Planning Framework
11The shop-top component of the proposal is subject to the provisions of State Environmental Planning Policy No 65 - Design Quality of Residential Flat Buildings (SEPP 65) at cl 4(1)(a).
12Subclause 30(2)(b) of SEPP 65 requires consideration to be given to the design quality of the residential flat development when evaluated in accordance with the design quality principles; and at subcl 30(2)(c) the publication Residential Flat Design Code (RFDC).
13The relevant aims of SEPP 65 include, at cl 2:
(1) This Policy aims to improve the design quality of residential flat development in New South Wales.
(2) This Policy recognises that the design quality of residential flat development is of significance for environmental planning for the State due to the economic, environmental, cultural and social benefits of high quality design.
(3) Improving the design quality of residential flat development aims:
(a) to ensure that it contributes to the sustainable development of New South Wales:
(i) by providing sustainable housing in social and environmental terms, and
(ii) by being a long-term asset to its neighbourhood, and
(iii) by achieving the urban planning policies for its regional and local contexts, and
(b) to achieve better built form and aesthetics of buildings and of the streetscapes and the public spaces they define, and
(d) to maximise amenity, safety and security for the benefit of its occupants and the wider community
14The design quality principles of SEPP 65 are at cll 7-18. The design quality principles relevant to the proposal are:
Principle 1: Context
Good design responds and contributes to its context. Context can be defined as the key natural and built features of an area.
Responding to context involves identifying the desirable elements of a location's current character or, in the case of precincts undergoing a transition, the desired future character as stated in planning and design policies. New buildings will thereby contribute to the quality and identity of the area.
Principle 2: Scale
Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and the surrounding buildings.
Establishing an appropriate scale requires a considered response to the scale of existing development. In precincts undergoing a transition, proposed bulk and height needs to achieve the scale identified for the desired future character of the area.
Principle 7: Amenity
Good design provides amenity through the physical, spatial and environmental quality of a development.
Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility.
Principle 10: Aesthetics
Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development. Aesthetics should respond to the environment and context, particularly to desirable elements of the existing streetscape or, in precincts undergoing transition, contribute to the desired future character of the area.
15Clause 30A(2) of SEPP 65 states:
(2) Nothing in this clause permits the granting of consent to a development application if the consent authority is satisfied that the proposed development does not demonstrate that adequate regard has been given to the design quality principles in Part 2 of this Policy.
16The RFDC supports the ten design quality principles identified in SEPP 65 and gives greater detail in how to achieve these principles in development proposals (RFDC at p 1: Exhibit 1, folio 0031).
17The RFDC includes the following relevant statement in relation to building height (at p 24: Exhibit 1, folio 0066):
Height is an important control because it has a major impact on the physical and visual amenity of a place. It can also reinforce an area's existing character or relate to an area's desired character.
18The relevant RFDC objective for building height is to ensure future development responds to the desired scale and character of the street and local area.
19The relevant RFDC objective for building separation is to ensure that new development is scaled to support the desired area character with appropriate massing and spaces between buildings (at p 28: Exhibit 1, folio 0070).
20The relevant RFDC rules of thumb for daylight access include that the number of single aspect apartments with a southerly aspect (SW-SE) should be limited to a maximum of 10% of the total units and that 70% of living rooms and private open spaces should receive a minimum of three hours direct sunlight between 9 am and 3 pm (minimum two hours is acceptable in dense, urban areas). The objectives for daylight access include ensuring that daylight access is provided to all habitable rooms, to provide adequate ambient light and to provide residents with the ability to adjust the quantity of daylight.
21The relevant RFDC rules of thumb for natural ventilation include that 60% of residential units are to be naturally cross-ventilated (at p 87: Exhibit 1, folio 0128). The relevant objectives for natural ventilation include ensuring that apartments are designed to provide all habitable rooms with access to fresh air and to assist in promoting thermal comfort for occupants.
22The relevant RFDC objective for facades is to promote high architectural quality in residential flat buildings. The better design practice key points for facades includes a requirement that facades are composed with an appropriate scale, rhythm and proportion, which respond to the building's use and the desired contextual character (at p 89: Exhibit 1, folio 0130).
23The Boulevard site is zoned 2(a) Residential and the Barrenjoey Road site is zoned 3(a) General Business, pursuant to the Pittwater Local Environment Plan 1993.
24The proposal is subject to the relevant provisions of Pittwater 21 Development Control Plan (DCP 21). Part A of DCP contains context statements for the various precincts within the municipality and desired character statements for those precincts. Section A3.2 of DCP 21, Desired Character of Pittwater, includes the following statement:
A vital array of interrelated land uses should be encouraged within the village centres, yet maintain their village feel and community focus.
25Section D10.2 of DCP 21, Character - Newport Commercial Centre, includes the following statement under 'outcomes':
To provide urban design elements at a human scale at which people do not feel overwhelmed by buildings.
26Section D10.2 of DCP 21 includes the following statement under 'controls':
Development in the Newport Commercial Centre shall be in accordance with the approved Masterplan for the Newport Commercial Centre (refer to Appendix 12 of this DCP).
27The Barrenjoey Road site is within the study area of the Newport Commercial Centre Masterplan (the masterplan) (Appendix 12 of DCP 21) and The Boulevard site is outside the study area of the masterplan.
28Section 2.12 of the masterplan states that as part of the process to prepare a masterplan for Newport village, two consultation activities were undertaken and both of these events had a high level of participation.
29Section 2.6 of the masterplan, Building Heights, includes the following statement:
Building within the study area range from 1-4 storeys. The scale is generally low and the variety of heights and roof forms creates interest on the skyline.
30The masterplan identifies the Barrenjoey Road site as an 'entry site' to the Newport Commercial Centre and includes, at s 4.6 Land uses, the following statement in relation to 'entry sites':
In relation to high visible 'entry sites' at the north and south ends of the commercial centre to have uses with a high degree of 'useability' to promote pedestrian activity and interaction between the public and private domain at different times of the day and night. Buildings must be of very high design quality. Building should 'turn the corner' to direct views towards community and recreational facilities, notably the beachfront areas, the bowling club and the propose community centre.
31Figure 4.9.1 Built Form of the masterplan identifies the Barrenjoey Road site as two storeys with two areas of three storeys setback from the Barrenjoey Road and canal boundaries. The built form of the site is indicated in this figure as the two storey element abutting the adjoining development to the north and the street and canal boundaries and two separate three storey elements setback from the two storey facades. Section 4.9 Built Form includes the following relevant controls:
The built form strategy is to establish a scale and height to Newport Village that is appropriate to its desired future character [and] supports the public domain strategy.
Design buildings to a maximum height of three storeys, with a two storey street wall height to reduce their apparent scale and to break up the building massing.
Spaces between buildings at the topmost level are required to promote view sharing and to give openness to the streetscape. The maximum length of the topmost portion of a three storey building is 24 metres, with full breaks between them of minimum 6 metres.
Provide building envelopes of appropriate depths to support high amenity living and working environments with cross-ventilation and good daylight access.
32Section 5.5 Height of the masterplan includes controls for building heights. The maximum height for the commercial centre, for three storey buildings, is an overall height of 11.5m above the FPL. Figure 5.5.1 shows an indicative section through a three storey building, with a 3.5 m setback from the street boundary (with an awning over); a street elevation of two storeys with a parapet and a third storey setback 4 m from the face of the street facade. The overall height of the section is shown as 11.5 m to the ridge of the roof above the FPL.
33Section 5.5 includes the following controls in relation to the height of elevations to Barrenjoey Road:
The following further street frontage height restrictions apply, to modulate building form and minimise bulk:
On Barrenjoey Road, limit the street frontage height to 2 storeys, with a maximum height above the flood planning level of 7 metres to the top of the structure (equivalent to the floor level at the floor above). Above this, a balustrade is permitted to the top level so long as the balustrade is at least 50% transparent.
On Barrenjoey Road, limit the height at the 4 metre setback (to the topmost storey) to 10.5m above the flood planning level, with the roof form being contained within a height plane of 15 degrees, to a maximum overall height of 11.5m.