10 x 1 bedroom dwellings each with access from ground level. The proposal seeks to provide three (3) dwellings as Affordable Housing as defined within the State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

In response to issues raised about the development, the applicant submitted amended plans to Council on 17 May 2016.  The revised proposal has divided the development into two buildings each containing five dwellings each with a gross floor area of 50m2. The first dwelling fronting Stuart Street incorporates a single level design whilst the remaining nine dwellings have a two level design. See Figure 4 for the proposed site plan.

 

The proposal provides vehicular access via McGoughans Lane with a total of 5 on-site parking spaces. A bin storage area and bicycle parking area also located to the rear of the allotment, and are proposed to be screened by be plantings within the 3.0 metre wide setback to McGoughans Lane.  

 

 

 

Figure 4 – Proposed Site Plan

 

 

Figure 5 – Proposed south elevation

 

 

Figure 6 – Proposed north elevation

 

 

Figure 7 – Proposed Stuart Street elevation

 

Figure 8 – Proposed typical Section showing roof windows for upper floor level

 

2.       SUMMARY OF REFERRALS

 

The application was considered by Council’s Development Engineer, Environmental Officer, ET Engineer and Section 94 Officer, where necessary conditions of consent have been included as recommended by these officers. Council’s Heritage Advisor also assessed the proposal with comments and recommendations discussed in the body of the report below.   

 

3.       SECTION 79C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

 

Having regard for the matters for consideration detailed in Section 79C(1) of the Environmental Planning & Assessment Act 1979, the following is a summary of the evaluation of the issues.

 

3.1.    STATE/REGIONAL PLANNING POLICIES AND INSTRUMENTS

 

Policy requirement/summary

Proposed

Complies

State Environmental Planning Policy (Affordable  Rental Housing) 2009

8   Relationship with other environmental planning instruments

     If there is an inconsistency between this Policy and any other environmental planning instrument, whether made before or after the commencement of this Policy, this Policy prevails to the extent of the inconsistency.

 

The proposed development application has been made under the provisions of the AH SEPP and the provisions of this SEPP prevail over any inconsistencies with Byron LEP 2014. 

Noted

10   Development to which Division applies

(1)  This Division applies to development for the purposes of dual occupancies, multi dwelling housing or residential flat buildings if:

(a)  the development concerned is permitted with consent under another environmental planning instrument, and

(b)  the development is on land that 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 under the Heritage Act 1977.

 

(3)  Despite subclause (1), this Division does not apply to development on land that is not in the Sydney region unless all or part of the development is within 400 metres walking distance of land within Zone B2 Local Centre or Zone B4 Mixed Use, or within a land use zone that is equivalent to any of those zones.

 

Multi dwelling house is permissible on the subject site under Byron LEP 2014 and the site does not contain a heritage item.

 

The site is approximately 40 metres (walking distance) from the land located within the B2 Local Centre Zone (B2 Zone is located directly opposite the site on Stuart Street).

 

The site is considered suitable for the provision of affordable housing.

Yes

13   Floor space ratios

(1)  This clause applies to development to which this Division applies if the percentage of the gross floor area of the development that is to be used for the purposes of affordable housing is at least 20 per cent.

(2)  The maximum floor space ratio for the development to which this clause applies is the existing maximum floor space ratio for any form of residential accommodation permitted on the land on which the development is to occur, plus:

(a)  if the existing maximum floor space ratio is 2.5:1 or less:

(i)  0.5:1—if the percentage of the gross floor area of the development that is used for affordable housing is 50 per cent or higher, or

(ii)  Y:1—if the percentage of the gross floor area of the development that is used for affordable housing is less than 50 per cent,
where:

AH is the percentage of the gross floor area of the development that is used for affordable housing.

Y = AH ÷ 100

 

The proposal seeks to provide three of the ten dwellings (30% floor area) as affordable housing. In accordance with this provision, an increase in the maximum floor space ratio from 0.5:1 to 0.8:1 is permitted. The proposed floor space ratio is calculated to be 0.56:1 which is less than the maximum permitted under Clause 13.

Yes

14   Standards that cannot be used to refuse consent

(1) Site and solar access requirements
A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:

 (b)  site area
if the site area on which it is proposed to carry out the development is at least 450 square metres,

(c)  landscaped area if:

(i)  in the case of a development application made by a social housing provider—at least 35 square metres of landscaped area per dwelling is provided, or

(ii)  in any other case—at least 30 per cent of the site area is to be landscaped,

(d)  deep soil zones
if, in relation to that part of the site area (being the site, not only of that particular development, but also of any other associated development to which this Policy applies) that is not built on, paved or otherwise sealed:

(i)  there is soil of a sufficient depth to support the growth of trees and shrubs on an area of not less than 15 per cent of the site area (the deep soil zone), and

(ii)  each area forming part of the deep soil zone has a minimum dimension of 3 metres, and

(iii)  if practicable, at least two-thirds of the deep soil zone is located at the rear of the site area,

(e)  solar access
if living rooms and private open spaces for a minimum of 70 per cent of the dwellings of the development receive a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter.

(2) General
A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:

(a)  parking if:

(i)  in the case of a development application made by a social housing provider for development on land in an accessible area—at least 0.4 parking spaces are provided for each dwelling containing 1 bedroom, at least 0.5 parking spaces are provided for each dwelling containing 2 bedrooms and at least 1 parking space is provided for each dwelling containing 3 or more bedrooms, or

(ii)  in any other case—at least 0.5 parking spaces are provided for each dwelling containing 1 bedroom, at least 1 parking space is provided for each dwelling containing 2 bedrooms and at least 1.5 parking spaces are provided for each dwelling containing 3 or more bedrooms,

(b)  dwelling size
if each dwelling has a gross floor area of at least:

(i)  35 square metres in the case of a bedsitter or studio, or

(ii)  50 square metres in the case of a dwelling having 1 bedroom, or

(iii)  70 square metres in the case of a dwelling having 2 bedrooms, or

(iv)  95 square metres in the case of a dwelling having 3 or more bedrooms.

(3)  A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (1) or (2).

 

 

Site area

The subject allotment has an area exceeding 450m2.

 

 

Landscape area

The total landscape area proposed on the subject allotment is 311.99m2 which is 34.6% of the total site area. In accordance with Clause 14 landscaped area cannot be used as a ground for refusal of this Development Application.

 

Deep Soil Zones

The total Deep Soil Area proposed on the subject allotment is 199.22m2 which is 22.1% of the total site area. In accordance with Clause 14 Deep Soil Area cannot be used as a ground for refusal of this Development Application. Two-thirds of the Deep Soil Area is located behind the front building line.

 

Solar Access

It is considered that the proposed living rooms and private open space of over 70% of the proposed dwellings receive the required solar access, having regards to their orientation to the north.

 

Parking spaces

At least 0.5 parking spaces are provided for each dwelling containing 1 bedroom. A total of 5 parking spaces are provided for the proposed 10 single bedroom dwellings.

 

The applicant has submitted floor plan drawings indicating that each of the proposed dwellings has a ‘gross floor area’ exceeding 50m2

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

15   Design requirements

(1)  A consent authority must not consent to development to which this Division applies unless it has taken into consideration the provisions of the Seniors Living Policy: Urban Design Guidelines for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004, to the extent that those provisions are consistent with this Policy.

 

The proposed development is considered to be generally consistent with the Seniors Living Policy: Urban Design Guidelines for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004.

Yes

16A   Character of local area

A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

 

Council’s Heritage Advisor has assessed the proposal in terms of compatibility with the local area and raised no objection to the revised design of the development.

 

Yes

17   Must be used for affordable housing for 10 years

(1)  A consent authority must not consent to development to which this Division applies unless conditions are imposed by the consent authority to the effect that:

(a)  for 10 years from the date of the issue of the occupation certificate:

(i)  the dwellings proposed to be used for the purposes of affordable housing will be used for the purposes of affordable housing, and

(ii)  all accommodation that is used for affordable housing will be managed by a registered community housing provider, and

(b)  a restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that the requirements of paragraph (a) are met.

(2)  Subclause (1) does not apply to development on land owned by the Land and Housing Corporation or to a development application made by, or on behalf of, a public authority.

 

 

A condition has been included in the recommendation to require three (3) of the proposed dwellings to be used for the purposes of affordable housing for a period of ten years from the date of issue of an occupation certificate. This affordable housing is also required to be managed by a registered community housing provider. 

 

Yes

 

18   Subdivision

Land on which development has been carried out under this Division may be subdivided with the consent of the consent authority.

 

The subject development application does not seek consent for subdivision at this time.

Noted

State Environmental Planning Policy No 55 - Remediation of Land

Where a change of use is proposed the Council must consider a report provided by the applicant specifying the findings of a preliminary investigation (and detailed investigation if necessary) of the land in accordance with the contaminated land planning guidelines.

 

The proposed development site contains an existing slab foundation. It is considered that this structure may have been treated with termeticides which may be residual in the soil.  Elevated lead was detected during an investigation undertaken by ENV Solutions Pty Ltd refer to Preliminary Assessment Contamination Assessment dated March 2016.  A condition has been imposed requiring a Detailed Contaminated Land Assessment Report be prepared submitted with a Remedial Action Plan (if required). 

 

Yes

 

State Environmental Planning Policy No. 71 - Coastal Protection

Council must have regard for the matters of consideration under Parts 2 and 4 of SEPP No. 71 when assessing development within the coastal zone. These matters include:

-    retention of existing public access to the coastal Foreshore

-    impact of effluent disposal on water quality

-    development must not discharge untreated stormwater into a coastal water body

Public access to the coastal foreshore will not be impeded or diminished.

Effluent is not proposed to be disposed other than to Council’s sewerage system.

The proposed stormwater management plan details the method of treating stormwater runoff and is considered acceptable.

 

The site is not located within a sensitive coastal location, subdivision is not proposed and a master plan is not required.

 

Yes

State Environmental Planning Policy Building Sustainability Index 2004 (BASIX)

Applies to new residential dwellings and alterations and additions with a value greater than $50,000. Development is to accord with a completed BASIX Certificate.

 

A BASIX Certificate has been submitted in accordance with the SEPP.

Yes

North Coast Design Guidelines

Standards for building design on the North Coast of NSW.

The design is considered to be generally consistent with the guidelines.

 

Yes

NSW Coastal Policy 1997

The subject site is located within 1km landward of the open coast high water mark and is subject to the provisions of the NSW Coastal Policy.

The proposal is considered to be consistent with the Goals, Objectives and Strategic Actions of the NSW Coastal Policy 1997.

 

Yes

Building Code of Australia

Ability for the proposed development to comply with the requirements of the BCA.

The proposal is considered to be able to satisfy the requirements of the Building Code of Australia.

 

Yes

Disability Access (DDA)

Access for persons with disabilities and integration into surrounding streetscapes without creating barriers. (Council Res.10-1118)

The proposal seeks to provide Dwelling No.1 as an adaptable house capable of being modified to provide an accessible dwelling consistent with Council’s DCP 2014. 

Yes

 

 

 

3.2.    BYRON LOCAL ENVIRONMENTAL PLAN 2014

 

Zone: R2 Low Density Residential

Definition: Multi dwelling housing (10 dwellings)

LEP Summary of Requirement

Proposed

Complies

Satisfy objectives of the R2 Low Density Residential zone

Objectives of zone

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

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

 

The proposed multi dwelling housing development is considered to meet the housing needs of the community in a low density residential environment.

Yes

Permissibility (LEP 2014)

Multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.

 

 

The proposed ten (10) dwellings are to be located on one lot of land and each has access at ground level consistent with the definition of multi dwelling housing. Multi dwelling housing is permissible with the R2 low density residential zone.

 

Yes

Clause 4.1E   Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings

The minimum lot size for multi dwelling housing within the R2 Low Density Residential Zone is 1000m2

 

Multi dwelling housing

Zone R2 Low Density Residential

1,000 square metres

The subject allotment has a total area of approximately 897.9m2

 

This is not a ground for refusal pursuant to Clause 14 of AH SEPP which requires a minimum site area of 450m2.

Not Applicable

AH SEPP prevails

Clause 4.3 - Height of buildings

Maximum height limit as shown on the Height of Buildings Map is 9.0 metres.

The maximum height of the proposed building is  6.57metres (RL 10.87m – RL 4.3)

 

Yes

Clause 4.4   Floor space ratio

Maximum floor space ratio for a building on the subject site is not to exceed 0.5:1 as shown on the Floor Space Ratio Map.

The total area of the subject allotment is approximately 897.9m2. The proposed gross floor area of the building is approximately 502.45m2. Proposed FSR is approximately 0.56:1.

 

This is not a ground for refusing consent pursuant to Clause 13 of AH SEPP which sets the maximum site FSR at of 0.80:1

 

Not Applicable AH SEPP prevails


 

Clause 5.10(5) Heritage Conservation

The subject site is within the Mullumbimby Heritage Conservation Area and within the setting of the Heritage Item dwelling house at No.87 Station Street (located to the rear of the site on the opposite side of McGoughans Lane). Pursuant to Clause 5.10(5) the consent authority may require a heritage management document to be prepared.

The applicant has submitted a Heritage Impact Assessment.

 

See further discussion below.

 

Yes

 

Clause 6.1 Acid Sulfate Soils

Class 4 - Works more than 2 metres below the natural ground surface. Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.

 

The proposed development does not involve the disturbance of acid sulphate soils more than 2.0m below natural ground level.

Yes

Clause 6.3 Flood Planning Level

(2)  This clause applies to land at or below the flood planning level.

(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

(a)  is compatible with the flood hazard of the land, and other matters specified within subclause 3.

 (4)  In determining a development application for development at or below the future flood planning level, the consent authority must, in addition to the matters referred to in subclause (3), also consider other matters in subclause 4.

 

The Flood Planning Level for the development is 4.45m AHD. The proposed floor level is 4.5m AHD.

Yes

6.7   Affordable housing in residential and business zones

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

(a)  to increase the supply of affordable housing for very low, low and moderate income earning households,

(b)  to provide accommodation to support a diverse residential population inclusive of all income groups within Byron,

(c)  to ensure a housing mix and tenure choice including affordable housing,

(d)  to ensure that affordable housing is identified by the Council as in demand and located close to transport and services appropriate to the intended households.

(2)  Development consent must not be granted for the purposes of residential accommodation or to the subdivision of any land in Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone B2 Local Centre or Zone B4 Mixed Use unless the consent authority has considered:

(a)  the need for providing, maintaining or retaining affordable housing, and

(b)  the need for imposing conditions relating to providing, maintaining or retaining affordable housing including, but not limited to, imposing covenants and the registration of restrictions about users.

(3)  For the purposes of this clause, affordable housing means housing for very low income households, low income households or moderate income households.

 

 

All matters raised in Clause 6.7 have been given consideration. A demand for affordable housing within Byron Shire is acknowledged.

 

A condition has been included to require the provision of three dwellings as affordable housing as proposed, and for the housing to be managed by a social/community housing provider (as defined under Part 1 Clause 6 of the AH SEPP).

 

 

Yes

 

 

Byron Local Environmental Plan 2014 - Issues

 

Mullumbimby Heritage Conservation Area

The subject site is located within the Mullumbimby Heritage Conservation Area. A large number of submissions raised concerns that the proposed development was not compatible with the character of the area. A Heritage Impact Assessment was submitted with the application, this was referred to Council’s Heritage Advisor for comment.

 

The applicant submitted amended plans to Council on 17 May 2016 to address the issues raised by Council’s Heritage Advisor. Following a review of the amended plans Council’s Heritage Advisor has concluded as follows:     

 

“The revised development is not likely to adversely impact upon the heritage significance of the Conservation Area for the following reasons:

·    The subject site and existing building does not demonstrate any individual heritage significance.

·    The buildings are single storey and would not dominate the Stuart Street streetscape or the laneway.

·    Their bulk, form, and scale are not excessive in relation to surrounding development.

·    The overall bulk and scale is equivalent to two modest sized single dwellings.

·    This is comparative with dual occupancy developments which is a permissible and established form of development occurring within the Conservation Area.

·    The proposed materials, colours, finishes and detailing are complementary to the

context of the Conservation Area.

·    The proposed Unit 1 addressing Stuart Street frontage is designed to complement the character of the streetscape and retains a traditional landscaped setback. The rear wall of Unit 10 maintains a traditional type of appearance to the laneway.

·    The rear car park will not dominate the laneway as it is well screened by a 3m depth of landscaped area which can support substantial mature trees.

Recommendations

1.       That the road reserve informal parking area on Stuart Street is maintained as a grassed verge with additional street tree planting as proposed.

2.       That an advice is also provided advising the owners of the consent requirements of Clause 5.10 of the LEP. This would highlight the need to apply for any proposed future changes to fabric, finish and appearance. This advice will be useful in controlling any potential adverse impacts from any future changes of colour schemes which may not be sympathetic to the setting of the CA.

Reason: To ensure that the proposed development will not adversely impact upon the assessed heritage significance and setting of the Mullumbimby Heritage Conservation Area.”

 

Draft EPI that is or has been placed on public exhibition and details of which have been notified to the consent authority

 

A relevant draft Environmental Planning Instrument has not been identified for this proposal.

 

 

3.3     DEVELOPMENT CONTROL PLANS

 

The proposed development does not achieve strict compliance with various controls contained within Byron DCP 2014 however in most cases these matters are not able to be used as grounds for refusal pursuant to Clauses 13 and 14 of AH SEPP.

 

Chapter B3 Services

The site is adequately services with all necessary infrastructure including water, sewer, stormwater and access. Conditions of consent to apply.  

 

Chapter B8 - Waste Minimisation and Management

The applicant has submitted a Site Waste Minimisation and Management Plan comprising 2 x 1100 litre skip bins for general garbage and recycling along with 2 x 240 litre green waste wheelie bins. An adequate waste storage area has been proposed adjacent to the rear parking area. Green bins are to be collect from the Stuart Street frontage while the skip bins are to be collected from McGoughans Lane. The Proposal is consistent with Chapter 8. .

 

Chapter B9 - Landscaping

Landscaping and open space has been provided in accordance with the AH SEPP and is considered satisfactory. A condition of consent is recommended requiring a detailed landscape plan to be submitted with the construction certificate.

 

Chapter C1 Non Indigenous Heritage

The subject site is located within the Mullumbimby Heritage Conservation Area. The proposed revised plans break the building into two separate smaller parts and maintain a pitched roof design which is considered to be satisfactory in the context of the Heritage Conservation Area. Comments from Council’s Heritage Advisor are included in Byron LEP 2014 section of this report. 

 

Chapter E3 - Mullumbimby

The proposal is considered acceptable in terms of the bulk scale and character provisions of the DCP as they relate to infill development. (E3.2, E3.3 and E3.4)  In particular, from the street, the proposal will appear similar to other dwellings in Mullumbimby replicating the height, bulk and scale of established dwellings with a front verandah, whilst landscaping of the rear boundary will assist with screening the car parking areas from the public domain.    

 

Chapter D1 - Residential Accommodation in Urban, Village and Special Purpose Zones

 

Control

Assessment

D1.2.1 Building Height Plane

 

The proposed development is able to comply with the BHP adjacent to each boundary.

D1.2.2 Setbacks from Boundaries

 

The revised plans have increased the proposed front setback to 6.5 metres.  The proposed car park incorporates a 3.0 metre setback to McGoughans Lane. The minimum side boundary setback is 1.935m.  The proposal complies with the setback provisions

D1.2.4 Character & Visual Impact

Amended plans have been submitted by the applicant following recommendations from Council’s Heritage Advisor. The revised plans divide the building into two parts separated by a distance of 4.52 metres.

 

The proposed pitched roof design is considered to be compatible with the character of other development within the immediate area.

 

D1.2.5 Fences

 

A condition has been included to require boundary fencing along the northern, southern and western boundaries to be of lapped and capped hardwood timber construction. Front boundary fencing (including side return fencing, that being sides located between the front building line and the front boundary to Stuart Street) is to be a maximum of 1.2 metres in height and incorporate plain heritage style picket fencing. 

 

D1.2.7 Pedestrian and Cycle Access

 

The proposed development provides connectivity to the local footpath network. The site does not have frontage to the local bicycle network.

D1.6.1 Private Open Space Courtyards

 

D1.6.3 Landscaping

Small courtyard areas are proposed for each dwelling for private open space purposes. Although smaller than the minimum area under the DCP, it is considered the courtyards are adequate for the one bedroom dwellings proposed, having regards to the performance criteria underpinning this design element. A concept landscape plan has been submitted and is considered acceptable, subject to a detailed plan being submitted with the construction certificate.

D1.6.4 On-Site Car Parking

 

In accordance with the AH SEPP at least 0.5 parking spaces are provided for each dwelling containing 1 bedroom. A total of 5 parking spaces are provided for the proposed 10 single bedroom dwellings.

 

D1.6.6 Clothes Drying Facilities

 

An acceptable external clothes drying area is available for each dwelling at ground level.

D1.6.7 Equity of Access and Mobility

 

 

The proposed development incorporates one (1) adaptable housing unit (Dwelling No.1) with a single storey design and widened doorways. An accessible parking space has not been proposed.

 

 

 

3.4       The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

 

It is considered that the proposal will have no significant detrimental effect relating

to environmental, social or economic impacts on the locality, subject to appropriate

conditions being imposed.

 

3.5     The suitability of the site for the development

 

The proposal will provide much needed accommodation for singles and couples within close walking distance to the centre of Mullumbimby. The site is considered suitable for the proposed affordable housing development.

 

3.6     Submissions made in accordance with this Act or the regulations

 

The application was notified in accordance with the Level 2 procedure within Council’s DCP 2014. Council’s received ninety (90) submissions plus an online petition with 1177 signatures objecting the development. Following is a summary of planning matters raised in the submissions.

 

Issue

Comment

The size, bulk, scale and density of the proposed development is considered to be inconsistent with the streetscape and existing development within the immediate area and the Mullumbimby township.

 

The proposal complies with Council’s setback and building height plane controls. The provision of floor space partially within the roof space has acted to reduce the visually apparent bulk of the buildings.

 

The subject site has an area of 897m2. Council’s LEP 2014 specifies the minimum lot size for multi dwelling housing development is 1000m2 the proposal does not comply with the requirement.

 

The AH SEPP specifies that the minimum lot size is 450m2 for Affordable Housing of this kind.

The proposed development incorporates a long single structure containing 10 dwellings this is not consistent with development in the R2 Low Density Residential Zone. There are too many dwellings for the size of the block.

 

Amended plans were submitted by the applicant to reduce the floor area of the proposed dwellings and break the building into two smaller parts (whilst maintaining a total 10 dwellings).

 

The proposed Floor Space Ratio of the development is 0.58 and exceeds the LEP 2014 maximum of 0.5:1. The proposed development should be reduced in size to comply with this requirement. The proposal represents a gross overdevelopment of the site.

 

The AH SEPP increases the maximum permissible FSR to 0.8:1. The proposed FSR of 0.58 is below this maximum.

The proposal to provide five (5) parking spaces is insufficient parking to service ten (10) dwellings. This will create an overflow of parking on Stuart Street which does not have capacity. There should be at least one parking space per dwelling.

 

Five parking spaces have been provided compliant with the AH SEPP.  

 

McGoughans Lane is a narrow single lane accessway and will not cope with the additional traffic generated by the proposal. The laneway is in bad condition.

 

It is acknowledged that McGoughans Lane to the rear of the property is only a gravel pavement. Council’s Development Engineer has advised the laneway will require upgrading.  The laneway in front of the property is required to be upgraded to bitumen and be extended to the existing bitumen sealed road at either the north or south of the site.

 

The proposed ten units are located within the Mullumbimby Conservation Area and in proximity of a number of Heritage Items. Concerns the proposed development is not consistent with the heritage character of Mullumbimby and existing town architecture.

 

The proposal does not comply with the aims or requirements of Byron Development Control Plan 2014 Chapter relating to Non-Indigenous Heritage Section C1.6.8 Mullumbimby Conservation Area.

 

Concerns the proposal is also inconsistent with DCP 2014 Chapter E3 Mullumbimby. The Development Application has not demonstrated that:

the character, bulk, scale and density of proposed development will be compatible with and will enhance the low rise character and scale of Mullumbimby, its built environment and its surrounds,”

Council’s Heritage Advisor considers  the revised development is not likely to adversely impact upon the heritage significance of the Conservation Area. See the Byron LEP 2014 - Issues section of this report for further details.

The existing dwelling house on the site is older than claimed in the Development Application material. Where demolition of a building in a heritage conservation area is approved it will generally conditional upon preparation of an archival recording of the building and site.

 

Council’s Heritage Advisor has assessed the proposed existing dwelling to be 1950’s era and advised “Removal of this dwelling is not likely to have any adverse impact upon the significance of the Conservation Area”. In this instance a condition to require archival recording has not been recommended by Council’s Heritage Advisor.

 

DCP 2014 Section C1.6 Special Guidelines – Heritage Conservation Areas. Development in all areas must remain single storey (apart from land zoned B2 in Bangalow Heritage Conservation Area) in height to maintain the visual character and unity of the streetscape.

 

This provision of DCP 2014 relates to heritage conservation. The proposed development incorporates an attic type level predominantly within the roof space of the building. Council’s Heritage Advisor has not raised objection to the proposed design including the level within the roof space. Byron LEP 2014 sets the maximum height limit for the subject site as 9.0 metres, the proposal complies with this requirement.

 

Concerns the proposed 1.2 metre high fence along the western boundary of the proposed development is not consistent with the heritage character of Mullumbimby.

 

Council’s Heritage Advisor has raised no objection to the proposed front fencing adjacent to Stuart Street.

The proposed development will set an undesirable precedent for future development in Mullumbimby.

 

Each development application is required to be assessed according to its own individual merits. The proposed development is not considered to be incompatible with existing residential development within the Heritage Conservation Area. 

 

The proposed two-storey dwellings will detract from the privacy of neighbouring properties. Screening the property with vegetation will not mitigate the loss of privacy for the residents at 114 and 118 Stuart Street. Views from upper windows on the northern elevation overlook the sough facing bedroom windows of the dwelling at No.116 Stuart 

 

The proposed narrow, roof level, windows are setback inside the Building Height Plane. These windows have a sill height 2.3 metres above the upper floor level which prevents views into neighbouring properties.

 

The close proximity of the development to neighbouring dwellings will result in noise disturbance from commercial garbage collection, increased vehicle movements, outdoor entertainment/living areas and animal noise.  

 

The proposed residential use of the premises is consistent and compatible with existing residential development. Should any offensive noise emanate from this development this will be treated, as any other residential premises, in accordance with the Protection of the Environment Operations Act 1997.

 


 

The proposal has not adequately considered stormwater on the subject site and on Stuart Street and McGoughans Lane. Existing stormwater drains overflow in the laneway and street. Concerns regarding additional flooding of street and rear lane open drain, ponding of water and health issues.

 

 

A recommended condition of consent requires stormwater detention to be provided on-site in order to manage stormwater runoff from the development. Suitable engineering details will be required to manage stormwater prior to issue of a construction certificate for the development.

 

Concerns regarding the 1.8 metre timber paling fence between the subject site and No.114 Stuart Street. Having regard to noise impacts this fence is inadequate in terms of construction material. Lapped and capped hardwood fencing on this boundary is requested.

 

Request for existing brick wall on northern boundary requested to remain and be extended between No.118 and subject site at No.116 Stuart Street.

 

A condition has been included to require boundary fencing to the northern and southern boundaries (behind the front building line) to be of more solid lapped and capped hardwood construction.

Concerns the proposed dwellings are more likely to contain two bedrooms minus a door to the second upstairs bedroom. The proposed dwellings have an area of approximately 50m2

 

Under SEPP (Affordable Rental Housing) 2009 if the proposal was to be for 2 bedroom dwellings the minimum floor area for those dwelling would be 70m2. The proposed development would be 19m2 short of comply with SEPP (Affordable rental housing) 2009.

 

The potential for 20-40 people to occupy one block of land.

 

The proposed upper floor plan specifies that only one Bedroom is proposed. It is acknowledged that the floor plan for the upper level does contain a partially open Study area however consent has not been sought for the use of this area as a separate bedroom.

 

Should any proposed dwelling clearly contain two bedrooms, the minimum floor area required under the AH SEPP is 70m2

 

It is acknowledged that potentially these dwellings could each be occupied by two adults.

 

Concerns regarding noise from pumps servicing rainwater tanks. Acoustic enclosure to prevent noise impacts requested. The potential for 20-40 people to occupy one block of land.

 

The proposed plans do not include rainwater tank details. In the event any kind of pump is proposed to be installed the proposal will be required to comply with the noise limitations of the Protection of the Environment Operations Act 1997.

 

State Environmental Planning Policy (Affordable Rental Housing) 2009 allows for densities designed for inner city living not rural towns.

 

The AH SEPP is applicable to all of NSW. It is noted that only minor variations in the AH SEPP controls are provided to distinguish between the Sydney Region and other regional areas.

 

The proposed development is an incompatible type of housing and contrary to the values of the community.

 

Affordable Housing is encouraged in Byron Shire in accordance within Byron LEP 2014 Clause 6.7.

    

Concerns regarding security and potential for increase in crime in the local area.

 

No evidence has been submitted to suggest the future occupants of the proposed development will cause an increase in crime in the area.

 

Concerns regarding lighting impacts from 10 dwellings.

 

Lights for the proposed dwellings have not been shown on the proposed plans. A condition has been included to require all external lighting must be installed in accordance with AS4282-1997: Control of the obtrusive effects of outdoor lighting.

 

The proposal will result in devaluing of properties.

 

This is not a matter for consideration under Section 79C of the EPA Act 1979.   

The elderly or disabled people are not suited to the proposed dwellings as they are of two-storey design with facilities over two levels. Steep internal stairs are not suitable.

 

The proposed development includes a single dwelling to be provided as accessible housing in accordance with Council’s DCP 2014. It is acknowledged that the proposed nine (9) two-storey dwellings would not be suitable as accessible housing.

 

Concerns regarding insufficient space for waste collection on Stuart Street with up to 20 bins to be put out each week. The proposal shows 2 x 100 lire and 2 x 240 litre bins located at the rear of the property with the collection point being McGoughans Lane a narrow unsealed laneway.

The proposal bin storage and management of waste is considered acceptable as discussed above.

 

Loss of light and overshadowing for property to the south of the site. The shadow diagrams submitted by the applicant do not satisfy the SEPP (Affordable Rental Housing) 2009 for mid winter 22nd June.

 

The proposed development complies with the building height plane control and is well below the maximum height limit. In these circumstances the proposed level of overshadowing for neighbouring properties is considered to be acceptable.

 

Solar access to the living areas and private open spaces of the proposed dwellings is assessed to satisfy AH SEPP requirements.

 

Support for the development of affordable housing in Byron Shire and the increase in affordable housing stock. The demand for well located, long term affordable housing for singles and couples in Mullumbimby and the greater Byron Shire is well documented, as evidenced in the Byron Shire Council Affordable Housing Options Paper 2009.

 

Noted.

Byron LEP 2014 states that residential accommodation is prohibited in the R2 Low Density Residential Zone. 10 units must be regarded as residential accommodation.

 

Byron LEP 2014 specifies that multi dwelling housing is permissible with development consent within the R2 Low Density Residential Zone.

 

Concerns that only 3 of the 10 proposed dwellings are to be provided as affordable housing.

 

The AH SEPP provides FSR incentives based on the proportion of overall floor space provided as affordable housing. Council planning controls do not require a specific minimum amount of floor space to be provided as affordable housing.

Concerns regarding the proposed floor to ceiling height for the upper level.

 

Prior to issue of a construction certificate for the development the proposed floor to ceiling height will be required compliance with the Building Code of Australia.

The proposed development is contrary to the public interest as is evident from the number of people who have supported an on-line petition against the proposal.

 

The proposal has generated a number of submissions. The provision of affordable housing for singles and couples is unlikely to prejudice or compromise the public interest.

 

 

3.7     Public interest

 

It is considered that the proposal will have no detrimental effect on the public interest, subject to appropriate conditions being proposed.

 

4.       DEVELOPER CONTRIBUTIONS

 

4.1     Water & Sewer Levies

 

The proposed development will generate a nexus to levy water and sewer headworks charges in accordance with Council’s fees and charges, conditions have been included.

 

4.2     Section 94 Contributions

 

Council’s Section 94 Officer has advised the applicant’s statement does not request a waiver or deferral of the S94 Contributions. This proposal will increase the demand for public facilities and amenities and a condition of consent requiring the payment of contributions is required. 

 

5.       CONCLUSION

 

The proposed affordable housing development will provide additional housing for singles and couples in the form of one bedroom units. The development is within close walking distance to the town centre of Mullumbimby reducing car dependency for residents. The bulk, scale and height of the proposal is considered to be compatible with the heritage character of the locality, and no adverse environmental impacts are anticipated from the development of the site. The proposed development is recommended for consent subject to conditions.