Agenda of Council Meeting - 10 December 2014

Hurstville City Council – Council Meeting Wednesday, 10 December 2014

CCL416-14 14 Wright St Hurstville - Use of Existing Dwelling as Buddhist Monastery and Construction of Hall with Basement Carparking

Applicant	Prajna Monastery Australia Incorporated
Proposal	Use of existing dwelling as Buddhist Monastery and construction of a meditation/prayer hall with basement parking to rear
Owners	Prajna Monastery Australia Incorporated
Report Author/s	Team Leader Major Projects, Ms L Locke
File	DA2014/0978
Previous Reports Referenced	No
Disclosure of Political Donations or Gifts	No
Zoning	Zone R2 - Low Density Residential
Existing Development	Single storey dwelling house
Cost of Development	$1.95m
Reason for Referral to Council	Large number of submissions received
Planning Instruments Applicable	Hurstville Local Environmental Plan 2012, State Environmental Planning Policy No 55 – Remediation of Land, Development Control Plan No 1 – LGA Wide
Hurstville Local Environment Plan Interpretation of Use	Place of Public Worship

EXECUTIVE SUMMARY

1. The application proposes the retention and use of an existing single storey dwelling as a Buddhist Monastery and the construction of a meditation/prayer hall and basement parking to the rear.

2. The application has been assessed against the requirements of the relevant planning instruments and Development Control Plans and is contrary to the objectives of the Hurstville Local Environmental Plan 2012 and does not comply with Development Control Plan No 1.

3. The notification and exhibition of the proposal resulted in one hundred and thirty seven (137) individual submissions and two (2) petitions with four hundred and thirteen (413) signatures against the proposal and a petition with eight hundred and eighty one (881) signatures in favour of the proposal.

4. The application was deferred at the Council meeting of 19 November 2014 for a site inspection. The site inspection was held on 24 November 2014.

AUTHOR RECOMMENDATION

THAT the application be refused in accordance with the reasons included in the report

REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application proposes the following:

Buddhist Monastery:

· retention of the existing single storey dwelling on the site and the use of the dwelling as a Buddhist Monastery proving residential accommodation for three (3) nuns

Meditation Hall to rear of site:

· comprising of two (2) halls - Meditation Hall and Memorial Hall, toilet facilities and storeroom

· Meditation Hall has a proposed floor area of 160sqm and proposed capacity of forty (40) people

· Memorial Hall has a proposed area of 48sqm

· Overall building height of 9m

· Total floor area of 240.5sqm

· Basement parking for ten (10) vehicles

· 2.14m setback to the south eastern boundary and 3m to the north western boundary

Vehicular access to the site is proposed via a driveway along the southern side of the existing dwelling.

The proposal also includes one (1) parking space in the front setback and one (1) disabled car parking space located in the courtyard in between the new hall and the existing dwelling/Monastery.

HISTORY

Apr 13 Complying Development Certificate approval by Private Certifier for alterations and additions to dwelling house.

Feb 14 Complaint received by Council relating to unauthorised use of the dwelling as a monastery. Inspection revealed building to have commercial sized kitchen with large flue to rear of premises. No unauthorised use found.

Mar 14 Council serves Order under Environmental Planning and Assessment Act 1979 to remove commercial kitchen facilities.

Mar 14 Petition received from residents of Wright Street requesting kitchen facilities be removed from the premises.

Apr 14 Solicitor representing owner of premises indicates that large stove is to be disconnected and exhaust flue removed.

May 14 Seven (7) day courtesy letter to comply with requirements of Environmental Planning and Assessment Act 1979 Order.

May 14 Outstanding Order complied with.

Jul 14 Final Occupation certificate received from Private Certifying Authority relating to Complying Development Certificate approval.

15 Jul 14 Development Application submitted to Council for use as a Monastery.

19 Nov 14 Council resolved:

THAT the application be deferred for a site inspection.

24 Nov 14 Site inspection held.

DESCRIPTION OF THE SITE AND LOCALITY

The site is a rectangular shaped site with a frontage of 15.24m to Wright Street and an area of 1167sqm. The site falls from the rear to the street by approximately 3.6m. Existing on the site is a single storey dwelling located towards the front of the site. The rear of the site is currently vacant.

The development on the same side of Wright Street comprises a mix of one (1) and two (2) storey single dwellings and multiple dwelling developments. On the opposite side of Wright Street development consists of three (3) storey residential flat buildings and Woodville Park.

Hurstville Public School is located to the rear of the site. Approximately 60m further north west on Wright Street is Hurstville Adventist School. The site is located approximately 135m from the intersection of Wright Street and Forest Road.

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

The extent to which the proposed development complies with the Hurstville Local Environmental Plan 2012 is detailed and discussed in the table below.

Clause	Standard	Proposal	Complies
1.2 – Aims of the Plan	In accordance with Clause 1.2 (2)	Consistent with the aims of the plan	No (1)
1.4 - Definitions	“Place of Worship” and “Residential Flat building”	The proposed development is defined as a place of worship and residential flat building	Yes
2.3 - Zone objectives and Land Use Table	Meets objectives of R2 Zone Development must be permissible with consent	Development is permissible with consent; however the development does not meet the objectives of the zone	No (2)
4.3 – Height of Buildings	9m as identified on Height of Buildings Map	9m maximum	Yes
4.4 – Floor Space Ratio	0.6:1 as identified on Floor Space Ratio Map	0.365:1	Yes
5.9 – Preservation of Trees or Vegetation	Trees to be removed are specified in DCP1	Council’s Tree Management Officer has no objection to the removal of one (1) tree from the site to accommodate the development as per the recommendations of the arborist’s report submitted with the application	Yes
5.10 – Heritage Conservation	Heritage impact of the development must be considered	Heritage Report submitted with the application has not adequately addressed the heritage impact of the development	No (3)
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 Drainage Engineer has raised no objection to the proposed drainage of the site, subject to conditions of consent. The vehicular access is not acceptable – see below	Yes Yes Yes No – see discussion under car parking in a later section of this report

(1) Aims of the Plan

Clause 1.2 of the Hurstville Local Plan 2012 identifies the following aims:

(a) to encourage and co-ordinate the orderly and economic use and development of land that is compatible with local amenity,

(b) to provide a hierarchy of centres to cater for the retail, commercial, residential accommodation and service needs of the Hurstville community,

(c) to provide a range of housing choice that:

(i) accords with urban consolidation principles, and

(ii) is compatible with the existing environmental character of the locality, and

(iii) is sympathetic to adjoining development.

(d) to protect and conserve the environmental heritage, cultural heritage and aesthetic character of Hurstville,

(e) to maintain and enhance the existing amenity and quality of life of the Hurstville community,

(f) to ensure development embraces the principles of quality urban design,

(g) to ensure that development is carried out in such a way as to allow the economic and efficient provision of a range of public services and community facilities,

(h) to protect and enhance areas of remnant bushland, natural watercourses, wetlands and riparian habitats,

(i) to retain, and where possible extend, public access to foreshore areas and link existing open space areas for environmental benefit and public enjoyment,

(j) to ensure development embraces the principles of ecological sustainability.

The development is considered to be contrary to aims (a), (d), (e) of the Hurstville Local Environmental Plan. As assessed in the report below the proposal is incompatible with the surrounding development.

Due to the potential for acoustic and overshadowing impacts and the inadequate vehicular access as discussed the proposal has not demonstrated that it will maintain and enhance the amenity of the area or the Hurstville community. The Heritage Report submitted does not adequately assess the impact of the development on the adjoining heritage item.

(2) Objectives of the R2 Zone

The objectives of the R2 Low Density Zone are:

• To provide for the housing needs of the community within a low density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

• To encourage development of sites for a range of housing types, where such development does not compromise the amenity of the surrounding area, or the natural or cultural heritage of the area.

• To ensure that a high level of residential amenity is achieved and maintained.

• To encourage greater visual amenity through maintaining and enhancing landscaping as a major element in the residential environment.

• To provide for a range of home business activities where such activities are not likely to adversely affect the surrounding residential amenity.

This development does not meet the zone objectives – particularly point 4above.

The development results in a structure in the rear of the site that is much larger than other development types that would normally be permitted in the R2 zone. As further discussed in this report, the location of the proposed hall to the rear results in overshadowing and acoustic impacts upon the adjoining properties.

(3) Heritage Conservation

Clauses 5.10 (4) and (5) of the Heritage Conservation provisions of Hurstville Local Environmental Plan 2012 state that:

(4) Effect of proposed development on heritage significance

The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

(5) Heritage assessment

The consent authority may, before granting consent to any development:

(a) on land on which a heritage item is located, or

(b) on land that is within a heritage conservation area, or

(c) on land that is within the vicinity of land referred to in paragraph (a) or (b), require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

The subject site is in the vicinity of the heritage item located within Hurstville Public School. The heritage item is located close to the boundary of the subject site and is a weatherboard classroom block.

The applicant has submitted a Heritage Impact Statement prepared by John Graham and Associates. The report assesses the impact of the development on the heritage item. The report concludes that:

· The mass of the proposed building is broken at the rear, where it adjoins the heritage item by keeping it off the boundary,

· The meditation centre will not overshadow or block the light to the heritage classroom,

· Acoustic treatment is provided to minimise the impact of noise from the centre’s plant on the classroom block,

· The heritage impact of the proposed development is satisfactory.

Comment: The submitted Heritage Report is considered to be inadequate and has failed to make a thorough assessment of the proposal. The report does not identify the heritage value (social, architectural for example) of the adjoining item and fails to address the physical impacts of the development on the item in terms of separation, materials etc.

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

Compliance with the relevant state environmental planning policies is detailed in the table below.

State Environmental Planning Policy	Complies
Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment	Yes
State Environmental Planning Policy 55 – Remediation of Land	Yes

3. Development Control Plans

Development Control Plan No 1 - LGA Wide applies to the subject site. The relevant sections of Development Control Plan No 1 that apply to the site are as follows.

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

Development Control Plan No 1 requires that the proposed development provide onsite parking as follows.

Section 3.1	Requirement	Proposal	Complies
Place of Worship	1 space per 10 seats or 1 space per 10sqm GFA (whichever is greater) GFA for Meditation Hall = 160sqm; 16 spaces required GFA for Memorial Hall = 48sqm; 5 spaces required	12 spaces: ten (10) spaces in basement; one (1) space within the front setback and one (1) x disabled space in front of new hall	No (1)
Dwelling (Monastery)	2 spaces for dwellings containing more than 3 bedrooms	None nominated on plans	No (1)
Total	Up to 23 spaces required for all uses on the site	12 spaces	No (1)
3.1.4.2 – Circulation, access and egress	Compliance with AS2890.1 2004 and AS2890.2	Vehicular access to the basement is via a driveway located on the south eastern boundary	No (2)

(1) Car Parking

The application was accompanied by a Traffic and Parking Implications report prepared by Transport and Traffic Planning Associates.

The traffic report is based on forty (40) people attending the site and is also based on 160sqm of area being the meditation hall. The Traffic Study and the Statement of Environmental Effects do not specify whether the Memorial Hall will be used at the same time as the Meditation Hall. There is an assumption in both documents that this will not be the case as the floor area of the additional hall has not been used in the car parking calculation for the development.

If the Memorial Hall was being used concurrently with the Meditation Hall, a further five (5) car parking spaces would be required under Development Control Plan No 1.

The traffic report also does not make reference to any parking required by the Monastery building itself. The plans for Monastery indicate four (4) bedrooms. Development Control Plan No 1 requires the provision of two (2) x parking spaces for four (4) bedroom dwellings.

The disabled car parking space is located in the forecourt area between the existing monastery and the Meditation Hall. This is unacceptable for the following reasons:

· There is a conflict between pedestrians and the car parking space,

· the accessible car space is located on proposed ‘landscaping’ – it is not acceptable wheelchair access,

· there is inadequate space for vehicular manoeuvrability to enable exit in a forward direction,

· the level of the forecourt and parking space is nominated at RL60 and the landing on the adjoining ramp is nominated at RL60.57. There is no disabled access from the car space to the entrance of the hall, except grassed area which is unacceptable for disabled access.

With the addition of the memorial hall, the parking for the monastery and the loss of a disabled parking space as described above, the parking deficiency may be up to eight (8) spaces greater than the Traffic Study suggests.

(2) Circulation, access and egress

The site is accessed by a 3m driveway that extends approximately 35m from the front of the site to the basement entrance. The Traffic Study submitted with the application states that there is potential for vehicles to pass each other just inside the property boundary at the front. The applicant has not provided adequate information in the form of vehicle swept paths to demonstrate that this passing bay meets the Australian Standard. Regardless of this, if a vehicle was waiting in that location due to the existing dwelling/Monastery building there would be inadequate visibility of any vehicles exiting the basement.

The proposed passing bay is also considered to be unacceptable as the parking space at the front would rely on the passing bay for vehicle manoeuvres, contrary to AS 2890.

The parking located within the basement of the building appears to comply with the Australian Standard.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.3 ACCESS AND MOBILITY

The extent to which the proposed development complies with Section 3.3 Access and Mobility is detailed and discussed in the table below.

Section 3.3

Requirements

Proposal

Complies

Access requirements

Access in accordance with AS1428 for all persons through the principal entrance of the building and to common areas

Access to the new halls to the rear is via a 1:14 ramp alongside the existing building

Yes

Accessible car space

1 space per 20 spaces where parking areas have more than 20 spaces but less than 50

Layout complies with Australian Standard

1 space provided, however this space is not adequate for the reasons already outlined in this report above

Yes – parking not required

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

Although the proposed new hall is located to the rear of the site the size of the building would mean that it is clearly perceptible from the street.

As the proposal is being recommended for refusal full assessment of crime prevention through environmental design has not been undertaken. With the addition of some fencing or other controlled access to the site the proposal could comply with the principles.

4. Impacts

Natural Environment

There are no significant trees located on the property and the proposed method of stormwater is considered to be acceptable.

Built Environment

Noise impacts

The acoustic report submitted with the application states that the sound levels within the new hall and basement parking will be acceptable. Although the report states that the noise is acceptable, it is considered that the report has not adequately address the acoustic impact. The report is based on forty (40) people being within the new hall, however the noise assumptions are based on only 50% of people talking or chanting at once. There is no explanation given on why the report is only based on half the congregation talking. There is incomplete data submitted to Council to determine whether the acoustic impact of the use of the hall will be acceptable.

Further to this, the acoustic report has failed to address the acoustic impact of people gathering outside the hall or walking to and from the hall. The pedestrian entrance to the meditation hall is along the north western boundary. The location of the entrance to the hall on the boundary has the potential to adversely impact upon the amenity of the adjoining dwellings at number 16 Wright Street. This adjoining dwelling has windows on the elevation adjoining the monastery and hall.

The information submitted with the application states that on Sunday morning meditation classes begin at 8am and these classes are attended by up to forty (40) people. The noise of forty (40) people walking alongside a dwelling before 8am in the morning has not been addressed by the acoustic report. Although the proposed use is permissible in the zone it is not a reasonable expectation that residential amenity would be disturbed on a Sunday.

Overshadowing and Building Bulk

The proposal will have an unacceptable overshadowing impact on the adjoining development to the south. The new hall is 2.14m from the boundary of the site and is 9m in height. The neighbouring multiple dwelling development to the south (particularly villa 3) will be overshadowed for most of the day on 21 June. This property will not receive a minimum of three (3) hours of sunlight.

Although this is a large site, if a residential development was to be constructed on the site only three (3) dwellings would be achieved, the rear dwelling would be single storey, and it is likely that there would be much greater building separation in accordance with Development Control Plan No 1. The proposal does not comply with the building envelope requirement for other residential types that are permitted in the zone.

Landscaping

There is no prescriptive requirement in the Development Control Plan for landscaped areas for places of public worship, however the site is located in a R2 Low Density Residential Zone and it is reasonable to apply a minimum of 20% landscaping that would be expected for other permissible development forms. The plans indicate that 20% is achieved however the applicant has relied on some areas that are proposed to be paved or used as car parking. This is not landscaping by definition in the Hurstville Local Environmental Plan. Providing a greater landscape area would result in better building separation and water absorption and would provide greater opportunity for landscaping to help reduce the impacts of the development.

Traffic

The Traffic and Parking Implications report submitted with the development application fails to make any assessment on the potential traffic impacts of the development and the impact of the development on the local road system.

Social Impact

Although the development is a permissible use in the zone, a new place of public worship has the ability to adversely impact upon the amenity of the low density residential zone. The use is incompatible with the surrounding development and will result in a negative social impact.

Economic Impact

The proposed development has no apparent economic impacts.

Suitability of the Site

The retention of the existing dwelling on the site construction of the new works to the rear of the site gives rise to many of the amenity and compliance issues outlined in the report above including:

· Inadequate vehicular access,

· A smaller basement and therefore less parking provision on site,

· Adverse overshadowing on adjoining properties to the south,

· Adverse acoustic impacts on the adjoining property to the north by people entering and exiting the site along the side boundary.

The site is adjoined by low density residential developments on the same side of the street and higher density developments on the opposite side. The concentration of residential dwellings close to the site means that any non-residential use must be carefully designed to minimise any amenity impacts.

By their nature, places of public worship have the ability to affect the amenity of surrounding residential areas and whilst it is acknowledged that it is not uncommon for them to be located in residential zones, many exist historically and have been there for a number of years before the surrounding residential area have been fully developed. The applicant has failed to demonstrate that this site is suitable for the development and will not adversely impact on the surrounding residential amenity.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Residents

The application was notified/advertised to one hundred and twenty five (125) surrounding properties and an advertisement was placed in the St George and Sutherland Shire Leader. There were one hundred and thirty seven (137) submissions and two (2) petitions (one (1) with twelve (12) signatures and one (1) with four hundred and one (401) signatures) received in objection to the proposal.

Council also received a petition with eight hundred and eighty one (881) signatures in support of the proposal.

The issues raised in the submissions are discussed below.

Unauthorised use of the site

Concerns were raised in relation to the ongoing use of the site for religious and other group gatherings without consent

Comment: Council has previously issued Orders about the ongoing use of the premises. This application deals with the proposed use only. Council may take further action for use of the premises without consent.

Traffic and congestion in Wright Street

Comment: As discussed above, the traffic and parking report submitted has failed to adequately address the impact of the development on the local road network.

Parking

General concerns were raised over the lack of parking for the proposed use and the impact that the lack of parking will have on the availability of on-street parking in Wright Street

Comment: The Traffic Report submitted with the application concludes that there is adequate on-street parking to accommodate the proposed use, however as previously discussed, this report is inadequate.

Safety

Concerns raised over safety from increased patrons, lack of parking and the potential for pedestrians to be injured. Safety around the school during school zones was also a concern.

Comment: The main time for worship for the use is outside of school hours and therefore the risk of harm to children is minimised.

Noise and Noise Pollution

Concerns about the noise from the use of the hall for gatherings and for chanting. Concern was also raised over the accuracy of the acoustic assessment that was lodged with the DA.

Comment: As previously discussed in this report, the potential for noise disturbance on adjoining properties is considered valid. There is also concern about the accuracy of the acoustic report.

Misleading and inaccurate details in the traffic report submitted

Concerns raised over the data contained in the traffic report eg it is written on the basis of only having forty (40) people at the site; also based on worshipping days being on Saturdays and does not take into account holidays and other special events that may fall on weekdays.

Comment: An assessment of the traffic report can be found in this report above. The report is considered to be inadequate and lacking in detail to make and assessment of the traffic impacts of the development.

The nature of the premises is more a commercial premises than a place of worship

The site will have commercial kitchen facilities and will cater for retreats, seminars etc.

Comment: The use of a place of public worship for retreats, seminars etc and the provision of food is not uncommon. If this application was to be approved conditions relating to food safety, capacity and hours could be imposed.

Odour Pollution

The smell of burning incense and joss sticks will have an odour impact and may affect students in the nearby school with respiratory problems.

Comment: There are no openings in the hall that face the school so it is unlikely that smells would be detectable within the school. Regardless, this is something that could be monitored if the proposal was to proceed.

The design of the development does not respect tradition.

Submitters stated that traditionally in China temples were constructed near mountains and rivers and the design of this building was disrespectful.

Comment: This is not a valid planning consideration.

The development may cause criminal activities

Concern was raised about an increase in the number of people using the site and the ability for criminals to integrate into the congregation unknown.

Comment: There is no evidence to suggest that this type of use would increase the likelihood of criminal activity.

The use is inappropriately located in a residential area

Some submissions stated that the use is more appropriate in a commercial or industrial area where it will have less of an impact on surrounding land uses.

Comment: While the proposed use is permissible within the zone, due to the design of the proposal, the potential impact upon the surrounding residential development is unacceptable.

The development may have structural impacts on adjoining developments

Concern raised over the extent of excavation required for the basement.

Comment: The basement is setback from the boundaries, and the application was accompanied by a geotechnical report. Regardless of this, if this application was approved a condition could be imposed to ensure the structural integrity of the adjoining development.

There is a potential fire safety issue

The nature of the use means that there will be incense and candles burning continuously and this may cause a fire risk.

Comment: Council’s Senior Environmental Health and Building Surveyor reviewed the proposal and raised no objection. If this proposal was to be recommended for approval conditions would be imposed to ensure that the building complies with the BCA for this type of use.

Proximity of the buildings to Hurstville Public School

The proximity of the development to Hurstville Public School raises a potential safety concern from overlooking of the school and also noise impacts that may impact upon the ability of children in classrooms to concentrate.

Comment: There are no windows in the rear of the new hall that face the school, further to this the hall is located at a lower ground level than the school and therefore overlooking is unlikely. As the hall is primarily used outside of school hours it is unlikely to have a permanent adverse acoustic impact.

Council Referrals

Senior Traffic Engineer

The traffic and road safety assessment is made DA2014/0978 14 wright street, Hurstville with reference to the following documents received on the 22nd Octobers 2013:

1. Assessment of Traffic and Parking Implications prepared by Transport and Traffic Planning Associates

This development has been assessed with reference to the following guidelines:

1. AS2890.1 (2004): Parking Facilities Part 1: Off-street car parking

2. Hurstville City Council DCP

3. RMS Guide to Traffic Generating Developments (2002)

A. Outline of Proposal

The Development Application is for the use of an existing dwelling for accommodation for up to 3 nuns with related facilities and construction of a Meditation Hall at 14 Wright Street,

Hurstville.

Off-Street Parking

Car parking (Section 3.1 of DCP 1)

While the proposal does not comply with the required parking numbers as stipulated in Council’s DCP, it is advised that as the peak demand for the monastery is during weekend, the traffic section is happy to accept the on street parking survey as carried out by Transport Traffic Planning Associates.

Road Network

The traffic report did not assess in detail the impact that the traffic generated from the development will have on the intersection of Wright Street with Forest Road as stipulated in The RMS ‘Guide to Traffic Generating Developments’ in relation to places of worship.

Based on the above assessment, it is advised that the development application requires further analysis of the intersection of Wright Street and Forest Road, Hurstville with respect to the traffic generated from the development.

Off-Street Parking

Plans show that on-site parking is facilitated through a 3m wide long driveway that leads into the basement car park. It is advised that there needs to be an overtaking bay in case of two cars travelling in the opposite direction.

Car Park Layout

Review of the layout of the car park has revealed that the car park spaces and aisle width comply with Australian Standards AS2890.1 (2004).

Location of the disabled parking space

The location of the disabled parking space is unacceptable; it involves crossing over the forecourt and manoeuvring into the space, this causes safety concerns in regards to pedestrians as well as accessibility. A different location for the disabled space needs to be identified.

Drainage Engineer

Council’s Drainage Engineer has completed the completed the following table and made the following assessment of the proposal.

Stormwater Assessment
Existing Stormwater System	Gravity to Street
Proposed Stormwater System	Gravity to Street
Stormwater objectives for development type met?	Consistent
Slope to rear (measured centreline of site)	No
Gravity to street (from property boundary to street kerb)?	Yes
Discharge into same catchment?	Yes
Easement required?	No

I have reviewed both the Hydraulic Services Ground Floor and Basement Floor Plans, issue P4 dated 11/6.’14, which present no problems with regard to stormwater disposal with roof, ground surface and basement all being able to drain by gravity to the street.

Senior Environmental Health and Building Surveyor (Major Projects)

No objection subject to conditions if consent was to be granted

6. CONCLUSION

The application seeks permission for the retention and use of an existing single storey dwelling as a Buddhist Monastery and the construction of a meditation/prayer hall and basement parking to the rear at 14 Wright Street Hurstville.

The proposed development has been assessed against the relevant requirements and results in a number of variations to the aims and objectives of Hurstville Local Environmental Plan 2012 and the requirements of Development Control Plan No 1.

The development has a detrimental impact on the amenity of the adjoining residential properties and is not a suitable development for this site.

For the reasons outlined in this report above, the application is recommended for refusal.

DETERMINATION

THAT pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Council refuse development consent to Development Application DA2014/0978 for use of existing dwelling as Buddhist Monastery and construction of a meditation/prayer hall with basement parking to the rear on Lot 12 in DP 5337 and known as 14 Wright Street, Hurstville, for the following reasons:

1. REF1001 - Refusal Reason - Environmental Planning Instrument - Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development is contrary to the Hurstville Local Environmental Plan 2012 as it is inconsistent with the aims of the plan and the objectives of the R2 Low Density Residential Zone.

2. REF 1003 - Refusal Reason - Development Control Plan - Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the following sections of Development Control Plan No 1 - LGA Wide:

a) Section 3.1 – Car Parking

b) Section 3.4 – Crime Prevention Through Environmental Design

3. REF1006 - Refusal Reason - Impacts on the Environment - Pursuant to Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development is likely to have an adverse impact on the built environment in terms of:

a) Overshadowing impacts on adjoining developments

b) Acoustic impacts on adjoining development

c) The proposal is out of character with existing development

4. Pursuant to Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, due to the adverse impacts on surrounding properties and inadequate vehicular access the site is not suitable for the development proposed

5. REF1008 - Refusal Reason - Public interest - Pursuant to Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, the proposed development is not considered to be in the public interest

6. The supporting documentation lodged with the development including Traffic and Parking Implications Report, Heritage Report and the Acoustic Report fail to make a full and accurate assessment of the proposed impacts of the development

For video relating to 14 Wright Street Hurstville click here

APPENDICES

Appendix View1	Location Map - 14 Wright St Hurstville
Appendix View2	Site Photo - 14 Wright St Hurstville
Appendix View3	Site Plan - 14 Wright St Hurstville
Appendix View4	Elevations - 14 Wright St Hurstville
Appendix View5	Ground Floor Plan - 14 Wright St Hurstville
Appendix View6	Shadow Diagrams - 14 Wright St Hurstville
Appendix View7	Company Extract - Applicant and Owner - 14 Wright St Hurstville (Confidential)

Hurstville City Council – Council Meeting Wednesday, 10 December 2014

CCL417-14 3 Cross Street Hurstville - Proposed car parking control system

Applicant	Westfield Limited
Proposal	Introduction of a control system to the car park of Westfield Hurstville with associated signage
Owners	DWPL Nominees Pty Ltd, RE1 Ltd, and PT Ltd
Report Author/s	Senior Development Assessment Officer, Ms P Bizimis
File	DA2014/0927
Previous Reports Referenced	No
Disclosure of Political Donations or Gifts	No
Zoning	Zone 3(b) - City Centre Business Zone - HLEP 1994
Existing Development	Westfield Hurstville
Cost of Development	$3,000,000.00
Reason for Referral to Council	Nature of proposed development
Planning Instruments Applicable	Hurstville Local Environmental Plan 1994, Draft Hurstville Local Environmental Plan 2012, State Environmental Planning Policy (Competition) 2010, Development Control Plan No 2 – Hurstville City Centre
Hurstville Local Environment Plan Interpretation of Use	“Car park” and “Advertisement”

EXECUTIVE SUMMARY

1. The application seeks approval to install a control system to the existing car park at Westfield Hurstville with associated signage. The control system includes boom gates for entry/exit and a car park guidance system for improved car parking and will allow 3hrs free parking for customers before payment begins.

2. The application has been assessed against the relevant planning instruments and Development Control Plans and is consistent with the requirements relating to car parking.

3. The application was advertised in accordance with Council’s requirements for a period of fourteen (14) days and no submissions were received in reply.

4. The application was deferred at the Council meeting of 20 August 2014 for a site inspection and a workshop. The site inspection was held on 2 September 2014 and workshop on 8 October 2014.

5. The application was considered at Council’s meeting on 15 October 2014 and Council resolved:

THAT Council grant owners consent to the application for the proposed car parking control system to the car park of Westfield Hurstville with associated signage on its land.

FURTHER THAT the General Manager explore the feasibility of including Council’s car parking levels in the proposed Westfield control system, and report the options to a future Council meeting.

AUTHOR RECOMMENDATION

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

REPORT DETAIL

ADDITIONAL INFORMATION

At the meeting of 20 August 2014 Council considered this development application and resolved:

THAT the application be deferred for a site inspection and then referred to a workshop.

A site inspection was held on 2 September 2014. A workshop was conducted on 8 October 2014.

In response to questions raised at the Workshop regarding boom gates and queuing the applicant has advised as follows:

Westfield Hurstville will adopt the “ticketless” licence plate recognition technology like that being introduced at Miranda that will remove the need for boom gates on entry to the Westfield car park.

This system as suggested below by Councils traffic section “will remove potential impacts on Council car park levels and adjoining road network where direct access points to the Westfield car park is located”.

In relation to Council’s resolution on 15 October, 2014 Westfield have been advised of Council’s decision to grant owners consent for the current application and a report on including Council’s car park is presented elsewhere in this business paper.

The previous report is set out below.

DESCRIPTION OF THE PROPOSAL

The application seeks approval to install a control system to the existing car park at Westfield Hurstville with associated signage. The control system includes boom gates for entry/exit and a car park guidance system for improved car parking. The application is accompanied by a report entitled “Introduction of Car Park Control System” prepared by Colston Budd Hunt and Kafes Pty Ltd (reference 9013/2, dated May 2014) which details the proposed development (in summary) as follows:

Colston Budd Hunt and Kafes Pty Ltd has been commissioned by Westfield Design and Construction Pty Ltd to prepare a report on the introduction of a car park control system for the Hurstville Shopping Centre. The car park has two components, the Westfield and Council car parking areas. The proposed car park control system is for the Westfield component of the car park.

The car park control system will enhance security, improve car park efficiency and ensure the turnover of shopper parking spaces. The car park control system is intended to:

· control long stay parking within the car park;

· control employee parking;

· improve customer parking availability in close proximity to pedestrian access

points in the complex;

· minimise commuter parking associated with the adjacent railway station;

· increase hours of operation of the Westfield car park.

In association with the car park control system, a car park guidance system will also be provided. The car park guidance system will improve access to car parking spaces, reducing traffic circulation, delays and queues within the car park.

Need for Control Parking

It is proposed to introduce a car parking control system for the Westfield component of the car park. The car park control system is intended to address the following:

· control long stay parking within the car park, thereby improving the availability of parking for customers;

· control employee parking and prevent employees from parking close to convenient pedestrian access points for the centre;

· discourage long term parking associated with other developments located in the vicinity of the centre;

· discourage commuter parking, associated with the adjacent railway station and bus interchange, that has the effect of reducing available car parking for shoppers.

Car Park Management

The main objectives of the car park control system will be to ensure a turnover of shopper parking spaces, enhance security, discourage all day commuter parking and to limit the number of separate access controlled parking systems needed to manage the various parking areas. The control system will need to provide for the various users of the car park, including shoppers, tenants and staff.

The car park control system will be designed to be compatible with a car park guidance system. It will include comprehensive parking access control around the perimeter of the car parking areas and will include the use of boom gates with ticket dispensers on entry and ticket validators/readers on exit. The system will operate together with automatic pay stations situated strategically about the centre to allow customers to pre-pay for parking. A manned central pay station will be required within the centre to cater for customer queries and to manage the overall operation of the car park.

The car park control system would be linked to a central computer, conveniently located for car park management personnel. This computer could be located within the manned central pay station. It is intended that a limited period of free parking will be available prior to car parking charges being imposed. (The applicant has confirmed that there will be 3 hours free parking for customers before payment begins).

Entry and exit controls at the car park will be linked, via CCTV and intercom network, back to the central control station. This will allow constant surveillance of the car park and also provide customer assistance.

The car park access control system will incorporate an automatic number plate recognition system, which would be required if a ticketless system is selected. Such a system would require the installation of automatic number plate recognition at each of the entries and exits to the car parking system or specific parking zones. It would need to be installed in combination with boom gates at each entry and exit location.

Staff/tenants will be accommodated within designated staff parking areas on the roof top level. Staff/tenants will be issued with a proximity card which will allow them access into secure staff parking areas. These parking areas will be controlled by proximity card controlled boom gates with anti-pass back lag-time readers to allow staff/tenants to access the staff parking areas within a designated time period. Should staff/tenants abuse the system by attempting to park within the main customer parking area, on exiting the car park they will be required to pay the daily parking rate.

It is considered that the proposed car park management system will provide a convenient and practical system for casual parkers/customers and staff/tenants.

Car Park Guidance System

In association with the introduction of the car park control system, it is proposed to implement a car park guidance system. The car park guidance system will improve access to car parking spaces, reducing traffic circulation, delays and queues within the car park. The car park guidance system will include the following design components:

· external traffic guidance;

· car park entry information boards;

· internal major decision point traffic way-finding signage;

· internal aisle signage;

· individual bay availability indicators.

External traffic guidance signs will be located within the boundaries of the shopping centre, on approach to the car park areas and access to the various car park entries. These signs will include a mix of static and dynamic information boards indicating the location of the car park area and the availability of parking bays within the various parking zones. The external guidance signs will:

· display parking availability information within the shopping centre prior to entry to the car park, allowing informed parking choices;

· divert entering traffic to alternative entry locations accessing underutilised parking areas;

· guide entering traffic to the nearest available parking bays.

The car park entry information boards and the internal way finding signage will guide motorists directly to a parking area with the most available parking spaces without traversing all parking levels in search of a parking space. Aisle signage will be provided to indicate the availability of parking bays.

Parking bay indicators will display whether individual bays are occupied or unoccupied. Bay indicators will provide information to an overall management system. Information relating to the occupancy of the various parking areas can then be displayed on the external and internal dynamic signage system.

Effect on Parking Provision

The proposed introduction of a car park control system will result in the loss of some 68 parking spaces. The loss of these spaces is as a result of the introduction of the car park control equipment, modifications to internal circulation and provision of appropriate queuing area for vehicles on approach to the entry and exit controls. The effect of this reduction in parking provision will be minor compared to the following benefits:

· improvements in the efficiency of operation of the various parking areas as a result of the introduction of the car park control system;

· improvements in car park utilisation as a result of the introduction of the car park guidance system;

· reduction in long stay and commuter parking, resulting in an increase in available parking spaces;

· better control of staff/tenant parking;

· improved customer parking availability in close proximity to pedestrian access points to the centre;

· enhance security;

· improvements in car park efficiency and internal circulation;

· reduced traffic delays and internal travel times;

· improved distribution of traffic to the various access controls within the car park;

· increase hours of operation of the Westfield car park.

HISTORY

2 Jun 14 Date of lodgement.

DESCRIPTION OF THE SITE AND LOCALITY

The development application relates to the Westfield Hurstville development which is located in the Hurstville City Centre and is bound by The Avenue, Cross Street, Rose Street, Lofts Avenue, Humphreys Lane and Park Road. Westfield Hurstville is a shopping centre which comprises retail shops and services with associated car parking. A Council car park is also located within the building, but is not the subject of this application.

The area surrounding the subject site is characterised by commercial uses such as shops and offices. There are also residential uses adjoining the commercial uses.

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 1994

The subject site is zoned 3(b) - City Centre Business under the Hurstville Local Environmental Plan 1994. The proposed development, being the provision of a control system to the existing car parking area with associated signage is permitted with development consent. The proposed development is considered to be consistent with the objectives of the zone and has no implications on the development’s compliance with the provisions of Local Environmental Plan 1994.

2. Draft Environmental Planning Instruments

DRAFT STATE ENVIRONMENTAL PLANNING POLICY (COMPETITION) 2010

State Environmental Planning Policy (Competition) 2010 which is currently in draft status applies to the subject application. The draft SEPP proposes that:

· The commercial viability of a proposed development may not be taken into consideration by a consent authority when determining development applications;

· The likely impact of a proposed development on the commercial viability of other individual businesses may also not be considered unless the proposed development is likely to have an overall adverse impact on the extent and adequacy of local community services and facilities, taking into account those to be provided by the proposed development itself; and

· Any restrictions in local planning instruments on the number of a particular type of retail store in an area, or the distance between stores of the same type, will have no effect.

In accordance with this SEPP, Council cannot take into consideration the commercial viability of the car park which will now introduce a paid parking system. The implications of having a paid parking system will be dictated by market forces as intended by the SEPP.

DRAFT HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

Council at its meeting on 12 April, 2012 resolved to adopt the draft Hurstville Local Environmental Plan (Hurstville City Centre) 2012 with a number of amendments and forward the draft Plan to the Department of Planning and Infrastructure under the Environmental Planning and Assessment Act 1979. This Plan was placed on public exhibition and ceased on Thursday 14 August 2014.

For the purposes of this report the Draft Hurstville Local Environmental Plan 2012 is not considered to be “certain” nor “imminent” and therefore the provisions of the Hurstville Local Environmental Plan 1994 apply.

Any other matters prescribed by the Regulations

The Regulations prescribe no other matters for consideration for this development.

3. Development Control Plans

The provisions of Hurstville development Control Plan No 2 – Hurstville City Centre apply to the proposed development with the relevant sections being as follows:

DEVELOPMENT CONTROL PLAN NO 2 – HURSTVILLE CITY CENTRE – SECTION 6.1 CAR PARKING

The introduction of the control system has been described in detail in the report above under the section entitled Description of the Proposal. It is considered that the control system will deter those that are not customers of the shopping centre. The car park is on private property and functions the same as other on site car parking areas which are to be used solely by the employees and customers/visitors to that business. Should customers not be happy with the introduction of the new car parking system this will have implications on the shopping centre by way of less customers or complaints. The control system will also introduce an improved parking experience with directional signage, lights, and car space availability.

The report submitted with the application which was prepared by Colston Budd Hunt and Kafes Pty Ltd states that sixty eight (68) existing car spaces in the development will be lost as a result of the works to be undertaken to install the control system.

Council’s records were examined to identify the number of car spaces that were required to be provided in Westfield Hurstville. The information available identified that two thousand, eight hundred and eighty four (2884) car spaces were required based on the car parking requirements that applied in 1987 which was 1 car space/23.25sqm of leasable floor area. The total number of car spaces also included three hundred and seventy eight (378) car spaces which were required for the original development of the site for a shopping centre.

The report accompanying the application summarises the existing onsite car parking spaces as being two thousand, eight hundred and eighty two (2882). The loss of sixty eight (68) car spaces will result in two thousand eight hundred and fourteen (2814) on site car spaces being provided in the car park.

The provisions relating to onsite car parking have evolved and been reviewed since 1987. Under the current provisions of Development Control Plan No 2 for the subject site (Block 18A in The Controls), 1 car space/30sqm of floor area is required for retail uses. Based on the current floor area of the building (which is identified as being 58,272sqm in Council’s records), one thousand nine hundred and forty three (1943) car spaces are to be provided on site. If three hundred and seventy eight (378) car spaces are added to this (which were required in the original consent for the site), a total of two thousand three hundred and twenty one (2321) car spaces are required to be provided. The provision of two thousand eight hundred and fourteen (2814) on site car spaces to Westfield Hurstville significantly exceeds the car parking requirements of Development Control Plan No 2. On this basis, the loss of car parking spaces is supported. In addition to this it is likely that the control system will result in better utilisation of car spaces with improved turn over and availability of car spaces.

DEVELOPMENT CONTROL PLAN NO 2 – HURSTVILLE CITY CENTRE – SECTION 6.3 ACCESS AND MOBILITY

The applicant will be required to provide appropriate disabled access and facilities within the car parking area in accordance with the relevant legislation. Appropriate conditions of consent have been included in the recommendation, should consent be granted.

DEVELOPMENT CONTROL PLAN NO 2 – HURSTVILLE CITY CENTRE – SECTION 6.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

The proposed development has been assessed against crime prevention principles and results in no additional opportunities for crime. The introduction of a control system to the car parking will result in improved crime prevention measures in the car park as the control system will include features such as number plate recognition. This is likely to deter those entering the car park that are not there for legitimate purposes.

DEVELOPMENT CONTROL PLAN NO 2 – HURSTVILLE CITY CENTRE – SECTION 8.7 ADVERTISING AND SIGNAGE

The proposed signage will be located at the entry points to the car park and provide direction and information to customers about the car park. The proposed signage is relatively obscure and typical of signage provided to car parking areas. The signage is consistent with the requirements and objectives of Development Control Plan No 2.

4. Impacts

Natural Environment

The proposed development has no implications on the natural environment.

Built Environment

The proposed development relates to the existing car park within Westfield Hurstville and has no impact on the bulk and scale of the existing development. There will be some external signage at the car park entry points but this signage is for information purposes for customers.

Social Impact

The proposed development has no apparent social impact.

Economic Impact

The proposed development has no apparent economic impact.

Suitability of the Site

The site has no impediments that preclude the proposed development from being undertaken.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

The application was advertised in accordance with Council’s requirements for a period of fourteen (14) days and no submissions were received in reply.

Council Referrals

Senior Environmental Health and Building Surveyor (Major Projects)

Council’s Senior Environmental Health and Building Surveyor (Major Projects) has examined the application and raised no objection subject to conditions of consent being attached to any consent granted.

External Referrals

No external referrals were required for this application.

6. CONCLUSION

The application seeks approval to install a control system to the existing car park at Westfield Hurstville. The control system includes boom gates for entry/exit and a car park guidance system for improved car parking. The introduction of the control system will result in improved car parking facilities and use by legitimate customers of the shopping centre. The proposed on site car parking spaces comply with the provision of Development Control Plan No 2. Accordingly the application is recommended for approval subject to conditions of consent.

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 No DA2014/0927 for a control system to the existing car park at Westfield Hurstville with associated signage on Lot 1 DP 808463 and known as 3 Cross Street Hurstville, subject to the attached 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:

Reference No.

Date

Description

Revision

Prepared by

Reference 90132, Drawing Nos 2 through to 15

7 May 14

Car parking areas level P1

Car parking areas level P2

Car parking areas level P3

Car parking areas level P4

Car parking areas level P5

Car park access control - location 1

Car park access control - location 2

Car park access control - location 3

Car park access control - location 4

Car park access control - location 5

Car park access control - location 6

Car park access control - location 7

Car park access control - location 8

Car park access control - location 9 and 9A

Colston Budd Hunt and Kafes Pty Ltd

Project No D4625, Drawing No 18.2010, 18.2011, 18.2012

10 Apr 14

Parking guidance system schedule external,

Parking guidance system schedule external PGS level P1,

Parking guidance system schedule external PGS level P2

Westfield Design and Construction Pty Ltd

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	$3,575.00	2 Jun 14	2017786
Plan First Fee	X	$1,920.00	2 Jun 14	2017786
Company Search Fee	X	$20.00	2 Jun 14	2017786
Long Service Levy		$10,500
Builders Damage Deposit		$6,000.00
Inspection Fee for Refund of Damage Deposit		$135.00

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		$3,425.00
Construction Certificate Application Fee		$3,425.00
Construction Certificate Imaging Fee		$229.00

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. 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: $6,000.00.

(b) Payment to Council of a non-refundable inspection fee to enable assessment of any damage and repairs where required: $135.00.

(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.

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 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 at: www.hurstville.nsw.gov.au/Forms

For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

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: www.hurstville.nsw.gov.au

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.

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.

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. 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 of the following, as required by the building design:

(a) piers

(b) footings

(d) columns

(e) structural steel

(f) reinforced building elements

(g) swimming pool design

(h) retaining walls

(i) stabilising works

(j) structural framework

10. CC6004 - 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 (for car parking facilities) and AS 2890.2 (for commercial vehicle facilities).

11. CC7008 - Building - Access for Persons with a Disability - Access for persons with disabilities must be provided to the premises/building in accordance with the requirements of the Premises Standards, the Building Code of Australia, and AS 1428.1. Details must be submitted with the Construction Certificate application.

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. PREC2002 - Development Assessment - Demolition and Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2011 - Demolition of Structures, NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011. The work plans required by AS2601-2001 shall be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement shall be submitted to the Principal Certifying Authority prior to the commencement of works.

For demolition work which involves the removal of asbestos, the asbestos removal work must be carried out by a licensed asbestos removalist who is licensed to carry out the work in accordance with the NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011 unless specified in the Act and/or Regulation that a license is not required.

The asbestos removal work shall also be undertaken in accordance with the How to Safely Remove Asbestos: Code of Practice published by Work Cover NSW.

Copies of the Act, Regulation and Code of Practice can be downloaded free of charge from the Work Cover NSW website: www.workcover.nsw.gov.au

13. PREC7002 - Building - Utility Arrangements - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the developer’s expense.

14. 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.

15. 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.

16. CON2001 - Development Assessment - Hours of construction, demolition and building related work - Any work activity or activity associated with the development consent 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 7.00 am to 5.00 pm, 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.

17. 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.

18. 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.

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 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.

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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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 Senior Development Assessment Officer, below on 9330-6222 during normal office hours.

For video relating to 3 Cross Street Hurstville (Westfield) click here

APPENDICES

Appendix View1	Location Map of Westfield Hurstville
Appendix View2	Example of Control System Layout and Signage
Appendix View3	Hurstville Carparking Proposal - 3 Cross Street Hurstville
Appendix View4	Company Extract - Applicant - Westfield - 3 Cross Street Hurstville (Confidential)
Appendix View5	Company Extract - Owner - DWPL Nominees Pty Ltd - 3 Cross Street Hurstville (Confidential)
Appendix View6	Company Extract - Owner - RE1 Ltd - 3 Cross Street Hurstville (Confidential)
Appendix View7	Company Extract - Owner - PT Ltd - 3 Cross Street Hurstville (Confidential)

Hurstville City Council – Council Meeting Wednesday, 10 December 2014

CCL419-14 336 Forest Rd Hurstville - Fit-out and Use of Existing Premises as Restaurant

Applicant	Cheng Chen
Proposal	Fit-out and use of existing premises as restaurant
Owners	HHW1 Pty Ltd and HHW2 Pty Ltd
Report Author/s	Acting Development Assessment Officer, Mr E Gescheit
File	DA2014/1060
Previous Reports Referenced	No
Disclosure of Political Donations or Gifts	No
Zoning	Zone 3(d) - City Centre Commercial Core Zone - HLEP 1994
Existing Development	Two storey commercial building
Cost of Development	$190,000.00
Reason for Referral to Council	Variation to DCP2
Planning Instruments Applicable	Hurstville Local Environmental Plan 1994, Draft Hurstville Local Environmental Plan (Hurstville City Centre) 2014, Draft State Environmental Planning Policy (Competition) 2010, State Environmental Planning Policy No 55 – Remediation of Land, Development Control Plan No 2 - Hurstville City Centre
Hurstville Local Environment Plan Interpretation of Use	Refreshment room and Advertising

EXECUTIVE SUMMARY

1. The application seeks permission for a fit-out and use of existing premises as restaurant.

2. The proposed development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and seeks a variation to the calculation of on-site car parking spaces as required by Development Control Plan No 2. The site currently has no car parking and there is insufficient space to provide car parking, however the proposal requires twenty five (25) car spaces. This non-compliance is considered acceptable given the proposal satisfactorily achieves the zoning objectives and there is ample public transport and public car parking available within the vicinity of the site.

3. The application was not notified in accordance with Council’s notification requirements.

4. The application was deferred at the Council meeting of 19 November 2014 for a site inspection.

5. The site inspection held on 24 November 2014 and details of searches attached.

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 permission for a fit-out and use of existing premises as restaurant. Details of the proposal are summarised below.

Description of Use: The proposed Japanese restaurant will have a total floor area of 170sqm, comprising 124.8sqm of public area. The total number of seats will be fifty (50).

Hours of Operation: Monday to Sunday, 11:00am to 10:00pm.

Car parking: No car parking is available on the site.

Loading/Unloading: Can be accommodated via Forest Road.

Number of workers: Six (6)

Signage: One (1) x illuminated awning sign, replace existing under awning sign and one sign located on the shopfront wall.

HISTORY

17 Sep 14 Development application lodged

9 Nov 14 Council resolved:

THAT the application be deferred for a site inspection.

24 Nov 14 Site inspection held

DESCRIPTION OF THE SITE AND LOCALITY

The site is located on the northern side of Forest Road and it is irregular in shape with two (2) frontages to Forest Road and Barratt Street. The site area is 423.76sqm and existing on the site fronting Forest Road is a single storey building containing a restaurant. Fronting Barratt Street is a two (2) storey commercial building which is subject to this application. This application relates to the ground level of the building. This ground level was most recently used as a real estate agent and there is currently no car parking available on the site.

Adjoining the site are one (1) and two (2) storey buildings containing commercial and retail uses. The surrounding area is characterised by predominantly commercial and some residential uses.

The site is also located in close proximity to Hurstville’s bus interchange and railway station.

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 1994

The site is zoned 3(d) - City Centre Commercial Core zone under Hurstville Local Environmental Plan 1994 and the proposed use is permissible in the zone as a “Refreshment room” and “Advertising”. It is considered that the proposal meets the objectives of the zone.

The clauses of the Hurstville Local Environmental Plan that are relevant to the proposed development are as follows.

Part 2 - General restrictions on development of land

An assessment of the objectives of the 3(d) City Centre Commercial Core Zone is demonstrated below:

a. to provide for a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community,

Comment: The proposed restaurant is considered to be an appropriate retail use that serves the local and wider area. It complements the existing mix of commercial uses and reinforces the popularity of restaurants in the area.

b. to encourage appropriate employment opportunities in accessible locations,

Comment: The proposal includes employing six (6) staff in a location that is accessible via different modes of public transport and with ample public car parking.

c. to maximise public transport patronage and encourage walking and cycling,

Comment: The site does not provide any car parking which encourages use of public transport and car parking in nearby public car parks. The site is located in close proximity to the railway station and the bus interchange which makes it easy to access for patrons.

d. to strengthen the role of Hurstville City Centre as a major retail and commercial centre,

Comment: The provision of a new restaurant within the City Centre is considered to be important for the local economy as it relies heavily on retail businesses. The proposal strengthens Hurstville as a major centre as it encourages more residents, workers, visitors and investment to the area.

e. to provide a consolidated commercial core (where residential development is prohibited) around the Hurstville railway station and proposed bus interchange

Comment: The proposal encourages more commercial activity around the public transport hubs while serving the local residents.

Based on the above, it has been demonstrated that the proposed restaurant can adequately achieve all of the zoning objectives.

Clause 15 – Services

The site has facilities for the supply of water and for the removal or disposal of sewage and drainage as required by this clause.

Clause 25A – Advertising and Signage

The proposed signage to the development is consistent with the objectives and requirements of this clause.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The site has a history of being used for commercial purposes and it is considered unlikely that the land is contaminated. The proposed development is therefore not affected by contamination.

2. Draft Environmental Planning Instruments –

DRAFT STATE ENVIRONMENTAL PLANNING POLICY (COMPETITION) 2010

The aims of this policy are to promote economic growth and competition, and to remove anti-competitive barriers in environmental planning and assessment. The policy includes criteria to remove anti-competitive barriers to commercial development, being retail premises, business premises, and/or office premises. As such the proposed development has been assessed against this policy and it can be supported on the basis that there are other restaurants in the vicinity of the site.

DRAFT HURSTVILLE LOCAL ENVIRONMENTAL PLAN (HURSTVILLE CITY CENTRE) 2014

Council at its meeting on 17 September 2014 resolved to adopt the Draft Hurstville Local Environmental Plan (Hurstville City Centre) 2014 and forward this to the Department of Planning and Environment. For the purposes of this application, the Draft Local Environmental Plan is not considered to be “certain” nor “imminent” and therefore the provisions of the Hurstville Local Environmental Plan 1994 apply.

Any other matters prescribed by the Regulations

None relevant.

3. Development Control Plans

The proposed development has been assessed against the relevant sections of Development Control Plan No 2 as follows.

DEVELOPMENT CONTROL PLAN NO 2 - HURSTVILLE CITY CENTRE - SECTION 6.1 CAR PARKING

As mentioned above, the site is constrained and there is no on-site car parking available. The proposed use is defined as a “refreshment room” under Development Control Plan No 2 for the purposes of calculating car parking spaces. This Section provides flexibility for change of use applications where the public area is under 100sqm, however the proposed public area is 124.8sqm.

Below is the car parking rates applicable to the proposed development and an assessment in relation to this Section of Development Control Plan No 2.

Section 6.1

Standard

Proposal

Complies

Refreshment rooms:

15 spaces per 100sqm GFA (170sqm of GFA)

1 space per 3 seats (50 seats proposed)

(whichever is greater)

25 spaces for 170sqm

17 spaces for 50 seats

No car parking available on the site

No - variation supported as discussed below

Based on the above, the required car parking for the proposed restaurant is twenty five (25) spaces. Council sent a request to the applicant to provide additional information in relation to the non-compliance with the car parking controls. Council offered the applicant to choose from one (1) of following three (3) options:

1. The public floor area of the restaurant to be reduced to be a maximum 100sqm. This would waive the requirement to provide car parking.

2. Provide written justification for the non-compliance with the car parking rates requirement.

3. For every car space that cannot be provided Section 94 Contributions would apply. The rate for each deficient car space is currently $51,195.12. This contribution would be required to be paid for the total number of car spaces required, being twenty five (25) spaces. Therefore the total contribution required would be $1,279,878.00.

The applicant prepared a written justification and listed the following reasons for not being able to comply with the car parking requirements:

· The site is constrained and providing car parking is not viable.

· There is almost 4,000 public car spaces available within the Hurstville CBD area.

· There is adequate public transport available to the area including the bus interchange and the railway station.

Comment: The previous use of the premises was a real estate agent and it is acknowledged that the new use as a restaurant is an intensification of the site. However, the Hurstville City Centre provides ample public car parking options available within the vicinity of the site. Additionally, restaurant patrons can be encouraged to use public transport as there are adequate train and bus services available in the area.

As discussed in detail above, the proposal complies with all of the zoning objectives and it is anticipated the proposal will contribute Hurstville City Centre as a major retail and commercial centre. The ability to provide car parking on the site is not expected given that the majority of restaurants along Forest Road retail precinct also cannot provide off-street car parking. Accordingly, the non-compliance in car parking is considered acceptable and is supported.

DEVELOPMENT CONTROL PLAN NO 2 - HURSTVILLE CITY CENTRE - SECTION 6.3 ACCESS AND MOBILITY

The proposal is required to provide appropriate access and facilities for people with a disability in accordance with the relevant legislation. Access and facilities will be provided to the premises including the provision of an accessible bathroom.

DEVELOPMENT CONTROL PLAN NO 2 - HURSTVILLE CITY CENTRE - SECTION 6.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

The proposal has been assessed against crime prevention principles and is considered to be acceptable. The proposal does not create any additional opportunities for crime. The proposed restaurant has a frontage to Forest Road which allows casual surveillance of the surrounding area which is consistent with crime prevention principles.

DEVELOPMENT CONTROL PLAN NO 2 - HURSTVILLE CITY CENTRE - SECTION 6.9 WASTE MANAGEMENT

Waste facilities have been provided for the proposed use within the premises. As such appropriate waste facilities are provided for the proposal.

DEVELOPMENT CONTROL PLAN NO 2 - HURSTVILLE CITY CENTRE - SECTION 8.4 FOOD PREMISES

Council’s Senior Environmental Health Officer has assessed the proposal and has provided appropriate conditions of consent requiring the premises to be fitted out and operated in accordance with the relevant food premises requirements and legislation.

DEVELOPMENT CONTROL PLAN NO 2 - HURSTVILLE CITY CENTRE - SECTION 8.7 ADVERTISING AND SIGNAGE

An assessment of the proposed signage has been undertaken against the provisions of Development Control Plan No 2 and the proposed signage adequately complies with these controls.

4. Impacts

Natural Environment

The proposed development is unlikely to have an adverse impact on the natural environment.

Built Environment

The proposed development is unlikely to have an adverse impact on the built environment as the proposed restaurant will be contained within an existing commercial building. There are no significant changes proposed to the exterior of the building.

Social Impact

The proposed development has no social impacts.

Economic Impact

The proposed development has no economic impacts other than it will provide additional employment opportunities and will encourage more local residents and visitors to the area.

Suitability of the Site

The site is suitable for the proposal as the premises can achieve compliance with the relevant building and health regulations required for a restaurant subject to conditions of consent.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Residents

Neighbour notification was not required due to the type of development in accordance with Development Control Plan No 2 - Hurstville City Council - Section 2.2 Neighbour Notification and Advertising of Development Application.

Council Referrals

Senior Environmental Health and Building Surveyor

Council’s Senior Environmental Health and Building Surveyor has assessed the proposal and has recommended conditions of consent to be attached to any consent granted.

Senior Environmental Health Officer

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

6. CONCLUSION

The proposal seeks permission for a fit-out and use of the existing premises as a restaurant. The proposal has been assessed against the requirements of the relevant planning instruments and Development Control Plan and complies except in relation to provision of car parking. As discussed above, this non-compliance is considered acceptable as there is ample public car parking available within the vicinity of the site and there is adequate public transport in the area.

Having regard to the matters of consideration under Section 79C of the Environmental Planning and Assessment Act 1979, the proposal is considered satisfactory and acceptable for the reasons stated in this report.

DETERMINATION

THAT pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application No. DA2014/1060 for a fit-out and use of the existing premises as a restaurant on Lot 1 DP817894 and known as 336 Forest Road, Hurstville, subject to the following conditions:

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

Reference No.	Date	Description	Revision	Prepared by
C01	-	Cover Page	-	Span Design Studio
N01	25 Sep 14	General Note	A	Span Design Studio
F01	25 Sep 14	Finish Schedule	A	Span Design Studio
P00	25 Sep 14	Location Plan	A	Span Design Studio
P01	22 Oct 14	Floor Plan	B	Span Design Studio
P02	22 Oct 14	Reflected Ceiling Plan	B	Span Design Studio
P03	25 Sep 14	Service Plan	A	Span Design Studio
E01	25 Sep 14	Shopfront Elevation	A	Span Design Studio
E02	25 Sep 14	Shop Elevations	A	Span Design Studio
E03	22 Oct 14	Shop Elevations	B	Span Design Studio
E04	25 Sep 14	Shop Elevations	A	Span Design Studio
D01	25 Sep 14	Signage Details	A	Span Design Studio
D02	25 Sep 14	P.O.S. Counter Detail	A	Span Design Studio
D03	25 Sep 14	Wall Display Details	A	Span Design Studio
D04	25 Sep 14	Banquette Detail	A	Span Design Studio
D05	25 Sep 14	Wall Feature Details	A	Span Design Studio
D06	25 Sep 14	Feature Light Detail	A	Span Design Studio

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	$740.00	17 Sep 14	2022126
Plan First Fee	X	$141.60	17 Sep 14	2022126
Long Service Levy		$665.00
Builders Damage Deposit		$1,500.00
Inspection Fee for Refund of Damage Deposit		$135.00

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		$1,025.00
Construction Certificate Application Fee		$1,025.00
Construction Certificate Imaging Fee		$103.00

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: $135.00.

(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.

The relevant Application Forms for these activities can be downloaded from Hurstville City Council’s website at: www.hurstville.nsw.gov.au/Forms

For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

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. GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Plumbing, Building and Developing section of Sydney Water’s website to locate a Water Servicing Coordinator in your area. Visit: www.sydneywater.com.au

A "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

The “Notice of Requirements” must be submitted prior to the commencement of work.

7. GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

8. GOV1006 - Sydney Water - Trade Waste Agreements - A Trade Waste Agreement with Sydney Water may be required. Details of any work required to comply with the agreement must be detailed on the plans lodged with the Construction Certificate. If no trade waste agreement or grease trap is required, a letter from Sydney Water to this effect must be submitted with the application for the Construction Certificate.

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

9. CC4019 - Health - Food Premises - Plans and Specifications - Details of the construction and fit out of food premises must be submitted to Council’s Environmental Health Officer. The plans and specifications must demonstrate compliance with the:

· Food Act 2003 (as amended);

· Food Regulation 2010 (as amended);

· Food Standards Code as published by Food Standards Australia;

· New Zealand and Australian Standard AS4674:2004 Design, Construction and fit out of food premises (as amended);

· Sydney Water - trade Waste Section.

Council’s Environmental Health Officers’ must advise in writing that the plans and specification are considered satisfactory prior to the issue of any Construction Certificate.

10. CC4022 - Health - Food Premises - Waste Facility - Details of the construction and fit out of the waste facility of the food premises must be submitted to Council’s Environmental Health Officers for approval. Such details must demonstrate compliance with the Food Act 2003 (as amended), Food Regulation 2010 (as amended), the Food Standards Code as published by Food Standards Australia and New Zealand and Australian Standard AS 4674:2004 Design, construction and fit out of food premises (as amended.) and must be:

(a) provided with a hose tap connected to the water supply;

(b) paved with impervious floor materials;

(d) graded and drained to a waste disposal system in accordance with the requirements of the relevant regulatory authority (Sydney Water);

(e) adequately ventilated (mechanically or naturally) so that odour emissions do not cause offensive odour as defined by the Protection of the Environment Operations Act 1997;

(f) fitted with appropriate interventions to meet fire safety standards in accordance with the Building Code of Australia.

Council’s Environmental Health Officers’ must advise in writing that the plans and specification are considered satisfactory prior to the issue of any Construction Certificate.

11. CC4024 - Health - Colour of finishes - All walls, floor and ceiling in all food preparation, food storage and waste storage areas shall be finished with a light colour. No black or dark colour is permitted in these areas.

Details of colour of finishes in the mentioned areas must be submitted with the plans for satisfactory approval prior to the issue of any Construction Certificate.

12. CC7008 - Building - Access for Persons with a Disability - Access and sanitary facilities for persons with disabilities must be provided to the premises/building in accordance with the requirements of the Premises Standards, the Building Code of Australia, and AS 1428.1. Details must be submitted with the Construction Certificate application.

13. CC7002 - Building - Fire Safety Measures prior to Construction Certificate - Prior to the issue of a Construction Certificate a list of the essential fire safety measures that are to be provided in relation to the land and any building on the land as a consequence of the building work must accompany an application for a construction certificate, which is required to be submitted to either Council or a Certifying Authority. Such list must also specify the minimum standard of performance for each essential fire safety measure included in the list. The Council or Certifying Authority will then issue a Fire Safety Schedule for the building.

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.

14. PREC2002 - Development Assessment - Demolition and Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2011 - Demolition of Structures, NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011. The work plans required by AS2601-2001 shall be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement shall be submitted to the Principal Certifying Authority prior to the commencement of works.

The asbestos removal work shall also be undertaken in accordance with the How to Safely Remove Asbestos: Code of Practice published by Work Cover NSW.

Copies of the Act, Regulation and Code of Practice can be downloaded free of charge from the Work Cover NSW website: www.workcover.nsw.gov.au

15. PREC2009 - Development Assessment - Demolition work involving asbestos removal - Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under clause 458 of the Work Health and Safety Regulation 2011.

16. PREC7002 - Building - Utility Arrangements - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the developer’s expense.

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.

17. CON2001 - Development Assessment - Hours of construction, demolition and building related work - Any work activity or activity associated with the development consent 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 7.00 am to 5.00 pm, 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.

18. 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.

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

19. OCC4004 - Health - Noise from mechanical plant and equipment - CBD Only - Noise from the operation of mechanical, equipment, ancillary fittings, machinery, mechanical ventilation system and/or refrigeration systems must not exceed background noise when measured at the nearest lot boundary of the site. Where noise sensitive receivers are located within the site, noise from the operation of mechanical plant and equipment must not exceed background noise when measured at the nearest strata, stratum or community title boundary.

A professional engineer (acoustic) shall be engaged to certify that the design and construction of the all sound producing plants and equipment associated with the building complies with the above requirements. Certification shall be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

20. OCC4013 - Health - Food Premises - Inspection and Registration - Prior to the issue of any Occupation Certificate or occupation or use of any food premises:

(a) An inspection of the fit out of the Food Premises must be arranged with Council's Environmental Health Officer;

(b) a satisfactory final inspection must have been undertaken by Council's Environmental Health Officer; and

(c) the Food Premises must notify the NSW Food Authority of its business details and must register with Council and the NSW Food Authority.

21. OCC7003 - Building - Site for maximum number of seating - A sign must be displayed in a prominent position in the building stating that the maximum number of seating for persons that are permitted in the building and any future outdoor seating area shall not exceed fifty (50) persons. Plans must also be noted accordingly.

22. OCC7005 - Building - All structural work and the proposed signage must be structurally certified before the issue of the Occupation Certificate.

23. OCC7001 - Building - Fire Safety Certificate before Occupation or Use - In accordance with Clause 153 of the Environmental Planning and Assessment Regulation 2000 (the Regulation), on completion of building works and prior to the issue of an Occupation Certificate, the owner must cause the issue of a Final Fire Safety Certificate in accordance with Clause 170 of the Regulation. The Fire Safety Certificate must be in the form required by Clause 174 of the Regulation. In addition, each essential fire or other safety measure implemented in the building or on the land on which the building is situated, such a Certificate must state:

(a) That the measure has been assessed by a person (chosen by the owner of the building) who is properly qualified to do so.

(b) That as at the date of the assessment the measure was found to be capable of functioning at a standard not less than that required by the attached Schedule.

A copy of the certificate is to be given (by the owner) to the Commissioner of Fire and Rescue NSW and a further copy is to be displayed in a frame and fixed to a wall inside the building's main entrance.

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.

24. ONG4017 - Health - Lighting - General Nuisance - Any lighting on the site shall be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill.

25. ONG4018 - Health - Amenity of the neighbourhood - The implementation of this development shall not adversely affect the amenity of the neighbourhood or interfere unreasonably with the comfort or repose of a person who is outside the premises by reason of the emission or discharge of noise, fumes, vapour, odour, steam, soot, dust, waste water, waste products, grit, oil or other harmful products.

26. ONG4019 - Health - Storage of goods outside buildings - There shall be no storage of any goods external to the building with the exception of waste receptacles.

27. ONG4041 - Health - Food Premises - Adequate waste receptacles (Restaurants, takeaway/cafe) - Appropriate waste and recycling containers must be provided in accordance with the following waste generation rates:-

· Restaurants and Food Shops - 0.3-0.6 square metres per 100 meals, plus up to 0.15 cubic metres of beverage containers per 100 meals; and,

All waste and recycling containers shall be stored in the approved waste storage area that is large enough to store the required number of bins and must be adequately serviced by waste collection vehicles.

28. ONG4043 - Health - Food premises - Maintenance of food premises - The food premises must be maintained in accordance with the Food Act 2003 (as amended), Food Regulation 2010 (as amended); the Food Standards Code as published by Food Standards Australia and New Zealand and Australian Standard AS 4674-2004 - Construction and fit out of food premises (as amended).

29. ONG4044 - Health - Food premises - Noise control - The use of the premises must not give rise to the transmission of ‘offensive noise; to any place of different occupancy. ‘Offensive noise’ is defined in the Protection of the Environment Operations Act 1997 (as amended).

30. ONG4048 - Health - Food premises - Storage of waste - Used cooking oil - Used oil shall be contained in a leak proof container and stored in a covered and bunded area prior to off-site disposal. Copies of receipts for the disposal of used cooking oil shall be kept on-site and made available to Council Officers upon request.

31. ONG7004 - Building - Noise levels emitted from the mechanical exhaust system or any outdoor air conditioning unit must not exceed 5dB(A) above the background noise level when measured at any point on the boundary of the site.

32. ONG7002 - Building - Annual Fire Safety Statement - In accordance with Clause 177 of the Environmental Planning and Assessment Regulation, 2000 the owner of the building premises must cause the Council to be given an annual fire safety statement in relation to each essential fire safety measure implemented in the building. The annual fire safety statement must be given:

(a) Within twelve (12) months after the date on which the fire safety certificate was received.

(b) Subsequent annual fire safety statements are to be given within twelve (12) months after the last such statement was given.

(c) An annual fire safety statement is to be given in or to the effect of Clause 181 of the Environmental Planning and Assessment Regulation, 2000.

(d) A copy of the statement is to be given to the Commissioner of Fire and Rescue NSW, and a further copy is to be prominently displayed in the building.

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.

33. ADV4005 - Health - Food Premises - Advice -

Copies of food related documents and Standards:

· Copies of the Australian Standards can be obtained from Standards Australia Customer Service on telephone 1300 654646 or by visiting the website: www.standards.com.au

· Copies of the Food Safety Standards Code (Australia) may be obtained by contacting the Food Standards Australia New Zealand Authority on Telephone: (02) 6271-2222, e-mail: info@foodstandards.gov.au or by visiting the website: www.foodstandards.gov.au Copies of the NSW Stands for Construction & Hygienic Operation of Retail Meat Premises may be obtained by contacting the NSW Food Authority on 1300 552 406, e-mail: contact@foodauthority.nsw.gov.au or by visiting the website www.foodauthority.nsw.gov.au

Notification of Food Business

Section 100 of the Food Act 2003 requires:

100 Notification of conduct of food business

“(1) The proprietor of a food business must not conduct the food business unless the proprietor has given written notice, in the approved form, of the information specified in the Food Safety Standards that is to be notified to the appropriate enforcement agency before the business is conducted. Maximum penalty: 500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation”

Notification can be done on-line at www.foodnotify.nsw.gov.au

The provisions of the Food Act 2003 may change over time and irrespective of the conditions of consent, compliance with this Act, regulations, food standards and other standards adopted under the Food Act (as amended) are mandatory. The Food Act and applicable regulations can be accessed free of charge at www.legislation.nsw.gov.au

34. ADV4006 - Health - Noise - Advice

Noise related conditions

Council will generally enforce noise related conditions in accordance with the Noise Guide for Local Government (www.environment.nsw.gov.au/noise/nglg.htm) and the Industrial Noise Guidelines (www.environment.nsw.gov.au/noise/industrial.htm) publish by the Department of Environment and Conservation. Other state government authorities also regulate the Protection of the Environment Operations Act 1997.

Useful links relating to Noise:

· Community Justice Centres - free mediation service provided by the NSW Government (www.cjc.nsw.gov.au).

· Department of Environment and Conservation NSW, Noise Policy Section web page (www.environment.nsw.gov.au/noise).

· New South Wales Government Legislation home page for access to all NSW legislation, including the Protection of the Environment Operations Act 1997 and the Protection of the Environment Noise Control Regulation 2000 (www.legislation.nsw.gov.au).

· Australian Acoustical Society - professional society of noise-related professionals (www.acoustics.asn.au /index.php).

· Association of Australian Acoustical Consultants - professional society of noise related professionals (www.aaac.org.au).

· Department of Gaming and Racing - (www.dgr.nsw.gov.au).

35. ADV7004 - Building - Council as PCA - Compliance with the BCA - Should the Council be appointed as the Principal Certifying Authority, the Construction Certificate application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA:

· Certified schedule of all the fire services and equipment in the building, proposed and existing.

· Disabled access that complies with the Premises Standards, the BCA and with AS 1428.1.

· Mechanical ventilation and required fire separation of the kitchen exhaust and all table exhaust systems.

36. 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 www.workcover.nsw.gov.au

Schedule B – Prescribed Conditions

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

37. PRES1001 - Clause 97A – BASIX Commitments - This Clause requires the fulfilment of all BASIX Commitments as detailed in the BASIX Certificate to which the development relates.

38. 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.

39. 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.

40. PRES1005 - Clause 98C- Entertainment Venues - Schedule 3A of the Environmental Planning and Assessment Act 1979 outlines the prescribed conditions which apply to Entertainment Venues.

41. PRES1006 - Clause 98D – Erection of sign for maximum number of persons - This prescribed condition applies to entertainment venues, function centres, pubs, registered clubs and restaurants. This condition requires the erection of a sign which states the maximum number of persons (as specified in the consent) that are permitted in the building.

42. 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

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

43. 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.

44. 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:

(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.

45. 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.

46. 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.

47. 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.

48. 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.

49. 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.

For video relating to 336 Forest Road, Hurstville click here

APPENDICES

Appendix View1	Location Map - 336 Forest Rd Hurstville
Appendix View2	Revised Site Plan - 336 Forest Rd - 7 Barratt St Hurstville
Appendix View3	Shopfront Elevation - 336 Forest Rd - 7 Barratt St Hurstville
Appendix View4	Revised Floor Plan - 336 Forest Rd - 7 Barratt St Hurstville
Appendix View5	Company Extract - Owner - HHW1 - 336 Forest Rd Hurstville (Confidential)
Appendix View6	Company Extract - Owner - HHW2 - 336 Forest Rd Hurstville (Confidential)

Hurstville City Council – Council Meeting Wednesday, 10 December 2014

CCL420-14 48 Johnstone St Peakhurst - Proposed Multiple Dwellings and Strata Subdivision

Applicant	Yitul Rawat
Proposal	Demolition of existing and construction of five multiple dwellings and Strata Subdivision
Owners	Jok On Lee, Pui Man Hui, Kam Bin Chan, Lai Fong Chan
Report Author/s	Development Assessment Officer, Mr M Raymundo
File	DA2014/0129
Previous Reports Referenced	No
Disclosure of Political Donations or Gifts	No
Zoning	Zone R2 – Low Density Residential
Existing Development	Dwelling House
Cost of Development	$1,100,000.00
Reason for Referral to Council	Variations to DCP1 and four (4) submissions received
Planning Instruments Applicable	Hurstville Local Environmental Plan 2012, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, Development Control Plan No 1 - LGA Wide
Hurstville Local Environment Plan Interpretation of Use	Demolition, Multiple Dwellings, Subdivision

EXECUTIVE SUMMARY

1. The proposal seeks approval for demolition of existing and construction of five (5) multiple dwellings and strata subdivision on land known as 48 Johnstone Street, Peakhurst.

2. The proposal seeks minor variations to the Development Control Plan. It is noted that the density controls do not apply to this application as this was lodged prior to Council’s Development Control Plan No1 - LGA Wide - amendment No - 12 June 2014.

3. The application was notified and renotified and forty seven (47) adjoining owners/occupiers were notified in accordance with Development Control Plan No 1 – LGA Wide. In total, four (4) submissions were received.

4. The application was deferred at the Council meeting of 19 November 2014 for redesign to four (4) multiple dwellings.

5. The applicant provided additional justification on 1 December 2014 seeking to retain the existing design which comprises five (5) multiple dwellings.

AUTHOR RECOMMENDATION

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

REPORT DETAIL

ADDITIONAL INFORMATION

The applicant has prepared additional justification prepared by Tranplan Consulting concluding the following:

The proposal (for 5 multiple dwellings) is consistent with the core objectives/ development standards (zoning/height/FSR) of the HLEP 2012 and largely compliant with the relevant setback, landscaping, site frontage and built form controls outlined within the DCP1, and will also have minimal amenity impacts upon surrounding development in terms of solar access, acoustic / visual privacy. Overall, the development is considered to be reasonable, conservative and appropriate for the site.

The requirement to provide an adaptable Unit is actually triggered by the 5^th Unit. Therefore, redesigning / reducing the development to only 4 dwellings means removing / deleting the adaptable dwelling from the development. Adaptable dwellings incorporate design and construction elements that can be readily modified to cate for an occupant with access and mobility restrictions, such as an elderly person and/or person with a disability. Accordingly, there will be a real tangible loss to the community if no adaptable unit is provided. Conversely there is a real tangible benefit to the community to include the adaptable dwelling in this development which is in the public interest pursuant to Section 79(1) of the Environmental Planning and Assessment Act (the Act) 1979.

Overall, the development (for 5 multi dwellings) is suitable for the site and represents an orderly and economic redevelopment of the land and consistent with Council’s land use objectives/controls, and will contribute to the provision of diverse housing in the Hurstville LGA (inclusive of the 5^th Unit – an adaptable dwelling) and should be granted conditional approval, as recommended by Council’s Development Assessment Officer (Mr M Raymundo), i.e. the development/design should be retained as five multi dwelling development (inclusive of adaptable dwelling) and not reduced to four (which would result in the loss of the adaptable dwelling).

The applicant’s full length justification is attached. In addition the applicant has stated five (5) multiple dwellings instead of four (4) multiple dwellings would be commercially viable.

DESCRIPTION OF THE PROPOSAL

The proposal seeks approval for demolition of existing and construction of five (5) multiple dwellings and strata subdivision on land known as 48 Johnstone Street, Peakhurst. In detail the amended proposal involves the following works:

· Demolition of existing,

· Construction of five (5) multiple dwellings (four (4) x townhouses and one (1) x villa),

· Removal of one (1) x scribbly gum and retention of three (3) trees (one (1) x Red Gum, two (2) x Alexandria Palms),

· Two (2) driveways and associated landscaping works,

· Strata subdivision.

HISTORY

28 Feb 14 Application lodged

14 – 28 Mar 14 Notification period

6 May 14 Stop the clock letter

21 May 14 Additional information received – amended plans and arborist report

4 Sep 14 Stop the clock letter

7 Oct 14 Additional information received – amended plans and traffic template provided

16 - 30 Oct 14 Re-notification period

19 Nov 14 Council resolved:

THAT the application be deferred for a redesign to four multiple dwellings.

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is legally described as on Lot 1 in DP 393994 and is known as 48 Johnstone Street, Peakhurst. The site is dimensioned as follows; 20.11m along the western frontage, 60.96m along the southern side boundary, 20.11m along the rear eastern boundary, 60.96m along the northern side boundary with a total area of 1,227sqm. The site slopes from rear to front with a fall of approximately 1m. A single storey dwelling is centrally located on site. Several trees are located on site. It is noted that the eastern side of Johnstone Street (where the subject site is located) is not identified as Foreshore Scenic Protection Area) whereas the western side of Johnstone Street is identified as such.

The surrounding area is characterised by multiple dwellings and detached dwellings of varying architectural styles and designs.

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

The extent to which the proposal complies with the relevant standards of Hurstville Local Environmental Plan 2012 is outlined in the table below.

Clause	Standard	Assessment Under HLEP 2012
Part 2 – Permitted or Prohibited Development	R2 Low Density Zone	Multiple dwellings are permissible in the zone
	Objectives of the Zone	The proposal complies with the objectives of the zone
2.6 - Subdivision	Subdivision is permissible with consent	Strata subdivision is sought with this application
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	Max. 7.6m (complies)
4.4 – Floor Space Ratio	Site = 1,116sqm 0.6:1 as identified on Floor Space Ratio Map	Proposed GFA =675.68sqm FSR = 0.55 (complies)
5.9 – Preservation of Trees or Vegetation	Trees to be removed are specified in DCP No.1 Section 3.11 – Preservation of Trees and Vegetation	One (1) tree to be removed and two (2) replacement trees supported by Council’s Senior Tree Management Officer
6.1 – Acid Sulfate Soils	Acid Sulfate Soils Management Plan must be prepared	Site not affected by acid sulphate soils
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 Team Leader Subdivision and Development supports the proposal. Drainage to Johnstone Street New driveways proposed

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

Compliance with the relevant state environmental planning policies is detailed and discussed in the table below:

State Environmental Planning Policy	Complies
Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment	Yes
State Environmental Planning Policy 55 – Remediation of Land	Yes
State Environmental Planning Policy (Building Sustainability Index BASIX) 2004	Yes

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:

Demolition

Safety standards for demolition and compliance with AS 2601-2001 apply to the demolition of any building 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 garages comply with the car parking provisions is outlined in the table below.

Section 3.1	Requirements	Proposed	Complies
3.1.4.1 -Visitor parking (4 or more dwellings)	1 space per 4 dwellings or part thereof (5 units proposed) = 2	2 spaces provided	Yes
3.1.4.2(a) – Layout	AS2890.1 – Min. dimensions (single garage) = 2.7m x 5.4m	Compliant dimensions provided for garages	Yes
3.1.4.2 – Dimension of car spaces, car parking layout, circulation, egress and egress	Compliance with AS2890.1 2004 and AS2890.2	Yes	Yes
3.1.4.6 – Parking for people with a disability	AS1428 and AS/NZS2890.6	Adaptable dwelling (Unit 5) car parking provided	Yes
3.1.4.8 – Car washing area	Four or more dwellings: 1 x designated car washing area	Visitor car space can also be provided as car washing area	Yes

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.3 ACCESS AND MOBILITY

Section 3.3

Requirements

Proposed

Complies

3.3.5.1 – Multiple dwellings

5 or more dwellings:

Min. 1 adaptable dwelling, designed in accordance with AS4299

1 adaptable dwelling (Unit 5)

Yes

As can be seen from the table above, the proposal complies with Section 3.3.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

The extent to which the proposed development complies with the crime prevention through environmental design provisions is outlined in the table below.

Section 3.4	Requirements	Proposed	Complies
Fencing	Allows natural surveillance to street	No front fence proposed	Yes
Blind Corners	To be avoided	Avoided	Yes
Communal Areas	Provide opportunities for natural surveillance	Windows of lounge/bedroom rooms (front dwelling) provide natural surveillance to the street and windows and doors of other dwellings to the common driveway	Yes
Entrances	Clearly visible and not confusing	Clearly defined with front porch to the entrance of each dwelling	Yes
Site and Building Layout	- Provide surveillance opportunities - Building addresses street - Habitable rooms are directed towards the front of the building - Garages are not dominant - Offset windows	Natural surveillance opportunities provided Yes Habitable bedrooms to front of the building Garages well integrated into design of development Yes	Yes Yes Yes Yes Yes
Lighting	- Diffused/movement sensitive lighting provided externally - Access/egress points illuminated - No light spill towards neighbours - Hiding places illuminated - Lighting is energy efficient	Can be conditioned to satisfy these requirements, should the application be approved	Yes
Landscaping	- Avoid dense medium height shrubs - Allow spacing for low growing dense vegetation - Low ground cover or high canopy trees around car parks and pathways	A mixture of landscaping is proposed. This ranges from ground cover, small shrubs to medium sized trees	Yes
Building Identification	- Clearly numbered buildings - Entrances numbered - Unit numbers provided at entry	Can be conditioned to satisfy these requirements, should the application be approved	Yes
Security	Provide an appropriate level of security for each dwelling and communal areas	Sufficient level of security provided for each dwelling	Yes
Ownership	Use of fencing, landscaping, colour and finishes to imply ownership	Landscaping, front porch and driveways indicate ownership	Yes

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.5 ENERGY EFFICIENCY

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ON-SITE DETENTION (OSD) REQUIREMENTS

The proposal has inadequately satisfied the requirements of this subsection. Council’s Development Engineer has supported the proposal.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.9 WASTE MANAGEMENT

Satisfactory.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.11- PRESERVATION OF TREES

The protection, removal of one (1) tree and planting of two (2) replacement trees is supported by Council’s Senior Tree Management Officer.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS

The proposal has been assessed against the requirements of Section 4.3 of Council’s Development Control Plan No 1 – LGA Wide as shown below.

Section 4.3

Requirements

Proposed

Complies

Residential Density (Floor Space Ratio)

HELP 2012 (clause 4.4):

Max. FSR = 0.6:1

FSR = 0.55:1

Yes

4.3.2.1 Site Planning

i) Minimum street frontage: 15m

ii) Relationships with open space:

iii) Existing landscape:

iv) Solar Access:

· Unshaded northern elevation to the development

· Adjoining properties must be capable of receiving not less than 3 hours of sunshine upon the open space areas of adjoining dwellings between 9am and 3pm on 21 June

v) Privacy and views: Site planning must take into account any adverse privacy impacts on neighbouring properties

20.11m

Positive relationship with open space, good amenity provided

Three (3) trees to be retained

Compliant levels of solar access achieved to proposed dwellings within subject site and to adjoining dwellings

No adverse privacy impacts, proposed windows sufficiently offset

Yes

4.3.2.2 Streetscape

Must not diminish the quality of the streetscape

Proposal is considered to positively contribute to the streetscape

Yes

4.3.2.3 & 4.2.3.4 Building Form & Style and Height

Building Envelope:

· 45 degrees from a height of 3.5m (two storey dwellings)

· 45 degrees from a height of 1.5m (single storey dwellings)

Maximum building heights:

· - Max. 9m (front)

· - Max. 6m (rear)

Maximum excavation:

0.5m

Recommended max. roof pitch: 22° to 35°

Materials and Colours

Walls:

· Articulation on façade by the use of bay windows, verandahs, balconies or wall offsets

· Max. straight length of 6m for walls to street frontage

Storeys:

· Max. 2 storeys for front dwellings

· Max. 1 storey for the rear most dwelling

Minor variation to building envelope along northern side elevation of unit 1

Proposal within building envelope

7.6m

4.87m

Not proposed

Within acceptable range

Acceptable

Verandahs, balconies or wall offsets

2 storeys (Unit 1 and 2)

1 storey (Units 3 – 5)

No (1)

Yes

4.3.2.5 Building Setbacks

Front Setback

Side Setbacks

Rear Setback

Min. 4.5m to front wall of dwelling

Min. 2m (front site)

Min. 1.35m (rear site)

Building Envelope:

45 degrees from a height of 1.5m (single storey dwellings)

5.5m

1.35m

Compliant with building envelope

Yes

4.3.2.6 Car Parking and Access

3 bedrooms or more:

2 spaces = 2 dwellings

1 or 2 bedroom – 1 space (2 units) = 3 dwellings

Visitor parking -

4 dwellings or more:

1 space per 4 dwellings or part thereof = 2 spaces

Driveway:

· Min. 1.5m setback from windows to main habitable rooms of dwellings (does not apply if the floor level of the dwelling is at least 1m above the driveway)

· Site width > 20m: Driveways must not occupy more than 33% of the width of the site

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

4 spaces provided (Units 1 and 2 one car space each forward of the building line)

3 spaces provided

2 spaces

1.5m

Driveway width 20.11m

(39.7%)

Garages at front wall with porches and first floor balcony articulation

No (2)

Yes

No (3)

Yes

4.3.2.7 Privacy

Visual privacy:

· Habitable room windows to be offset 1m from the edge of the opposite window, or

· Be screened or oriented to ensure the visual privacy

Acoustic privacy:

Min. 3m separation for windows (development site and adjoining properties)

Site layout:

Active recreational areas, parking areas, vehicle accessways and service equipment areas must be separate from bedroom areas of adjoining dwellings

Sufficiently offset

Adequate layout

Yes

4.3.2.8 Solar Design and Energy Efficiency

Comply with Section 3.5 Energy Efficiency and BASIX

Minimise overshadowing of neighbouring private open spaces or windows to habitable rooms

Adequate sunlight for rooms generally used during the daytime

North facing rooms receive maximum solar access (in multiple dwelling development, the dwellings are encouraged to have a north-facing room capable of being used as a living area)

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

Compliant BASIX certificate

Overshadowing minimised

Adequate sunlight provided due to design and orientation of rooms

Key habitable rooms for most units are north facing

Adequate solar access achieved to subject site and adjoining properties

Yes

4.3.2.9 Fences at the Front Boundary

Principal private open space of any new dwelling must be located behind the front building line

No private open space forward of building line

Yes

4.3.2.10 Landscape

Site = 1,227sqm

Landscaped area:

Min. 20% (245.4sqm)/min. width of 2m

Landscaping in front of buildings (front setback area) shall provide a suitable visual screen or softening function for the development

20%

Adequate landscaping provided

Yes

4.3.2.11 Private Open Space

3 bedrooms or more:

· Min. 60sqm

· 3m in all directions

1 or 2 bedrooms:

· Min. 50sqm

· 3m in all directions

Principal private open space

3 bedrooms or more:

4m x 6m, max. grade of 1 in 20 and must be accessible from main living area

1 or 2 bedrooms:

4m x 4m, max. grade of 1 in 20 and must be accessible from main living area

60sqm min (Units 1 and 2)

3m min

50sqm min (Units 3-5)

3m min

Acceptable grade and accessible from main living area

As above

Yes

4.3.2.12 Site Services

Master TV antenna must be provided for any development of more than two dwellings

Storage:

6cubic metres per dwelling

Communal outdoor clothes drying facilities:

To be visually screened from the street

Can be provided

Provided within units

Can be provided

Yes

4.3.2.13 Stormwater Drainage

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

Drainage to Johnson Street via drainage

Yes

Stormwater Assessment
Existing Stormwater System	Gravity to street
Proposed stormwater system	Gravity to street
Stormwater objectives	Consistent with objectives
Slope to rear (measured from centreline of site)	No
Gravity to street (from property boundary to street kerb)	Yes
Discharge to same catchment?	Yes
Easement required	No

(1) Building form and style and height

Council’s controls prescribe a maximum building envelope control. The proposal seeks a minor variation to the building envelope control of the Unit 1 first floor external wall. The applicant has provided the following justification as follows:

Extract of Planning control

“A building envelope has been prescribed in which planes are projected from a height of 3.5m for a two storey portion of the site and 1.5m for the single storey portion, above natural ground level at the side and rear boundaries to a maximum height of 9m at the front of sites.....”

Planning justification

In Unit 1 of our proposal for multi dwellings, there is a minor encroachment of about 580mm, measured at 3.5m at boundary and at 45 degrees.

We feel this minor variation does not affect the objectives of the control in ensuring the compatible bulk and scale as –

1) The proposed development complies with the height (9m), setbacks and landscaped area controls of the DCP and will not result in any in significant adverse impacts upon the amenity of the adjoining dwellings in terms of overshadowing, loss of privacy or views.

2) The proposal will provide a good quality contemporary residential development that is sympathetic to the existing and desirable future character of the locality and will contribute to the mixture of building styles and sizes in the area.

3) The proposal is consistent with the broader objectives of the LEP, that it will not create adverse traffic impacts and will provide an appropriately scaled dwelling that is consistent with the existing surrounding built form.

In addition to the above the variation is supported for the following;

· The extent of the variation is considered to be minor in nature and does not result in any unacceptable amenity impacts. The extent of the proposed variation comprises of the external northern side wall (of which no windows are located) and roof element over a length of 14.5m.

· The proposal primarily presents to the street as a dual occupancy development and presents as an appropriately spaced development on site. The proposed development complies other dwelling built form elements for multiple dwellings.

(2) Car parking and access - Car parking

Council’s controls require the provision of two (2) car parking spaces for each dwelling behind the building line. The proposal seeks to provide two (2) car spaces forward of the building line for dwellings (Units 1 and 2) and has provided the following justification;

The DCP specifically states that car parking and garages/carports should not visually dominate the streetscape or detract from the appearance of a development. The proposed tandem parking minimises the frontage required for a double garage, which would otherwise dominate the streetscape or detract from the appearance of a development.

Tandem parking and car parking within the driveway is the standard practice and is widely accepted of developments by most Council’s in Sydney

The development represents the orderly and economic redevelopment of land is consistent with Council’s land use controls and objectives. Johnstone Street is a local street with low volumes of traffic and abundant on-street parking available if required from time to time.

In addition to the above the variation is supported for the following reasons:

· The proposed built form (Units 1 and 2) visually present to the street similar to an attached dual occupancy development. Controls for dual occupancy developments allow for the provision of a car space for each dwelling to be located on the driveway.

· The proposed car parking layout result in lesser traffic impacts than that of a design whereby all dwellings are serviced by a single driveway. This is considered to be a more appropriate and practical design to distribute car parking which in effect function more independently.

· The proposal does not result in any unacceptable traffic impacts as all car parking space amenity is provided on site.

(3) Car parking and access - Driveway width

Council’s controls prescribe a maximum driveway width of 33% across the frontage of the site. The proposal seeks to provide two (2) driveways with a total driveway width of 39.7%. The proposed variation is supported on the following basis;

· The proposal primarily presents as a dual occupancy dwelling when viewed from the street with a one (1) driveway servicing front dwellings (Units 1 and 2) and another driveway servicing (Units 3, 4 and 5) at the rear. No adverse character or visual impacts are generated by this proposed variation.

· The proposed driveway layout allows for the possibility of two (2) cars to park in front of the site. The variation is not considered to result in any unreasonable on street car parking impacts.

· The subject site contains a frontage of 20.11m. It is noted that Council’s controls for multiple dwelling sites under 20m allow for a maximum driveway width of 40%. Given, that the subject site is 110mm over 20m, the impact of the variation is considered minor and of no adverse impact as the intent of the objectives are satisfied.

4. Impacts

Natural Environment

The proposal does not result in any adverse impacts to the natural environment.

Built Environment

The proposal does not result in any adverse impacts to the built environment.

Social Impact

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

Economic Impact

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

Suitability of the Site

The proposed development is considered suitable for the subject site for the reasons contained within the report.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

The subject application was notified and renotified to forty seven (47) adjoining residents and owner for fourteen (14) days in which to view the plans and submit any comments on the proposal. Four (4) submissions were received raising the following concerns.

Trees and loss of wildlife

Concerns were raised regarding the protection of trees.

Comment: Council’s Senior Tree Management Officer has supported the removal of one (1) tree and retention of three (3) trees on site. This is subject to two (2) tree replacement plantings. The proposal is not considered to result in any unacceptable impacts to wildlife.

Street parking

Concerns were raised regarding car parking impacts.

Comment: As previously discussed the proposal seeks to provide all required car parking spaces on site. Two (2) on site visitor car parking spaces are also proposed in accordance with Council’s requirements. In this regard, the proposal is not considered to result in any unacceptable car parking impacts given the medium density residential nature of the development.

Privacy impacts

Concerns were raised regarding privacy impacts.

Comment: The proposal does not result in any unacceptable privacy impacts as the high habitable use rooms are located on the ground floor. The first floor windows within the development comprise of bedrooms and bathrooms which are of a low habitable use.

Bulk and scale, overdevelopment

Concerns were raised that the proposal resulted in adverse bulk, scale and overdevelopment issues. It was suggested that the development be limited to two storeys fronting the street.

Comment: The proposal forms multiple dwellings which is a permissible use of the site. The proposal is considered to satisfy the objectives of the planning controls and results in an appropriate development. Under the applicable planning controls at the time of lodgement, it is permissible for the development to extent up to two (2) storeys with the last villa being a single storey. The proposal has been designed to substantially comply with the planning controls.

Council Referrals

Team Leader Subdivision and Development

Council’s Team Leader Subdivision and Development supports the proposal subject to conditions of consent.

Senior Tree Management Officer

Council’s Senior Tree Management Officer supports the proposal subject to conditions of consent.

6. CONCLUSION

The proposal have been assessed under Section 79C Matters for Consideration under the Environmental Planning and Assessment Act 1979 (as amended) and considered to adequately satisfy the intent of the applicable planning controls as detailed within this report. Four (4) submissions were received in relation to the proposal. These submissions have been discussed and addressed in the report.

The bulk and scale of the development complies with Council’s current controls and the proposal is considered to be consistent with the future desired character of the area, as the proposal satisfies the objectives of Council’s planning controls.

DETERMINATION

THAT pursuant to Section 80(1) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants Development Consent to Development Application DA2014/0129 for the demolition of existing structures and construction for five multiple dwellings and strata subdivision on Lot 1 in DP 393994 and known as 48 Johnstone Street, Peakhurst, subject to the following:

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

Reference No.	Date	Description	Revision	Prepared by
18/2013	7 Oct 14	Site Plan	C	Plans For You
18/2013	7 Oct 14	Floor Plans	C	Plans For You
18/2013	7 Oct 14	Elevations	C	Plans For You
0780.L01-02	4 Nov 14	Landscape Plan	B	Greenland Design
18/2013	7 Oct 14	Subdivision Plan	C	Plans For You
-	-	Schedule of Colours and Finishes	-	Plans For You
-	19 May 14	Arborist Report	-	Horticultural Management Services

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	$2,055.00	27 Feb 14	2014253
Plan First Fee	X	$704.00	27 Feb 14	2014253
Notification Fee	X	$226.00	27 Feb 14	2014253
DA Advertising Fee	X	$1,105.00	27 Feb 14	2014253
Long Service Levy		$3,850.00
Builders Damage Deposit		$1,500.00
Inspection Fee for Refund of Damage Deposit		$135.00
S94 Residential (Community Facilities)		$7,734.99
S94 Residential (Open Space, Recreation, Public Domain)		$54,690.15

The following fees apply when you submit an application to Council for the Subdivision Certificate.

Subdivision Application Fee		$655.00
Subdivision Certificate Fee		$810.00
S88B Checking Fee		$292.00

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		$2,237.50
Construction Certificate Application Fee		$2,237.50
Construction Certificate Imaging Fee		$229.00

3. GEN1003 - Section 94 Contributions - Residential Development (Community Facilities and Open Space, Recreation, Public Domain)

a. Amount of Contribution

Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 (as amended) and Hurstville Section 94 Development Contributions Plan 2012 the following contributions towards the cost of providing facilities shall be paid to Council:

Contribution Category Amount

Community Facilities $7,734.99

Open Space, Recreation and Public Domain Facilities $54,690.15

Total: $62,425.14

This condition and contribution is imposed to ensure that the development makes adequate provision for the demand it generates for public amenities and public services within the area.

b. Indexing

The above contributions will be adjusted at the time of payment to reflect changes in the Consumer Price Index (All Groups Index) for Sydney, in accordance with the provisions of the Hurstville Section 94 Development Contributions Plan 2012.

c. Timing and Method of Payment

The contribution must be paid prior to the release of a Construction Certificate as specified in the development consent

Please contact Council prior to payment to determine whether the contribution amounts have been indexed from that indicated above in this consent and the form of payment that will be accepted by Council.

Contributions must be receipted by Council before a Construction Certificate is issued.

A copy of the Hurstville Section 94 Development Contributions Plan 2012 may be inspected or a copy purchased at Council’s offices (Civic Centre, MacMahon Street, Hurstville) or viewed on Council’s website www.hurstville.nsw.gov.au/Strategic-Planning.html.

4. 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.

5. GEN1016 - Damage Deposit - Major 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.

(i) review the dilapidation report prepared prior to the commencement works;

(ii) review the dilapidation report prepared after the completion of works;

(iii) Review the Works-As-Executed Drawings (if applicable); and

(iv) inspect the public works.

The damage deposit will be refunded in full upon completion of work where no damage occurs and where Council is satisfied with the completion of works. Alternatively, the damage deposit will be forfeited or partly refunded based on the damage incurred.

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

(e) 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

6. 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.

The relevant Application Forms for these activities can be downloaded from Hurstville City Council’s website at: www.hurstville.nsw.gov.au/Forms

For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

7. APR6003 - Engineering - Vehicular Crossing - Major Development - The following vehicular crossing and road frontage works will be required to facilitate access to and from the proposed development site:

(a) Construct a 1.50 metre wide x 80mm thick concrete path for the full length of the frontage of the site in Johnstone Street in accordance with Council’s Specifications for footpaths.

(b) Construct two 150mm thick concrete vehicular crossing reinforced with F72 fabric in accordance with Council’s Specifications for vehicular crossings.

(c) Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work shall be carried out by a private contractor, subject to Council approval.

Constructing a vehicular crossing and/or footpath requires separate approval under Section 138 of the Roads Act 1993, prior to the issue of the Construction Certificate.

To apply for approval:

(a) Complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Council’s Website at www.hurstville.nsw.gov.au/Forms

(b) In the Application Form, quote the Development Consent No. (eg. 2012/DA-****) and reference this condition number (e.g. Condition 23)

(c) 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.

8. 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

9. GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Plumbing, Building and Developing section of Sydney Water’s website to locate a Water Servicing Coordinator in your area. Visit: www.sydneywater.com.au

The “Notice of Requirements” must be submitted prior to the commencement of work.

10. GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

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