Analysis of Council Constraints for Commercial Building Development

This report analyzes the council constraints for a proposed commercial building development in Blacktown, NSW, Australia. It examines the project's compliance with the Environmental Planning and Assessment Act of 1979, the Environmental Planning and Assessment Regulation of 2000, and the Blacktown Council Local Environmental Plan of 2015. The analysis covers site constraints, building classification, land zoning, building heights, floor space ratio, car parking requirements, Section 94 contribution plans, and Green Star rating considerations. The report details the approval processes, including the need for Development Consent, Construction Certificates, and the potential benefits of a phased construction certificate approach. The report also references relevant legislation and planning documents to support its findings. The document is contributed by a student to be published on the website Desklib. Desklib is a platform which provides all the necessary AI based study tools for students.

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.

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

 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.