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ABN 63 279 339 494

Revised
Statement of Environmental Effects
Proposed New Generation Boarding House and
Demolition of Existing Structures

“Parkside Residences”

1 Walters Road, Blacktown

Prepared for Northfield Properties Pty Ltd

February 2019

0449 536 694


michael@michaelleaveyconsulting.com.au
www.michaelleaveyconsulting.com.au
1 Walters Road, Blacktown

Table of Contents

Page

1. Introduction……………………………………………………………………… 4

2. The Site…………………………………………………………………………… 6
2.1 Site Location & Description
2.2 Site Features and Existing Development
2.3 Surrounding Land

3. Zoning and Planning Controls …………………...…...…………………….19


3.1 Zoning
3.2 Building Height
3.3 Other

4. The Proposal…………………………………………………………………….22

5. Planning Considerations…………………………………………………...…26
5.1 Blacktown LEP 2015
5.2 Affordable Rental Housing SEPP
5.3 Housing Supply and Need in Blacktown
5.4 Blacktown DCP 2015
5.5 State and Regional Environmental Planning Policies
5.6 Central City District Plan

6. Environmental Impacts………………………………………………….…….45
6.1 Site Suitability
6.2 Previous Uses
6.3 Flooding
6.4 Drainage and Water Quality
6.5 Car Parking, Access and Traffic
6.6 Design
6.7 Social Impacts
6.8 Waste Collection

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6.9 Noise
6.10 Privacy
6.11 Overshadowing
6.12 View Impacts

7. Section 4.15 Assessment……………………………..……………………….49

8. Conclusion…………………………………………………………….………....51

Attachments
A – Survey Plan
B – Additional Site Locality Photos
C – Letter from Mission Australia
D – Draft Plan of Management (under separate cover)
E – EPA Letter (under separate cover)
F – AHIMS Search Results

Vers 3.0 Final Revised Version 13.02.2019

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1. INTRODUCTION

This revised Statement of Environmental Effects has been prepared on behalf of Northfield
Properties Pty Ltd in support of revised plans submitted to Blacktown City Council for a new
generation boarding house on Lot 2 DP 385826 and Lot B DP 401173, 1 Walters Road,
Blacktown. The proposal also includes demolition of the existing dwelling house on the site.

The applicant has submitted revised plans which reduce the scale of the development by
removing a storey, reducing the number of rooms from 42 to 21, increasing setbacks and making
changes to the car parking arrangements.

The proposed boarding house is contained in a single building with linked pavilion forms, and
contains 21 rooms including a manager’s unit, together with communal lounge and computer
rooms and external landscaped areas. The boarding house is proposed for elderly people, single
adults and couples including key workers, students and people in need of social housing.

The site is zoned R2 Low Density Residential under Blacktown LEP 2015, and the proposal
submitted under State Environmental Planning Policy (Affordable Rental Housing) 2009 and is
permissible with the consent of the Council.

This Statement considers the proposal against the provisions of relevant planning instruments,
including the Affordable Rental Housing SEPP, Blacktown LEP 2015, Blacktown DCP 2015 and
other state planning controls. The Statement also addresses the matters for consideration under
Section 4.15 of the Environmental Planning & Assessment Act, 1979.

A pre-DA meeting was held with Council staff on 21 November 2017, prior to submission of the
original application, and the revised plans have been prepared in response to issues raised during
public exhibition of the original application, and following discussions with Council staff on 16
November 2018.

The assessment of the proposal against the Affordable Rental Housing SEPP, Blacktown LEP
2015, Blacktown DCP 2015 and other state planning controls, and the heads of consideration
under Section 4.15 of the Environmental Planning & Assessment Act, 1979 concludes that the
proposal is permissible, meets the intent of relevant planning controls and standards, is
compatible with the character of the local area and, will meet an identified need for affordable
housing and should be supported by Council.

The proposal will deliver the following key benefits:


1. Increase the amount of affordable housing with the Blacktown LGA – there is currently a
5-10 year wait list for public housing in Blacktown;

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2. Increase the amount of lone person dwellings within the Blacktown LGA – there are
currently over 15,000 lone person households in Blacktown whilst there are only 2,400
studio/ one bedroom dwellings available. Further, the proportion of lone person dwellings
in Blacktown is only 2.3% compared with the Greater Sydney average of 7.8%;

3. Provide for an ideal transitional development form – the site is located between a B1
zoned land parcel to the north and public housing estate to the south;

4. Improve security in the neighbourhood – the proposal will significantly increase the active
surveillance of the rear adjoining park land and over the dilapidated commercial buildings
to the north; and

5. Improve the visual amenity of the neighbourhood – the building design is of a high
standard and will improve the streetscape of Walters Road

This Statement should be read in conjunction with the supporting information submitted with the
development application and in particular the revised architectural plans prepared by Marchese
Partners Architects and the Social Impact Assessment prepared by Cred Consulting.

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2. THE SITE

2.1 Site Location & Description

The subject site is 1 Walters Road, Blacktown.

Figure 1 – Locality Source: NSW SIX Maps 2018

The site comprises two allotments with a total area of 1,890.7m2, and has a frontage of 18.29m
to Walters Road and side boundaries of approx. 103m. The real property description of the land
is Lot 2 DP 385826 and Lot B DP 401173. The site adjoins a public reserve to the rear, and the
eastern-most part of the site, with an approximate area of 528.5m2, is zoned RE1 Public
Recreation and is identified in Blacktown LEP 2015 for acquisition by Council for public recreation/
drainage purposes. The balance of residential zoned land has an approximate area of 1,362.2m2.

The site is located on the fringe of the Blacktown CBD area, and immediately adjoins land zoned
B1 Neighbourhood Centre to the north, and is 350m from land zoned R4 High Density Residential,
650m from the zoned CBD area and is 950m from Blacktown Train Station, as shown in the
following figure.

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Figure 2 – Site Locality Photo Source: NSW SIX Maps 2018

2.2 Site Features and existing development

The site has a long rectangular shape, and falls gently from the street toward the rear of the site
to the east. The rear part of the site is generally flat, with a small raised area located near the rear
boundary, and the front residential-zoned part of the site has a slope of approximately 5%. A site
survey plan is included as Attachment A.

Figure 3 – Aerial Photo Source: NSW SIX Maps 2018

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The site contains an existing two-storey brick dwelling house located on the western part of the
site, fronting Walters Road, and a number of ancillary shed structures behind the dwelling house.
There are some minor trees located on the front street and side boundaries, and a significant
cluster of trees on the rear part of the site zoned RE1 Public Recreation. Details of the site are
shown in the following photos.

Figure 4 – Site viewed from Walters Road

Figure 5 – Detail of existing dwelling house

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Figure 6 – Side view of site from adjoining commercial land

Figure 7 – Rear of site from adjoining public reserve

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Figure 8 – Rear of site towards adjoining commercial land

Figure 9 – Rear of site towards adjoining medium density housing

2.3 Surrounding Land

Surrounding land contains a mixture of land uses and development types, including commercial
uses, open space, medium density housing and low density housing.

The adjoining land to the north is zoned B1 Neighbourhood Centre and contains an old service

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station on the corner of Kildare Road and Walters Road, a used car yard and a veterinary hospital.
The adjoining land to the south contains medium density townhouses (Department of Housing) at
the rear and an older detached dwelling house at the front facing Walters Road, and land to the
west on the opposite side of Walters Road contains detached dwelling houses. To the east of the
site (including the rear of the subject land) land is zoned RE1 Public Recreation and forms part of
a future drainage/ open space corridor running north/ south.

An application has recently been lodged with Council for 94 Kildare Road (corner of Kildare Road
and Meroo Street, DA-18-02593) for a 3 storey shop top housing development, which is on land
to the immediate north-east, at the rear of the site.

Immediate surrounding development is shown in the following photos, and further photos of
surrounding development are provided in Attachment B in support of the character
considerations required to be considered under the Affordable Rental Housing SEPP.

Adjoining commercial land to the north

Figure 10 – Commercial land along Kildare Road, immediately adjoining the


northern side boundary of the subject land

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Figure 11 - Former service station immediately adjoining the subject land

Figure 12 - Former service station along the side boundary of the subject land

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Figure 13 – Veterinary hospital and used car yard on Kildare Road, which
adjoin the northern side boundary of the subject land at the rear

Adjoining residential land to the south

Figure 12 – Adjoining dwelling houses on Kildare Road, south of the subject land

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Figure 13 – Medium density housing on Kildare Road (adjoins subject land


to the side at the rear)

Figure 14 – Streetscape along Kildare Road looking north-east towards subject land

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Figure 15 – Medium density housing adjoining the subject land on the rear side
boundary (viewed from public reserve at the rear)

Figure 16 – Medium density housing adjoining the subject land on the rear side

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Figure 17 – Recent housing in Walters Road to the south

Residential land to the west (opposite side of Kildare Road)

Figure 18 – Dwelling house to the west, on the opposite side of Walters Road

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Figure 19 – Land to the immediate west, on the opposite side of Walters Road

Public Reserve to the east (rear)

Figure 20 – Public Reserve to the east (rear)

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Figure 21 – Public Reserve to the east (rear)

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3. ZONING AND PLANNING CONTROLS

3.1 Zoning

The land is zoned part R2 Low Density Residential and part R1 Public Recreation under
Blacktown Local Environmental Plan 2015. Adjoining land to the north is zoned B1 Neighbourhood
Centre, land to the east is zoned RE1 Public Recreation, and land to the south and west is zoned
R2 Low Density Residential.

Boarding houses are permitted with consent in the R2 Low Density Residential zone through State
Environmental Planning Policy (Affordable Rental Housing) 2009, and are also a permitted use
under Blacktown LEP 2015.

Figure 22 – Land Zoning under Blacktown LEP 2015

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3.2 Building Height

The permitted Building Height for the site is 9.0m.

Figure 23 –Building Height under Blacktown LEP 2015

3.3 Other

The site is identified in other Blacktown LEP 2015 maps as follows:

LEP Map Designation


Lot Size 450m2
Active Street Frontages Not identified
Terrestrial Biodiversity Not identified
Design Excellence Located in a Design Excellence area
Floor Space Ratio Not identified
Heritage Not identified
Key Sites Not identified
Land Reservation Acquisition Rear of site is identified, details below
Urban Release Area Not identified

The rear part of the site, being that part zoned RE1 Public Recreation, is identified for acquisition
for local open space, and the relevant acquisition authority is Blacktown City Council.

The land is subject to provisions in State Environmental Planning Policy (Affordable Rental
Housing) 2009, Blacktown LEP 2015 and Blacktown DCP 2015, and this is addressed in Sections
5, 6 and 7 of this Statement.

The land is subject to the following additional State and Regional Environmental Planning Policies:
• No. 19 - Bushland in Urban Areas;
• No.55 – Remediation of Land;
• Vegetation in Non-Rural Areas, 2017
• Sydney REP No. 20 – Hawkesbury-Nepean River

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The proposal is not subject to SEPP (BASIX) or SEPP 65.

Strategic planning for the Blacktown City local government area is informed by the Greater Sydney
Commission’s Central City District Plan, March 2017.

The site is identified as being partly flood prone, as identified in Council’s online mapping:

Figure 24 –Blacktown Council Flood Mapping

The site is not identified as being bushfire prone.

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4. THE PROPOSAL

The proposal is for a new generation boarding house containing 21 rooms, including a manager’s
room. The boarding house also includes a communal lounge room and communal computer room
at the ground level, together with recreation and landscaped areas. The boarding house is located
within the R2 zoned part of the site, and the rear area zoned RE1 is maintained as open space.
The proposal also seeks consent for demolition of the existing building on the site.

The boarding house will be targeted towards:


• elderly people currently living alone in a large house who do not need so much space.
Mission Australia believe that this would be a particular group that would be suited to the
property;
• single adults and couples who require affordable housing. They are most probably in share
accommodation at present. This would include key workers such as nurses from Blacktown
Hospital, teachers, police and emergency services workers
• people in need of social housing but unavailable to secure such due to the wait times, and
• students in need of affordable housing.

The proposed boarding house is located in a single building with 2 linked pavilion elements, with
car parking provided at ground level with access to Walters Road. The car park provides parking
for 11 cars, including 2 disability access spaces, 4 motorcycles and 4 bicycle spaces, which meets
the minimum requirements under the Affordable Housing SEPP. Waste storage is proposed.

The boarding house is 2 storeys in height, with the 3rd storey removed under the revised plans.
The design includes separate pavilion forms to reduce the overall massing of the building, and to
allow for an internal courtyard area, and the external appearance has been designed with the
appearance of a large dwelling house to the street, and with the side elements being similar to
the medium density housing forms found on the adjoining land to the south. Overall the proposal
has been designed to be consistent with the existing and future character of the area, having
regard to the zoning and nature of development on surrounding land, and a detailed assessment
of character is provided in Section 4 of this Statement.

The proposal contains the following elements:

Ground Level
Pedestrian entry is provided from Walters Road via a security-controlled access door to an entry
area with a common lounge area, the manager’s unit and a common toilet and laundry. A roofed
and enclosed passageway is provided between the front and rear parts of the building, which link
the common lounge and computer areas, and also provide opportunities for informal seating. The
rear area contains the common computer area, along with 7 double boarding house rooms.

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An external open space area is provided adjoining the Manager’s room, and each boarding room
has a small deck area, with privacy screen provided to the external openings.

Courtyard areas are created adjacent to the roofed passageway, and landscaping is proposed in
the courtyard areas, to the rear of the building and also along the side boundaries.

The car parking area is at grade, with a driveway access to Walters Road and landscape
screening is provided along the street frontage and sides of the car park. Parking is provided for
11 cars, including 2 disability access spaces, as well as for 7 bicycles and 4 motorcycles. A
screened and enclosed waste storage area is provided adjoining the car park, providing space for
waste bins and a bulk waste storage area.

Level 1
Level 1 contains 13 boarding rooms, with 5 rooms in the front element and 8 in the rear, and stair
access is provided at both the front and the rear. Each room is provided with a balcony, and these
are primarily oriented towards the front and rear, and privacy screen treatment is proposed to all
balconies.

An indicative image of a boarding room is shown below:

Figure 25 – Indicative render of a boarding room

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Discussion is underway with Mission Australia to take an active role in the development and long
term management of the accommodation, and a letter of support from Mission Australia is
included as Attachment C. Mission Australia Housing is a Tier 1 Community Housing Provider
and currently owns or manages more than 2,000 social and affordable homes. Mission Australia
note that the property’s location is nearby to infrastructure and transport and would be an ideal
senior’s cohort and to also address the need for quality, affordable housing with links to
opportunities such as social and services support in the area. They also note the proposed
conceptual design appears to be of a high quality and would create a good living environment for
its residents.

Each boarding room contains private bathroom and kitchenette facilities for residents, and has
been designed to provide efficiency of internal layout and space. The rooms have an area of
between 22.6m2 and 24.9m2 excluding the bathroom and kitchen as is relevant under clause
30(1)(b) of the Affordable Rental Housing SEPP, and the area of balconies ranges from 5.2m2 to
7m2. The external area to the Manager’s room has an area of 32m2.

The proposed communal rooms meet a number of different needs for residents, including a lounge
room, computer room and informal seating along the roofed passageway. The communal rooms
are well located for access and use by residents and the lounge room has good natural light and
solar access.

The proposal includes landscaped front and rear setback areas, together with internal courtyard
open space areas of 75.7m2 and 73.5m2 adjoining the internal passageway.

The height of the building is less than 9m, being between 8.15m and 8.8m building height at the
ridge of the roofs and the eave elements are between 6.25m and 7.3m in height, with the lowest
part of the building being the front elevation to Walters Road.

The ground floor levels of the buildings are RL49.63m for the front of the building, and RL48.48m
for the rear, with the levels set by the minor slope of the site and the minimum flooding level which
results in the rear of the development being raised by a maximum of 1.38m to accommodate flood
storage as requested by Council.

The development has the following setbacks:

Boundary/ Element Setback


Western (front) 19m
Northern (side) – to commercial zone 2.0m – 2.9m, 7.25m to passageway
Southern (side) – to residential zone 2.5m, 6.95m to passageway
Eastern (rear) – to RE1 zone (land to be 1.6m - 3.25m
acquired)
Internal Building Separation 9.0m
balcony to balcony

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The site comprises two separate lots and it is intended that these will be consolidated prior to the
issue of any occupation certificate for the development, and this can be implemented by way of a
condition of consent.

A Plan of Management has been prepared in support of the proposed boarding house
(Attachment D), and is submitted with the application together with a Social Impact Assessment.

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5. PLANNING CONSIDERATIONS

5.1 Blacktown Local Environmental Plan 2015


Compliance with relevant controls in Blacktown LEP 2015 is set out in the following table:

LEP Control/ Standard Proposed Complies

Permissibility Boarding Houses are permitted with consent in Yes


the R2 Low Density Residential zone.
R2 Zone objectives

To provide for the housing needs of the The proposal provides an additional affordable Yes
community within a low density residential housing option that will meet an area of need in
environment. the Blacktown LGA, and is in an accessible
location close to Blacktown CBD.
To enable other land uses that provide
facilities or services to meet the day to day Council’s Housing Strategy (Feb 2012) identifies
needs of residents. an undersupply of housing options to meet a need
in the private rental market in Blacktown, and
To enable certain activities to be carried promotes the supply of a wide range of affordable
out within the zone that do not adversely housing options to meet the needs of a diverse
affect the amenity of the neighbourhood. population. The proposal will meet a key aim of
the Housing Strategy by increasing the supply of
suitable affordable housing forms in an
appropriate location, and will provide quality
accommodation and communal areas for
residents.

A detailed assessment has been carried out of the


compatibility of the proposal with the character of
the local area, and the proposal is both
compatible and appropriate in this low density
residential environment, having regard to the
zoning and existing/ future development of land
surrounding the subject site. In particular, the site
immediately adjoins land zoned B1 that will
accommodate more intensive development once
that land is redeveloped, with building heights in
excess of the subject proposal, and the site also
adjoins existing medium density housing to the
south and a public reserve to the east.
Clause 4.3 Height of buildings - 9.0m Building heights are less than 9m. Building height Yes
at the ridge of the roofs is between 8.15m and
8.8m.
Clause 5.1 Relevant acquisition The land zoned RE1 Public Recreation at the rear Yes
authority of the site is identified for acquisition by Council,
and the proposed boarding house is contained
within the residential zoned part of the land.
Clause 7.1 Flood planning A flooding assessment has been submitted as Yes
part of the application, and the proposed floor
levels will be above the minimum required flood
level with additional conservative provisions
made in response to potential drain blockage.

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Clause 7.7 Design excellence The land is subject to the Design Excellence Yes
requirements of the LEP, which reflects the site’s
proximity to Blacktown CBD. An assessment
against the design excellence requirements is
provided below.

Clause 7.7 Design Excellence Requirements

The proposal provides a high standard of architectural design and detailing, appropriate to the
nature of the development and the setting of the site adjoining a mixture of land use zones and
development types.

The form and external appearance of the development will improve the quality and amenity of the
public domain, providing a renewal of an older development on the site and improving the
appearance of the site as viewed from both Walters Road and Kildare Road. In particular the
adjoining commercial land is run down, and the proposal will lift the overall appearance of the
immediate area and will be consistent with future likely redevelopment of the commercial
properties.

The proposal will not detrimentally impact on any view corridors, or on any views from surrounding
properties, and the minor variation to the proposed building height will not result in any view loss.

Shadow diagrams are provided as part of the architectural plans, showing shadowing at 2 hourly
intervals during mid-summer, the March/ September equinox and mid-winter. In mid-summer
there will be no shadow impacts outside the site, and at the equinox there is negligible shadowing
to the south, which does not extend as far as development on adjoining properties. At mid-winter
there will be overshadowing on the southern side extending to the adjoining buildings, and with
areas of solar access remaining to the existing dwelling house and townhouses. As the site
comprises two separate lots, the current planning controls would permittwo new dwelling houses
to be built on each of these existing lots which could result in a similar length of shadow over the
southern side compared to the subject proposal.

A separate assessment is provided against the relevant requirements of the Blacktown DCP.

The subject land is well suited for the proposed development, being located in an area with good
accessibility to public transport services and the Blacktown CBD, and having regard to the zoning
and nature of surrounding development and land uses. The proposed use is permitted under the
zoning of the land, and will provide quality affordable housing accommodation and communal
areas, consistent with the Blacktown Housing Strategy, and will be compatible with the mix of
uses that will occur in the area including future redevelopment of the adjoining commercial zoned
properties to the north. There are no heritage items on or nearby to the subject land and the
proposal will be consistent with the streetscape along Walters Road, which is mixed including
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medium density housing, older detached dwellings and commercial zoned land to the north that
is likely to be redeveloped in the future.

The proposal will be compatible with existing and likely future development on surrounding sites,
noting the adjoining land to the north is zoned commercial and has potential for non-residential or
mixed-use development with a building height of 10m and likely building setbacks to the street at
lower levels. Additionally, the proposal adjoins existing medium density housing on the adjoining
land to the south, which has townhouses clustered in separate buildings, with building heights of
between 8 and 9m. The height of the proposal will be compatible with the allowed (and likely
future) building heights on the adjoining commercial land and the adjoining existing medium
density housing. The proposal provides a two-storey presentation to the street, which is well
setback. Side setbacks are a minimum 2m to the north, and 2.5m to the south, and privacy
screening provided to the side facing balconies and reasonable separation is provided to adjoining
development.

The proposed building form, with separate pavilions and an overall residential appearance will be
consistent with the existing townhouse development to the south, and likely future development
of the commercial land to the north. The existing and likely future character of the area is of mixed
uses, development types and zoning, and the immediate area is not an area of predominantly
detached dwellings. The appearance of the development is residential in nature, similar to a large
dwelling house as viewed from the street and with a large setback to the street.

The proposal is for a Class 3 building, and the application is supported by a section J assessment
under the Building Code of Australia relevant to sustainability measures for this class of building.

The original application was supported by a Traffic Impact Assessment which demonstrated the
larger proposal was acceptable on traffic and access grounds, and concluded that the additional
traffic movements generated by the development would have an acceptable impact upon the local
road network and additional traffic movements at key intersections would have a minimal impact
upon the overall operation of these intersections. The revised proposal is of a lesser scale and
traffic generation, and will not result in an adverse impact on traffic on surrounding streets or on
nearby intersections.

5.2 Affordable Rental Housing SEPP


The proposal is submitted under the provisions of State Environmental Planning Policy (Affordable
Rental Housing), 2009, and an assessment against the SEPP requirements is provided below:

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SEPP Requirement Detail Consistent

cl. 26 Land to which applies The subject land is zoned R2 Low Density Residential, Yes
to which the SEPP provisions apply under cl. 26(b).
cl. 27 Development to which The subject land is zoned R2 Low Density Residential, Yes
applies is within the Sydney Region and is located within an
“accessible area” as defined by the SEPP.

An accessible area is land that is within:


(a) 800 metres walking distance of a public entrance
to a railway station or a wharf from which a
Sydney Ferries ferry service operates, or
(b) 400 metres walking distance of a public entrance
to a light rail station or, in the case of a light rail
station with no entrance, 400 metres walking
distance of a platform of the light rail station, or
(c) 400 metres walking distance of a bus stop used
by a regular bus service (within the meaning of
the Passenger Transport Act 1990) that has at
least one bus per hour servicing the bus stop
between 06.00 and 21.00 each day from Monday
to Friday (both days inclusive) and between
08.00 and 18.00 on each Saturday and Sunday.

The subject land is located 75m from bus stops in


Walters Road serviced by Busways Route 729, with
both eastbound and westbound services between
Blacktown Interchange and Mount Druitt Interchange,
with at least 1 service per hour between 5am and
midnight Monday to Friday, 5am and midnight
Saturday and 8am and 9pm Sunday. Additionally, the
site is 400m from a bus stop in Newton Road serviced
by Busway routes 726, 728 and 756, and is within
approximately 15 minutes walking distance from
Blacktown Train Station.

Bus services are shown as follows

cl. 28 Development with Boarding houses may be carried out with consent as Yes
consent Division 3 of the SEPP applies to the subject land

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cl. 29 Standards that cannot be used to refuse consent


cl. 29(1) FSR Not applicable as there is no floor space ratio applying N/A
reference to LEP controls to the site
cl. 29(2)(a) Building Height The proposal is below the 9m height limit applying to Yes
reference to LEP controls the site, with a minor variation supported by a clause
4.6 variation request.
cl. 29(2)(b) Landscape Area The front and side boundaries will be landscaped, and Yes
Landscape treatment of front will be compatible with the streetscape given existing
setback is compatible with and future development likely to occur in the area, and
streetscape the car parking arrangement as proposed is similar to
other development approved by Council in the area,
and which was suggested by Council as an option to
consider.
cl. 29(2)(c) Solar Access The communal lounge area will receive a minimum of Yes
At least one communal room 3 hours direct sunlight between 9am and 3pm in mid-
has a minimum of 3 hours winter.
direct sunlight between 9am
and 3pm in mid-winter
cl. 29(2)(d) Private Open Internal open space areas of 149.2m2 are provided Yes
Space internally, adjoining the passageway, which exceed the
One area of min 20m2 with required area and dimension. A private open space
dimensions of 3m for lodgers, area of 32m2 is provided for the Manager, adjacent to
and for a manager one area of that accommodation
at least 8m2 and dimensions of
2.5m adjacent to that
accommodation
cl. 29(2)(e)(iia) Car Parking 11 car spaces are provided, including 2 disability Yes
0.5 spaces per room (10.5 access spaces.
spaces for 21 rooms)
cl. 29(2)(f) Accommodation All rooms have a gross floor area greater than 16m 2 Yes
Size Min 12m2 for single
lodger, 16m2 in any other case
cl. 29(3) Internal Facilities Each room is provided with private kitchen and Yes
bathroom facilities
cl. 30 Standards for boarding houses
cl. 30(1)(a) Communal space The proposal provides 2 separate, and functional Yes
At least one communal room is communal rooms, including a lounge room and
required if more than 5 rooms computer room.
cl. 30(1)(b) Room area No boarding room has a gross floor area greater than Yes
Max room GFA of 25m2 25m2 excluding any areas used for private kitchen or
(excluding private kitchen or bathroom facilities
bathroom)
cl. 30(1)(c) Occupation No room will be occupied by more than 2 adult lodgers, Yes
No room to be occupied by and this requirement is included in the Plan of
more than 2 adult lodgers Management.
cl. 30(1)(d) Bathroom and Each room is provided with private kitchen and Yes
Kitchen Facilities adequate bathroom facilities
facilities will be available within
the boarding house for the use
of each lodger
cl. 30(1)(e) Manager A room is provided for a boarding house manager Yes
Manager’s room required if
capacity more than 20 lodgers

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1 Walters Road, Blacktown

cl. 30(1)(g) Commercial land The site is not zoned for commercial purposes N/A

cl. 30(1)(h) Bicycle and 7 bicycle and 4 motorcycle spaces are proposed, which Yes
motorcycle parking reasonably meets the standard given the 0.2
At least 1 bicycle and motorcycle space difference is minor, and the standard
motorcycle space for every 5 does not refer to ‘or part thereof’ in relation to “every 5
rooms (4.2 bicycle and 4.2 rooms”.
motorcycle for 21 rooms)

Character considerations
Clause 30A of the SEPP requires that Council must not consent to development unless it has
taken into consideration whether the design of the development is compatible with the character
of the local area.

The Land and Environment Court has established a planning principle for considering the
compatibility of development with the surrounding area in Project Venture Developments v
Pittwater Council [2005] NSWLEC 191, as detailed below:

22 There are many dictionary definitions of compatible. The most apposite meaning in an urban
design context is capable of existing together in harmony. Compatibility is thus different from
sameness. It is generally accepted that buildings can exist together in harmony without having
the same density, scale or appearance, though as the difference in these attributes increases,
harmony is harder to achieve.
23 It should be noted that compatibility between proposed and existing is not always desirable.
There are situations where extreme differences in scale and appearance produce great urban
design involving landmark buildings. There are situations where the planning controls envisage
a change of character, in which case compatibility with the future character is more appropriate
than with the existing. Finally, there are urban environments that are so unattractive that it is
best not to reproduce them.
24 Where compatibility between a building and its surroundings is desirable, its two major
aspects are physical impact and visual impact. In order to test whether a proposal is compatible
with its context, two questions should be asked.
• Are the proposal’s physical impacts on surrounding development acceptable? The
physical impacts include constraints on the development potential of surrounding sites.
• Is the proposal’s appearance in harmony with the buildings around it and the character of
the street?
25 The physical impacts, such as noise, overlooking, overshadowing and constraining
development potential, can be assessed with relative objectivity. In contrast, to decide whether
or not a new building appears to be in harmony with its surroundings is a more subjective task.
Analysing the existing context and then testing the proposal against it can, however, reduce the
degree of subjectivity.
26 For a new development to be visually compatible with its context, it should contain, or at
least respond to, the essential elements that make up the character of the surrounding urban
environment. In some areas, planning instruments or urban design studies have already
described the urban character. In others (the majority of cases), the character needs to be
defined as part of a proposal’s assessment. The most important contributor to urban character
is the relationship of built form to surrounding space, a relationship that is created by building

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height, setbacks and landscaping. In special areas, such as conservation areas, architectural
style and materials are also contributors to character.
27 Buildings do not have to be the same height to be compatible. Where there are significant
differences in height, it is easier to achieve compatibility when the change is gradual rather
than abrupt. The extent to which height differences are acceptable depends also on the
consistency of height in the existing streetscape.
28 Front setbacks and the way they are treated are an important element of urban character.
Where there is a uniform building line, even small differences can destroy the unity. Setbacks
from side boundaries determine the rhythm of building and void. While it may not be possible
to reproduce the rhythm exactly, new development should strive to reflect it in some way.
29 Landscaping is also an important contributor to urban character. In some areas landscape
dominates buildings, in others buildings dominate the landscape. Where canopy trees define
the character, new developments must provide opportunities for planting canopy trees.
30 Conservation areas are usually selected because they exhibit consistency of scale, style or
material. In conservation areas, a higher level of similarity between the proposed and the
existing is expected than elsewhere. The similarity may extend to architectural style
expressed through roof form, fenestration and materials.
31 It should be remembered that most people are not trained planners or urban designers and
experience the urban environment without applying the kind of analysis described above. As
people move through the city, they respond intuitively to what they see around them. A
photomontage of a proposed development in its context provides the opportunity to test the
above analysis by viewing the proposal in the same way that a member of the public would.

The character of the local area includes consideration of the setting and characteristics of the site
and surrounding land, and existing and future likely development in the area having regard to the
zoning of land.

The local area in the context of the proposal is the visual catchment of the site, being Walters
Road and Kildare Road nearby to the site, on both sides of the road, and the public reserve land
to the east of the site. Kildare Road is relevant to the local area as the site is currently visible from
this road, and future development will be visible from Kildare Road, near the intersection of
Walters Road, once the adjoining commercial land is redeveloped.

The character of the surrounding area can be described as mixed, with a variety of land use zones
and development types within close proximity to the subject land. This is shown in the following
figure, and photographs of the surrounding area are included as Attachment B:

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1 Walters Road, Blacktown

Figure 29 – Character of the surrounding area

The Local Area


The character of land on the western side of Walters Road is detached dwelling houses, which
are primarily single storey apart from the house on the north west corner of Walters Road and
Kildare Road which is two storey and has a reduced side setback to Walters Road. The dwelling
stock on the western side is older post-war construction, with both weatherboard and brick
construction, and tiled roofs. The land immediately opposite the subject land has a dwelling or
shed on the rear part of the site, and the front yard area is used for the storage of cars and trailers.
Further to the south on the western side of Kildare Road are similar housing types, and a number
of two storey dwelling houses, along with a small lot housing development.

On the eastern side of Walters Road, including the subject land, there is a change in the character
of development compared to the western side of the street, with a mixture of disused commercial
development, detached dwelling houses and two storey medium density townhouse development.

The adjoining land to the north is zoned B1 Neighbourhood Centre, and has frontage to both
Walters Road and Kildare Road, and the land fronting Walters Road contains a disused service
station surrounded by concrete sealed areas, and a chain wire fence around the perimeter of the
site. Adjoining land to the east of that is used for the storage and sale of used cars, for a veterinary
hospital and other commercial development. The service station site is unsightly, with the rusty

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1 Walters Road, Blacktown

perimeter fencing, boarded up windows, graffiti on the exterior of the building, weeds growing
through the concrete and unmaintained landscaping, and this is the dominant visual element of
the corner of Walters Road and Kildare Road.

The subject land contains a two storey detached dwelling house of brick and tile construction.
There is a single storey wing on the northern side of the house and the house is setback 11.3m
from Walters Road. Adjoining the subject land to the south on Walters Road are two post-war
detached, single storey dwelling houses, of weatherboard and fibro construction with tiled roofs.
Adjoining these properties to the south is a Department of Housing medium density townhouse
development with clusters of two storey townhouse buildings, which are of brick and tile
construction. The Department of Housing development has a poor presentation to Walters Road
with a blank two storey elevation and gable to the street, and the development also wraps around
the rear of the detached housing and adjoins the subject land at the rear. Further to the south on
the eastern side of Kildare Road is another two storey brick and tile medium density development
in a ‘gun barrel’ arrangement, with a lineal building form running from the front of the site to the
rear. Further south of that are a detached brick and tile dwelling house and a building used by the
Salvation Army as a Youthlink service, and with a ropes course in the rear yard adjoining the
public reserve.

The subject land is visible from Kildare Road, from both the intersection with Walters Road, and
also across the disused service station site. Land on the southern side of Kildare Road adjoining
the side boundary of the subject land contains the service station, used car storage, and beyond
that to the east is a single storey veterinary hospital, of brick and metal roofing construction and
with car parking in the front setback, and further east of that is a used car sales and rental yard
and a double height commercial unit development with a range of commercial uses.

The character of Kildare Road in the vicinity of the site is commercial in nature, with a number of
properties with redevelopment potential given the zoning of the land and the nature of existing
improvements on the properties. Overall the commercial land nearby to the subject land has a
poor visual appearance and presentation to the street.

On the northern side of Kildare Road near the intersection with Walters Road are a single storey
small lot housing development, and single storey detached dwelling houses which extend to the
east to commercial zoned land containing the Sportsman’s Hotel, with a large sealed car park to
the front, and further vacant commercial land.

The site adjoins an un-named public reserve to the rear, which is zoned RE1 Public Recreation
and appears to primarily serve a drainage function. The rear part of the subject land is identified
for future acquisition and inclusion in the public reserve. The public reserve is an enclosed space,
with a point of entry from Meroo Street to the east, and properties that adjoin the reserve near the
subject land are elevated above the reserve and do not provide pedestrian access to the area.
The existing public reserve is of a considerable size, with an area of approximately 6,400m 2 within
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1 Walters Road, Blacktown

the current boundaries, and will extend further to the south as well. The length of the reserve is
approximately 125m, and with widths of between 30 and 45m. The reserve is largely grassed,
with some large trees along the western side boundary and on the rear of the subject land, and
there are no recreational facilities.

The character of the public reserve is of open land, surrounded by development and rear fencing
that is elevated above the level of the reserve. The reserve has an isolated feeling and there is
little or no interaction with adjoining development, which means there is limited passive
surveillance of the reserve area. Views from the public reserve are of the rear of surrounding
development, and the view towards Walters Road to the west is dominated by two story medium
density housing and rear fencing. Other external views are of the rear of the subject land, the rear
of commercial development to the north, including a large blank wall, and views towards to the
rear of housing in Meroo Road, including medium density housing, and the Salvation Army ropes
course to the south.

In summary, the character of the local area and surrounding properties is mixed, with traditional
low density detached housing on the western side of Walters Road and a noticeable change in
character on the eastern side, with commercial zoned land and a disused service station on the
corner of Kildare Road, a large number of medium density townhouses and a small number of
detached dwellings which are the in the minority in terms of the character of land surrounding the
subject site. The eastern side of Walters Road is also characterised by various public services –
with the property immediately adjoining the subject site being a public housing estate set on over
4,000m2 of land and not far to the south is the Salvos YouthLink facility. Elements of the
surrounding area have a run down and poor appearance, and the adjoining commercial land has
potential for redevelopment in the future for uses permitted in the zone, including shop top
housing, and in line with the increased development capacity of that land with additional building
height and the ability to build to boundaries. To the rear of the site the outlook from the public
reserve to the north and west is of elevated medium density housing and the rear of commercial
development, and apart from the subject land there are no detached dwellings in this area with
direct frontage to the reserve.

The Proposal
The proposal is for a boarding house contained in a single building with separate pavilion elements
which slightly step down the site following the slope of the land. The boarding house is residential
in nature and appearance, with a built form similar to medium density housing, particularly as
viewed from Walters Road and the public reserve to the rear. The boarding house has a two
storey presentation to the boundaries, and a traditional pitched roof, consistent with the adjoining
medium density housing.

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1 Walters Road, Blacktown

The proposed building materials are painted render walls, with weatherboard elements and
concrete roof tiles. Landscaping is proposed within all building setback areas, and along the street
frontage together with low fencing.

Compatibility of the development with the surrounding area


An assessment of compatibility of the development with the surrounding area is provided below,
and a separate character assessment was undertaken by SJB Planning, and provided to Council,
for the original, larger development. The assessment undertaken by SJB Planning demonstrated
that the then-proposed larger development on the site was compatible with the character of the
surrounding area, and the now revised and reduced-scale development would have a lesser
impact on, and would be compatible with the character of the surrounding area

Having regard to the planning principle established in Project Venture Developments v Pittwater
Council, the proposal will not be the same as all existing development surrounding the subject
land, but will be compatible with the existing development and will be compatible with future
development likely to occur with redevelopment of the adjoining commercial land to the north in
line with the permitted uses and building height allowed on that land and having regard to the
nature of existing development and improvements.

The proposal has a residential appearance and two-storey presentation, and will be compatible
with existing two storey medium density housing that adjoins the site at the rear and also along
Walters Street to the south. The adjoining medium density housing developments cover a
combined area of approximately 5,600m 2, and have frontages of 45m to Walters Road and 95m
to the public reserve, and are two storey with gable or hipped roofs. The existing medium density
development is a dominant feature of the surrounding area, from both Walters Road and the public
reserve, and has established a more intensive form of development, covering a large area of land,
compared to the detached dwelling houses found on the western side of Walters Road.

The adjoining commercial development to the north is largely disused or unsightly, and does not
represent a desirable character of development for future development on the subject land, and
also noting the differences in the zoning of land. The proposal will not be incompatible with the
existing commercial development, and will provide a new backdrop to these properties when
viewed from Kildare Road, and will result in renewal of the site with a well-designed development
that will improve the appearance of the interface between the subject land and the commercial
land, and as viewed from Kildare Road beyond.

Future redevelopment of the adjoining commercial land is likely given the nature and state of
existing improvements on the land, the proximity of the land to medium and high density housing
areas and access to public transport. Redevelopment is likely for commercial or mixed use
development with a building height of 10m and with development built to the street boundaries. In
this regard the proposal would also be consistent with the likely future character of development

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1 Walters Road, Blacktown

on the adjoining commercial land noting the likely form and design of contemporary commercial
development and opportunities that exist for shoptop housing on upper levels.

From the public reserve at the rear, the proposal will have a similar appearance to the adjoining
medium density housing to the south, which has a frontage of 95m to the reserve, and will provide
a harmonious transition between the existing medium density housing to the south and future
commercial development on the land to the north. The existing stand of trees on the rear part of
the site zoned RE1 will be retained, and these will also provide screening to development when
viewed from the reserve.

The site adjoins two detached dwelling houses along Walters Road to the south, and these are
older housing stock and an isolated development form in terms of the overall character of the
eastern side of Walters Road in the future. There is potential for redevelopment of these properties
for new dwelling houses in the future, which would be likely to be larger structures and more in
keeping with more recent larger dwelling houses that have been built in Walters Road further to
the south.

The proposal contains privacy screening measures for the limited side facing balconies on both
levels, to address visual privacy, and there will not be an impact on any views or view corridors.
Noise from the site will be domestic in nature, and the proposal includes a Plan of Management
which addresses noise management and there are no external noise sources that would adversely
impact on the development. Shadow diagrams have been provided as part of the application, and
there will be limited shadow impacts apart from mid-winter, where areas of solar access are
retained to the existing dwelling house and townhouses to the south, and shadowing is reasonable
given the planning controls applying to the land. Overall the proposal will not impose a constraint
to future development of surrounding properties.

The proposal will be in harmony with the existing and future buildings around it, and the character
of the local area. The height of the development is compatible with the height of existing medium
density housing units to the south at the rear, and will be below the allowed 10m height applying
to the commercial land to the north. This will ensure a harmonious transition in building height
between the adjoining properties, and will not result in an abrupt change in building height having
regard to the development potential of the adjoining land. The maximum height is in the centre of
the buildings, and will be consistent with the scale of development around the site, and the lowest
part of the building in terms of building height, is on the street elevation to Walter Street.

The proposed front setback is reasonable given the parking to be provided and Council’s approval
of a similar arrangement nearby at 113 Newton Road, Blacktown, and will maintain a good
separation between the development and other low density development on the other side of
Walters Street.

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1 Walters Road, Blacktown

Side setbacks of 2.0 – 2.89m are provided to rooms on the northern side, and 2.5m to the south,
and these are deep soil setbacks. The site adjoins commercial zoned land on the north side and
to the south is existing medium density housing and a dwelling house with a garage located
900mm from the boundary. The proposed side setbacks provide reasonable spacing between the
development and adjoining sites, including existing development, and the building form at these
setbacks is generally two storey in presentation and with spacing between the front and rear
building elements that will be landscaped.

The proposed rear setback to the RE1 zoned land is between 1.6 and 3.25m, which is consistent
with rear setbacks for the adjoining medium density housing which has minimum rear setbacks of
as little as 2m, and 0.9m for the southern-most unit, and other commercial development to the
north is built to the rear boundary, with large blank walls. The proposed rear setbacks are suitable
for the proposal, noting that an internal private open space courtyard is provided, and having
regard to the rear setback of surrounding development to the public reserve.

Landscaping is proposed in the front and rear setback areas, as well as the internal courtyard
area.

The proposal meets the requirements of the Affordable Rental Housing SEPP for off street car
parking, and is located in an “accessible area”, with regular public transport bus services.

In conclusion, the area surrounding the subject land has a mixed character, with medium density
housing, a small number of detached dwelling houses, commercial development/ zoned land and
a large area of public reserve at the rear. Further, the eastern side of Walters Road is
characterised by the provision of public services including the significant public housing estate
adjoining the subject property and the nearby Salvos YouthLink centre. The future development
of the adjoining commercial land in line with permitted uses and building height will alter, and
improve the character of the area, providing an updated commercial built form and improved
appearance of the land, and through the replacement of disused and underutilised land uses. The
proposal will be compatible with the existing character of the surrounding area, and will improve
and update the appearance of the immediate area, and will also be compatible with and provide
a good transition to future development on the adjoining commercial land.

5.3 Housing Supply and Need in Blacktown

Supply of Studio/ 1 Bedroom Dwellings in Blacktown


There is a major shortfall of studio/1 bedroom dwellings in Blacktown.

As at 2016, there were only 2,483 studio/ 1 bedroom dwellings in Blacktown which represents
2.3% of the total number of households, which has dropped from 2.4% in 2011. In comparison,

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1 Walters Road, Blacktown

in Greater Sydney the proportion of studio/ 1 bedroom dwellings is 7.8% of the total number of
dwellings.

The vast majority of housing stock within the Blacktown LGA is made up of three and four
bedroom dwellings which comprise a total of 79,250 dwellings making up 74.9% of the total
number of dwellings.

Further, from 2011 to 2016 there were only 184 studio/1 bedroom dwellings added in Blacktown,
whereas over the same period there were 4,905 four bedroom dwellings added. This indicates
that the ongoing proportion of studio/ 1bedroom dwellings in Blacktown will continue to diminish
in the coming years.

Blacktown LGA Housing Overview - Number of bedrooms per dwelling


Blacktown City - 2016 2011
Households
(Enumerated) Change
Greater Greater 2011 to
Number of bedrooms Number % Number %
Sydney % Sydney % 2016
0 or 1 bedrooms 2,483 2.3 7.8 2,299 2.4 7.3 +184
2 bedrooms 9,463 9.0 23.7 8,833 9.2 23.9 +630
3 bedrooms 45,802 43.3 32.1 47,004 48.8 35.2 -1,202
4 bedrooms 33,448 31.6 22.0 28,543 29.6 21.5 +4,905
5 bedrooms or more 7,670 7.3 7.3 5,485 5.7 6.2 +2,185
Not stated 6,830 6.5 7.1 4,235 4.4 5.9 +2,595
Total households 105,696 100.0 100.0 96,399 100.0 100.0 +9,297
Source: Australian Bureau of Statistics, Census of Population and Housing 2011 and 2016. Compiled and presented by .id , the
population experts.

2,483 studio/1 bedroom


dwellings in Blacktown
LGA. This represents 2.3%
of total households
compared with 7.8% in
Greater Sydney

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1 Walters Road, Blacktown

Demand for Studio/ 1 Bedroom Dwellings in Blacktown


There are a significant number of lone person households in Blacktown.

As at 2016, there were 15,362 lone person households in Blacktown. The greatest proportion of
these households are older lone persons comprising 5,947 persons (comprising 38% of all lone
person households) and this category has grown by 719 persons (an increase of 12%) from 2011
to 2016. This would suggest that Blacktown has an increasing number of elderly people who are
living alone.

There has also been a drop of young lone person households by 430 persons from 2011 to 2016
which may suggest that young persons are unable to afford housing alone in Blacktown or they
are sharing housing with others to share the cost of housing.

Households without children by life stage


Blacktown City - 2016 2011
Households
(Enumerated) Change
Households without Greater Greater 2011 to
Number % Number %
children Sydney % Sydney % 2016
Lone person households 15,362 14.5 20.4 15,103 15.7 21.5 +259
Young lone persons 3,750 3.5 5.8 4,180 4.3 6.5 -430
Middle-aged lone
5,665 5.4 6.5 5,695 5.9 6.9 -30
persons
Older lone persons 5,947 5.6 8.1 5,228 5.4 8.0 +719
Source: Australian Bureau of Statistics, Census of Population and Housing 2011 and 2016. Compiled and presented by .id , the
population experts.

Summary
Blacktown is one of the largest LGAs in NSW with a population of over 325,000 and expected to
grow to 448,797 by 2036. It is currently growing at twice the rate of the NSW population.

The Blacktown LGA has a significant number of lone person households providing a strong
underlying demand for studio/ 1 bedroom dwellings. As at 2016, there were 15,362 lone person
households in the Blacktown LGA, with 38% of these being older person households.

In contrast, on the supply side there are only 2,483 studio/ 1 bedroom dwellings available in the
Blacktown LGA in 2016.

This suggests that there are a lot of single persons living in dwellings with more than 1 bedroom
representing a significant undersupply of studio/ 1 bedroom apartments within the Blacktown
LGA and this gap is continuing to widen due to the lack of new product being built.

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1 Walters Road, Blacktown

5.4 Blacktown Development Control Plan 2015


Compliance with relevant requirements in Blacktown DCP 2013 is detailed below, and there are
no specific provisions in Part C of the DCP that apply to Boarding Houses.

Part A – Introduction and General Guidelines

Requirement Comment

4.2 Areas that require fill A small amount of fill is proposed at the rear of the development
to provide a minimum flood level that meets Council requirements.
Fill will be less than 1m, and will be sourced from clean excavation
material from the basement excavation.
4.3 Tree preservation The proposal does not propose the removal of any significant
trees from the property, and the existing stand of large trees in the
RE1 zoned land at the rear will be retained.
4.4 Pollution control Sediment and erosion controls will be used in the demolition and
construction stages, and all emissions would comply with the
Protection of the Environment Operations Act, and relevant
conditions imposed by Council
5.1 Blacktown road network The application does not propose access to any arterial or sub-
arterial roads, and access to Walters Road will be in accordance
with Council requirements. The application is also accompanied
by a Parking and Traffic Report which confirms the traffic
generation from the site will be within the capacity of surrounding
roads and intersections.
6 Car parking The DCP parking rates do not apply, and the proposal provides
the required amount of car parking under the Affordable Rental
Housing SEPP.

All vehicles are able to enter & leave the site in a forward direction,
disabled access parking is provided and good separation is
provided from the entry driveway to the intersection of Walters and
Kildare Roads.
7 Services The proposal is able to be serviced by water, sewerage, electricity
and telecommunications services.
8.1 Solar access Shadow diagrams are provided as part of the revised architectural
plans, showing shadowing at 2 hourly intervals during mid-
summer, the March/ September equinox and mid-winter. In mid-
summer there will be no shadow impacts outside the site, and at
the equinox there is negligible shadowing to the south, which does
not extend as far as development on adjoining properties. At mid-
winter there will be overshadowing on the southern side extending
to the adjoining buildings, and with areas of solar access
remaining to the existing dwelling house and townhouses. The
extent of shadowing to the south is similar to that of a dwelling
house on the each of the same lots, and having regard to the
planning controls applying to the site..
8.4 Crime prevention Crime prevention through environmental design principles have
been considered in the submitted Social Impact Assessment, and
the proposal will provide good passive surveillance to both the
street and public reserve to the rear, and access control will be
provided to prevent unauthorised access to the site.
9 Development on flood prone The rear part of the site is identified as flood prone, and a flood
land assessment has been undertaken and is submitted with the

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1 Walters Road, Blacktown

development. The proposed minimum floor level complies with


Council’s flood level (including freeboard) and the impact of the
proposal on flooding has been addressed as part of flood
assessment. The site has flood free access to Walters Road to the
west.

Part C – Development in the Residential Areas

Requirement Comment

1.5 Building elements and design A separate assessment has been undertaken of the proposal, and
principles its compatibility with the character of the local area, as required
under the Affordable Rental Housing SEPP, and in accordance
with the planning principle established by the Land and
Environment Court, and addressing height, setbacks, building
form, street frontage and streetscape, relationship with
surrounding developments, external materials and landscaping.
1.6 BASIX As the proposal is for a Class 3 Building under the BCA, a Section
J Assessment is required and provided with the application.
1.7 Retaining walls and ground There is a retaining wall located along the RE1 zone boundary.
reshaping
1.8 Demolition of buildings The proposal also seeks consent for demolition of the existing
dwelling house and ancillary structures on the site, and a
demolition work plan will be submitted for Council’s approval prior
to the commencement of any demolition or site works.
2 Subdivision for detached Does not apply to boarding houses
housing
3 Dwelling houses Does not apply to boarding houses

4 Dual occupancy housing and Does not apply to boarding houses


secondary dwellings
5 Attached dwellings and multi Does not apply to boarding houses
dwelling housing
6 Residential flat buildings Does not apply to boarding houses

7 Seniors housing Does not apply to boarding houses

8 Non residential development in Does not apply to boarding houses


the residential zones

Part G – Site Waste Management and Minimisation


A revised waste management plan is submitted with the application, in accordance with the
requirements of Part G of the DCP.

5.5 State and Regional Environmental Planning Policies


Relevant State and Regional Environmental Planning Policies (SEPPs and REPs) applying to the
land and the proposal are SEPP 19 - Bushland in Urban Areas, SEPP.55 – Remediation of Land,
Vegetation in Non-Rural Areas SEPP, 2017 and Sydney REP No. 20 – Hawkesbury-Nepean
River.

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1 Walters Road, Blacktown

The proposal is for a Class 3 building under the Building Code of Australia, and therefore the
BASIX SEPP does not apply. The application is instead supported by a Section J energy efficiency
assessment under the National Construction Code. SEPP 65 does not apply to the proposal by
virtue of clause 4(4) of that SEPP.

SEPP 19 - Bushland in Urban Areas


The proposal will not impact on any bushland. There is a stand of large trees at the rear of the
site, which is on land reserved for public open space, and these will be retained under the
proposal. The proposal is consistent with the objectives and requirements of SEPP 19.

SEPP.55 – Remediation of Land


SEPP 55 applies to all development and requires consideration and management of site
contamination issues as part of the development assessment process. The current use of the site
is for domestic residential purposes, and the previous use was for market gardens similar to all
surrounding properties, and there are no known previous uses that would lead to the site being
contaminated or unsuitable for the proposed use.

The adjoining land to the north contains a disused service station, and it’s understood the site was
sold by BP in 1995 and that the fuel tanks were removed and the site remediated. In 1996 the
NSW Environmental Protection Agency issued a letter advising the adjoining service station site
is suitable for residential development (copy at Attachment E).

On the basis of the previous uses of the subject land, and the removal of fuel tanks and
remediation of the former service station to the north, there is a low likelihood of contamination of
the subject land.

Changes to SEPP 55 – Remediation of Land


Work is underway on the preparation of a new SEPP and associated guidelines which would
update and replace SEPP 55 and the existing 'Managing Contaminated Land Planning
Guidelines’. There is no draft environmental planning instrument (ie a draft SEPP) as such,
however an Explanation of Intended Effect (EIE) and new draft guidelines have been publicly
exhibited. The changes to SEPP 55 and the guidelines do not impact on the consideration of
potential contamination for land such as the subject site compared to the current requirements of
SEPP 55.

Vegetation in Non-Rural Areas SEPP, 2017


The proposal does not involve the clearing of vegetation and is consistent with this SEPP.

Sydney REP 20 - Hawkesbury-Nepean River


This REP sets out planning considerations for Councils in the determination of development
applications within the Hawkesbury-Nepean River catchment. The proposal is consistent with the

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general planning considerations in clause 5 and the specific planning policies and recommended
strategies in clause 6. In particular:
• The proposal is for a local development that will not adversely impact on local or regional
catchments, and is not inconsistent with any strategies listed in the Action Plan of the
Hawkesbury-Nepean Environmental Planning Strategy;
• The proposal will not result in any adverse environmental impacts, either on the site or
downstream, and relevant stormwater disposal and water quality requirements are able
to be met;
• The proposal will not impact on total catchment management and stormwater is able to
be disposed in accordance with Council’s DCP requirements;
• The site is not located in an environmentally sensitive area;
• Water quality measures will be implemented at the construction stage, and through
ongoing stormwater management and the site is able to be serviced by reticulated
sewerage;
• The proposal will not impact on aquatic ecosystems and the amount of stormwater run-
off from the site and the rate at which it leaves the site does not significantly increase as
a result of the proposal.
• An AHIMS search shows there are no aboriginal sites or places recorded in or within
200m of the subject land (refer Attachment F);
• The proposal does not involve tree removal, and will not impact on any flora or fauna
communities or wetlands;
• The proposed lot sizes will be consistent with surrounding lot sizes; and
• The proposal is consistent with the Metropolitan Strategy and relevant strategies.

5.6 Central City District Plan


The Central City District Plan applies to the Blacktown LGA, guiding strategic planning across the
district and informing local planning and local planning controls. The plan sets out a number of
planning priorities and actions to achieve the vision and objectives of the plan. While the plan is
not an environmental planning instrument, the proposal is consistent with the affordable housing
objectives set out in Planning Priority C5 - Providing housing supply, choice and affordability, with
access to jobs, services and public transport. In particular the proposal will implement Objectives
10 and 11 of the plan, by providing more diverse and affordable housing and increasing affordable
housing supply.

Planning Priority C5 identifies changing demographic characteristics in the District, and in


particular a significant increase in the number of single person households. Diversity of housing,
including boarding houses, is an identified key principle to meet housing demand and the plan
identifies the Affordable Rental Housing SEPP as one of the mechanisms to increase the supply
of affordable housing, particularly in areas serviced by public transport.

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6 ENVIRONMENTAL IMPACTS

The proposal has considered a number of environmental impacts including:

6.1 Site Suitability


The subject land has been zoned to permit boarding houses as proposed in the application, and
the site is located in an accessible area for public transport, and in close proximity to Blacktown
CBD. The proposal will be in keeping with the character of the area, and will provide a suitable
transition to the adjoining commercial zoned land and will improve the streetscape along Walters
Road.

The site has an area of 1,890m2, and frontage of 18.29m to Walters Road, and is reasonably
dimensioned to accommodate the proposed development.

6.2 Previous Uses


The current use of the site is for domestic residential purposes, and the previous use was for
market gardens similar to all surrounding properties, and there are no known previous uses that
would lead to the site being contaminated or unsuitable for the proposed use.

The adjoining land to the north contains a disused service station, and it’s understood the site was
sold by BP in 1995 and that the fuel tanks were removed and the site remediated. In 1996 the
NSW Environmental Protection Agency issued a letter advising the adjoining service station site
is suitable for residential development.

On the basis of the previous uses of the subject land, and the removal of fuel tanks and
remediation of the former service station to the north, there is a low likelihood of contamination of
the subject land.

6.3 Flooding
The subject land is partly flood affected, and the application is supported by a Flood Impact
Assessment prepared by Storm Consulting, including flood modelling in accordance with
Council’s specifications. The assessment concludes that the proposed development will not result
in an increase in water level of more than 20mm within the vicinity of the site. This increase of
20mm is limited to a short distance of about 13m upstream of the site. Elsewhere, the existing
flood levels are either unchanged or vary between +/- 10mm. The maximum 1% AEP flood level
at the site is estimated at 47.95m AHD and this design flood level has been adopted in setting the
flood planning level for the property.

6.4 Drainage and Water Quality


The proposal is supported by stormwater drainage plans and a stormwater management report

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prepared by Marchese Partners which addresses existing site characteristics, stormwater


drainage connection, on-site detention storage and stormwater treatment measures, rainwater
reuse storage and temporary erosion and sediment control measures. The report concludes that
• The stormwater drainage connection is proposed to be located within the existing Council
easement pipe system on the eastern side of the property, in accordance with Council
correspondence and requirements;
• On-site detention is not considered to be necessary for the development, in accordance with
Council pre-lodgement advice
• Stormwater treatment measures are not considered to be necessary for the development, in
accordance with Council pre-lodgement advice;
• No rainwater storage is required to comply with energy efficiency requirements, but a
minimum 5000L rainwater tank is proposed to be installed to assist with landscape irrigation;
and
• Temporary erosion and sediment control measures are to be provided during construction to
prevent undesirable soil movement from the site

6.5 Car Parking, Access and Traffic


A Traffic Impact Assessment was prepared by SECA Solutions for the original, larger
development. The assessment concluded that from the site work and the review of the
development proposal against the requirements of the RTA Guide to Traffic Generating
Developments, the larger proposal could be approved on traffic and access grounds. The
additional traffic movements generated by the development will have an acceptable impact upon
the local road network and the additional traffic movements at the key intersections will have a
minimal impact upon the overall operation of these intersections. The revised proposal will have
a lesser traffic impact compared to the larger proposal that was supported by the Traffic Impact
Assessment, and will comply with the car parking requirements of the Affordable Rental Housing
SEPP.

6.6 Design
The proposal provides an appropriate design response for an elongated site with frontages to
both Walters Street and the public reserve to the rear, and providing a transition between adjoining
commercial zoned land to the north and a large medium density housing development to the
south.

The proposal provides a residential appearance to the street and to the rear in keeping with a
large dwelling house, and incorporates design elements that reduce the bulk and scale of the
development, and provide a building form consistent with the streetscape in Walters Road and
the character of the surrounding area.

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The proposal exhibits a high quality of architectural design which will enhance the local area and
is consistent with the design excellence requirements of Blacktown LEP 2015, as addressed in
part 5 of this Statement.

6.7 Social Impacts


The proposal has considered the social impacts of the development, which are addressed in a
Social Impact Assessment prepared by Cred Consulting, and submitted with the application. The
assessment identifies the demand for affordable boarding house accommodation in Blacktown,
and finds that:
• The proposal will have overall positive social impacts including increased provision of diverse
and affordable housing, consistent with the Blacktown Housing Strategy (adopted February
2012)
• The site is ideally located within walking distance to social infrastructure, employment and
transport, and services at Blacktown Town Centre, contributing to social equity in Blacktown,
and will also contribute to quality of life for residents through quality design
• The proposal is not likely to contribute to increased crime in the area, rather, it will support
safety in the area by increasing passive surveillance of the reserve to the rear of the site and
the design includes CPTED principles;
• The proposal; will have little to no impact on access to local services and facilities, and is in
keeping with the character of the area, and the little intensification of low income housing in
the area resulting from the proposal is a much lower concentration than 30% supported in
current FACS policy and supported by relevant research.

The Social Impact Assessment identifies a Plan of Management is required and that a reputable
and experienced organisation should be considered for management of the boarding house, and
both of these actions are currently underway.

6.8 Waste Collection


A revised waste management report has been submitted for the revised development, addressing
the management, storage and collection of waste from the development having regard to
Council’s DCP requirements..

6.9 Noise
Noise from the proposal will be domestic in nature, and the proposal includes a Plan of
Management which addresses noise management, including limits on visitor hours, use of
external spaces, use of communal rooms and noise from rooms. There are no external noise
sources that would adversely impact on the development.

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6.10 Privacy
The proposal has considered the privacy of surrounding properties and privacy screen treatment
is proposed for the limited side balconies proposed , and at the ground level 1.8m fencing will be
provided to maintain privacy between properties.

6.11 Overshadowing
Shadow diagrams are provided as part of the architectural plans, showing shadowing at 2 hourly
intervals during mid-summer, the March/ September equinox and mid-winter. In mid-summer
there will be no shadow impacts outside the site, and at the equinox there is negligible shadowing
to the south, which does not extend as far as development on adjoining properties. At mid-winter
there will be overshadowing on the southern side extending to the adjoining buildings, and with
areas of solar access remaining to the existing dwelling house and townhouses. Anynew dwelling
houses on the subject land, within the proposed height limit, would cast a similar length of shadow
compared to the subject proposal.

6.12 View Impacts


The proposal will not adversely impact on any views or view corridors, and having regard to the
proposed building height allowed on the subject land, and with an even higher allowed building
height on the adjoining commercial land to the north.

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7. SECTION 4.15 CONSIDERATIONS

The following assessment addresses the matters required to be considered under Section 4.15
of the Environmental Planning & Assessment Act 1979.

(1) Matters for consideration—general


In determining a development application, a consent authority is to take into consideration such
of the following matters as are of relevance to the development the subject of the development
application:

(a) the provisions of:

(i) any environmental planning instrument


Comment: the proposal has been assessed against both the Blacktown LEP 2015 and
relevant State Environmental Planning Policies including the Affordable Rental
Housing SEPP, and is consistent with relevant objectives and requirements.

(ii) any draft environmental planning instrument that is or has been placed on public
exhibition and details of which have been notified to the consent authority (unless the
Director-General has notified the consent authority that the making of the draft
instrument has been deferred indefinitely or has not been approved)
Comment: A draft amendment to the Affordable Rental Housing SEPP has been
publicly advertised, which would restrict the number of boarding house rooms in a
development on a site zoned R2 Low Density Residential zone to 12. This amendment
has not been made however the application would be protected by savings and
transitional provisions applying to any changes. It is noted the proposed amendment
was proposed irrespective of lot size and would apply equally to a 450m2 site as a
1,362.2m2 site (as is the subject land), and irrespective, the subject land contains 2
separate lots, and could therefore accommodate 2 separate developments of 12 units
each, if the amendment was made as exhibited. Notwithstanding the exhibited SEPP
amendment, the proposal is for a modest-scale development, which is in keeping with
the large size of the site, and its location adjoining commercial zoned land and in an
“accessible area” close to the Blacktown City Centre.

(iii) any development control plan


Comment: the proposal has been assessed against relevant requirements of
Blacktown DCP 2015. The DCP does not include specific requirements for boarding
houses, and the proposal meets the objectives of, and complies with relevant DCP
requirements applying to the development.

(iiia) any planning agreement that has been entered into under section 7.4, or any draft
planning agreement that a developer has offered to enter into under section 7.4
Comment: There is no planning agreement relevant to the subject land or the proposal.

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(iv) the regulations (to the extent that they prescribe matters for the purposes of this
paragraph), that apply to the land to which the development application relates
Comment: There are no matters prescribed in the regulations that impact on the
proposal.

(b) the likely impacts of that development, including environmental impacts on both the natural
and built environments, and social and economic impacts in the locality
Comment: Environmental impacts have been considered and addressed for the proposal,
including impacts on privacy, overshadowing and views. The social and economic impacts
of the proposal are positive in terms of providing additional affordable housing and housing
choice that will support the central Blacktown area, will provide a form of housing with a
demonstrated need and is consistent with the Blacktown Housing Strategy.

(c) the suitability of the site for the development


Comment: As detailed in the previous section, the site is considered to be suitable for the
proposed development.

(d) any submissions made in accordance with this Act or the regulations
Comment: This is a matter for Council to consider once the application has been notified.

(e) the public interest


Comment: the proposal will provide a quality development that will increase the supply of
affordable housing in an accessible location, and in response to existing demand for
affordable housing in the Blacktown area. The proposal will be compatible with the character
of the local area and on each of these grounds is in the public interest.

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8. CONCLUSION

In conclusion, the proposal is a permitted use for the land and will provide much needed affordable
rental housing in a quality development and in an area with good accessibility to public transport
and Blacktown CBD. The proposal is consistent with surrounding land uses, being located
between commercial zoned land and a large medium density housing development, and with a
large open space reserve at the rear. The proposal is consistent with the objectives of the zone
and is consistent with existing development in the locality and the intended future character and
development of the area. The proposal complies with all relevant requirements under Blacktown
LEP 2015 and the Affordable Rental Housing SEPP, and meets the objectives and relevant
requirements of Blacktown Development Control Plan 2015.

An assessment of the proposal has been carried out pursuant to Section 4.15 of the
Environmental Planning & Assessment Act 1979, which supports the proposal, which will meet
an identified demand for additional affordable housing in Blacktown.

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ATTACHMENT A – SURVEY PLAN

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ATTACHMENT B – ADDITIONAL LOCALITY PHOTOS

Adjoining commercial land to the north

Figure B1 - Commercial land along Kildare Road, immediately adjoining the


side boundary of the subject land

Figure B2 - Former service station immediately adjoining the subject land

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Figure B3 - Former service station along the side boundary of the subject land

Figure B4 - Veterinary hospital and used car yard on Kildare Road, which adjoin
the side boundary of the subject land at the rear

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Figure B5 - Further commercial development on Kildare Road

Figure B6 - Subject land located to the rear of commercial development on Kildare Road

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Adjoining residential land to the south

Figure B7 - Adjoining dwelling houses on Kildare Road, south of the subject land

Figure B8 - Medium density housing on Kildare Road (adjoins subject land to


the side at the rear)

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Figure B9 - Medium density housing on Kildare Road (adjoins subject land to


the side at the rear)

Figure B10 - Medium density housing adjoining the subject land on the rear side
boundary (viewed from public reserve at the rear)

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Figure B11 - Medium density housing adjoining the subject land on the rear side
boundary (viewed from public reserve at the rear)

Figure B12 – Streetscape along eastern side of Walters Road

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Figure B13 – Further medium density housing on Walters Rd, south of the subject land

Figure B14 – Rear of medium density housing, from public reserve at the rear

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Figure B15 – Salvation Army Youth Link Facility on Walters Rd, south of the subject land

Figure B16 – rear of Salvation Army Youth Link Facility, from public reserve

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Figure B17 – Housing on Walters Rd, south of the subject land

Figure B18 – Housing on Walters Rd, south of the subject land

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Figure B19 – Housing on Walters Rd, south of the subject land

To northern side Walters Road

Figure B20 – Housing on western side Walters Rd south of the subject land

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Figure B21 – Housing on western side Walters Rd south of the subject land

Figure B22 – Housing on western side Walters Rd south of the subject land

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Figure B23 – Storage area on western side Walters Rd, opposite the subject land

Figure B24 – Housing on cnr of Walters Rd and Kildare Rd, opposite the subject land

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Figure B25 – Housing on cnr of Walters Rd and Kildare Rd, opposite the subject land

Development on northern side of Kildare Road

Figure B26 – Housing on northern side of Kildare Road

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Figure B27 – Hotel on northern side of Kildare Rd

Public Reserve at the rear

Figure B28 – Rear of Walters Rd medium density housing from public reserve

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Figure B29 – Rear of Kildare Rd commercial development from public reserve

Figure B30 – Rear of medium density housing adjoining the subject land

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Figure B31 – Rear of Meroo St medium density housing from public reserve

Figure B32 – Rear of Meroo St development from public reserve

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Figure B33 – Rear of Meroo St development from public reserve

Figure B34 – Rear of Meroo St medium density development from public reserve

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Figure B35 – Public reserve looking towards the rear of the subject land

Figure B36– Rear of Meroo St development from public reserve

ATTACHMENT C– LETTER FROM MISSION AUSTRALIA

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ATTACHMENT D – PLAN OF MANAGEMENT

(Provided under separate cover)

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ATTACHMENT E – EPA LETTER

(Provided under separate cover)

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ATTACHMENT F – AHIMS SEARCH RESULTS

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