ATTACHMENT 1CL…..REGULATORY

Application /  / DA03-2069– 530 to 532 Woodville Road, Merrylands.
The application is referred to Council due to the numbers of submissions received.
Proposed Development /  / Demolition of two detached dwelling houses and the erection of a part three/ part four storey mixed uses building above basement level car parking, comprising two ground level shops fronting Woodville Road and 28 residential units behind and above (5x1, 20x2 and 3x3 bedroom units, 158m² of commercial floor area).The proposed development would have a floor space ratio of 0.98:1.
Description of Site /  / The subject land is a mid-block site with an east-west orientation. At present, the site is occupied by two dwelling houses, each on their own title. The existing buildings are considered to be of no major significance to the existing streetscape and have no heritage or conservation integrity. No objection is raised to their demolition.
Woodville Road is currently undergoing significant change with the older dwelling stock of the area progressively being replaced with medium-high density mixed use developments.
The area behind and opposite the development site is zoned Residential 2(b). This zoning allows for multi-unit housing (townhouses).
The site is adjoined to the south and north by single storey detached dwelling houses, with a number of two storey dwelling houses also located throughout the area.
Woodville Road is a major six lane arterial road that provides a vital link from the Hume Highway to Parramatta. The noise generated by the constant traffic is a constraint to the development of the site. An acoustic report submitted with the application indicates appropriate measures to mitigate this impact.
The site falls less than one metre fromsouth to north (along Woodville Road) and two metres from east to west (towards the dwelling houses located to the rear fronting Chamberlain Street).
The site is zoned to permit Mixed Use Development and the design response is considered an appropriate response to the site and its immediate locality, as this report will demonstrate.
Planning Controls /  / Environmental Planning & Assessment Act, 1979
The proposal is Integrated Development and the Roads and Traffic Authority of NSW is also a consent authority in respect of the driveway component of this application.
Parramatta LEP 2001
The site is located upon land zoned Mixed Uses 10 and the proposal is permissible with the consent of Council.
Parramatta DCP 2001
The proposal is subject to the controls of PDCP 2001, including those for the Woodville Road mixed use zone.
Background /  / This application was lodged on 19 November, 2003. There is no background of relevance to the proposal, other than in respect of the rezoning of the land to permit this form of development and a pre-DA meeting with Council officers.
Issues /  / Rear Setbacks
DCP 2001 requires a rear setback for the purposes of soft soil area and associated landscaping. This area is required to be a minimum of 30% of the depth of the site. With side boundaries measuring 89.17 metres on the northern side and 88.53 metres on its southern side, this requires a rear boundary setback of 26.5-26.75 metres. The proposal has a setback from the rear boundary of between 22.8-24.6 metres, representing 25.5-27.8% of the depth of the site.
Section 5.7 of the DCP requires this 30% rear setback for mixed use development within the Woodville Road area. It then refers to the ‘general controls for soft soil requirements’, which outline a 15% setback to be entirely utilised as the soft soil zone. In this instance, the entire setback would be provided as a soft soil zone. This satisfies the general principles for development and would provide 30% of the site area to be provided with a soft soil zone at the rear of the site. The applicant also proposes some soft soil between the two buildings and adjacent to the northern boundary of the site.
The non-compliance is considered acceptable as the underlying objective behind the setback requirement relates to the provision of soft soil area and sufficient communal open space rather than in relation to solar access or privacy issues (which are governed by the 12 metres separation rule). Furthermore, the extent of soft soil zone provided at the rear of the site complies with the numerical requirements prescribed by the DCP.
Integrated Development
The Roads and Traffic Authority have issued its General Terms of Approval. These will be included in the development consent.
SEPP 65 – Design Quality Principles
Context
The design is considered to respond and contribute to the context of the desirable future character as stated in planning and design policies. The new buildings will thereby contribute to the quality and identity of the area.
Scale
The scale of the proposal is considered to be appropriate in terms of the bulk and height, suiting the desired future character of the Woodville Road mixed use zone and having regard to the numerical controls relevant to the site and the locality.
Built Form
The design of the proposal would achieve an appropriate built form for the site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements. The public domain is well defined and private areas are clearly distinguished from communal and public areas. There would be no adverse impact on views and vistas and the proposal would provide appropriate internal amenity and outlook.
Density
The proposed density is considered appropriate for the site and its context, in terms of floor space yields, number of units and likely number of future occupants.
The proposed densities are sustainable and consistent with the stated desired future density, responding to the regional and local context, availability of infrastructure, public transport, community facilities and environmental quality.
Resource, Energy and Water Efficiency
The design makes efficient use of natural resources, energy and water throughout its full life cycle, through high energy rating, soil zones for vegetation and cross ventilation of units.
Landscape
The proposal would ensure that landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain in accordance with the requirements of SEPP 65. The proposal and its landscaping would contribute to the positive image and contextual fit through respect for streetscape and desired future character. Landscape design should optimise useability, privacy and social opportunity within the development and appearance from the street.
Amenity
The proposal responds well in terms of appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility.
Safety and Security
As far as is reasonably possible, the proposal would maximise overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location and desired activities, and clear definition between public and private spaces. Some of these issues are addressed by way of appropriate conditions of consent.
Social Dimensions
The proposal optimises the provision of housing to suit the social mix and needs for the desired future community.
Aesthetics
The proposal is considered to be appropriate in terms of the composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development.
The building quality is considered to respond to the environment and context, particularly to a positive contribution to the desired future character of the area.
Notification /  / The proposal was notified for a period of 21 days between 21 January and 11 February, 2004. Nineteen surrounding property owners were notified of the proposal and a total of five objections were received in response.
The issues raised by the objectors and considered in the assessment relate to:-
Zoning
Objectors have raised the issue that the rezoning which has occurred along Woodville Road is flawed.
Comment:
The zoning, and subsequently the permissible land use, is governed by a gazetted environmental planning instrument. The appropriate forum to question aspects of the zoning is not within the assessment process of a development application. The proposal is permissible within the lawful zoning of the land.
Traffic
Residents have raised concerns in respect of the potential increased traffic generation resulting.
Comment:
The proposal was assessed by Council’s Traffic Engineer and the Roads and Traffic Authority and deemed to be an appropriate scale of development for the site.
In isolation, this development is not likely to add significantly to traffic volumes within the area. Cumulatively, the redevelopment of Woodville Road is likely to have a noticeable impact on traffic within the area. However, given the arterial road status of Woodville Road and its width of 6 lanes (3 lanes each direction), it is considered that it has the capacity to absorb additional traffic resulting from the redevelopment occurring within the area.
Local streets would have to cope with additional vehicles travelling from the north (no right turn into the site, due to a median strip), whilst vehicles coming from the south would have direct access into the site and would have no significant impact on the local street network.
Noise for occupants
Residents have raised concerns that future occupants would be exposed to high noise sources arising from proximity to Woodville Road.
Comment:
It is acknowledged that there are times where vehicular noise emanating from traffic on Woodville Road may be uncomfortable for some people. The applicant is aware of this and has introduced design mechanisms to ensure that the noise is eliminated or controlled. These include durable and appropriately insulated building materials, particularly at the eastern façade of the building. This matter is addressed further by way of conditions in the recommended development consent, recommended by both the Council officers and the Roads and Traffic Authority.
Increased noise
Residents have raised concerns in relation to the noise which would emanate from the site.
Comment:
The site is zoned Mixed Use and allows for commercial/retail and residential uses amongst other things. It is not expected that the proposed use of the site will generate noise levels beyond that usually expected from such development. As a condition of consent requires further development applications to be submitted for the retail/ commercial use, the impact of noise from these tenancies will be able to be assessed at that time. It is recognised that some noise and vibration will be generated during construction works.
To minimise impacts the recommendation of this report contains standard conditions with respect to hours of construction and noise levels during construction.
Crime
Some nearby residents are concerned that additional development in the area would bring about an increase in local crime.
Comment:
Although there is no evidence relating to potential crime as a result of such a development, it is considered that increasing the population within this area and providing a more active street frontage would ensure greater surveillance of the public domain. Concern about the type of commercial or retail use to occupy the ground floor will be addressed at future development application stage.
Supply and demand for services
Nearby residents have raised concerns that there is no need for additional shops within the area.
Comment:
The area is growing and following redevelopment of the Woodville Road strip, there will be an increase in people living within the area. The use of the ground floor commercial or retail premises has not been established at this time, but market forces will influence the type of use that would be best suited to this location.
Parking
Residents are concerned with the prospect of reduced availability of on-street parking.
Comment:
Depending on the extent of future development, Council may wish to pursue the viability of introducing resident parking schemes for surrounding streets. This may be more appropriate in the future than at the present time.
Visual privacy
Residents are concerned in relation to the possible loss of visual privacy.
Comment:
It is acknowledged that some incidence of overlooking is likely as a result of the redevelopment of properties located within the Mixed Uses zone of Woodville Road. The extent and reasonableness of such overlooking can be controlled somewhat by design features within the development and appropriate setbacks. In this case, the proposed buildings would have sufficient setbacks to ensure that overlooking potential is not unreasonable.
Windows facing west upon the rear building, would have windows with a sill height of 1.8 metres, offering western light into adjoining bedrooms, whilst ensuring the privacy concerns in this direction are mitigated. To the south –west and north-west, privacy would be controlled by distance factors with the building being located in excess of 20 metres from those rear boundaries.
Property values
Residents within the area are concerned about the possibility of lower of property values resulting from this development proceeding.
Comment:
Although not a valid planning consideration, there is no evidence to suggest that this would be the case, considering the zoning of the land and the absence of any significant impacts on the amenity of surrounding residents.
Vacancy rates
Surrounding residents have raised concerns that there would be an impact on rentals in the area, for residential and non-residential purposes.
Comment:
Council has no input as to whether individual properties are owner-occupied or leased.
Furthermore, there is no evidence to suggest that granting consent to this application would have any direct impact on the ability of other properties to be leased within the area.
Air and noise pollution
Adjoining residents have raised concerns that there would be air and noise pollution from air-conditioning units.
Comment:
Individual air-conditioning units and any other form of mechanical ventilation or exhaust system would need to comply with the relevant Australian Standards in relation to noise and other emissions.
Character
Residents are concerned that the character of the area would be compromised as a result of the proposal.
Comment:
The proposed buildings would be completely different to the type of historical development which has occurred within the area. However, the proposal is in accordance with the desired future character of the Woodville Road mixed use area and satisfies the relevant zone objectives.
Disabled access
Residents are concerned that the proposed building would have no disabled access provided.
Comment:
The building to Woodville Road would be provided with a lift, enabling satisfactory access to the upper floors from ground level and the car park.
The three storey building to the rear would be ‘walk-up’ only, but would have adaptable units provided at ground floor level. The proposal in this regard satisfies relevant disabled access requirements.
Design
Some residents have commented on the design aspects of the proposal, claiming that it would be a poor outcome.
Comment:
The proposal has been refined from earlier schemes and is considered to be of satisfactory design, generally complying with Council’s adopted controls and policies. Council’s file report contains an assessment of the proposal against the ten design quality principles prescribed by SEPP 65, where it is concluded that the proposal is satisfactory in this regard.
Height, bulk and scale
Some nearby residents claim that the height, bulk and scale of the proposal would be out of character with the surrounding area.
Comment:
The building would present four storeys to Woodville Road and three storeys to the rear. This is within the parameters of the controls prescribed by Parramatta DCP 2001. The upper floor of the building would be stepped back between 4.2-6.8 metres from the front boundary in order to reduce the visual impacts.
Outdoor recreation space
Some residents claim that the proposal would provide insufficient outdoor recreation space for future occupants.
Comment:
The extent of communal open space exceeds Council’s minimum requirements. Soft soil zones are to be provided at the rear of the site (820m²) as well as an additional area to be located between the two new buildings, in the form of soft soil zone and raised landscape area within the 12 metres setback, for full width of the site (approximately 360m²).
In addition to this, each unit above ground level would be provided with two balconies, with those on the ground being afforded private courtyards, each exceeding 30m².
Setbacks
Residents objecting to the proposal claim that front, side and rear setbacks do not comply with the requirements of Parramatta DCP 2001.