Assessment Report - Single Storey Dwelling

This assessment report provides a summary of the application details, issues, recommendation, legislative requirements, site evaluation, proposal details, environmental planning instruments, and development control plans for a single storey dwelling. The proposed development meets most regulations and requirements, with no apparent negative impacts and numerous positive impacts. The report recommends approval.

ASSESSMENT REPORT - SINGLE STOREY DWELLING
S4.15 - Environmental Planning & Assessment Act 1979
1. SUMMARY
Application details
DA No: DA/382/2016
Assessment Officer: Insert your name – Development Assessment Officer
Property: Lot/Section/Plan no: 50/-/DP237831 – 19 Manning Street,
Kingswood, 2747
Proposal: Demolition of existing structures, removal of some trees
and construction of a new dwelling house on the site.
Issues: The proposed development meets most of the regulations
and requirements of PLEP 2010 and PDC Plan 2014. It
has no apparent negative social, economic or
environmental impacts but has numerous positive social
and economic impacts. The issues specified in the
variations should be attended to and there is need to
integrate more ESD principles before commencement of
construction.
Recommendation: Approval
Legislative requirements
Current Zoning: R3 – Medium Density Residential
Permissible under: Penrith Local Environmental Plan 2010
Variations: Yes – Clause 2.1.5 control 4(a) and clause 2.1.7 controls
1, 2, 4 and 5 of Penrith Development Control Plan 2014.
The site
Site Area: 420 m2
Heritage item: No
In the vicinity of a heritage item: No
Heritage conservation area: No

2. SECTION 4.15 EVALUATION
SITE & SURROUNDS
The general shape of the site is rectangular measuring 32m along the northern and southern
boundaries and 20.28m along the western and eastern boundaries. The total area of the site is
649m2 (Domain Holdings Australia, 2019). The ground of the site is relatively level and there is a
single storey building sitting on the site. The site is just next to Manning Street and it is surrounded
by single storey buildings on the northern, western and eastern boundaries. The aerial view of the
site (lot 50 marked by the red boundary) is as shown in Figure 1 below.
Figure 1: Aerial Map of the Site
As shown in Figure 1 above, there is an existing development on the site, which is a single storey
dwelling with brick walls and tiled roof. The dwelling does not have a definite fence and the front of
the dwelling has some grass that appear not be professionally landscaped. There are also some
trees on the site and the surrounding sites.
The street view of the subject site is as shown in Figure 2 below.

Figure 2: Street view of the site
On the North side of the subject site is Lot 51, 17 Manning Street, Kingswood on which sits a
single storey dwelling with brick walls, a tiled roof and a garage. South side of the subject site has
Lot 49, 21 Manning Street, Kingswood on which sits a single storey dwelling with brick walls, a tiled
roof, a garage and a pool. On the west side of the site is Lot 54, 4 Edith Street, Kingswood on
which sits a single storey dwelling with brick walls, a tiled roof, a pool and garage. Each of these
sites has some trees on it. On the east side of the subject site is Manning Street. The
developments on the north, south and west sides of the subject site are as shown in Figures 3, 4
and 5 below. Figure 6 is the existing property on the subject site.

Figure 3: Adjacent property to the North of
the subject site
Figure 4: Adjacent property to the South of
the subject site
Figure 5: Adjacent property to the West of the
subject site
Figure 6: Existing property on the subject site
(REA Group Ltd, 2019)
THE PROPOSAL
The application seeks consent for the following works:
 Demolition of the existing dwelling house, garage and shed
 Removal of one big tree and three small trees.
 Construction of a one storey dwelling house comprising of an open plan living, kitchen,
master bedroom, two other bedrooms, one bath, study room, garage, laundry, portico an
alfresco.
PERMISSIBILITY
The proposed use is defined as a medium density residential property development under Penrith
LEP 2010.

A medium density residential property development is defined as a development aimed at
providing housing needs for the community or different types of houses for people living in a
medium density residential environment. The development should also facilitate other land uses
that provide necessary services or facilities for the residents, allow easy access to facilities and
services, ensure attainment and maintenance of high residential amenity level, improve the
essential identity and character of established residential areas, and ensure that it reflects the
desired dwelling densities and future character of the area (New South Wales Government, 2019).
The actual proposed development is a dwelling house.
The proposed development is permissible under Penrith LEP and the applicable zone because it is
a dwelling house and has met all the requirements of a Zone R3 medium density residential land
use. This includes the lot size, floor space ratio and height of the building.
3. ENVIRONMENTAL PLANNING INSTRUMENTS
STATE ENVIRONMENTAL PLANNING POLICY (INFRASTRUCTURE) 2007
The provisions of SEPP (Infrastructure) 2007 have been considered in the assessment of the
development application. The application is not subject to clause 101 of the SEPP as the site does
not have frontage to a classified road. The application is not subject to clause 102 of the SEPP as
the average daily traffic volume of the street is less than 40,000 vehicles.
STATE ENVIRONMENTAL PLANNING POLICY 55 – REMEDIATION OF LAND
The provisions of SEPP No. 55 have been considered in the assessment of the development
application. The site is not identified in Council’s records as being contaminated. Further, the site
does not have a history of a previous land use that may have caused contamination and there is
no evidence that indicates the site is contaminated. Accordingly, the development application is
satisfactory having regard to the relevant matters for consideration under SEPP 55.
STATE ENVIRONMENTAL PLANNING POLICY – BASIX
The application has been accompanied by a BASIX certificate that lists commitments by the
applicant as to the manner in which the development will be carried out. The requirements outlined
in the BASIX certificate have been satisfied in the design of the proposal. Nonetheless, a condition
will be imposed to ensure such commitments are fulfilled during the construction of the
development.
PENRITH LOCAL ENVIRONMENTAL PLAN 2010
The relevant matters to be considered under Penrith Local Environmental Plan 2010 (PLEP 2010)
for the proposed development are outlined below.
COMPLIANCE TABLE (refer to the PLEP 2010 for guidelines)
Development standard Yes/No Compliance
2.3 Land Use Table
Zone R3 Medium Density Residential
Yes The proposed developed is a dwelling
house, which meets the requirements of
Zone 3 Medium Density Residential in the
land use table of PLEP 2020.
4.3 Height of Buildings
Does the building exceed the
No The total height of building is 4.7m, which
is less than the maximum building height of

maximum building height shown for
the land on the Height of Buildings
Map
8.5m allowed in the Height of Buildings Map
of PLEP 2010.
4.4 Floor Space Ratio
Does the development exceed the
maximum floor space ratio shown for
the land on the Floor Space Ratio Map?
No The FSR of the proposed development is
about 0.5, which does not exceed the 1.0
provided in the FSR Map of the PLEP 2010.
4.6 Exceptions to development standards
(Are there any non-compliance to
controls under Part 4 of the PLEP? If so
discuss whether a variation would be
supported if justification would be
provided by the client?
No The proposed development has complied
with all the applicable controls under Part 4
of the PLEP, including: minimum lot size,
height of buildings and FSR.
5.6 Architectural roof features
Does an architectural roof feature result
in a building exceeding the maximum
building height for the site outlined in
clause 4.3?
No The maximum height of the proposed
building on the subject site, including the
roof, is 4.7m, which does not exceed the
maximum building height of 8.5m allowed in
clause 4.3 of PLEP 2010.
5.7 Development below mean high water
mark.
Is any portion of the development
proposed to be carried out below the
mean high water mark?
No The maximum foundation depth of the
proposed development on the subject site
is 1m, which does not reach the mean high
water mark.
5.9 Preservation of trees
Are there any trees or vegetation on the
site that require retention?
No The subject site does not have any tree(s)
or vegetation that must be retained on it
because the trees and vegetation present
do not have any heritage, historical nor
cultural value.
5.10 Heritage Conservation
Does the site contain or is it near a
heritage item?
No The subject site is not a Heritage Item and
is not identified to be within a heritage
conservation area as per the PLEP maps.
7.1 Earthworks
Are the earthworks associated with the
development appropriate?
Yes The proposed development’s earthworks
are appropriate because they will not affect
adjoining properties or the groundwater in
any way.
7.2 Flood planning
Is the site flood prone?
No Based on the information obtained from six
map, the subject site is not food prone.
7.6 Salinity
Determine whether or not salinity is
likely to have an impact on the proposed
development?
No There is no any evidence that the previous
land use of the site or adjoining sites
increased salinity that could affect the
proposed development.
Table 1: Penrith Local Environmental Plan Summary Table
Under the Penrith Local Environmental Plan 2010 the subject site is zoned R3 Medium Density
Residential. Under the subject zoned the following objectives are prescribed as follows:
 To provide for housing needs of the people who live or want to live in a medium density
residential zone.
 To provide different types of houses for the people who live or want to live in a medium
density residential zone.
 To facilitate other land uses that provide services or facilities to meet residents’ day-to-day
needs.
 To provide the numerous houses together with access to various essential facilities and
services.
 To improve the essential identity and character of the established residential areas.
 To ensure attainment and maintenance of a high level of residential amenity.
 To make sure that the development on the site reflects the area’s future dwelling densities
and character.

The proposed development on the subject site meets the above objectives because it is a dwelling
house that will provide housing needs to people who want to live in a residential area with medium
density and be close to facilities with different and uses (such as workplaces in business
premises); the occupants will have easy access to other facilities and services such as roads,
public space, electricity and water; and the design features/elements of the proposed development
will improve the essential identity and character of an established residential area, ensure
attainment and maintenance of a high level of residential amenity, and reflect the desired future
dwelling density and character of the area.
4. DEVELOPMENT CONTROL PLANS
PENRITH DEVELOPMENT CONTROL PLAN 2014
Development Control Proposal Compliance
Yes or No
PART D: LAND USE CONTROLS
D2 Residential Development
Section 2.1 – Residential Development (Refer to the relevant section of the DCP)
2.1 Single Dwellings
This section applies to single dwelling
development
2.1.1 Residential Character
Discuss the residential character with
respect to Location and Density, Local
Landscape and Configuration and
Predominant patterns of planning and design
The subject site is within a
short driving distance to
major roads (such as
Great Western Highway)
and busy centres (such as
Red Cherry Coffee Shop);
it is surrounded by similar
single storey dwelling
houses; and is near
heritage precincts (such
as Chapman Gardens).
The subject site has a
slightly sloping landscape;
has grass and a few trees;
but there is no stream or
river at its frontage.
Predominant patterns in
the area include single
storey buildings with
masonry or stone walls,
garage, parking, sheds,
and landscaped gardens
with trees.
Yes
2.1.2 Setbacks and Building
Envelopes
Minimum front and side setbacks
Building Envelopes
The proposed developed
has a front setback that is
greater than 5.5m (Penrith
City Council, 2014), side
setbacks (a portico and
alfresco) at more than
0.9m to the external walls,
and a garage that is not
permissible within the front
Yes

Development Control Proposal Compliance
Yes or No
setback.
The proposed
development is contained
within the site’s building
envelope, and there is an
allowance for
encroachments by the
roof’s gutters and eaves,
TV or lightening arrester
antennas and fire or
kitchen chimneys.
2.1.4 Landscaped Area
Determine the minimum landscaped area
applicable to the site and calculate the
proposed landscaped area.
The minimum applicable
landscaped area to the
site is 279m2 (43% of the
site area), which exceeded
the minimum requirement
of 40% for R3 medium
density residential
buildings, and part of the
landscaped area is directly
adjacent to the dwelling’s
living area.
Yes
2.1.5 Building Design/Site Works
Assess the articulation, bulk and scale,
design garages and parking proposed for the
site and dwelling.
Stepping floor plans of the
proposed building is
capped by different forms
of roofs and pitches and
every elevation of the
building has windows.
External walls of the
building are not longer
than 8m from one distinct
feature or corner to the
other.
The proposed dwelling
fronts Manning street with
the door and windows of
the living room and one
bedroom facing the street,
the dwelling’s garage is
integrated in its portico,
and the size of driveways
has been minimized to
create more landscaping
area.
The garage of the dwelling
has not been setback and
its total width does not
exceed 6m (considering
that the width of the lot is
more than 15m).
Yes
2.1.6 Solar Planning
Discuss how the dwelling/s meet acceptable
The site is not surrounded
by any tall features such
Yes

Development Control Proposal Compliance
Yes or No
solar standards and that existing neighbouring
and proposed private open spaces receive
adequate solar access
as buildings or trees and
therefore has adequate
access to solar. There are
windows on all exterior
walls exposed to the
northern sun so as to
maximize solar gain, the
living areas are oriented to
receive at least 3 hours of
sunlight from 9am to 3pm
on June 21.
2.1.7 Garden Design and Fences
Discuss controls 1 – 6 in respect to the
proposed development.
Details about retaining
walls, fencing, and trees
and vegetation to be
planted on the site have
not been provided.
The rear boundary
setback of the dwelling
provides the principal
private open space visible
green backdrop, corridor
of habitat and native
shrubs and low to medium
height trees.
The frontage of the
dwelling is compatible with
the natural setting of the
area; and the design of the
dwelling has maximized
natural surveillance
between the building and
the street.
No
Environmental Amenity (Not in the DCP - refer to controls below)
Private Open Space
Dwelling Houses
A minimum of 100m2 of private open space is
to be provided at ground level, with minimum
dimensions of 6m x 4m
Is a minimum of 100m² of private open space
provided at ground level, behind the building
line, and with minimum dimensions of 6mx4m?
Private open space is to be:
 Provided for all dwellings, (with the
exception of secondary dwellings) and
should allow for the sharing of the private
open space of the principal dwelling);
 Directly accessible from the living area of
the dwelling and capable of serving as an
extension of the dwelling for relaxation,
entertainment and recreation;
 Designed to ensure privacy of the
occupants of adjacent buildings and within
the proposed development;
 Orientated to maximise solar access; and
 Designed to focus on the quality of the
There is an available
space greater than 100m2
in size and with minimum
dimensions of 6m x 4m.
This space can be used to
provide the required
private open space for the
dwelling house. The space
can be designed to meet
all the required controls.
Yes

Development Control Proposal Compliance
Yes or No
space in terms of its outlook, orientation,
relationship to the dwelling, size and shape
and its enclosure and landscape treatment.
Social Amenity (Not in the DCP - refer to controls below)
Safety and Security Has the development been designed in
accordance with crime prevention principles? Are the building entries orientated to the street?
 Are habitable rooms located at the front of
dwellings?
The building has been
designed in accordance
with crime prevention
principles, which include:
natural access control,
natural surveillance,
maintenance, territorial
reinforcement and target
hardening (Deutsch,
2018); (National Institute
of Building Sciences,
2018).
The entries of the building
are oriented to the street
and some of its habitable
rooms are located at the
frontage.
Yes
Parking and Vehicular Access (Not in the DCP - refer to controls below)
Parking and Vehicular Access
Dwelling House
Are a minimum of (2) car spaces should be
provided for a dwelling with a floor area of greater
than 125 m2
(1 space GFA 125m² or less)
Note: stacked spaces can be supported
The garage provided for
the dwelling house has the
capacity to accommodate
at least two cars. The total
area of the garage is
about 34m2.
Yes
On-going site services (Not in the DCP - refer to controls below)
Does the proposed development provide the
following site services for the ongoing use of the
site? Clothes drying area
 Letterbox
 Waste storage area
The proposed developed
has enough space for the
services of clothes drying
area, waste storage area,
and letterbox.
Yes
Table 2: Penrith Development Control Plan Assessment Table
5. PLANNING AGREEMENTS
The proposed development is not subject to a planning agreement entered into under section 7.4,
or any draft planning agreement that a developer has offered to enter into under section 7.4.
6. REGULATIONS
Applicable regulation considerations including demolition, fire safety, fire upgrades, compliance
with the Building Code of Australia, compliance with the Home Building Act, PCA appointment,
notice of commencement of works, sign on work sites, critical stage inspections and records of
inspection may be addressed by appropriate consent conditions in the event of an approval.
7. LIKELY IMPACTS
Access, Traffic & Parking

The proposed development will not have any impacts on traffic, parking and pedestrian access.
This is because the dwelling house will be constructed on a site which was used for the same
residential purpose. As a matter of fact, there is still a house still sitting on the site but which will be
demolished before commencement of the new construction. The new dwelling house will be
confined to the original boundaries of the site hence nothing has been done that will affect the
traffic, parking or pedestrian access in the area. Therefore the proposed development is in
accordance with the needs of the local area and applicable planning controls.
Utilities/Infrastructure
The proposed development will result in adequate servicing of the site including electricity, water
and drainage. This is because the development is located in a residential environment with several
similar dwelling houses that are adequately serviced with aforementioned utilities. Additionally,
there is a house still standing on the site but it is going to be demolished. This house was
adequately serviced with electricity, water and drainage. Also, the proposed development is not
unique from other similar dwelling houses already in the area and therefore it will not affect the
proposed utilities or public infrastructure.
Fire Safety (No change required)
All building work associated with the development must be carried out in accordance with the
provisions of the Building Code of Australia. A condition is imposed to ensure such compliance.
Noise & Vibration (No change required)
To minimise noise and vibration as a result of construction works, a standard condition of consent
is imposed for work including demolition, excavation and construction activities associated with the
development, including the delivery of material to and from the site shall only be carried out 6 days
a week, Monday to Friday between the hours of 7:00am to 5:00pm and Saturday 8.00am to
5.00pm.
Crime Prevention Through Environmental Design (CPTED)
The proposed development will not result in increased opportunity for criminal or anti-social
behaviour in any way. This is because it has been designed by following all the necessary
principles, controls, building standards and codes, and regulations that do not promote such
behaviours. Some of the CPTED principles integrated in the design of the proposed development
include: natural surveillance (this includes: designing doors and windows to maximize visibility of
entrances, parking areas and people, ensuring that all areas of the dwelling and the site are well lit,
no hiding spots are present on site, and no obstruction of view from windows); natural access
control (this includes use of landscaping to direct foot and automobile traffic on the site); territorial
reinforcement (such as a fence, retaining wall, and an alarm at the gate or entrance), maintenance
(ensuring that the dwelling house is properly maintained at all times), and target hardening (such
as use of deadbolt locks and protective window films)
Impacts during Construction (No change required)
Conditions of consent are recommended to mitigate any potential impacts on the amenity of the
surrounding environment.
Social & Economic Impact
The proposed development will not have any negative social or economic impacts. On the other
hand, it will have positive social and economic impacts including creation of job opportunities

during construction, bills paid for utilities and services during construction and operation of the
development, social integration and interaction of people who will live in the dwelling house with
the neighbours, and the expenditures by the occupants.
ESD & The Cumulative Impact
The proposed development generally meets the principles of ecologically sustainable
development. The reasons for this include: it will be constructed using locally available resources; it
has been designed to optimize daylighting that will reduce the amount of electricity consumed for
lighting during the day; natural ventilation that will reduce electricity consumption for heating,
cooling and air conditioning, shading that will reduce temperatures on the site; has the potential of
harnessing solar energy, rainwater harvesting, and greywater recycling and reuse; it has integrated
positive social and economic impacts; it has been designed to be durable and with minimal
maintenance needs so as to reduce maintenance costs and extraction of natural resources
throughout its lifetime; and it does not have any apparent negative impacts on the ecosystem and
biodiversity. Therefore most of the proposed development meets most of the principles of ESD,
including integration, sustainable use, use of local resources, and inter/intra generational solidarity.
Based on the assessment made, there will be no cumulative impacts on future generations as long
as the proposed development or further development of the subject use re done in accordance
with the applicable laws, regulations, standards and sustainable development goals of Penrith City
Council and other state and federal regulations.
8. SUITABILITY OF THE SITE
The potential constraints of the site have been assessed and it is considered that the site is
suitable for the proposed development.
9. SUBMISSIONS & PUBLIC INTEREST
No submissions were received in response to the notification of the application.
The proposed development is not contrary to public interest.
10. OUTCOME
CONCLUSION
Approval Subject to Conditions:
After consideration of the development against Section 4.15 of the Environmental Planning and
Assessment Act 1979, and the relevant statutory and policy provisions, the proposal is suitable for
the site and is in the public interest. Therefore, it is recommended that the application be approved
subject to the imposition of appropriate conditions.
Some of these conditions include the following:
 Clause 2.1.5 Building Design/Site Works of the PDC Plan 2014
Reason: control 4 – the garage of the building has to be designed such that it is setback at
least 1m behind the dwellings building line so as to meet the requirements of the clause.
 Clause 2.1.7 Garden Design and Fences of the PDC Plan 2014
Reason: controls 1, 2, 4 and 5 – design changes and more details should be provided
about retaining wall, fencing, and planting of trees and vegetation alongside boundaries
and narrow service areas so as to meet the controls of this clause.
 Some changes or improvements should also be made to the design of the building so as to
integrate the principles of ESD.

References
Deutsch, W., 2018. Crime Prevention Through Environmental Design. [Online]
Available at: https://www.thebalancesmb.com/crime-prevention-through-environmental-design-394571
[Accessed 8 May 2019].
Domain Holdings Australia, 2019. 19 Manning Street, Kingswood NSW 2747. [Online]
Available at: https://www.domain.com.au/property-profile/19-manning-street-kingswood-nsw-2747
[Accessed 8 May 2019].
National Institute of Building Sciences, 2018. Building Resiliency: Crime Prevention Through Environmental
Design. [Online]
Available at: https://www.wbdg.org/resources/crime-prevention-environmental-design
[Accessed 8 May 2019].
New South Wales Government, 2019. Penrith Local Environmental Plan 2010, Sydney: New South Wales
Government.
Penrith City Council, 2014. Penrith Development Control lan 2014 Volume 1, Penrith: Penrith City Council.
REA Group Ltd, 2019. 19 Manning Street Kingswood NSW 2747. [Online]
Available at: https://www.realestate.com.au/property/19-manning-st-kingswood-nsw-2747
[Accessed 8 May 2019].