Attachement 1 Cl Regulatory

Attachement 1 Cl Regulatory


Purpose / To determine Development application No 1379-2003 – 39 Bellevue Street, North Parramatta
The application has been referred to Council due to the number of submissions received.
Proposal / Demolitionof the existing dwelling and construction of 6 x two storey townhouses with a basement car park for 9 cars. The development contains 3 x 2 bedroom and 3 x 3 bedroom townhouses
The proposed development is in the form of two rows. The proposed development has an FSR of 0.6:1.
Site and Locality / The site is located on the southern side of Bellevue Street, between Buller and Macarthur Streets. The site is presently occupied by dwellings. The site has a frontage of 18.105m, and a depth of 60.98m, with a total sitearea of 1104m2.
Development within Bellevue Street consists primarily of single residential dwellings. Council earlier this year approved at No 41 Bellevue Street the construction of6x 2 storey townhouses in two rows.
Background /  / The application was submitted to Council 5 July 2003. The original development resulted in several non compliances with Council’s DCP. Council received amended plan on 29 September 2003 that complied with the requirements of the DCP. The amended plans were notified between 8 October 2003 and 29 October 2003, where Council received 5 submissions. A further set of revised plans were submitted on the 26 October 2004 address some of the concerns raised by the objectors and to comply with the requirements of the DCP.
The proposed development also relies on the owner obtaining an easement to the rear.An agreement from the owner of No 41 Bellevue Street was received by Council on 4 May 2004.
Statutory Controls /  / LEP 2001 – controls of relevance:
  • Residential 2(b) zone – multi-unit housing permissible with development consent.
DCP 2001 – controls of relevance
  • To ensure development respects and integrates with the site and the surrounding built environment and environment and enhances residential amenity.
The application complies with Council’s objectives and numerical controls under LEP 2001 and DCP 2001
Consultation /  / The application was advertised from 8 October 2003 to 29 October 2003. 5 submissions were received during this period (with 1 letter containing 5 signatures) were received during the notification period. The issues raised in these submissions are as follows;
1. “Privacy in my backyard and dining room”
The balcony in question is located on the first floor of unit 4. Access to the balcony is from bedroom 1 and the balcony is setback 5m from the side boundary. The balcony has a depth of 1 metre and is not to be an area that would be used much due to its siting off a bedroom. Nevertheless, a condition is to be included in the consent requiring the erection of a privacy screen on the balcony to ensure the privacy to the adjoining dwelling is not compromised.
2. “Sunlight into my backyard and into my home.”
The proposed development complies with the solar access requirement of the DCP. The adjoining property will received pergolas of solar access greater than the 2 hours minimum required between 9.00am and 3.00pm in midwinter. The amended plans that were received by Council 26 October 2004 have reduced the setback of unit 1 to Bellevue Street. This reduced setback results in greater periods of solar access being provided to the adjoining property.
3. “Noise pollution – not only from all six townhouses, but especially from the townhouses in direct proximity to my villa. I do not wish to hear the noise from TV and/or music and mostly, I do not wish to hear people on their balconies.”
The proposed development is not expected to generate any additional further neighbourhood noise that you would expect find in residential zone. The buildings will be constructed from double brick which will mitigate noise impacts. As stated above thebalconies are located off bedrooms and have a depth of 1 metre, which will ensure that the balconies are used for recreation purposes.
4. “Entry to garage is directly next my fence”
The entry to the basement is setback 1.5m from the boundary and this area landscaped to reduce any impact on the amenity of the adjoining development.
5. “Bellevue Street has no townhouses at the moment and is mostly classified as zone 2(A) (residential, single dwellings only) therefore this development is out of character with the rest of the street and does not suit the street.”
The subject site and the immediate area is zoned residential 2(b) which encourages medium density housing. There are several townhouse developments that have been approved and already exist within the area.
6. “This development of 6 townhouses is too many for the relatively small block of land resulting in the town houses being small block of land resulting in the townhouses being too high and narrow where viewed from the street.”
The proposed development complies with the objectives and the numerical requirements required by the DCP. The proposal is in keeping with the future desired character of the area.
7. “I wish to object to an easement being placed on the side boundaries of my property at 52 Belmore Street, NorthParramatta.”
The proposed easement is through No 41 Bellevue Street, and not No 52 Belmore Street.
8. “The increase in noise due to subsequent increase in traffic flow.”
The capacity of all areas zoned 2(b) to cope with additional traffic was reviewed recently by independent consultants on behalf of Council. While the development will create additional traffic the existing street system will be capable of accommodate that traffic and will not substantially increase the noise in the area.
Issues /  / Amenity to Unit 1
Unit 1 is located over the driveway to the basement car park. Due to the unit being located above the driveway, the floor level of this unit is higher than the two other units that face Bellevue Street The amenity of this unit would be compromised in that access to the unit is via set of long stairs over the basement car park, and the sizes of the bedrooms are small. The car headlights entering the basement will reflect into this units and the operation of the garage door will impact on the amenity of occupants this unit.
To resolve these issues it is recommended that the unit be deleted and be replaced with landscaping and a pathway to the rear townhouse. As the proposal requires the deletion of a unit it is recommended that a deferred commencement consent be issued to enable the submission of revised architectural plans prior to the release of the approval.
The proposed development has 3 dwellings fronting onto Bellevue Street. Two are conventional terrace style dwellings located at ground floor while the third is elevated more than 2 metres higher than the other units and suspended over the basement driveway entrance. The front door of this dwelling is accessed via a flight of stairs from the front setback. The suspended dwelling would disrupt the existing streetscape character along Bellevue Street which comprises of dwellings set at ground level and as discussed earlier, this dwelling would also have poor amenity and should be deleted.
The proposed development requires an easement through the adjoining property at No 41 Bellevue Street for drainage purposes. The applicant has submitted a letter from the adjoining property owner that indicates that they will grant the easement. Council will require the easement to be registered with the Land and Property Information Office prior to the operation of the development consent. As a result it is recommended that deferred commencement consent be issued.
Conclusion /  / The proposed development has achieved the design and environmental performance objectives of the DCP 2001. The proposal has complied with the numerical requirements of the DCP 2001.
All matters required to be considered in accordance with Section 79C of the Environmental Planning and Assessment Act 1979 have been considered in the preparation of this report.
Recommendation /  / Deferred Commencement
  • Schedule 1
(1) That Unit 1 be deletedand be replaced with landscaping and pathway to the rear town house. Amended plans are submitted to Council.
(2)Creation of 1.2m wide drainage easement in favour of the proposed development site, within the property No 41 Bellevue Street, North Parramatta (reserved for drainage). Details to be provide to Council is the proof of registration in the Land and Property Information Office shall be submitted to Council.
  • Schedule 2
- All standard conditions for development type.



In the Residential 2(b) zone, LEP 2001 aims to promote low density housing forms, including dwellings that do not compromise the character and amenity of the surrounding area. Design objectives seek to ensure that the building form is in character and integrates with the surrounding built environment.

The aims and objectives of DCP 2001 seek to ensure development respects and integrates with the site and the surrounding built environment and enhances residential amenity.

DCP 2001 outlines performance criteria designed to maximise solar penetration into dwellings and opportunities for natural cross ventilation to optimise natural light and implement the principles of ecologically sustainable development.



Control / Requirement / Proposal / Compliance
FSR / 0.6:1 / 0.6:1 / Yes
Height / 2 storeys plus attic (max) / 2 storey / Yes
Site frontage / 18m (min) / 18.105m / Yes
Car parking / Residents 8 Visitors 2 / 8
2 / Yes
Landscaped Area / 331.20m2 / 333m2 / Yes
Private open space / 40m2 / 43- 63.15m2 / Yes
Soft Soil Zone / 30% (min) / 30% / Yes
Floor to ceiling height / 2.7m (min) / 2.7m / Yes
Front setback / 5-9m / 9m / Yes
Side setback / 1.5m (min) / 1.5m. / Yes
Rear setback / 9.143m (15%) / 9.3m / Yes
Maximum depth of buildings / 14m (max) / 11 to 11.5m / Yes
Minimum depth of allotment (with two rows of dwellings) / 56m (min) / 60.955m / Yes
Building Separation / 12m / 18.24m / Yes
NatHER / 3.5 stars (min) / 5 stars / Yes