27 February 2007 - Ordinary Meeting of Council (pdf. 14MB)

Ordinary Meeting of Council - 27 February 2007 1 / 8
9 to 15 Kings Avenue,
Roseville
Item 1
DA1285/04-2
13 February 2007
the 60% required from level 4, being 55.34%. The small increase in floor area to level 5 is
therefore satisfactory. The proposed modification maintains compliance with regard to required
setbacks as indicated in the DCP 55 compliance table.
The increased excavation will affect significant trees
The applicant has sought advice from an arborist, Ian English, who has provided a report and
recommendations in relation to the impact of the proposal on Tree #2, an Angophora costata
(Sydney Red Gum) 22 metres high and in good condition and Tree # 6, a Eucalyptus pilularis
(Blackbutt) 25 metres and also in good condition.
Council’s Landscape Development Officer, Robyn Askew, is satisfied that the proposed
amendments will not impact on Tree #2, an Angophora costata (Sydney Red Gum) and Tree # 6, a
Eucalyptus pilularis (Blackbutt) provided protection measures are imposed. It is recommended that
Conditions 23, 89 and 90 be amended to provide protection for Trees #2 and #6.
The upper storey exceeds the space required under DCP 55
Level 5 has an area equating to 58.48% of the area of Level 4, which is below the 60% maximum.
The area of Level 5 is therefore compliant with LEP 194.
The proposal should be rejected as an unlawful application as it is not a minor error,
misdescription or miscalculation.
The application was originally made under section 96(1A) Modification involving minimal
environmental impact. However subject to advice from Council officers, the applicant has now
requested the application be considered under section 96(2) of the EPAA. This classification is
appropriate.
The proposal is not substantially the same development
The proposed modifications include:
- Converting the approved 2 bedroom plus study units into 3 bedroom units.
- Providing additional basement car parking required for the 3 bedroom units.
- Consequential minor internal amendments.
- Minor changes to some elevations.
The modified proposal is substantially the same development as that already approved by Council.
This issue is discussed in detail below.
The detrimental impact upon Little Blue Gum Creek
The proposed amendments do not result in an impact upon the creek.
CONSULTATION - WITHIN COUNCIL
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