ordinary meeting of council to be held on tuesday, 26 april 2005 at ...

Ordinary Meeting <strong>of</strong> Council - 26 April 2005 1 / 7
1, 3, and 5 Lynbara Avenue and
12 Porters Lane, St Ives
Item 1 1219/04
1 April 2005
T O D Hughes 6 Shinfield Avenue, St Ives 2075
Ms K Robbins 1/18 Stanley Street, St Ives 2075
Mr & Mrs E Turner 3/16 Stanley Street, St Ives 2075
Mr and Mrs L Clavin 14/18-22 Stanley Street, St Ives 2075
Dr S Brandl 9/18-22 Stanley Street, St Ives 2075
Mr R and Mrs P Lawson 8/18-22 Stanley Street, St Ives 2075
Mr W and Mrs M Harper 3/2 Stanley Street, St Ives 2075
Mr R Heinrich Royce Gregory Investments 8 Stanley Close, St Ives 2075
Ms E Y Medina-Malaver 1/4 Maclaurin Parade, St Ives 2075
Mr J Livanas 50 Athena Avenue, St Ives 2075
J R O'Keefe 5/16 Stanley Street, St Ives 2075
D S Yorath 120-124 Rosedale Road, St Ives 2075
The submissions raised the following issues:
Council should have never allowed these properties <strong>to</strong> <strong>be</strong> rezoned for 5 s<strong>to</strong>reys, as it is right
up against a single s<strong>to</strong>rey villa development, and it will result in overlooking from the
apartments in<strong>to</strong> the villas. A two s<strong>to</strong>rey <strong>to</strong>wnhouse development would have <strong>be</strong>en more in
keeping with the streetscape and the general character <strong>of</strong> the area.
It was never the intention <strong>of</strong> this Council or Council <strong>of</strong>ficers <strong>to</strong> have a five s<strong>to</strong>rey apartment
buildings in this area. It was acknowledged in the rezoning his<strong>to</strong>ry, earlier in the report that Council
<strong>of</strong>ficers considered that these four properties, <strong>be</strong>ing in close proximity <strong>to</strong> a num<strong>be</strong>r <strong>of</strong> SEPP 5 and
similar <strong>to</strong>wn houses and villa style developments, should <strong>be</strong> rezoned for two s<strong>to</strong>rey <strong>to</strong>wnhouses.
The site was, however, rezoned <strong>to</strong> <strong>be</strong> 2(d3) under LEP 194.
It is accepted that some degree <strong>of</strong> overlooking is inevitable, as this section <strong>of</strong> the proposed building
faces north-west and also has the longest boundary. It is also quite possible that the applicant could
have located the residential flat building only 6 metres from the villa development in terms <strong>of</strong> DCP
55. However, the building is set back <strong>be</strong>tween 9 and 14 metres <strong>to</strong> allow significant vegetation and
trees (Turpentines) which will <strong>be</strong> able <strong>to</strong> reach a mature height <strong>of</strong> 13 m or more. Council’s Urban
Design Consultant stated that definitions for building footprint and building height in LEP 194
make reductions in height <strong>to</strong> 2 or 3 s<strong>to</strong>rey impossible. However, a <strong>be</strong>tter relationship <strong>be</strong>tween the
single s<strong>to</strong>rey villa homes <strong>to</strong> the north and the proposed building in the central section on the
building has <strong>be</strong>en achieved through amendments <strong>to</strong> provide further articulation <strong>to</strong> the north-west
façade which faces the villa development and also allows for additional screen landscaping <strong>to</strong> <strong>be</strong>
established.
Mere compliance with the numeric standards does not ensure compliance with the
performance objective. In terms <strong>of</strong> the potential impacts on the visual and acoustic amenity
<strong>of</strong> the adjoining dwellings, this proposal represents an overdevelopment <strong>of</strong> the site.
The merits <strong>of</strong> the development have <strong>be</strong>en considered within this report. In summary, the
application is satisfac<strong>to</strong>ry having regard <strong>to</strong> the provisions <strong>of</strong> s79C <strong>of</strong> the Environmental Planning
and Assessment Act, 1979.
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