J F Building Consultants Pty Ltd v Auburn Council
[2008] NSWLEC 1203
•23 May 2008
Land and Environment Court
of New South Wales
CITATION: J F Building Consultants Pty Ltd v Auburn Council [2008] NSWLEC 1203 PARTIES: APPLICANT
RESPONDENT
J F Building Consultants Pty Ltd
Auburn CouncilFILE NUMBER(S): 11319 of 2007 CORAM: Hussey C KEY ISSUES: Development Application :- Industrial units, good design, carparking requirement LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Sydney Regional Environmental Plan 24 (Sydney Harbour Catchment) 2005
Auburn Local Environmental Plan 2000DATES OF HEARING: 23/05/2008 EX TEMPORE JUDGMENT DATE: 23 May 2008 LEGAL REPRESENTATIVES: APPLICANT
Mr M. Seymour, barrister
Instructed by J. Ngoy
of MaclarensRESPONDENT
Ms M. Kelly, solicitor
of Maddocks Lawyers
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESHussey C
11319 of 2007 J F Building Consultants Pty Ltd v Auburn Council23 May 2008
This decision was given extemporaneously.
It has been revised and edited prior to publication.
JUDGMENT
Background
1 J F Building Consultants lodged this appeal against council's refusal of a development application of the construction of 6 industrial units at 27 Rose Crescent, Auburn.
2 The full details of the site, proposal, planning controls are contained in the amended Statement of Facts/Contentions, on which I rely.
3 Following conferencing between the parties, the outstanding issues identified for the appeal concern:
- Designation of the area labelled "mezzanine" in terms of design considerations and associated parking requirements.
- Adequacy of car parking.
4 The conferencing has resulted in agreement by the parties to consent orders. There are no objectors to the proposal.
The site
5 The subject site is known as 27 Rose Crescent and is legally described as Lot 14 in Deposited Plan 1081545. The site is located on the northern side of Rose Crescent within the 4(a) General Industrial zone, between Park road to the east and George Young Street to the north-west." The site has a regular shape with a street frontage 45 metres and an average depth of approximately 52 metres, creating a total site area of 2410sgm. The land has a moderate fall from the north (rear) to the south-west approaching Rose Crescent. The site is currently vacant and contains no trees, vegetation or other improvements.
6 The locality is described as a developing industrial precinct and currently comprises a generally even distribution of vacant allotments, allotments under construction and fully developed industrial land parcels. Emerging industrial developments generally have contemporary styles with an emphasis on strong architectural treatment and active street presentation. Buildings constructed so far generally locate office areas towards the street together with dedicated landscaped open space areas, while the industrial and warehouse components of these buildings are located on the rear portions of the land. Building heights generally range between 8 metres and 12 metres. The Regency Green Master Plan was specifically developed to provide planning controls for this estate. The estate was formerly used as a Royal Australian Air Force (RAAF) stores depot.
7 Some residential land exists to the north of this industrial area and the Sydney water pipeline extends along the southern boundary of these lands.
The Proposal
8 Development application DA 184/06 is for the construction of six (6) industrial units at Lot 14 Deposited Plan 1081545 together with associated vehicular access and parking facilities, landscaping works, drainage works and strata subdivision.
9 The design proposed 2 detached buildings (each comprising three individual units) extending in a north-south direction, adjacent to the eastern and western property boundaries. Common vehicular access was proposed as a central corridor extending from the property frontage to the rear of the site and separating the two buildings. Each of the proposed units included an internal first level mezzanine office and a second level mezzanine storage area.
10 The proposed units sizes range between 242.6 sq m and 409 sq m with a total floor area for both buildings being 1748 sq m. A maximum building height of 9.03m is proposed and the proposed building materials principally included a combination of tilt-up concrete panels and glazing.
- Sydney Regional Environmental Plan 24 (Sydney Harbour Catchment) 2005
- Auburn Local Environmental Plan 2000
- Regency Green Industrial Estate Master Plan
- Auburn Development Control Plans:
- 1. General Requirements
2. Industrial Areas
3. Parking and Loading 4. Stormwater Drainage
5. Regents Park RAAF Stores Depot
6. Guidelines for Erosion and Sediment Control - Revised Access and Mobility Development Control Plan 2005
11 The aforementioned issues have been addressed in a joint expert conference by:
- Mr M Logan; for the applicant,
- Mr C McClaren; councils traffic consultant.
12 Their response to these issues, as contained in the joint report is:
- Total proposed GFA = 1,674.9m2
- 20% Office Allowance = 334.98m2
- Residual 80% Warehouse = 1,339.92m2
- Note Proposed "Office" space less than 20% limit (i.e. 218m2)
- Required On-Site Car Parking = 1,674.9 x 1/300 = 5.583 (6 spaces).
The correct application of the Council (thus RTA) rate to the proposed development would give rise to the following parking requirement calculations:“The concern relates to the potential use of the mezzanine storage area as an "office" area, which is expected by Council to increase the parking requirement. Both Messrs McLaren and Logan agree that the Council's DCP for parking is based upon the RTA's research on Factory and Warehouse uses and that the data underpinning the RTA parking requirements for these uses allow up to 20% of the "factory" or "warehouse" use to be used as an ancilliary office. See Annexure A for percentages proposed.
- Total proposed GFA = 1,674.9m2
- 20% Office Allowance = 334.98m2
- Residual 80% Warehouse = 1,339.92m2
- Add Proposed "Office" space of 218m2 to Mezzanine Area of 274.9m2 = 492.9m2
- Excess "Office" space = 492.9 - 334.98 = 157.92m2
- Required On-Site Car Parking = 1,516.98 x 1/300 + 157.92 x 1 /40 = 9 spaces.
- If mezzanine used as an office area, then the correct application of the Council (thus RTA) rate to the proposed development would give rise to the following parking requirement calculations:
The access to the mezzanine and upper level office areas are via the warehouse ground floor level in all cases. Therefore due to security reasons it is unlikely that the mezzanine level will be used for an independent office area, unless other works are done to create separate or secure access to the upper levels separate from the ground level warehouse space. Thus the single user outcome for the upper levels is self enforcing by the design.”
Proposed 13 on-site car parking spaces exceed the required parking under the correct application of parking rates for conditions 3 and 4 above.
Conclusions
13 The experts have concluded that mezzanine concerns can be adequately covered by conditions of consent. Also, the proposed provision of 13 car now parking spaces adequately satisfies the DCP car parking requirements. In the absence of any challenge, I accept this is satisfactory.
14 I also understand that the other concerns for good design have been resolved in the amendments and conditions of consent. This includes the landscaping concerns, where condition 44 specifies the individual species to achieve the desired future character of this area.
15 I have also considered the detailed s 79C assessment (Exhibit 4), which indicates the development compliance with other relevant consideration matters.
16 I am therefore satisfied that this amended proposal demonstrates reasonable compliance with the controls to merit consent.
1. The appeal is upheld.
2. Development Consent is granted for the construction and use of six industrial units with ancillary office space and strata subdivision into six lots at Lot 14 DP 1081545, subject to the conditions in Annexure A hereto.
___________________
- R. Hussey
Commissioner of the Court
ljr
0
0
3