Agenda of Council Meeting - 5 February 2014

Hurstville City Council – Council Meeting Wednesday, 5 February 2014

CCL003-14 2 Orana Crescent Peakhurst - Construction of Carport adjacent to dwelling

Applicant	Benjamin Waples
Proposal	Construction of a Tandem Carport adjacent to a dwelling
Owners	Benjamin Waples
Report Author/s	Development Assessment Officer, Mr I Kokotovic
File	DA2013/0390
Previous Reports Referenced	No
Disclosure of Political Donations or Gifts	No
Zoning	Zone R2 – Low Density Residential
Existing Development	Single storey dwelling and rear detached shed
Cost of Development	$10,000.00
Reason for Referral to Council	One (1) variation to DCP 1
Planning Instruments Applicable	Hurstville Local Environmental Plan 2012, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, State Environmental Planning Policy No 55 – Remediation of Land, Development Control Plan No 1 – LGA Wide – Section 4.1 Single Dwelling Houses, Section 4.6 Outbuildings
Hurstville Local Environment Plan Interpretation of Use	Ancillary to Dwelling house

EXECUTIVE SUMMARY

1. The application seeks approval for a new carport to the side of the dwelling.

2. The proposed development is considered a minor addition in view of its design, size and impact to adjoining allotments, and is compatible and consistent with Council’s objectives.

3. The proposal complies with all but one (1) control relating to front setback in Council’s relevant Development Control Plan.

4. No objections to this proposal were received.

AUTHOR RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks approval for the construction of a tandem carport to the side of the dwelling, over the existing driveway.

The proposal consists of:

· A tandem carport with a covered walk way wrap-around of 57.7sqm. The carport is to be constructed from the east side of the dwelling to the boundary over the existing driveway, and is proposed to extend forward of the existing building line.

· The carport is to be attached to the dwelling with a 200mm setback to the eastern side boundary, and a 1.85m setback to the front boundary.

· A low pitched skillion roof design extends from the existing dwelling gutter line with a maximum roof height of 3.45m. The ceiling and eave height of the carport is 2.8m.

· All carport roof water will discharge by gravity to the kerb and gutter in Orana Crescent, with final destination to Council’s street stormwater system.

DESCRIPTION OF THE SITE AND LOCALITY

The site is irregular in shape with a width and frontage to Orana Crescent of 18.175m and a rear boundary splayed to a total dimension of 11.63m. The total site area is 591.92sqm. The site has a minor yet consistent cross-slope (from south-west to north-east), and faces north, being on the south side of Orana Crescent.

The site has one (1) car-space in the driveway adjacent to the dwelling and one (1) in front of the dwelling building line. There is a rear garage/shed, however there is no vehicular access beyond the dwelling to the rear, as the driveway carriageway width (1.9m) does not comply with the minimum required 2.1m width to allow vehicular access.

Existing development comprises a single storey fibro-clad dwelling and rear single garage.

The site is surrounded to the east and rear by the rear yards of 5 dwellings and a two storey dwelling to the west. Immediately adjacent to the proposed carport area of development is a detached garage on the eastern adjoining property with same setback to the Orana Crescent boundary as proposed. The area on the street is characterised by single and two (2) storey, low density residential dwellings.

COMPLIANCE AND ASSESSMENT

The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979.

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

Clause

Standard

Assessment Under HLEP 2012

Part 2 – Permitted or Prohibited Development

R2 Low Density Zone

The proposal is defined as ancillary to a dwelling house for residential purposes and is permissible in the zone

Objectives of the Zone

The proposal complies with the objectives of the zone

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

3.45m and complies

4.4 – Floor Space Ratio

0.6:1 as identified on Floor Space Ratio Map

N/A – no enclosed space

4.5 – Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl.4.5

N/A – no enclosed space

5.9AA – Preservation of Trees or Vegetation

The Cocos Palm Trees to be removed is specified in DCP1 as a tree exempt from consent for removal.

The Plumeria (Frangipani) tree to be removed is not specified as a tree requiring consent or exempt from consent for removal.

Two trees to be removed

-not native/endemic species

-not significant (less than 3m high)

-not part of natural wildlife habitat or riparian zone

-not of high scenic or environmental amenity

Matters to which Council must be satisfied

The development achieves the objectives of the zone, is compatible with surrounding area, and will not result in any environmental harm

6.5 – Gross floor area of dwelling house

< 630sqm

/ 0.55:1

N/A – no changes to existing

6.7–Essential Services

Development not to affect Council /Essential services

No impacts on services, can connect to Council’s kerb and gutter by gravity

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

The site is within the area affected by the Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment. The proposal, including the disposal of stormwater, is consistent with Council’s requirements for the disposal of stormwater in the catchment.

2. Draft Environmental Planning Instruments

There are no applicable draft Environmental Planning Instruments relevant to this proposal.

3. Development Control Plans

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING HOUSES

The proposed development complies with all but one (1) of the Single Dwelling House Controls, by not altering or adding to the existing dwelling. It does not affect the landscaped area calculations of the site as it is constructed over a driveway. Due to its conservative height, the carport provides negligible solar access and visual amenity impact on the adjoining southern premises.

Despite improving on-site car parking conditions, the non compliance relating to the front setback of the carport is justified.

Single Dwelling House Controls	Required	Proposed	Complies
Site Area		591.92sqm
Front Setback (carport)	5.5m	1.85m	No (1)
Parking Spaces Required	Min 2 behind building line, merit-based assessment of existing conditions	Maintains existing 1 behind the dwelling building line - existing and retained, only other car- space in front of dwelling	Yes

(1) Front Setback - Carport

Council’s Development Control Plan requires 5.5m front setback from the front boundary to carports.

In this case the proposed works would result in a tandem carport which attaches to the existing dwelling over the existing driveway and extending forward.

When considering the proposed structure Council must be satisfied that the objectives of the controls are met. In this case the carport design is considered reasonable by meeting the objectives as follows:

(a) It provides a minor increased impact to the locality and matches the existing front setback of the adjacent eastern premises garage

(b) It is designed with a complying height and with an open design so as not to impact on the adjacent eastern premises

(c) It contributes to the streetscape and does not cause additional visual impact by providing an integrated carport roof design, by not reducing the existing front yard vegetation

(d) As an open structure it retains the existing sight-lines to the footpath and road reserve and as such does not reduce existing safety for reversing vehicles on-site.

(e) It connects to the existing storm-water system in the street.

Further, the vehicular access is restricted to one car space behind the front building line, as the carriage-way beyond this point is restrictive for vehicles to access the existing rear garage (only 1.9m wide). As such,

(f) It is reasonable to allow for two covered car-spaces over the only two car-spaces on-site (one adjacent to the dwelling and one in front).

It is considered the proposal provides a consistent development solution with respect to the objectives and desired streetscape outcomes expressed in the Development Control Plan. The proposal is considered satisfactory by providing a justifiable, minor non compliance and is not an overdevelopment. The proposal also improves the conditions for car parking onsite, and any impacts to surrounding premises and the locality are considered minor.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.6 OUTBUILDINGS

Carport	Standard	Proposed	Complies
Open Proportion	33%	34.57% (14m of 40.9m)	Yes
Setback (side and front)	0mm & 5.5m	200mm & 1.85m	Yes (1)
Height Maximum	3m (NGL to ceiling)	2.95m	Yes

(1) Setback (side and front)

Refer to Section 4(1) above.

4. Impacts

Natural Environment

The trees and vegetation required to be removed may be done so according to the appropriate standards to be conditioned on any consent. Otherwise it is considered the proposal has a minimal impact on any species endangered or not endangered.

Built Environment

The proposed development has been assessed against the requirements of the relevant planning instruments and Development Control Plans. The proposed carport complies on merit with the objectives of the Development Control Plan and is a minor development with negligible impact. Overall the proposal is not an overdevelopment, which improves on-site car parking conditions.

Social Impact

The proposed development has no apparent social impacts.

Economic Impact

The proposed development has no apparent economic impacts.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

The application was notified to five (5) owner/residents in accordance with Council’s requirements and no submissions were received in reply.

Council Referrals

The application was referred and no Council officer comments were made on the proposal.

6. CONCLUSION

The application is for the construction of a tandem carport and complies with the objectives of Council’s relevant Development Control Plan and complies in full with the provisions of the relevant Section 79C of the Environmental Planning and Assessment Act 1979 (as amended).

DETERMINATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application DA2013/0390 for construction of a tandem carport to the side of the dwelling on Lot 65 DP25632 and known as 2 Orana Crescent, Peakhurst, subject to the following conditions:

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

These conditions have been imposed to ensure that the development is carried out in accordance with the approved plans and to ensure that the appropriate fees and bonds are paid in relation to the development.

1. GEN1001 - Approved Plans - The development must be implemented in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council’s approved stamp, except where marked up on the plans and/or amended by conditions of this consent:

Ref. No.	Date	Description	Rev.	Prepared by
DA-01	19/11/13	Site Plan / Floor Plan / Elevations	A	Neate Projects

2. GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

(a) Fees to be paid to Council:

Schedule of fees, bonds and contributions

Fee Type	Paid	Amount	Receipt Date	Receipt No
Development Application Fee	X	$200.00	22/11/13	2010814
Notification Fee	X	$144.00	22/11/13	2010814
Imaging Fee	X	$69.00	22/11/13	2010814
Builders Damage Deposit		$550.00
Inspection Fee for Refund of Damage Deposit		$70.00

PCA Services Fee		$285.00
Construction Certificate Application Fee		$285.00
Construction Certificate Imaging Fee		$69.00

Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

3. GEN1015 - Damage Deposit - Minor Works - In order to insure against damage to Council property the following is required:

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $550.00.

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $70.00.

(c) At the completion of work Council will inspect the public works, and the damage deposit will be refunded in full upon completion of work where no damage occurs. Otherwise the amount will be either forfeited or partly refunded according to the amount of damage.

(d) Prior to the commencement of work a photographic record of the condition of the Council nature strip, footpath and driveway crossing, or any area likely to be affected by the proposal, shall be submitted to Council

(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

(f) Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

4. APR6001 - Engineering - Section 138 Roads Act and Section 68 Local Government Act 1993

Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

A separate approval is required to be lodged and approved under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath):

(a) Placing or storing materials or equipment;

(b) Placing or storing waste containers or skip bins;

(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f) Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

(i) Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j) Stormwater and ancillary works in the road reserve; and

(k) Stormwater and ancillary to public infrastructure on private land

(l) If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

The relevant Application Forms for these activities can be downloaded from Hurstville City Council’s website www.hurstville.nsw.gov.au/I <http://www.hurstville.nsw.gov.au/I> want to/Download a Council Form. For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

5. APR6004 - Engineering - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Maritime Services, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

These conditions have been imposed by other NSW Government agencies either through their role as referral bodies, concurrence authorities or by issuing General Terms of Approval under the Integrated provisions of the Environmental Planning and Assessment Act 1979.

6. GOV1007 - Sydney Water - Quick Check - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Care Centre to determine whether the development application will affect Sydney Water’s sewer and water mains, storm water drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then see Building and Renovating under the heading Building and Developing, or telephone 13 20 92. The appointed PCA must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans prior to the issue of the Construction Certificate.

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

These conditions either require modification to the development proposal or further investigation/information prior to the issue of the Construction Certificate to ensure that there is no adverse impact.

7. CC2024 - Development Assessment - Design - Encroachment of structures - No part of any structure (including gutters and eaves) may encroach or overhang any property boundary.

8. CC2001 - Development Assessment - Erosion and Sedimentation Control - Erosion and sediment controls must be provided to ensure:

(a) Compliance with the approved Erosion and Sediment Control Plan

(b) Removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed without approval)

(d) silt fences, stabilised entry/exit points or other devices are installed to prevent sediment from entering drainage systems or waterways

(e) all erosion and sediment controls are fully maintained for the duration of demolition, excavation and/or development works

(f) controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadway

(g) all disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar

(h) Compliance with Managing Urban Stormwater - Soils and Construction (Blue Book) produced by Landcom 2004.

These measures are to be implemented before the commencement of work (including demolition and excavation) and must remain until the issue of the Occupation Certificate.

9. CC3001 - Development Engineering - Stormwater System - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

The carport stormwater shall drain by gravity to the existing drainage system , to discharge in Council's kerb and gutter in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

The design of this proposed drainage system must be submitted for approval with the Construction Certificate application.

10. CC5003 - Trees - Tree Removal - Private Land - Permission is granted for the removal of the trees adjacent to the eastern side boundary, to accommodate the construction of the carport, as per Hurstville Council's Tree Removal and Pruning Guidelines. A copy of Hurstville Council’s Tree Removal and Pruning Guidelines, can be downloaded from Council’s website www.hurstville.nsw/Residents/Tree <http://www.hurstville.nsw/Residents/Tree> Management.

11. CC7004 - Building - Structural details - Structural plans, specifications and design statement prepared and endorsed by a suitably qualified practising structural engineer who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the Certifying Authority for any structural elements as required by the building design.

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

12. PREC2001 - Building regulation - Site sign - Soil and Erosion Control Measures - Prior to the commencement of works (including demolition and excavation), the durable site sign issued by Hurstville City Council in conjunction with this consent must be erected in a prominent location on site. The site sign warns of the penalties which apply to pollution, storing materials on road or footpath and breaches of the conditions relating to erosion and sediment controls. The sign must remain in a prominent location on site up until the completion of all site and building works.

13. PREC6001 - Engineering - Dial before your dig - The applicant shall contact “Dial Before You Dig on 1100” to obtain a Service Diagram prior to the issuing of the Construction Certificate. The sequence number obtained from “Dial Before You Dig” shall be forwarded to Council’s Engineers for their records.

DURING WORK

These conditions have been imposed to ensure that there is minimal impact on the adjoining development and surrounding locality during the construction phase of the development.

14. CON2001 - Development Assessment - Hours of construction for demolition and building work - Work in connection with the demolition of any existing buildings and the removal of spoil and materials from the site that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00am to 5.00pm, Monday to Saturday inclusive. No work or ancillary activity shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A Penalty Infringement Notice may be issued for any offence.

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

15. CON2002 - Development Assessment - Ground levels and retaining walls - The ground levels of the site shall not be excavated, raised or filled, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

16. CON6002 - Engineering - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste or skip bins, or any other matter is not permitted unless separately approved by Council under Section 138 of the Roads Act and/or under Section 68 of the Local Government Act 1993. Penalty Infringement Notices may be issued for any offences and severe penalties apply.

17. CON8001 - Waste - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the Principal Certifying Authority and a copy provided to the Manager Environmental Services, Hurstville City Council.

ONGOING CONDITIONS

These conditions have been imposed to ensure that the use or operation of the development does not adversely impact on the amenity of the neighbourhood or environment.

18. ONG2005 - Development Assessment - No consent for enclosure of buildings/structures - The carport must not be enclosed without prior Council approval.

ADVICE

This advice has been included to provide additional information and where available direct the applicant to additional sources of information based on the development type.

19. ADV2002 - Development Assessment - Site Safety Fencing - Site fencing must be erected in accordance with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

For more information visit <http://www.workcover.nsw.gov.au>

Schedule B – Prescribed Conditions

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

It is the responsibility of the beneficiary of this consent to determine which prescribed conditions apply.

20. PRES1002 - Clause 98 – Building Code of Australia & Home Building Act 1989 - Requires all building work to be carried out in accordance with the Building Code of Australia. In the case of residential building work to which the Home Building Act 1989 relates, there is a requirement for a contract of insurance to be in force before any work commences.

21. PRES1003 - Clause 98A – Erection of Signs - Requires the erection of signs on site and outlines the details which are to be included on the sign. The sign must be displayed in a prominent position on site and include the name and contact details of the Principal Certifying Authority and the Principal Contractor.

22. PRES1004 - Clause 98B – Home Building Act 1989 - If the development involves residential building work under the Home Building Act 1989, no work is permitted to commence unless certain details are provided in writing to Council. The name and licence/permit number of the Principal Contractor or Owner Builder and the name of the Insurer by which work is insured under Part 6 of the Home Building Act 1989.

23. PRES1007 - Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

Schedule C – Operational & Statutory Conditions

These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au.

It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.

24. OPER1001 - Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued by the consent authority, the Council (if the Council is not the consent authority) or an accredited certifier.

An application form for a Construction Certificate is attached for your convenience.

25. OPER1002 - Appointment of a Principal Certifying Authority - The erection of a building must not commence until the beneficiary of the development consent has:

(a) appointed a Principal Certifying Authority (PCA)for the building work; and

(b) if relevant, advised the PCA that the work will be undertaken as an Owner-Builder.

If the work is not going to be undertaken by an Owner-Builder, then the beneficiary of the consent must:

(a) appoint a Principal Contractor to undertake the building work. If residential building work (within the meaning of the Home Building Act 1989) is to be undertaken, the Principal Contractor must be a holder of a contractor licence; and

(b) notify the PCA of the details of any such appointment; and

(c) notify the Principal Contractor of any critical stage inspections or other inspections that are required to be carried out in respect of the building work.

An Information Pack is attached for your convenience should you wish to appoint Hurstville City Council as the Principal Certifying Authority for your development.

26. OPER1003 - Notification of Critical Stage Inspections - No later than two (2) days before the building work commences, the PCA must notify:

(a) the consent authority and the Council (if not the consent authority) of his or her appointment; and

(b) the beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the building work.

27. OPER1004 - Notice of Commencement - The beneficiary of the development consent must give at least two (2) days notice to the Council and the PCA of their intention to commence the erection of a building.

A Notice of Commencement Form is attached for your convenience.

28. OPER1007 - Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifying Authority. The critical stage inspections required to be carried out vary according to Building Class under the Building Code of Australia and are listed in Clause 162A of the Environmental Planning and Assessment Regulation 2000.

29. OPER1008 - Notice to be given prior to critical stage inspections - The principal contractor for a building site, or the owner-builder, must notify the principal certifying authority at least 48 hours before each required inspection needs to be carried out.

Where Hurstville City Council has been appointed PCA, Forty-eight (48) hours notice in writing, or alternatively twenty-four (24) hours notice by facsimile or telephone, must be given to when specified work requiring inspection has been completed.

30. OPER1009 - Occupation Certificate - A person must not commence occupation or use of the whole or any part of a new building unless an Occupation Certificate has been issued in relation to the building or part.

Only the Principal Certifying Authority appointed for the building work can issue the Occupation Certificate.

An Occupation Certificate Application Form is attached for your convenience.

If you need more information, please contact the Development Assessment Officer, below on 9330-6222 during normal office hours.

Watch videos relating to 2 Orana Crescent Peakhurst

APPENDICES

Appendix View1	Location Plan - 2 Orana Crescent Peakhurst
Appendix View2	Site & Floor Plan / Elevation / Section - 2 Orana Crescent Peakhurst
Appendix View3	Photo - Front of Site - 2 Orana Crescent Peakhurst
Appendix View4	Photo - Driveway - 2 Orana Crescent Peakhurst
Appendix View5	Photo - Rear of site and garage/shed - 2 Orana Crescent

Hurstville City Council – Council Meeting Wednesday, 5 February 2014

CCL004-14 28 Blackbutt Avenue Lugarno - Demolition of existing garage, ground floor extension to front, extension to rear, new driveway and internal alterations

Applicant	Michael Miknic
Proposal	Demolition of existing garage, ground floor extension to front, extension to rear, new driveway and internal alterations
Owners	D and K Malone
Report Author/s	Development Assessment Officer, Mr K Kim
File	DA2013/0305
Previous Reports Referenced	No
Disclosure of Political Donations or Gifts	No
Zoning	R2 Low Density Residential
Existing Development	Two storey dwelling house, detached garage to front and in-ground swimming pool and outbuilding to rear
Cost of Development	$ 250,000.00
Reason for Referral to Council	Variations to DCP No 1
Planning Instruments Applicable	Hurstville Local Environmental Plan 2012, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, Development Control Plan No 1 - Section 3.1 Car Parking and Section 4.1 Single Dwelling Houses, Section 4.6 Outbuildings, State Environmental Planning Policy No. 55 – Remediation of Land, and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
Hurstville Local Environment Plan Interpretation of Use	Dwelling house

EXECUTIVE SUMMARY

1. The proposal seeks approval for the demolition of an existing garage and alterations and additions to an existing dwelling house on the site.

2. The proposed garage varies DCP No 1 as the proposed side setback for the garage is less than 0.9m and the proposed driveway grade is greater than 25% (in part) as specified in the applicable Australian Standard AS 2890.1: 2004. The proposal also indicates a variation to the location of the carport, being forward of the building line of the dwelling.

3. The subject site is located within the Foreshore Scenic Protection Area and is bushfire affected.

4. No submissions were received in relation to this application.

AUTHOR RECOMMENDATION

THAT the application be granted a 'deferred commencement' approval in accordance with the conditions included in the report.

REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks approval for the demolition of an existing garage and alterations and additions to an existing dwelling house on the site. In detail, the proposal is to contain the following building works:

Double garage and carport

· The proposed garage is to replace the existing detached garage and is to be attached to the western side of the dwelling. A new driveway is also proposed for the garage with a maximum driveway grade of 30% (in part), due to the natural contours of the site. A new walkway is proposed on the eastern side of the proposed driveway.

· A new turning area is proposed on the north eastern side of the driveway in front of the dwelling and contains a carport, which is to be attached to the main entry of the dwelling. The proposed carport has a 1m separation from the main roof of the dwelling and has ceiling heights ranging from 2.9m to 3.7m, when measured from the existing ground level. The carport area is to be supported by a 1m high retaining wall on the southern side of the carport.

Ground floor extensions and internal alterations

· The front extension is to accommodate a new front entry foyer with a ramp and two (2) bedrooms on the eastern side of the front entry foyer. This front part of the dwelling is a single storey construction and is to be setback a minimum 1.28m from the eastern side boundary.

· The rear extension includes a new first floor balcony on the western side of the dwelling and an alfresco dining/living room to the eastern side of the dwelling. The proposed first floor balcony includes a privacy screen for a distance of 3m of the western alignment of the balcony. The proposed alfresco dining/living room is to be enclosed with adjustable louvers and bi-fold doors.

· Minor internal alterations are proposed to provide access and linkage between the existing and proposed living areas of the dwelling.

No other changes are proposed for the existing landscaped areas or the lower ground floor of the dwelling on the site, which are provided in the form of paved areas, swimming pool and lawn in the rear section of the site.

DESCRIPTION OF THE SITE AND LOCALITY

The site is located at 28 Blackbutt Avenue Lugarno (Lot 25 DP 28768) on the northern side of Blackbutt Avenue and has a total site area of 866.3sqm. The site has a frontage of 15.3m to Blackbutt Avenue and an average depth of 58m.

The site falls steeply from the street to the northern side/rear of the site and has a cross fall of approximately 1m from the eastern side boundary to the western side boundary. There is a fall of approximately 4.5m within the front yard, directly under the affected areas by the proposal.

There are two (2) on-site trees on the western side of the front yard, which are to be removed as part of this application. Other trees on site and within front setback are to remain and four (4) trees are conditioned to be replaced within the front setback.

Existing on the site is a two (2) storey dwelling with a detached garage near the front property boundary and swimming pool and outbuildings in the rear yard. There is an existing sewer line running across the site within the rear yard.

The subject site is located within the Foreshore Scenic Protection Area and is identified as a bushfire prone and buffer land. Adjoining the site on all sides are two storey dwelling houses. The area is generally residential in character within the foreshore scenic protection area.

COMPLIANCE AND ASSESSMENT

The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979.

The proposal has also been inspected, assessed and referred to the NSW Rural Bushfire Service, in respect of Section 79BA ‘Consultation and Development Consent - Certain Bush Fire Prone Land’, as per the Environmental Planning and Assessment Act 1979.

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

Clause

Standard

Assessment Under HELP 2012

Part 2 – Permitted or Prohibited Development

R2 Low Density Zone

The proposal is defined as a dwelling house. Dwelling house and ancillary structures are permissible in the zone

Objectives of the Zone

The proposal complies with the objectives of the zone

2.7 – Demolition requires Development Consent

The demolition of a building or work may be carried out only with development consent

The proposed demolition has been assessed as part of this application and is recommended to be approved, subject to standard demolition conditions of consent being attached to any consent granted

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

7.4m (complies)

4.4 – Floor Space Ratio

Site = 866.3sqm

0.6:1 as identified on Floor Space Ratio Map

Proposed GFA = 290.5sqm (including the existing outbuilding)

FSR = 0.33:1 (complies)

5.9 – Preservation of trees or vegetation

Trees to be removed are specified in DCP No.1

Council’s tree officer raised no objection, subject to the conditions attached to the recommendation of this report

6.4 – Foreshore Scenic Protection Area

Council cannot grant consent to the carrying out of development on land within a Foreshore Scenic Protection Area unless consideration has been made of the following:

“(3)(a) affect the natural environment, including topography, rock formations, canopy vegetation or other significant vegetation, and

(b) affect the visual environment, including the views to and from the Georges River, foreshore reserves, residential areas and public places, and

(c) affect the environmental heritage of Hurstville, and

(d) contribute to the scenic qualities of the residential areas and the Georges River by maintaining the dominance of landscape over built form.”

The proposal will not impact on views to the foreshore, given the site topography and location of the dwelling in relation to the surrounding developments

The proposal is not likely to result in any impacts on any significant topographical feature, environmental heritage or any significant vegetation, subject to conditions of consent

The proposal retains the existing useable landscaped areas on site

6.5 – Gross Floor Area of Dwelling House

> 630 square metres ≤ 1000 square metres

(Site area – 630) x 0.3 + 346.50

Max. GFA = 417.39sqm

Site = 866.3sqm

Proposed GFA = 266.83sqm

(excluding the existing outbuilding)

(complies)

6.7 – Essential Services

The following services that are essential for the development shall be available or that adequate arrangements must be made available when required:

* Supply of water, electricity and disposal and management of sewerage

* Stormwater drainage or on-site conservation

* Suitable vehicular access

Adequate facilities for the supply of water and for the removal of sewage and drainage are available to this land

Council’s Development Engineer has raised no objection, subject to the deferred commencement, driveway and drainage conditions attached to the recommendation

As can be seen from the table above, the proposal complies with the Hurstville Local Environmental Plan 2012.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

STATE ENVIRONMENTAL PLANNING POLICY (BUILDING SUSTAINABILITY INDEX: BASIX) 2004

In accordance with this policy, all new residential dwellings and those seeking alterations and additions as identified under this policy require a BASIX certificate that measures the Building Sustainability Index to ensure dwellings are designed to use less portable water and are responsible for fewer greenhouse gas emissions by setting energy and water reduction targets for house and units.

The application is supported by a satisfactory BASIX certificate that satisfies the requirements for dwellings under this policy.

2. Draft Environmental Planning Instruments

No Draft Environmental Planning instruments affect the proposed development.

Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

Fire safety standards for construction and compliance with the NSW RFS’s document - Planning for Bush Fire Protection 2006 and AS 3959 – 2009 ‘Construction of buildings in bushfire prone areas’ apply to the construction of any structures affected by the proposal.

3. Development Control Plans

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING

The extent to which the proposed garage and driveway comply with the car parking provisions is outlined in the table below.

Development

Requirements

Proposed

Complies

3.1.4.2 – Layout, Circulation, Access and Egress

AS2890.1 – Min. dimensions (double garage) = 5.4m x 5.4m

AS2890.1 – Max. driveway grade of 25% (domestic driveways) or to be designed by a professionally qualified person for grades more than 25%

5.8m x 7.5m

25%-30% (in part)

Yes

Yes (1)

(1) Maximum driveway gradient (within property boundary)

Although the proposed driveway exceeds the maximum grade of 25% (in part), it may be considered as a technical variation that is generated by site constraints with the natural contours and location of the existing dwelling on the site. The applicable Australian Standard (AS2890.1) does allow alternative design solutions for a domestic driveway in steeply sloping sites, only when it is designed by a professionally qualified person with appropriate experience.

Accordingly Council’s Development Engineer has raised no objection and recommended a condition to comply with this section of AS 2890.1: 2004. As such the proposal is considered to be acceptable and is recommended to be supported with the condition relating to AS 2890.1: 2004.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING HOUSES

The extent to which the proposed development complies with the single dwelling house controls is outlined in the table below.

Single Dwelling Houses

Requirements

Proposed

Complies

Site Area

866.3sqm

Yes

4.1.2.1 – Site Analysis

The following existing site constraints have been identified:

* Slope

* Orientation and location of the existing dwelling

N/A

4.1.3.1 – Maximum Floor Area

Site area 1000sqm ≥ 630sqm –

Max. GFA = (866.3sqm – 630) x 0.3 + 346.5 = 417.39sqm

Site = 866.3sqm

GFA = 266.83sqm (excluding the existing outbuilding)

Yes

4.1.3.2 Landscape and Open Space

Minimum width

Front Yard

Principal Private Open Space

FSPA:

25% (216.58sqm)

15sqm of landscaping to be provided in front yard

4m x 5m minimum dimensions

218.18sqm (min. width of 2m)

92.47sqm

Min. 16.5m/18.9m x 15m

Yes

4.1.3.3 – Building Height

Max. Ridge Height

Max. Ceiling Height

9m above the existing ground level

7.2m above the existing ground level

7.4m above the existing ground level

5.6m above the existing ground level

Yes

4.1.3.4 – Setbacks

Front Setback (Building Line)

Side and Rear Boundary Setbacks

Min. 4.5m to front wall of dwelling

Min. 5.5m to onsite parking space

* Min. 0.9m to boundary (ground floor)

* Min. 1.5m to boundary (first floor - FSPA)

* Min. 6m to rear boundary

Front wall (front bed):

Min. 14.36m

Garage = 14.76m

Carport = 9.9m

Front extension:

Garage (west) = 0.6m

Front bedrooms (east) = 1.285m

Rear extension:

Stairs (adjacent to deck) = 1.5m

Alfresco dining/living = 1.285m (within the existing ground floor setback and it is done to provide anchorage point on the load bearing columns and to minimise structural damage to the existing swimming pool)

Min. 16.53m

Yes

No (1)

Yes

4.1.3.7 Façade Articulation

For sites greater than 12m wide, garage doors facing the street must not occupy more than 40% of the width of the site at the street frontage

Habitable room to street

Two elements of street façade of:

Entry feature/portico

Eaves/sun shading

Wall offset/balcony/ verandahs/pergolas

Garage door = 34% of the site width

Bedroom windows and entry door to face the street

Wall offsets, entry foyer, eaves and roof overhang (carport) used on the façade of the dwelling

Yes

4.1.3.8 Car Parking and Vehicular Access

Garages must not extend further towards the front boundary than the front wall

Carports forward of the front building line may be considered, only where no vehicular access behind the front building alignment is available

Max. driveway crossing width:

2.7m and 4.5m

All driveway gradients must be constructed in accordance with AS 2890.1: 2004

Yes/the garage aligns with the front wall of the dwelling

9.9m front setback, but the proposed carport is located forward of the building line of the dwelling

3.05m

Yes/discussed under the ‘DCP No 1 – Section 3.1’ of this report

Yes

No (2)

Yes

Yes (by condition)

4.1.3.9 Privacy

Visual privacy:

Windows offset by 1m

Neighbouring principal private open space is not overlooked by proposed living areas

Adjustable louvres and privacy screen used/conditioned to require the privacy screen on the western side of the deck to extend the full depth of the deck with a min. height of 1.8m (from the finished deck level)

Yes (by condition)

4.1.3.10 Solar access and energy efficiency

North facing rooms receive maximum solar access.

Subject and adjoining lots receive 3hrs solar access between 9am and 3pm on mid winter equinox.

Yes

4.1.3.11 – Stormwater

Solutions

Gravity drainage is preferred however alternative solutions may be considered in accordance with this section of the DCP during the assessment process

Council’s Development Engineer has recommended an alternative drainage system to existing drainage easement at the rear adjoining property via deferred commencement conditions

Yes (subject to deferred commencement conditions)

(1) Side setback (single storey garage to west)

The applicant seeks variation to the minimum garage setback from the western side boundary with the following justification provided:

“1. The site is relatively narrow and the need to create a vehicular turning area at the bottom of the proposed access ramp necessitates that the setbacks to the side boundary be reduced.

2. The affectation on the existing adjoining properties is negligible the affectation is limited to the front yards and away from the private open spaces as well as the bedroom areas.

3. To reduce the visual impact of the reduced setback it is intended that the setback area will be planted with screen planting.”

In addition to the above reasons, the proposal on its merit is considered acceptable and is recommended to be supported on the following basis:

· The subject site has genuine site constraints with the slope of the land, orientation and location of the existing dwelling and location of useable area for on-site car parking. The location of the proposed garage is considered appropriate for the site by allowing a shorter and safer pedestrian access between the garage and the dwelling. This is an improvement from the existing detached garage, which has a travel distance of more than 14m to the dwelling via the steeply sloped pathway and steps in the front yard.

· The submitted turning path diagrams suggest that the garage cannot further be reduced in width internally and increase the western side setback of the garage for vehicular manoeuvrability and safety reasons. This is mainly due to the proposed driveway and turning area required for the site in order to allow vehicles to enter and exit the site in a forward direction.

· The proposal is considered to be consistent with the objectives for setbacks by: having a minimal visual impact (single storey construction) and minimal impact on the streetscape (the garage is not visible from the street), no adverse impact on the safety of vehicles and pedestrians in Blackbutt Avenue, and having no adverse impact on the neighbours through solar, access ventilation and views.

· The impact from overshadowing from the increased external wall of the garage is considered negligible between 9.00am and 3.00pm mid winter, due to the orientation, location and single storey construction. The overshadowing complies with Council’s controls.

(2) Location of the proposed carport

Approval is sought for the location of the proposed carport with the following justification provided:

“The proposed carport and the associated turning area is set back from the front boundary by 9.9 metres. The Councils general front building line is 5.5 metres. The 'newly created' building line, which provides almost twice the landscape area at the front of the building is considered to be a beneficial contribution to the streetscape and the neighbourhood generally.”

In addition to the above reason, the proposal on its merit is considered acceptable and is recommended to be supported on the following basis:

· The roof of the proposed carport is placed well below the footpath level at the front property boundary and the carport roof is an extension of the main roof of the dwelling. As such the carport is not considered to have any visual impact on the streetscape.

· The carport is to be placed over the proposed turning area and front entry of the dwelling and hence it will provide weather protection to this area.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.6 OUTBUILDINGS

The extent to which the proposed carport complies with the outbuilding controls is outlined in the table below.

Outbuildings	Standard	Proposal	Complies
4.6.2.1 – Size	Max. FSR = 0.6:1	No changes	Yes
4.6.2.3 – External Finishes	Low reflectivity	Yes	Yes (By condition)
4.6.2.4 - Maximum Height	3 metres from ceiling or top plate height to natural ground level Justification required for increased height (in excess of 3m)	2.9m - 3.7m	Yes (1)
4.6.2.6 - Stormwater	To comply with relevant: Council policy, BCA and Australian Standard	Yes, subject to drainage conditions attached to the recommendation	Yes
4.6.3.2 – Carports and Awnings	Carport - BCA	Non-combustible materials and has two sides open and more than 1/3 of its periphery is open	Yes

(1) Height of the proposed carport

As noted in the table above, the proposed carport has variable height ranging from 2.9m to 3.7m from the existing ground level, mainly due to its roof construction. The proposed carport is considered acceptable and is supported for the following reasons:

· The proposed carport forms part of the main roof of the dwelling and hence is considered to be well incorporated into the overall design of the dwelling.

· The proposed carport is unlikely to have any adverse impact to its adjoining properties, through visual, noise, overshadowing or privacy impacts, due to its orientation and setting to the surrounding developments (ie. the proposed carport adjoins the neighbour’s front yard and detached garage to the east and is screened by the existing boundary fence).

4. Impacts

Natural Environment

It is considered that the proposal will have no adverse impact upon the natural environment, subject to the conditions included in this report.

A site/waste management plan, sediment and erosion control plan and drainage plans have been considered and addressed any potential impacts.

Built Environment

The proposal incorporates a colour scheme and roof form which will be sympathetic to the existing dwelling and surrounds. As well the combination of materials to be used will be acceptable in appearance and hence the proposal will not have any adverse impact on the built environment.

In terms of streetscape, the proposal is considered to have a ‘minimal’ visual impact on the streetscape, when compared to the existing developments in the area.

The proposed development provides a consistent and satisfactory solution with the existing site conditions and improves the existing car parking condition on the site for the reasons stated earlier in the report. The proposal is not considered to result in any unacceptable material built environment impacts subject to conditions of consent.

Social Impact

The proposal is for residential purpose and will not have any adverse social impact.

Economic Impact

The proposal is for residential purpose and no adverse economic impact is envisaged.

Suitability of the Site

The proposed works are considered suitable for the subject site for the reasons contained within the report.

5. Referrals, Submissions and the Public Interest

Resident

Ten (10) letters were sent to adjoining residents and given fourteen (14) days in which to view the plans and submit any comments on the proposal. No submissions were received in response to the notification.

Council Referrals

Development Engineer

Development Engineer has considered the proposal and advised that the proposal may be considered for approval subject to the deferred commencement conditions for a drainage easement; drainage conditions; and conditions for driveway construction attached to the recommendation.

Tree Management Officer

Council’s Tree Management Officer has raised no objection to the application subject to conditions of consent being attached to any consent granted.

External Referrals

NSW Rural Fire Service

The site falls within a Bushfire prone area and a referral was made to the NSW Rural Fire Services. No objections were received in relation to the proposed development subject to the following conditions:

i) Asset Protection Zones - At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

ii) Design and Construction – New construction on the northern elevation and western elevations shall comply with Sections 3 and 6 (BAL 19) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

New construction on the eastern elevation and southern elevations shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

The above conditions i)-ii) have been appropriately conditioned as part of this report. It is worth noting that these RFS conditions have been referred and reviewed by the applicant’s bushfire consultant. No objections were received in response.

6. CONCLUSION

The proposed development is permissible as per the Hurstville Local Environmental Plan 2012 and complies with the majority of Council’s controls under Development Control Plan No 1, subject to conditions of consent.

The variations to the minimum side setback of the garage and maximum driveway gradient are considered acceptable and recommended to be supported for the reasons stated in this report as is the location of the carport.

Accordingly the application is recommended for deferred commencement approval subject to conditions of consent.

DETERMINATION

THAT pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants a deferred commencement consent to Development Application DA2013/0305 for the Demolition of existing garage, ground floor extension to front, extension to rear, new driveway and internal alterations on Lot 25 DP 28768 and known as 28 Blackbutt Avenue LUGARNO, subject to the following:

The Development Application described above has been determined by the granting of a Deferred Commencement Consent subject to the conditions specified in this notice.

This Development Application is a Deferred Commencement Consent under Section 80(3) of the Environmental Planning and Assessment Act (as amended) 1979. Strict compliance is required with all conditions appearing in Schedule 1 within twelve (12) months from the Endorsement Date of this consent. Upon confirmation in writing from Hurstville City Council that the Schedule 1 Conditions have been satisfied, the consent shall commence to operate as a Development Consent for a period of five (5) years from the Endorsement Date of this consent.

Schedule 1

A. DEF1001 – Deferred Commencement Condition – Registration of Stormwater Easement - The person with the benefit of the consent must acquire an Easement to Drain Water of 1 metre (minimum) width. The easement must allow for a piped, gravity fed system of drainage of stormwater from the land the subject of this consent with direct, underground connection to Council's pipeline (indicated in Council’s records as being 450mm diameter) located at the southern end of property No. 21 Boyd Avenue.

The consent is not to operate until evidence of registration of the easement to drain water benefitting the land the subject of this consent and burdening the title of each such other property/ies is provided to Council.

B. DEF1002 – Deferred Commencement Condition - The person with the benefit of the consent must obtain separate Development Consent for all drainage works to be carried out within the Easement to Drain Water. The written consent of each of the owners of the property/ies burdened by the Easement will be required for each development application to carry out the drainage works on the burdened lot/s.

The consent is not to operate until development consent is obtained for the whole of the drainage works within the Easement(s) to drain water.

Documentary evidence as requested or the above information must be submitted within twelve (12) months of the granting of this deferred commencement consent. Commencement of the approval cannot commence until written approval of the submitted information has been given by Council.

Subject to Schedule 1 above being satisfied, a development consent DA2013/0305 (the Demolition of existing garage – ground floor extension to front, extension to rear, new driveway and internal alterations) on Lot 25 DP 28768 and known as 28 Blackbutt Avenue LUGARNO, be issued subject to the following conditions:

Schedule 2

DEVELOPMENT CONSENT is granted to the Development Application described above, subject to the conditions in Schedules A, B and C.

Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

Right of Review – If you are dissatisfied with this decision, you may request a review of the determination from Hurstville City Council under Section 82A of the Environmental Planning and Assessment Act 1979 within six (6) months of the endorsement date on this notice. (Section 82A is not applicable to Integrated or Designated Development).

Right of Appeal – Alternatively, Section 97 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the NSW Land and Environment Court within six (6) months of the endorsement date on this notice.

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

Reference No.	Date	Description	Revision	Prepared by
A-01	28/04/13	Site Plan	--	Akitex
A-02	28/04/13	Lower Ground Floor Plan	--	Akitex
A-03	28/04/13	Ground Floor Plan	--	Akitex
A-04	28/04/13	Elevations (Front & Rear)	--	Akitex
A-05	28/04/13	Elevations (West & East)	--	Akitex
A-06	28/04/13	Sections	--	Akitex
A-07	28/04/13	Site Coverage Plan	--	Akitex
A-08	28/04/13	Site Analysis/Site Management/ Sedimentation Control and Waste Management Plan	--	Akitex
M86-13 CPB	18/07/13	Survey Plan	B	Malcolm Ross Walters
--	Received: 25/09/13	Schedule of Colours and Finishes	--	--

2. GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

(a) Fees to be paid to Council:

Schedule of fees, bonds and contributions

Fee Type	Paid	Amount	Receipt Date	Receipt No
Development Application Fee	X	$920.00	24/9/13	2008310
Plan First Fee	X	$160.00	24/9/13	2008310
Notification Fee	X	$144.00	24/9/13	2008310
Imaging Fee	X	$103.00	24/9/13	2008310
Long Service Levy		$875.00	24/9/13	2008310
Builders Damage Deposit		$1,500.00
Inspection Fee for Refund of Damage Deposit		$130.00

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

PCA Services Fee		$1,175.00
Construction Certificate Application Fee		$1,175.00
Construction Certificate Imaging Fee		$103.00

3. GEN1014 - Long Service Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

4. GEN1015 - Damage Deposit - Minor Works - In order to insure against damage to Council property the following is required:

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,500.00.

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $130.00.

(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

SEPARATE APPROVALS UNDER OTHER LEGISLATION

5. APR6001 - Engineering - Section 138 Roads Act and Section 68 Local Government Act 1993

Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

(a) Placing or storing materials or equipment;

(b) Placing or storing waste containers or skip bins;

(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f) Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

(i) Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j) Stormwater and ancillary works in the road reserve; and

(k) Stormwater and ancillary to public infrastructure on private land

(l) If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

6. APR6002 - Engineering - Vehicular Crossing - Minor Development - Constructing a vehicular crossing and/or footpath requires a separate approval under Section 138 of the Roads Act 1993 prior to the issue of the Construction Certificate.

To apply for approval, complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Hurstville Council’s Website at www.hurstville.nsw.gov.au/I <http://www.hurstville.nsw.gov.au/I> want to/Download a Council Form. Lodge the application form, together with the associated fees at Council’s Customer Service Centre, during business hours. Refer to Section P1 and P2, in Council’s adopted Fees and Charges for the administrative and inspection charges associated with Vehicular Crossing applications.

Please note, that an approval for a new or modified vehicular crossing will contain the approved access and/or alignment levels which will be required to construct the crossing and/or footpath. Once approved, all work shall be carried out by a private contractor in accordance with Council’s Specification for Vehicular Crossings and Associated Works prior to the issue of the Occupation Certificate.

7. APR6004 - Engineering - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Maritime Services, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

8. GOV1007 - Sydney Water - Quick Check - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Care Centre to determine whether the development application will affect Sydney Water’s sewer and water mains, storm water drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then see Building and Renovating under the heading Building and Developing, or telephone 13 20 92. The appointed PCA must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans prior to the issue of the Construction Certificate.

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

9. CC2007 - Development Assessment - Privacy Screen - A privacy screen shall be provided to the western side of the first floor rear deck for the full depth of the deck. The privacy screen is to be a minimum of 1.8m high from the finished floor level of the balcony and comprise of a material that cannot be seen through, such as translucent glazing. If louvres are to be used, they are to be fixed in a position that does not allow downward viewing of the adjoining properties.

10. CC2013 - Development Assessment - Bushfire Attack Level - New construction on the northern elevation and western elevations shall comply with Sections 3 and 6 (BAL 19) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection’.

New construction on the eastern elevation and southern elevations shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

11. CC2028 - Development Assessment - Design - Low reflectivity roof

The roof materials and finishes are to be of low reflectivity.

12. CC6006 - Engineering - Traffic Management - Compliance with AS2890

All driveways, access ramps, vehicular crossings and car parking spaces shall be designed and constructed in accordance with the current version of Australian Standards, AS 2890.1(as amended).

A design that satisfies this standard is to be prepared and endorsed by a suitably qualified professional Engineer, Architect or Surveyor before issue of the Construction Certificate.

Due consideration is to be given to the finished texture of the driveway with regard to resistance of pedestrian slip and the provision of motor vehicle grip.

13. CC7012 - Building - Swimming Pool Design and Construction - The design and construction of the swimming pool and associated fencing and equipment must comply with:

(a) The Swimming Pools Act 1992 and Regulation 2008

(b) Building Code of Australia

(d) Council's Development Control

(e) Protection of the Environment Operations Act 1997

(f) AS1926.3-2010 - Water Recirculation Systems

No water must be placed in the pool/spa until the safety fences have been completed in accordance with the approved plans and specifications and satisfactorily inspected by the Principal Certifying Authority.

14. CC2001 - Development Assessment - Erosion and Sedimentation Control - Erosion and sediment controls must be provided to ensure: