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1. The subject site is 801 square metres.

   It is a corner site whose eastern boundary addresses Banks Drive, whose secondary frontage (northern boundary) addresses Teak Street, and adjacent to its western boundary is a single story brick veneer home built on 12 Teak Street built across the northern area of that site, across the lot with private open space in the south of that site. Adjacent to its southern boundary at 214 Banks Drive is a single story detached home built across the central and northern area of that site. At the south east of the subject site is an electrical substation in the site's front yard, based on the primary frontage.

   The site slopes from the primary frontage to its rear, and from its secondary frontage at a lesser gradient towards its southern boundary. Broadly the surrounding area topography follows a similar pattern when the context is observed in person and by viewing maps with elevation contours.

   The homes upon the eastern side of Banks Drive could colloquially be described as being "on the high side of the street".

   The surroundings consist very predominantly of single story detached homes, with a very small number of double story homes. It is apparent that some of the double story homes are homes originally constructed as single story with first floor additions. In those cases and upon the subject site, the upper level boundary setbacks are greater than the ground level boundary setbacks.

   Despite there being a small number of double story homes existing, they are all substantially set back from their site's boundaries so that there would in their case no remarkable overshadowing, overlooking of private open spaces, nor would the be visually prominent in the surroundings and the streetscape.

   Upon the subject site is a small single story home with a first floor addition subsequently erected later than the original construction. The private and secluded open spaces are predominantly permeable except for the driveway and crossover.

   In the south western portion of the subject site and upon adjacent sites are mature broad canopy trees. The surrounding sites contain a number of mature canopy trees of both native and exotic origin.

   Banks Drive is a collector road that intersects with a key arterial road (Mamre Road) and is close to those residents requiring access to or from the M4 Motorway. Fortunately due to the generally long setbacks from front boundaries, the residents do not experience substantial acoustic impact from the regular traffic and high peak time traffic volumes. St Clair has a limited number of access routes and from the western area of the suburb for the majority of its residents the most suitable access is via Banks Drive.

   The subject site is upon the western side of Banks Drive. Along the eastern side of Banks Drive and predominantly along the western side, is a streetscape of older style detached homes with building lines very well set back from their front boundaries.

   The context would be correctly described as one in which the homes are subservient to the streetscape.

   Along Banks Drive the predominant landscaping context is a majority of the homes with extensive trees planted and many with mature canopy trees of mixed native or exotic origin.

   The subject site has mature board canopy trees within, and a mature pine tree in its rear and front portions. The extent of vegetation buffers the visual impact of vegetation and spread of light and glare at night.

   The predominant building material and facade material in the context is brick veneer with a very small number of double story homes featuring other cladding types upon their first floor.

   The height, scale and massing of the proposal together with its setbacks will dominate the surroundings and fail to respond appropriately to the surrounding context.

   Facades, materials, colours, finishes and structural elements lack articulation and rhythm that responds appropriately to context.

   The proposal will unreasonably impact the amenity and privacy of the adjacent sites due to acoustic, light, overshadowing and overlooking.

   A significant number of local homes now participate in using rooftop solar power generation, and a reduction in solar access will impact the equitable opportunities for participation and acceptable yields, of the sites located south, and west, of the subject site.

   Due to the limited setbacks from road reserve boundary at Banks Drive, the proposal will provide unacceptable acoustic impacts upon its future occupants.

   The private and secluded open spaces of 12 Teak Street will have severely reduced experience of morning sun. I note that the non-habitable portions of the 12 Teak Street home are located at the western end of the home (its garage and crossover) and that its eastern portion consists of habitable room usages.

   The height and setbacks and building design associated with the proposal will create overlooking of the secluded open spaces of 12 Teak Street, 10 Alpine Circuit, and 214 Banks Drive.

   The height and design of the proposal will also create overlooking by each of the homes of the other home's secluded open spaces.

   The height and setbacks of the proposal will create losses of solar access and overshadowing at equinoxes and winter solstice of the private and secluded open spaces of 12 Teak Street, 10 Alpine Circuit, and 214 Banks Drive.

   The site orientation, height and upper level setbacks of the proposal will create significant overshadowing and poor solar access to the Proposal's secluded open spaces at equinoxes and winter solstice.

   The proposal fails to respond appropriately to the topography of the site and context, and will be visually prominent from the secluded open spaces of the adjacent sites and also sites that are adjacent to the adjacent sites.

   The massing and finishes of the of the structures, together with reduced site permeability, in the proposal fail to respond appropriately to the Heat Island matters in the Penrith Local Environmental Plan.

   The facades and finishes of the proposal addressing the road frontages, together with the lack of provision for broad canopy trees planted forward of the building lines in deep soil zones, create proposals disrupting the street rhythm and without buffering that will dominate the surroundings.

   The facades addressing the primary and secondary frontages lack sufficient structural and articulation elements to buffer their domination of the streetscape and disruption of streetscape rhythm.

   The reduced setbacks of the proposal, together with a lack of external lighting for its private and secluded open spaces that is "recessed, directed, shielded and of minimal intensity" will create unreasonable amenity impacts upon adjacent sites as well as the double story walls of the proposal propagating and reflecting glare of night time light. This is unlikely to be addressed satisfactorily without suitable consent conditions that external lighting must be shielded, recessed in acceptable fittings, baffled, directed (down only), of colour temperature below 3000K and of minimal intensity.

   The structure heights and setbacks present the increased transmission of noise and acoustic impacts from their use, to the adjacent site's secluded open spaces and habitable windows.

   The height and setback of the eastern facades addressing Banks Drive, together with lack of buffering by canopy trees and their colours, materials and finishes will create reflection and propagation of night light from street lamps and traffic and glare impacting unreasonably the homes upon the eastern side of Banks Drive that are opposite the subject site generally.

   The reduced site permeability of the proposal will create increased stormwater discharge from the site and due to the natural fall of the land, discharge of stormwater and increased overland flow velocity to the adjacent sites.

   The proposal lacks water sensitive urban design and measures to contain, delay and/or reduce the discharge of stormwater onto adjacent sites due to the natural fall of the land being in the south western direction.

   The Proposal contains insufficient material to affirm that it responds appropriately to the surrounding context and the relevant matters in the Penrith Local Environmental Plan.

   The Proposal fails to respond positively to the Objectives of the Zoning R2 Low Density Residential in the Penrith Local Environmental Plan.

   The Proposal provides for insufficient meaningful landscaping, deep soil zones, and upon completion, plantings of suitable and sufficient broad canopy trees.

   The Proposal fails to respond appropriately to the site constraints of a power substation in the site's southeastern corner, splayed area in its northeast, the site's dimensions, and due to being a corner site the limited opportunities to create acceptable sizes and quality of secluded open spaces with adequate solar access at winter solstice.

   It is noted that the road frontage setbacks proposed will be substantially less than the average of surrounding front setbacks (building lines).

   The Proposal is an overdevelopment of the site and fails to respond appropriately to the Penrith Local Environmental Plan, the site's constraints and context and it is urged that it be refused.

   The lack of provision for canopy trees with heights upon maturity equalling or exceeding the structure heights, fails to respond appropriately to the Heat Island matters in the Penrith Local Environmental Plan.

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