14 Clause 14 relates to development adversely affecting a heritage item or heritage conservation area and its provisions are as follows:
( 1) Before granting consent for development that may undermine or otherwise damage a heritage item or a building, work, relic, tree or place within a heritage conservation area or will obscure, overshadow or otherwise have a substantial adverse effect on a view of a heritage item or of a building, work or tree within a heritage conservation area, or that will otherwise adversely affect the heritage significance of a heritage item or heritage conservation area (or that will have a substantial adverse effect on a view from any such item or from habitable places within any such area), the consent authority must assess the impact of the development:
(a) on the heritage significance, curtilage and setting of the heritage item or the heritage significance of the heritage conservation area, and
(b) on any significant views to or from the heritage item or the heritage conservation area.
(2) The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it to assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item or the heritage significance of the heritage conservation area.
(3) The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the significance of the heritage item or the heritage conservation area.
15 Clause 17, the provision for conservation incentives, states:
(1) The consent authority may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which a heritage item is erected, even though the use would otherwise not be allowed by an environmental planning instrument, if:
(a) it is satisfied that the retention of the building or item depends on the granting of consent, and
(b) the proposed use is in accordance with a conservation management plan which has been approved by the consent authority, and
(c) the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and
(d) the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and
(e) the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.
16 The Parramatta Heritage Development Control Plan of 2001 contains a number of general principles and of particular relevance for scale is the following:
The scale and bulk of any new work is the most important issue to get right. In case of infill work in a conservation area or special character the scale of the new building needs to be similar to those around. In the case of renovations and extensions the new work should not over whelm the original building, and with almost certainly need to be no larger in size than the original building.
17 For the principle of use the DCP states:
The best use for a building is usually the one for which it was built. Where this is not possible, a use which requires minimal alterations will be more compatible.
18 The DCP guidelines for new buildings under 3.5.1 states:
Applicants needs to concentrate on getting the height, siting, shape and materials right so that new buildings will blend with old areas without imitation of period details...
In those areas where the pattern of development is not part of the heritage significance of the place, new buildings at the rear of old buildings might be approved if they can be designed and sited successfully so that do not disrupt the streetscape, affect the setting of the heritage item or destroy the amenity of the area.
19 The subject site is shown in the DCP as in the South Parramatta Conservation Area. This is shown at Figure 2. The distinctive characteristics of this Conservation Area include:
- Pattern of suburban development mostly single storey free standing dwellings or pairs of semis separated from the street and neighbours by planted garden space.
- Enclosed character reinforced by width of allotment, early buildings built on or close to front fence
- Groups of early cottages on narrow lots or close together and close to the street
- Small groups of one and two storey shops
20 Under the Statement of Heritage significance the DCP includes the following:
This area is the earliest remaining example in Parramatta of a speculative private subdivision related to the railway. The pattern of subdivision remains along with a very intact collection of early pre-1900 cottages. The consistently single storey scale of most of its housing and associated shops, and the range of building styles, from the 1850s to the 1960s, clearly demonstrate the way in which this suburb gradually developed and allows its history to be understood.
Council's Objectives For The Area & How To Achieve Them
This plan is directed towards keeping this historic residential area much as it is. Opportunities for development are limited. Second storey additions and new two storey buildings are not permitted so that its single storey character is not disturbed. Modest additions to increase accommodation or to provide attached dual occupancy are permitted at the back of the house. The plan also allows careful changes to upgrade facilities.
Subdivision Pattern
+ Maintain the historical pattern of subdivision
Siting, Setbacks & Garden Area
+ Maintain the historical pattern of development of individual dwellings on deep parcels of land surrounded and separated by garden space.
+ Keep views around and between buildings
+ Maintain amenity and privacy of back gardens
+ Ensure adequate rainwater absorption area per allotment
Avoid:
+ Additions to the front or side of an existing house