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Council Constraints Subheading 1: Strategy for planning requirements The Environmental Planning and Assessment Act of 1979 and the Environmental Planning and Assessment Regulation of 2000 guide the approval process for planning and development in New South Wales (NSW Legislation, 2015). Proposed developments in NSW are required to follow certain approval processes available that include: 1.State Environmental Planning Policy (SEPP) 2.Local Environmental Plan In the case of construction of a commercial building and the demolition of the pre-existing structure, the development contravened certain approval processes provisions in SEPP including; 1.Exempt and Complying Development Codes of 2008- according to this policy private certifiers are only allowed to approve insignificant developments, in the case where the development is extensive, as in this case, then there is need for a review from the DA and the council which was not obtained. 2.Infrastructure of 2007 – the development also contravenes this provision in its approval because it is not a public building. The Blacktown Council Local Environmental Plan of 2015 provides for acquisition of a development compliance certificate, when the development cannot get approval under the State environmental planning policy. An application was submitted there in consisting; Owners approval Updated architectural drawings Report on Impact on environment A comprehensive cost summary from a registered Quantity Surveyor A statement on the impact of the works to proximate listed heritage buildings A report on acoustics. A study on parking and traffic. A report on energy efficiency A Building Code of Australia report from a qualified consultant A Geotechnical survey report A Reflectivity Report A plan on waste management A construction management plan An Environmental Management Plan An assessment of compliance with reference to the Blacktown Council LEP was undertaken before submission of the application. Below is an analysis of the key parts of the environmental plan in relation to the development.
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Site Constraints Classification of the building The proposed development is an office building for commercial or professional services. It is falls under Class 5 according to the BCA and excludes class 6, 7, 8 or 9 buildings (NSW Legislation, 2015). Land zoning In order for a development to acquire an approval, it must comply with the land use regulations for the zone where the site lies. Any contravention of the land zoning regulation will lead to a rejection of the approval by the authorities and a subsequent requirement to change LEP before any construction can continue. Below are the objectives of the zone in which our development lies, as in the Blacktown LEP and how we have fulfilled them. The plan objectives are in section 1.2 of the Blacktown LEP of 2015 (NSW Legislation, 2015). 1.Recognition of the role of urban renewal precincts as avenues for employment and high- density residential development for the city. 2.Diversity of housing to make sure there is provision of adequate housing opportunities for current and future residents. 3.Provision of land for recreational, community and public facilities and purposes. 4.To deliver employment opportunities locally and regionally by encouraging opportunities for development 5.Restriction of development in areas prone to hazards such as flooding to reduce the risk to the public 6.Provision of infrastructural facilities to cater for demand from employment growth. 7.Conservation and enhancement of the built environment, cultural and natural heritage in Blacktown. 8.Conservation, restoration and enhancement of health of the ecosystem of endangered species, communities and populations. Building heights Building heights in certain zones are provided for in the Blacktown LEP to ensure: Visual impact is minimised as well as the loss of privacy and solar access in the environment. Compatibility of buildings to the existing residential and commercial centres in Blacktown with respect to height, scale and bulk. Definition of focal points in areas serviced by public transport and commercial activities for dense development. Availability of adequate space for residential, retail and commercial services
Establishment of connections between centres joining public spaces and low-density residential zones Building heights should not exceed the maximum height allowed for the zone in the map of building heights for the corresponding land as outlined by LEP. The proposed development has a height of 24M, which is lower than the maximum height permitted by the Blacktown LEP of 2015 of 60M as shown in figure 10.2 below thus the development is compliant with the regulations (Bajracharya, B. and Khan, 2015). Floor space ratio It is defined as the ration of the total floor area of a building to the total site area. The main objectives of a floor ratio area as defined in Blacktown LEP 2015 include; To ascertain the maximum floor space ratio to help in achieving the building scale and proportion. To ascertain the maximum floor area required to build a commercial building taking in consideration of the available infrastructure and circulation of vehicular and pedestrian movement. The maximum floor space ratio should not exceed the floor space ratio as outlined in the Floor Space Ratio Map. The floor space ratio map defined in the LEP must comply with all these requirements. The development is to be established in area that states that the maximum floor space ratio of commercial developments is 6:1. Given that the site area is 8151 meters squared and the floor area is …….. It therefore means that the development satisfies the Blacktown LEP 2015 floor space ratio
Blacktown Floor Space Ratio Map Blacktown Height of Buildings Map Source NSW Legislation, 2015) Car Parking: The requirements to car parking as defined in the Blacktown council LEP 2015 are designed to; To appreciate the presence of public transport in an urban environment as the most efficient means of transport within Blacktown. To encourage people to use public transport instead of private means of transport to reduce the number of vehicles on the road in order to reduce the impact of emission of gases in the environment. To discourage the town council from providing the public car parking. This therefore means that the developments should not have any car parking spaces as this will encourage the use of public transport. When the development is complete, the bicycle path along the development should be reinstated to encourage cycling around the area. Being that there is a train station around, it mean that the locals will use it as a means of transport. No parking services in the site means that the locals will use train services. Section 94 Contribution Plan The development proposal plan should comply with section 94 of planning and Assessment Act established in 1979 which defines the requirements of services and amenities such as: Traffic and transport management facilities Water cycle management facilities
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Community facilities and aquatic facilities Open space and recreation facilities This development complies with section 94 as stipulated in the Blacktown growth development. The contribution of section 94 is determined by the contribution catchments which is defined as the area over which a provided contribution for a specific item is levied upon. Moreover, in each catchment, there is always a list of works to be done. The contribution formula is used in each catchment to calculate the rate of contribution applied to that particular catchment. Green Star Rating Green star rating is a 5 star rating put forward by Blacktown council in the development of this proposal. The development intends to use very little energy to save on bills and maximize on the use of natural lighting and proposing landscape design on the podium of this development with vertical planters place d on the building façade. Approvals Process Acquiring of development consent is Acquiring of Development Consent does not necessary gives the contractors a permit to start the building works. A construction certificate must be first issued to the contractors and in return they must submit a notice of commencement to Blacktown council. It is important to note that the notice of commencement should be issued 48 hours in prior to work commencement and provide the council with the appointed certified manager for the project. Appointing a private certifier in this development will ease communication flow with the council. Following this process will provide the developers a quick approval without any delays. However, it was realized that a more efficient approval process will follow the procedure below. Issuing of 3x construction certificates that consists of: Demolition CC –This allows the commencement of the work on site while other approval documents can still be obtained at the same time. Excavation CC – This allows for earthworks to begin while the documentation involving the structural design is still in process Main works CC – The remaining works can therefore begin The benefits associated with this process is that, the construction work can commence without having all the documentations and the design working drawings and details. Hence, the building works and the design process can be completed at the same time.
Reference NSW Legislation. 2015.NSW Legislation. Available at: http://www.legislation.nsw.gov.au/maintop/view/inforce/epi+239+2015+cd+0+N. [Accessed 10 October 2015]. Bajracharya, B. and Khan, S., 2004. Integrating sustainability and principles of Local Agenda 21: a study of four local governments in NSW and QLD.Australian planner,41(3), pp.56-60.