Agenda of Council Meeting - 4 February 2015

Hurstville City Council – Council Meeting Wednesday, 4 February 2015

CCL472-15 79 Woronora Pde Oatley - Proposed Two Storey Detached Dual Occupancy with Torrens Title subdivision

Applicant	Amin Nasser
Proposal	Demolition of existing structures and construct new two storey detached dual occupancy with Torrens Title subdivision
Owners	Mouemin and Yasser Nasser
Report Author/s	Development Assessment Officer, Mr K Kim
File	DA2014/0921
Previous Reports Referenced	CCL421-14 - 79 Woronora Pde Oatley - Demolition of Existing and Construction of New Two Storey Detached Dual Occupancy with Torrens Title subdivision - Council - 10 Dec 2014 7:00pm
Disclosure of Political Donations or Gifts	No
Zoning	Zone R2 - Low Density Residential
Existing Development	Single storey dwelling house
Cost of Development	$800,000.00
Reason for Referral to Council	Variations to DCP1, submission received, site slopes to rear
Planning Instruments Applicable	Hurstville Local Environmental Plan 2012, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Development Control Plan No 1 - LGA Wide
Hurstville Local Environment Plan Interpretation of Use	Demolition, dual occupancy and subdivision

EXECUTIVE SUMMARY

1. The proposal seeks approval for the demolition of existing structures and construction of a two (2) storey detached dual occupancy and front fence with Torrens Title subdivision on land known as 79 Woronora Parade Oatley.

2. The proposal does not comply with Hurstville Local Environmental Plan 2012 (height and floor space ratio) and fails to satisfy the objectives of Foreshore Scenic Protection Area.

3. The proposal has several variations to the dual occupancy controls of Development Control Plan No 1 – LGA Wide.

4. The subject application was notified to forty (40) resident/owners and one (1) submission was received in relation to this application.

5. The application was deferred at the Council meeting of 19 November 2014 for a site inspection. The inspection was held on 26 November 2014.

6. The application was deferred at the Council meeting of 10 December 2014 for redesign to address planning controls. Accordingly the applicant provided an amended proposal on 23 December 2014 in response.

7. The amended proposal results in variations to Council’s LEP in relation to height and floor space ratio, as well as variations to Council’s DCP specifically in relation to minimum landscaping and maximum external wall height. A written justification for the variation to the building height standard of HLEP 2012 was received and considered as per Clause 4.6 of HLEP 2012. However no Clause 4.6 variation has been provided for the non-compliant FSR.

AUTHOR RECOMMENDATION

THAT the application be refused in accordance with the reasons stated in the report.

REPORT DETAIL

AMENDMENTS

The proposal has been redesigned as follows:

· Unit 1 (north) – This dwelling remains unchanged from the initial proposal, except for a minor reduction in ridge height by 0.05m.

· Unit 2 (south) – The basement garage has now been deleted to form a two (2) storey dwelling with a double garage at the ground floor level, similar to the dwelling proposed for the northern side of the site.

Notably the first floor level of this dwelling now has a uniformly levelled finished floor level, rather than having split-levelled first floor level of the dwelling as initially proposed as well as an increased floor area (by approximately 32sqm) for the first floor level of this dwelling. Due to these changes to Unit 2, the ridge and external wall heights of Unit 2 exceed the maximum allowed and the extent of non-compliance to height of the dwelling has been exacerbated with the amended proposal. This also results in FSR of the proposal being exceeded.

The assessable elements of the planning controls under HLEP 2012 and DCP No 1 are detailed below. Please refer to the previous report to Council, for all other matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended.

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

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

Clause	Standard	Assessment Under HLEP 2012	Complies
Part 2 – Permitted or Prohibited Development	R2 Low Density Zone Objectives of the Zone	The proposal is defined as a dual occupancy housing with subdivision. Dual occupancies and subdivision are permissible in the zone. The proposal fails to achieve the zone objectives due to the likely impact on the natural and built environments of the area as outlined in this report	Yes No
2.7 – Demolition requires Development Consent	The demolition of a building or work may be carried out only with development consent	The proposed demolition can be supported with standard demolition conditions of consent	Yes
4.3 – Height of Buildings	9m as identified on Height of Buildings Map	U1 (north): 8.85m from NGL of RL 38.7 as shown on survey plan U2 (south): 10m from NGL of RL 36.3 as shown on survey plan/uniformly levelled first floor and roof area	Yes No
4.4 – Floor Space Ratio	Site = 1011.7sqm 0.6:1 as identified on Floor Space Ratio Map	Proposed GFA = 619.88sqm (including single garage area) FSR = 0.61:1/increased floor area for the first floor level of Unit 2	No
4.6 – Exception to Development Standards	Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard (Cl 4.6 variation)	The proposal seeks variations to Clause 4.3 – Heights of Buildings and Clause 4.4 – Floor Space Ratio under the Hurstville Local Environmental Plan 2012 whereby the maximum height of a dual occupancy allowed is 9m above the existing ground level and maximum FRP of a dual occupancy is 0.6:1. A Clause 4.6 variation statement has been provided for the non-compliant building height, but not for the non-compliant FSR resulting from the amended proposal.	No (1)
6.4 – Foreshore Scenic Protection Area	Council cannot grant consent to the carrying out of development on land within a Foreshore Scenic Protection Area unless consideration has been made of the following: “(3)(d) contribute to the scenic qualities of the residential areas and the Georges River by maintaining the dominance of landscape over built form.”	The proposal does not provide sufficient landscaped areas as required by Council’s DCP1 and hence the proposal fails to satisfy this objective	No

(1) Clause 4.6 – Exceptions to development standards

The relevant sections of Clause 4.6 of the Hurstville Local Environmental Plan 2012 establish the following.

"4.6 Exceptions to development standards

(1) The objectives of this clause are as follows:

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the development standard.”

The proposal seeks a variation to Clause 4.3 – Height of Buildings under the Hurstville Local Environmental Plan 2012 whereby the maximum building height is 9m. A Clause 4.6 variation has been provided for the proposed building height of 10m for Unit 2 as part of the amendment.

The applicant has provided a Clause 4.6 variation which in relation to the standard assessment has stated the following:

“1. Is the planning control in question a development standard?”

Applicant’s response: The planning control is a development standard under Clause 4.3 of the Hurstville Local Environmental Plan 2012.

Comment: The proposal seeks to vary the development standard under Clause 4.3 of the Hurstville Local Environmental Plan 2012 for the maximum building height. The percentage variation between the proposal and the development standard is 11%.

“2. What is the underlying object or purpose of the standard?”

Applicant’s response: The stated objectives to support the maximum building height standard under Clause 4.3 of the Hurstville Local Environmental Plan 2012 are as follows:

1. (a) To ensure that buildings are compatible with the height, bulk, and scale of the existing and desired future character of the locality;

(b) to mimisise visual impact, disruption of views, loss of privacy and loss of solar access to existing development and to public areas and public domain, including parks, streets, and lanes.

(d) To nominate heights that will provide a transition in built form and land use intensity.

2. The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Building Map.

The proposed detached dual occupancy is located over land that is zoned R2 – Low Density Residential. The R2 residential parcel of land is subject to the height of building map which limits the height of buildings to 9 meters.

The “building height” or “height of building” means the vertical distance between the ground level (existing) and the highest point of the building, including plant and lift overruns, but excluding communication devices. Antennae, satellite dishes, masts, flagpoles, chimneys, flues, and the like.

Identifying and quantifying the non-compliance HLEP 2012 stipulates a maximum height of 9m for the site. The non-compliance is restricted to a portion of the roof of unit 2 640mm or around 7.1% above the height limit.

(b) The proposed variation is minor in nature with the majority of the building being compliant with the building height control and the variation is predominantly due to the undulation of the site of unit 2 hence no height issues for unit 1. Due to the minor nature the variation will be visually unnoticeable as viewed from the public domain or any other significant elevation.

c) The site is large and the impacts arising from overshadowing, visual impact and loss of privacy are manageable within the site, and have no significant impact on adjoining properties or open space areas.

d) The proposal has no impact on heritage or other views;

d) The proposal provides an appropriate building form that is consistent with the desired future character of the locality and is reflective of the objectives for the zone and locality generally.

The subject site compliments and enhances the existing and future character of development within the locality. The proposed development is within close proximity to shops and units which neighbour it on the northern side Mulga Road.

It is also noted that Clause 5.6 of Hurstville LEP allows buildings with architectural roof features to breach the numerical height control in clause 4.3 providing they contribute to the aesthetic and environmental design and performance of the building as well as integrate the design of the roof into the overall façade, building composition and desired contextual response.

It is considered the development has been carefully designed taking into consideration the undulation slope of unit 2 by providing a split level on the ground floor. The first floor has been carefully designed to reduce the overall mass and scaling of the building and provide a desirable contextual response to this residential development.

Comment: The proposal is not considered to be consistent with the above objectives on the following basis:

* The subject site is located within a transitional area between residential and neighbourhood centre zones, however the same maximum building height of 9m (labelled as ‘J’ on the HLEP 2012 height map) applies to these two (2) separate land uses. As such the proposal is not considered to be compatible with the height of the existing and desired future character of the locality.

* The amended proposal has a uniform finished floor level for the first floor and has increase the building height from the original proposal. Due to the increased amenity impact resulting from the increased building height, the amended proposal fails to achieve the objectives of building height standard of HLEP 2012.

“3. Is compliance with the development standard consistent with the aims of the Policy (clause 4.6(1) of the Hurstville Local Environmental Plan 2012), and in particular, does compliance with the development standard tend to hinder the attainment of the objects specified in Section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act 1979?”

Applicant’s response: The proposal promotes the economic use and development of the land consistent with its zone and purpose. The Council is requested to invoke its powers under Clause 4.6 to permit the variation proposed to the maximum height control.

Comment: The proposal is likely to set an undesirable precedent in the area, and have accumulative effects on future applications for this type of development. Hence the proposal would not be compatible with the future character of the area and discourages the promotion and coordination of the orderly and economic use and development of the site.

“4. Is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?”

Applicant’s response: the objective of the standard is to ensure that the height of development is compatible with adjoining development and overall streetscape.

The objective of the standard is to minimise overshadowing, visual impact, impact on amenity and privacy on adjoining residents and open space areas.

The subject site at 79 Woronora Parade, Oatley is surrounded by a variety of single, to two storey dwelling houses of varying ages. Its immediate neighbor to the north is a commercial residential apartment complex which is a three storey high complex facing Mulga Road and backing onto 79 Woronora Road, Oatley.

The new development has been designed to be compatible with adjoining development in terms of height, scale massing and streetscape compatibility. The height, scale and bulk are consistent with the existing and desired future character of the area;

The additional height above the numerical control of 9 meters is roof space and will not have any significant impact on adjoining properties in regards to overshadowing or loss of privacy.

The height of the development is appropriate and is generally compatible with the existing area. The existing building is not the highest building in the area. At the same time, the street frontage height is maintained.

The non-compliance is relatively minor, for a roofed element and arises from adopting a roof form and shape which responds to the contour levels of the site. A complying height limit may lead to a worse outcome in terms of the desired character of the area, with no real corresponding benefit. A complying flat roof, with a lower ceiling height would not benefit the area or the amenity afforded to future residents;

It is also considered these results in the proposal achieving a better outcome than lowering the ground floor ceiling/roof to comply.

The non-compliance also needs to be considered together with the design and proposal. In this case, the proposal maintains the street wall height, incorporates an upper level setback and adopts an interesting roof form.

In view of the above, it is considered that the objectives of the development standard have been met in this case.

Comment: The proposal is not considered to be site/contextual responsive and is not consistent with the zone and objectives of the development standard. Furthermore additional material planning impacts are generated by this variation.

Therefore strict compliance with the maximum building height is considered to be both reasonable and necessary for the amended proposal.

“5. Is the objection well founded?”

Comment: The Clause 4.6 variation is not considered to be well founded, and compliance with the development standard is reasonable in the circumstances of the proposal for the reasons stated in this report.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 4.2 DUAL OCCUPANCY HOUSING

Dual Occupancy

Requirements

Initial proposal

Amended proposal (23 Dec 14)

Complies

4.2.3 – Design Solutions and Controls

- Option No. 7

2 storey detached side by side

1 x 2 storey and 1 x 3 storey dwellings

2 x 2 storey dwellings

Yes

4.2.2.4 Height

Max. building height: 9m

(the vertical distance between the existing round level and the highest point of the building)

U1 (north): 8.9m

U2 (south): 9.64m/split levelled first floor and roof areas

U1 (north): 8.85m from NGL of RL 38.7 as shown on survey plan

U2 (south): 10m from NGL of RL 36.3 as shown on survey plan/uniformly levelled first floor and roof area

Yes

No (1)

Excavation

600mm

Max. 1.3m

Max. 0.6m

Yes

Wall Height

6.8m for two storey

(measured from any point of the ceiling of the uppermost floor of the building, to the ground level immediately below that point)

U1 (south east corner): 7.86m

U2 (south east corner): 8.9m/split levelled first floor and roof areas

U1 (south east corner): 7.86m from NGL of RL 38.1 as shown on survey plan

U2 (south east corner): 9.2m from NGL of RL 35.5 as shown on survey plan/ uniformly levelled first floor and roof area

No (2)

Floor to ceiling heights

2.7m – 3.6m

U1 (north): 2.7m – 3.27m

U2 (south): 2.7m – 3.02m

U1 (north): 2.7m – 3.27m

U2 (south): 2.7m – 3.21m

Yes

Maximum storeys

U1 (north): 2 storeys

U2 (south): 3 storeys

U1 (north): 2 storeys

U2 (south): 2 storeys

Yes

4.2.3.5 Front Setbacks

5.5m

U1 (north): 6.5m

U2 (south): 10.05m

U1 (north): 6.5m

U2 (south): 6.5m

Yes

Side (FSPA)

1.2m for 2 storey

1.5m for first floor level for dwellings in FSPA

1.5m (first floor level) internal side setbacks for dual occupancies in FSPA

U1 (north): 1.2m

U2 (south): 1.2m

U1 (north): 1.5m

U2 (south): 1.2m for lounge and office at first floor level – 1.5m (second floor)/can be conditioned to comply

U1 (north): 1.5m to newly created boundary

U2 (south): 1.5m to newly created boundary

U1 (north): 1.2m

U2 (south): 1.2m

U1 (north): 1.5m

U2 (south): 1.5m

U1 (north): 1.5m to newly created boundary

U2 (south): 1.5m to newly created boundary

Yes

Eaves

450mm non-combustible

600mm (as shown on BASIX certificates)/can be conditioned to comply

Yes

Rear

7m ground floor

9m first floor

U1 (north): 13.72m

U2 (south): 15.265m

U1 (north): 20.75m

U2 (south): 20.73m

U1 (north): 13.72m

U2 (south): 13.72m

U1 (north): 20.75m

U2 (south): 20.75m

Yes

4.2.4 Floor Space Ratio

As per Hurstville LEP 2012

0.6:1

0.58:1

0.61:1 - increased floor area for the first floor level of Unit 2

No (3)

4.2.5.1 Presentation to the street

Windows to street

Each dwelling may not be mirror-reverse

Two elements of street façade of:

Entry feature/window feature/balcony or window box treatment (first floor)/recess or projection/open verandahs/bay windows/ Pergola or similar features above garage doors

Entrance clearly visible from street

Garage recess 0.3m

Maximum recommended roof pitch 35°

Windows face street

Not mirror image/variations by a mix of wall offsets and architectural features (type of windows and garages, location of pitched roof, variable heights for balustrades and variable depths of first floor balconies to front)

Entry features, wall offsets, balconies and front porch used

Entrances face street/direct pathways from the street

U1 (north): No recess/forward of the front wall

U2 (south): recessed a min. 0.9m

Approximately 19 degrees

Windows face street

Not mirror image - variations by a mix of wall offsets and architectural features (type of windows and garages, location of pitched roof, variable heights for balustrades and variable depths of first floor balconies to front)

Entry features, wall offsets, balconies and front porch used

Entrances face street/direct pathways from the street

U1 (north): No recess/forward of the front wall

U2 (south): No recess/forward of the front wall

Approximately 19 degrees

Yes

No (4)

Yes

4.2.5.5 Views

Windows to provide views of private open space and approaches to dwelling

Minimise view loss to surrounding properties

Flat rooves may be used to protect views

Windows to habitable rooms provide views to private open space and approaches to dwelling

Privacy screening can be provided for the raised verandahs / bbq areas to rear, if approved

Windows to habitable rooms provide views to private open space and approaches to dwelling

Privacy screening can be provided for the raised verandahs / bbq areas to rear, if approved

Yes

4.2.6 Landscaped Area

Private Open Space

Driveway and pathway the only paving permitted in the front yard

25% of site to be landscaped in FSPA (252.92sqm)

2m minimum width

Minimum dimensions 4m x 5m

Accessible from living area

Yes

222.42sqm (22%)

2m min width

More than 4m x 5m for each dwelling

Accessible

Yes

222.65sqm (22%)

2m min width

More than 4m x 5m for each dwelling

Accessible

Yes

No (5)

Yes

4.2.7 Vehicular Access and parking

1 garage and 1 driveway space per dwelling

Garage setback 5.5m and recessed a minimum 300mm into façade

Driveway width 3m minimum

Driveways setback from side boundary by 1.5m minimum

Double garage for each dwelling/single garage area is included in the FSR calculations

U1 (north): No recess/forward of the front wall

U2 (south): recessed a min. 0.9m

Driveway width of 4m each

1.5m

Double garage for each dwelling/single garage area is included in the FSR calculations

U1 (north): No recess/forward of the front wall

U2 (south): No recess/forward of the front wall

Driveway width of 4m each

Min. 1.5m

Yes

No (4)

Yes

4.2.8 Cut and Fill

Cut/fill maximum 600mm

Fill only within building footprint

Proposed cut: Max. 1.3m (U2)

Proposed fill: Max. height is 1.6m (U1)

Fill is contained within the building footprint

Proposed cut: Max. 0.6m (U1)

Proposed fill: Max. height is 2.1m (U2)

Fill is contained within the building footprint

No (6)

4.2.9 Visual Privacy and Acoustic Amenity

Balconies and main windows directed towards front and rear

Windows of habitable rooms to be offset by 1m from the window of the neighbouring dwelling or screened or provided with 1.5m bottom sill heights

Yes

Can be conditioned to comply

Yes

Can be conditioned to comply

Yes

4.2.10 Solar Design, Water and Energy Efficiency

Must comply with BASIX

Cross ventilation to be provided

All rooms to have a window

Shadow diagrams for 2 storey proposals

3 hours solar access during midwinter solstice to be provided to subject and neighbouring dwellings

Complies

As per BASIX

Shadow diagrams provided

Yes, however the proposed dwelling (U2) overshadows the windows of the southern neighbour throughout the day

Complies

As per BASIX

Shadow diagrams provided

Yes, however the proposed dwelling (U2) overshadows the windows of the southern neighbour throughout the day. This has been exacerbated by the non-compliant building heights of the southern dwelling (U2)

Yes

In summary, the non-compliances to Development Control Plan No 1 - LGA Wide - Section 4.2 Dual Occupancy Housing as shown in the table above, mainly occur as a result of the increased floor area and building heights of the southern dwelling (U2), filling involved with the amended proposal and deficient landscaping for the subject site. Whilst it is acknowledged that the amended proposal complies with the maximum number of storeys allowed for dual occupancies, it fails to address and achieve compliance with a number of planning controls as requested at the Council meeting of 10 December 2014. For this reason the recommendation of the previous report to Council remains unchanged with the following amended reasons for the recommendation:

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 does not comply with the relevant environmental planning instruments in terms of the following:

a) Zone objectives of R2 - Low Density Residential Zone, Hurstville Local Environmental Plan 2012

b) Clause 4.3 – Height of Buildings, Hurstville Local Environmental Plan 2012

c) Clause 4.4 – Floor Space Ratio, Hurstville Local Environmental Plan 2012

d) Clause 4.6 – Exception to Development Standards, Hurstville Local Environmental Plan 2012

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 4.2.2.4 – Heights

b) Section 4.2.4 – Floor Space Ratio

c) Section 4.2.8 – Fill

d) Section 4.2.5.1 and 4.2.7 – Garage setback

e) Section 4.2.6 – Landscaped area

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 following aspects of the environment:

a) Built environment and amenity impacts – Due to the nature and extent of non-compliances with the built form controls outlined in Section 4.2 Dual Occupancy Housing of Development Control Plan No 1 - LGA Wide.

b) Social impact – There is no positive social benefit to the community generated by the development

c) Economic impact - There is no positive economic benefit to the community generated by the development

4. 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 and is likely to set an undesirable precedent.

For the previous report to Council, please see CCL421-14.

For video relating to 79 Woronora Pde Oatley click here.

APPENDICES

Appendix View1	Location Map - 79 Woronora Pde Oatley
Appendix View2	Site Photo - Front - 79 Woronora Pde Oatley
Appendix View3	Site Photo - Right - 79 Woronora Pde Oatley
Appendix View4	Site Photo - Left - 79 Woronora Pde Oatley
Appendix View5	Revised Elevations - 79 Woronora Pde Oatley
Appendix View6	Elevation Plan - 79 Woronora Pde Oatley
Appendix View7	Revised Landscape and Material Plan - 79 Woronora Pde Oatley
Appendix View8	Landscape Plan - 79 Woronora Pde Oatley
Appendix View9	Revised Site Roof Plan - 79 Woronora Pde Oatley
Appendix View10	Site Roof Plan - 79 Woronora Pde Oatley

Hurstville City Council – Council Meeting Wednesday, 4 February 2015

CCL473-15 5 - 7 Richards Ave Peakhurst - Proposed Residential Flat Building with Basement Parking

Applicant	Cronulla Street Developments
Proposal	Demolition of existing structures and construction of three/four storey residential flat building with basement parking
Owners	Cronulla Street Developments
Report Author/s	Development Assessment Officer, Mr M Raymundo
File	DA2014/0118
Previous Reports Referenced	No
Disclosure of Political Donations or Gifts	No
Zoning	Zone R3 – Medium Density Residential
Existing Development	Dwelling House
Cost of Development	$4,800,000.00
Reason for Referral to Council	Minor variation to SEPP 65 and DCP1
Planning Instruments Applicable	Hurstville Local Environmental Plan 2012, State Environmental Planning Policy 65 – Design of Residential Flat Buildings, 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, Residential Flat Building

EXECUTIVE SUMMARY

1. The proposal seeks development consent for the demolition of existing structures and construction of three (3)/four (4) storey residential flat building with basement parking on land known as 5-7 Richards Avenue, Peakhurst.

2. The proposal seeks minor variations to State Environmental Planning Policy No 65 and Development Control Plan No 1. The proposal has been considered on its merits and is supported as the underlying objectives of the controls have been satisfied.

3. The proposal was notified in accordance with Council’s controls to adjoining thirty (30) owners/occupiers. In response, one (1) objection was received.

AUTHOR RECOMMENDATION

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

REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The proposal seeks development consent for demolition of existing structures and construction of three (3)/four (4) storey residential flat building with basement parking on land known as 5-7 Richards Avenue, Peakhurst. It is noted that Strata Subdivision was not sought.

The proposal as originally submitted 20 February 2014 comprised of the following;

· Demolition of existing dwellings and associated structures,

· Construction of three storey residential flat building comprising of ten (10) x three (3) bedroom units and fourteen (14) x two (2) bedroom units and basement level accommodating thirty nine (39) car spaces,

· Communal rooftop terrace area,

· Entry along eastern side boundary,

· Driveway along north west front corner,

· Removal of eight (8) trees on site and one (1) tree on the Council reserve,

· Protection of one (1) tree on Council reserve and three (3) trees on adjoining rear property,

· Associated landscaping works,

· Pitched gable roof.

Amended proposal 19 August 2014

· Unit composition changed to sixteen (16) x two (2) bedrooms and eight (8) x three (3) bedroom units,

· Reduction of car spaces to thirty eight (38),

· Entry relocated to centre of northern front façade,

· Redesign of communal rooftop terrace area,

· Minor external design changes,

· Minor changes to unit configuration,

· Minor changes to basement level configuration,

· Change from pitch roof to flat roof,

· Garbage storage area,

· Front entry awning feature.

Additional information 29 October 2014

· Additional justification,

· Amended floor plan of accessible units,

· Additional shadow diagrams,

· Schedule of Finishes,

· Amended Landscape Plan,

· External Finishes.

Additional information 27 January 2015

· Revised BASIX Certificate

It is noted that the amended proposal was not renotified as this did not generate a greater impact than the original design.

HISTORY

20 Feb 14 Application lodged for demolition of existing structures and construction of three (3)/four (4) storey residential flat building with basement parking

14 – 28 Mar 14 Notification Period

1 May 14 St George Design Review Panel

16 May 14 Stop the Clock Letter to applicant requesting additional information

12 Aug 14 Additional information received

1 Oct 14 St George Design Review Panel – resubmit

20 Oct 14 Meeting held with applicant to address concerns raised by Design Review Panel

29 Oct 14 Additional information received

23 Jan 15 Stop the Clock – revised BASIX Certificate

27 Jan 15 Revised BASIX Certificate received

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is legally described as lots 44 and 45 in DP 36368 and is known as 5-7 Richards Avenue, Peakhurst. The site forms an irregular hatchet shaped allotment and is dimensioned as follows; 32.92m along the front northern boundary, 46.12m along the eastern side boundary, 21.42m and 21.28m along the rear northern boundary, 46.92m along the western side boundary with a total site area of 1815.6sqm. The site slopes from rear to front with a fall of approximately 2m. Two dwellings and associated structures are located on site and nine trees are located on site. It is noted that a FSR of 1.2:1 is permitted on this site.

The surrounding area is characterised as low density housing comprising of prominently dwelling houses and a dual occupancy to the east. It is noted that Richards Avenue is zoned Residential R3 and residential flat buildings are permissible. Adjoining rear properties are zoned R2 – Low Density Residential. Two trees are located on the Council reserve.

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	Yes
1.4 - Definitions	“Residential Flat building”	Defined as” Residential Flat Building”	Yes
2.3 - Zone objectives and Land Use Table	Meets objectives of R3 Zone Development must be permissible with consent	Proposal meets objectives and is permissible in zone Development consent sought as part of application	Yes Yes
2.7 - Demolition	Demolition is permissible with consent	Demolition sought for existing dwelling and structures	Yes
4.3 – Height of Buildings	12m as identified on Height of Buildings Map	11.4m (maximum) at lift overrun at centre of site	Yes
4.4 – Floor Space Ratio	1.2:1 as identified on Floor Space Ratio Map (2178.72sqm max)	1.19:1 2,172.25sqm	Yes
5.9 – Preservation of Trees or Vegetation 5.9AA-	Trees to be removed are specified in DCP1 Other trees or vegetation not specified	Arborist report provided, Eight (8) trees on site to be removed, three (3) adjoining trees on rear properties to be retained and protected. One (1) tree to be removed and one tree to be retained within - supported by Council’s Senior Tree Management Officer No concerns raised regarding vegetation or other trees.	Yes Yes
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	Appropriate services provided, stormwater drainage provided subject to conditions of consent. Adequate services provided Stormwater to drain to Richards Avenue at front of site. Appropriate on site water conservation and rain water tanks proposed Vehicular access granted via Richards Avenue	Yes Yes Yes Yes

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

STATE ENVIRONMENTAL PLANNING POLICY NO 65 – DESIGN QUALITY OF RESIDENTIAL FLAT DEVELOPMENT

The extent to which the proposed development complies with the controls and principles in the State Environmental Planning Policy 65 – Design Quality of Residential Flat development is detailed and discussed in the tables below.

Application of SEPP 65

Clause	Standard	Proposal	Complies
3 - Definitions	Complies with definition of “Residential Flat Building” (RFB)	Complies with definition	Yes
4 - Application of Policy	Development involves the erection of a new RFB, substantial redevelopment or refurbishment of a RFB or conversion of an existing building into a RFB	Proposal seeks erection of new residential flat building	Yes
30 – Development Applications	Design verification statement provided by Qualified designer Registered Architect Name Registration No.	Design Verification Statement provided Mr Greg Nelson 4789 – registered and practicing	Yes Yes Yes

Part 2 Design Quality Principles under the SEPP

Clause	Standard	Proposal	Complies
1 – Context	Good design responds and contributes to its context (e.g. natural and built features of an area)	Proposal is considered to be appropriate for the context and topography of site give the rear to front slope. The proposal is considered to be spatially appropriate.	Yes
2 – Scale	Good design provides an appropriate scale in terms of the built and height that suits the scale of the street and surrounding buildings	Appropriate scale as proposal follows sloping topography of site which falls from rear to front.	Yes
3 – Built form	Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements.	Appropriate built form with articulation and modulation which is considered to add visual interest and does not result in any unreasonable adverse building bulk given the site shape, slope and orientation	Yes
4 - Density	Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents).	Appropriate density provided on site which results in good amenity. The proposal is 1.19:1 FSR which is below the maximum floor space area permitted.	Yes
5 – Resource, energy and water efficiency	Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction.	Valid BASIX certificate provided which meets targets.	Yes
6 - Landscape	Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain.	Appropriate landscaping provided on site which allows for good deep soil dimensions on site. Deep soil provided within the setbacks which allow good opportunities for large tree planting to complement the development built form.	Yes
7 - Amenity	Good design provides amenity through the physical, spatial and environmental quality of a development.	Appropriate amenity provided for users of site. Good direct access and well orientated units given the orientation and shape of the site.	Yes
8 – Safety and Security	Good design optimises safety and security, both internal to the development and for the public domain.	Appropriate safety and security with good opportunities for passive natural surveillance.	Yes
9 –Social dimensions and housing affordability	Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities.	Adaptable units provided with mixture of unit types. Mixture of 2 and 3 bedroom units provided	Yes
10 - Aesthetics	Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development.	Appropriate use of materials and contemporary finishes to form aesthetically pleasing design.	Yes

Clause 30 – Consideration of Residential Flat Design Code Design Controls

The proposal has been considered with the ‘rules of thumb’ guidelines as per below.

Clause	Standard	Proposal	Complies
Building Height	Ensure future development responds to desired future scale and character of street and local area	Proposal is considered to form part of desired future character	Yes
Building Depth	Maximum 18m (glass line to glass line). For wider buildings must demonstrate how satisfactory daylight and natural ventilation are achieved	Range: 8.2m – 26.2m Sufficient solar access and ventilation achieved with and lift core and access centrally located within building	Yes
Building Separation	3 to 4 storeys/12m: · 12m between habitable rooms/balconies to habitable rooms/balconies · -9m between habitable rooms/balconies to non-habitable rooms · -6m between non habitable rooms to non- habitable rooms	5.8m eastern boundary min, proposal adjoins dwelling house (generally 6m to shared common boundaries) As above As above	No (1), however acceptable No (1), however acceptable No (1), however acceptable
Street setbacks	Use different setback controls to differentiate between urban and suburban character areas. 5m -9m range is typical in suburban areas	5.8m at front setback	Yes, conditioned to 6m
Side and rear setbacks	Relate side setbacks to existing streetscape patterns.	The proposal complies with the building envelope.	Yes
Floor Space Ratio (FSR)	To ensure that the development is in keeping with the optimum capacity of the site and the local area. FSR is not specified in the Design Code.	The proposal complies with the maximum FSR of 1.19:1	Yes
Deep Soil Zones	A minimum of 25% of the open space area of a site should be a deep soil zone	More than 25% of open space area deep soil.	Yes
Fences and walls	Clearly delineate the public and private domain	Front fences proposed clearly delineate public and private domain within front setback	Yes
Landscape design	Landscape design should optimise useability, privacy, social opportunity, equitable access and respect neighbour’s amenity.	Acceptable landscape design and integrates appropriate amenity	Yes
Open Space	Communal open space should be generally 25% of the site area. Min private open space for apartment at ground level/podium is 25sqm. Min preferred dimension in one direction is 4 metres	10.7%, Communal open space provided in form of roof top terrace, no adverse impacts or privacy impact to adjoining neighbours due to, design, appropriate screening and spatial separation to adjoining properties. Each ground floor apartment has more than 25sqm and is greater than 4m in one direction.	No (2), however acceptable Yes
Orientation	Position and orientate buildings to maximise solar access	Orientation and position maximised with most units north, west and east given the orientation of the site.	Yes
Planting on structures	Design for optimum conditions for plant growth	Appropriate deep soil provided primarily located within front and rear setbacks to allow for good levels of plant growth	Yes
Stormwater Management	Reduce the volume impact of stormwater on infrastructure by retaining it on site	Supported subject to conditions of consents regarding adequate disposal of drainage	Yes
Safety	Undertake a formal crime prevention assessment of the development	Acceptable regarding safety aspects	Yes
Visual privacy	Provide reasonable levels of visual privacy.	Appropriate design measures to provide reasonable levels of visual privacy
Building Entry	Create entrance which provides a desirable residential identity for development	Building entry centrally located within street frontage.	Yes
Parking	Provide adequate car parking for the building and integrate parking with the design of the building	Car parking is considered to be appropriate fully located within basement.	Yes
Pedestrian Access	Promote residential flat development that is well connected to street and contributes to accessibility. Barrier free access to at least 20% of units	Residential flat building is considered to be acceptable given the, shape, size and slope of the site. Barrier free access all units due to split level / half level lift provided	Yes Yes
Vehicle Access	Limit width of driveways to 6 metres. Integrate adequate car parking and servicing access without compromising character	6m, all car parking spaces located within basement. Driveway located parallel along western side boundary.	Yes
Apartment Layout	· -Maximum depth from window of single aspect apartment 8.0m · The back of a kitchen should be no more than 8 metres from a window. · Width of cross-over apartments more than 15 metres deep should be a minimum of 4 metres	6m Maximum depth 6m maximum Less than 15m in depth, maximum depth 13m	Yes Yes Yes
Apartment Mix	To provide a diversity of apartment types, which cater for different household requirements now and in the future	Proposal seeks composition of 16 x 2 bedroom units and 8 x 3 bedroom units. Adaptable housing is also proposed.	Yes
Balconies	Primary balconies to be a minimum of 2 metres in depth	Balconies 2.5m in depth forming generally open rectangular dimensions	Yes
Ceiling Heights	Residential buildings/floors · habitable rooms minimum 2.7m · non habitable rooms minimum 2.25m	More than 2.7m More than 2.25m	Yes Yes
Flexibility	Provide apartment layouts which can accommodate the changing use of rooms	Appropriate contemporary internal layouts, compliant with accessible standards	Yes
Ground floor apartments	Optimise the number of ground floor apartments with separate entries. Ensure ground floor apartments have access to private open space.	Ground floor apartments; Units 1, 4 and 5 out of a total of 8 units have separate entrances. All ground floor apartments have access to private open space	Yes Yes
Internal Circulation	Maximum of 8 units to be accessible from a double loaded corridor.	Maximum 4 units on each half floor	Yes
Storage	To provide adequate storage for every day household items within easy access of the apartment 2br = 8m³ 3br = 10m³	More than 8m³ More than 10m³	Yes Yes
Acoustic Privacy	Protect acoustic privacy of residents in apartments and in private open spaces	Acceptable levels of privacy provided with screening and offsets integrated within the design.	Yes
Daylight Access	· Min 70% of units (living rooms and private open space) receive min 3 hours of solar access for dense urban environment · Max 10% units southerly aspect	18/24 Units, 75% of units achieve sufficient solar access No units purely southerly aspect	Yes Yes
Natural Ventilation	· 60% of residential units should be naturally cross ventilated. · 25% of kitchens should have access to natural ventilation.	18/24 units, 75% cross ventilated, reasonable given orientation of site 18/24 Units, 75% kitchens have access to natural ventilation	Yes Yes
Facades	Facades must define and enhance the public domain and desired street character	Façade considered to be appropriate	Yes
Roof design	Provide quality roof designs which contribute to the overall design	Roof design is varied and provides articulation and visual interest	Yes
Energy efficiency	Reduce reliance on artificial heating and cooling	Valid BASIX Certificate provided	Yes
Maintenance	Supply waste management plans as part of the development application	Waste management plan provided and is considered to be acceptable	Yes
Water conservation	Encourage use of rainwater tanks, use AAA rated appliances and store rainwater on site	Valid BASIX Certificate provided	Yes

(1) Building Separation

The proposal seeks a minimal building separation of 5.8m to the adjoining eastern side dwelling. This is due to the fact that the subject site seeks consent for a medium density development adjoining a low density dwelling in which applying strictly the prescribed building separation cannot be achieved as existing adjoining development is located in close proximity to the shared boundary. The proposal is not considered to result in any unacceptable or unreasonable built form or amenity impacts to future occupants of the site or to adjoining properties.

(2) Communal Open Space

The Rule of Thumb recommends that 25% of the site be allocated to communal open space. The proposal seeks to provide open space in the form of a roof terrace providing at 10.7% of the site. This results in good amenity as this is north facing and does not result in any unacceptable amenity impacts to adjoining properties.

Advice from the Design Review Panel

This section outlines the advice provided by the Design Review Panel (DRP), the Applicant’s response to this advice and the Development Assessment Officer’s (DAO’s) concluding comments.

The application was referred to the Design Review Panel on 1 May 2014 whereby it was concluded that the application be re-referred comprising of minor amendments and additional information. The applicant provided addition information and to address the issues of this panel resulting in an amended plan which complied for the most part with the applicable planning controls. The application was re-referred to the Design Review Panel on 1 October 2014 whereby it was concluded the application was not supported, it is noted that new issues were raised. It is also noted that this Panel comprised of members not comprising of the 1 May 2014 Design Review Panel. The applicant provided additional information on 29 October 2014 to address the concerns raised by the later panel. It is noted as previously discussed above the proposal reasonable satisfies the SEPP 65 recommended rules of thumb.

PRINCIPLE 1 – CONTEXT

DRP advice: “No colour palette has been provided so it is impossible for the Panel to gauge whether improvements have been made to the proposed colour scheme. The elevations are of poor quality and do not meet standards required in terms of resolution and detail. The basement appears to have been moved very slightly to address concerns relating to the root systems of the trees in the properties to the rear. Street tree details have not been provided as requested. The context plan provided is inadequate and does not identify how the proposal should be laid out in relation to the immediate locality and to best use the land.”

Applicant’s response: “A revised colour scheme has been included in addition to a revised landscape plan which depicts additional planting. The rear of the basement has been decreased in size to result in additional deep soil planting which complies with Council’s controls.”

DAO’s comment: A revised colour schedule has been provided which is considered to be commensurate of contemporary design materials and styles for residential flat buildings. The elevations are considered to be satisfactory for the purposes for assessment and the design of the proposal generally complies with the controls. The site analysis plan is considered to be acceptable for the purposes of assessment. The design of the proposal seeks a north-south axis which is considered to be the most logical approach given the size, shape and orientation of the site.

PRINCIPLE 2 – SCALE

DRP advice: “The area is undergoing transition from predominately low scale single dwellings to a relatively high density. Therefore great sensitivity is required in the design of new proposals to mediate between existing forms and potentially larger scale future proposals.

While the envelope appears to be compliant the elevations reveal that the proposal is over scaled as currently designed. The articulation of the facades does little to alleviate the bulk generated by the length and width of the building.

The Panel notes that there has been minimal adjustment to the basement footprint. Existing trees to be retained must be protected in accordance with AS4970.

While a split level has been introduced into the car park the ramp connecting them is too narrow and does not comply with Australian Standards.

While the proponent argues that the side setbacks comply and that the RFDC is advisory only, the issue of bulk remains of concern to the Panel. This is exacerbated by the predominance of very large side facing balconies which dominate both east and west facades. The overall impression is that the building is too big for its site and creates adverse impacts along both of its side boundaries.

The main entrance has been relocated to the front of the site as requested but this has produced a long narrow poorly lit passageway with very poor amenity.

While the balconies now do comply, those that serve Units 1, 2, 3, and 4 have portions that are of no utility to the occupants.”

Applicant’s response: “The proposal complies with the prescribed controls and is well below the maximum heights permitted in particular to the front and rear of the building at 8.7m (front) and 9.7m (rear).”

DAO’s comment: The proposal complies with FSR, height, setbacks and building envelope controls and is considered to reasonably satisfy the objectives of the controls. The design of the proposal is considered to be appropriate given the size, orientation, slope and irregular shape of the allotment. Council’s Senior Tree Management Officer raises no concerns with the proposed development in relation to trees. The ramp complies with the Australian Standards as per standard conditions.

PRINCIPLE 3 – BUILT FORM

DRP advice: “The Panel notes that there has been minimal adjustment to the basement footprint. Existing trees to be retained must be protected in accordance with AS4970.

While a split level has been introduced into the car park the ramp connecting them is too narrow and does not comply with Australian Standards.

The main entrance has been relocated to the front of the site as requested but this has produced a long narrow poorly lit passageway with very poor amenity.

While the balconies now do comply, those that serve Units 1, 2, 3, and 4 have portions that are of no utility to the occupants.

Applicant’s response: “The proposal satisfies the objectives of the RFDC. The proposal complies with the applicable built form controls. The balconies are of compliant dimensions and are directly linked to living areas.”

DAO’s comment: Council’s Senior Tree Management Officer supports the removal of nine trees in total, to accommodate the proposed development. The car parking basement has been assessed by Council’s Senior Building Officer with no concerns raised. The proposed development complies with the reasonable requirements of the RFDC in relation to spatial separation given that the proposal complies with the FSR and height requirements.

The front entrance is considered to be reasonable given the orientation of the site and does not result in any unacceptable amenity impacts.

The balconies of Units 1-4 comply with the requirements of the RFDC and Councils controls in terms of size and depth and are accessed from key living rooms.

In this regard, the intent of the subject have been satisfied.

PRINCIPLE 4 – DENSITY

DRP advice: “The amended drawings show no appreciable reduction in the building volume, bulk, footprint and scale relative to the site.

Hence the building still seems to struggle to fit on the site, especially when solar access and other amenity standards are considered.”

Applicant’s response: “In summary, the proposal is compliant with Council’s height, density, building envelope and landscaping controls.”

DAO’s comment: As previously discussed, the proposal complies in full with all applicable controls with the exception of the minor variation to maximum cut due to the fall of the site, which is supported on merit and further discussed within the report.

PRINCIPLE 5 – RESOURCE, ENERGY AND WATER EFFICIENCY

DRP advice: “Refer to BASIX, deep soil zones appear insufficient.”

Applicant’s response: “Proposal satisfies BASIX requirements and complies with landscaping controls.”

DAO’s comment: The proposal complies with BASIX, landscaping, energy and water efficiency requirements.

PRINCIPLE 6 – LANDSCAPE

DRP advice: “Deep soil zones appear insufficient. Refer to points under ‘Landscape’.

While an arborist report has been provided Tree Protection Zones still need to be defined and shown on drawings for all design disciplines. Tree protection notes in accordance with AS4970 should be provided on landscape drawings

At present the design of the rooftop open space shows little consideration for how amenity for residents will be provided. The rooftop open space should show how it will provide an attractive, functional and pleasant area for residents. A program of use should be apparent from the design.

The proposed planter boxes on the east and west at ground level are partially covered. Some of the plant species proposed in these areas may be too high for the covered areas. The detail provided for the on-structure planting does not provide information of the height or width of the wall. As these areas are covered they should also be irrigated and information on irrigation and drainage also provided.”

Applicant’s response: “The proposal meets the landscaping requirements and a revised arborist report has been provided for consideration. Acceptable amenity has been provided for future occupants located on the roof top terrace. Additional details regarding irrigation and drainage are to be dealt with during the Construction Certificate stage.”

DAO’s comment: The proposal complies with the landscape requirements. Council’s Senior Tree Management Officer raises no concerns with the proposal. The revised landscape plan shows the indicative location for BBQ facilities and seating on the roof top terrace, this forms a communal function, with useable dimensions and is sufficiently screened from adjoining properties – this is considered to result in acceptable levels of amenity for future occupants. Standard conditions apply regarding drainage.

PRINCIPLE 7 – AMENITY

DRP advice: “The Panel estimate that only 13 of the 24 units (55%) are likely to gain mid-winter solar access - well short of the RFDC requirements. Of these units identified, many may not receive mid-winter solar access due to the self-shading architectural treatment adjacent to and above living rooms. This is unacceptable.

Similarly it appears that 12 of the 24 units are single aspect and therefore do not meet the RFDC’s cross ventilation requirements.

While the front door has been moved as required, the resultant entrance is narrow, long and most unwelcoming in its proportions. In addition the approach to the lift may not comply with accessibility standards. Some improvement could be achieved by creating a forecourt off Richards Avenue however this does not relieve the internal lack of amenity of the entrance.

Basic facilities to the common area have not been integrated as required. See also comments in ‘Landscape’ above.

Responses to this comment have created some conflict with the solar access requirements for east and west facing living areas.

In the basement the ramp between upper and lower levels is too narrow. The entry ramp may also be too narrow to allow waiting and access. For a project of this scale a BCA consultant and traffic consultant is highly recommended.

The project appears to be poorly thought through in terms of persons with disabilities e.g:

· Shared spaces to accessible car parks are non-compliant

· Access to the lift is non-compliant

· No accessible units are provided

· It is doubtful whether any unit can be designed for adaptability without any significant changes to the layouts, including changes to walls

The ‘snorkel’ bedrooms would struggle to provide sufficient natural light and outlook. In this suburban context they seem out of place. The size of the project is such that design solutions of this nature should be avoided.

Some bedrooms appear far too small for their function. Some living rooms are awkwardly planned for furniture arrangements and present access problems.

Only Units 1 and 4 contain storage spaces. All units should be provided with storage in accordance with the Rules of Thumb in the RFDC. The Panel notes that basement storage is satisfactory.

See notes above regarding access to lift in the basement and vehicular ramps.

The layout still provides places of concealment in the pedestrian way from the central fire exit down the east side of the site and at the relocated front entrance. Gates and suitable fences are required to limit opportunities for people to lurk with malicious intent.

The Panel strongly recommends the engagement of a BCA consultant to confirm egress and access requirements”

Applicant’s response: “Additional skylights have been provided to assist in additional sunlight on the upper level. Solar access diagrams for each unit have been provided to demonstrate that sufficient solar access has been achieved given the north-south axis orientation. 18 of the 24 units receive sufficient cross ventilation. The proposal has adopted minor amendments to result in improved amenity.”

DAO’s comment: The amended proposal (with additional information from the applicant) to demonstrate compliance is considered to satisfy the requirements of the RFDC. Standard conditions are imposed to ensure that the development meets the relevant BCA, Access and Australian Standards as part of the Construction Certificate.

PRINCIPLE 8 – SAFETY AND SECURITY

DRP advice: “See notes above regarding access to lift in the basement and vehicular ramps.

The Panel strongly recommends the engagement of a BCA consultant to confirm egress and access requirements”.

Applicant’s response: “It is noted that the original panel noted that this was satisfactory subject to the relocation of the front entry. The exit area is secured by a 1800mm high gate and in all areas of the exit pathway and central open space are overlooked by first floor balconies which prevents anyone lurking in the area. A BCA consultant will be engaged for the Construction Certificate”.

DAO’s comment: It is considered that the layout results in acceptable levels of passive natural surveillance to and from the site which are assisted from the front north facing units.

PRINCIPLE 9 - SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY

DRP advice: “Insufficient regard has been given to access for disabled persons and the provision of adaptable units”.

Applicant’s response: “The proposal has always contained 12 units that could be adapted by combining the bathroom and ensuite which is one of the options in the Australian Standard. Units 5 and 6 will be constructed with disability compliant bathrooms, in addition to 4 units above are designed so that bathrooms and ensuites can be adapted to disability compliant bathrooms if required totalling 6 units of a total of 24 units. All access to and from the site including access to common areas.”

DAO’s comment: Adaptable and accessible units provided. Access requirements meet. Standard BCA conditions to apply.

PRINCIPLE 10 – AESTHETICS

DRP advice: “The elevations as presented are very unconvincing and fail to convey a standard required of quality residential development. The proposed concrete roofs and lack of overhang are unlikely to contribute positively to the existing streetscape.”

Applicant’s response: “Previously addressed.”

DAO’s comment: The design of the proposal is considered to be reasonable given that the proposal complies with the built form massing elements. It is noted that the first design review panel requested a revised streetscape montage and colour and materials selection and did not raise any concerns regarding the design of the proposal.

In summary, the proposal is considered to be consistent with the principles of RFDC and SEPP 65 – Design Quality of Residential Flat Development.

2. Draft Environmental Planning Instruments

STATE ENVIRONMENTAL PLANNING POLICY NO – 65 DESIGN QUALITY OF RESIDENTIAL FLAT DEVELOPMENT (AMENDMENT NO 3)

The proposal is considered to satisfy the objectives of the draft SEPP. This was exhibited between 23 September – 31 October 2014.

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 buildings affected by the proposal.

3. Development Control Plans

Planning legislation changes for DCPs

In March last year, a new Section 74BA was introduced into the Environmental Planning and Assessment Act 1979 which identifies the purpose and status of development control plans, highlighting the fact that Development Control Plans are to primarily provide guidance to compliment an environmental planning instrument (LEP), and that provisions in a Development Control Plan are not statutory requirements.

Section 79C(3A) provides guidance on how consent authorities must assess and determine DAs in relation to provisions that are contained within Development Control Plans. The section identifies that if:

· a Development Application meets the standards in a Development Control Plan, the consent authority is not to require more onerous standards with respect to the development; and

· a Development Application does not meet the standards of a Development Control Plan, the consent authority is to be flexible in applying those provisions and allow reasonable alternative solutions.

The proposal has been assessed under the relevant sections of Development Control Plan No 1 as follows.

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

The extent to which the proposed development complies with Section 3.1 Car Parking is detailed and discussed in the table below.

Section 3.1	Requirements	Proposal	Complies
3.1.4.1 - Resident parking	1 or 2 bedroom – 1 space (16 units proposed) = 16 3 bedroom – 2 spaces (8 units proposed) = 16 Total required = 32	16 spaces 16 spaces 32 spaces	Yes Yes Yes
3.1.4.1 -Visitor parking (4 or more dwellings)	1 space per 4 dwellings or part thereof (24 units proposed) = 6	6 visitor spaces	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
3.1.4.3 – Stencilling of driveways	Finished with plain concrete	Yes	Yes
3.1.4.4 – Ramps transitions, driveways	Ramp grades to comply with AS2890.2 2004, Part 2 Longitudinal section 1:20 to be provided with development application	Standards satisfied	Yes
3.1.4.5 - Basement car parking	· Underground parking to be located under building footprint · Minimise visual impact on street · Mechanical ventilation and exhaust shafts to be illustrated in plans	Parking located below building footprint which minimises visual impact to the street.	Yes
3.1.4.6 – Parking for people with a disability	Compliance with AS1428 – Design for access and mobility and AS2890.6	Complies	Yes
3.1.4.8 - Car washing area	1 space (which can be a visitor space)	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

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
Adaptable dwellings	1 adaptable dwelling/10 dwellings or part there of (min) = 3 Adaptable dwelling complies with AS4299	3 provided (Units 5 and 6 nominated and Unit 11 conditioned) Compliant	Yes Yes
Access requirements	Access in accordance with AS1428 for all persons through the principal entrance of the building and to common areas	Accessible design and access to building and common areas	Yes
Accessible car space	1 space per adaptable dwelling Layout complies with Australian Standard	1 space per adaptable unit provided Compliant	Yes Yes

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

The extent to which the proposed development complies with Section 3.4 Crime Prevention through Environmental Design is detailed and discussed in the table below.

Section 3.4	Requirements	Proposal	Complies
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	Surveillance of street is available from the units where possible Basement car park is not considered to be a dominant feature of the overall streetscape, given that it is not clearly visible from the street	Yes Yes
Building Identification	· -Clearly numbered buildings · -Entrances numbered · -Unit numbers provided at entry	These requirements can be conditions of consent	Yes
Entrances	Clearly visible and not confusing	The entrance to the building is clearly visible and located on the front elevation of the development	Yes
Fencing	Allows natural surveillance to street	Proposed fencing is satisfactory	Yes
Blind Corners	To be avoided	No blind corners evident, acceptable sight lines provided	Yes
Communal Areas	Provide opportunities for natural surveillance	The communal areas proposed provide opportunities for natural surveillance	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 · Vegetation used as a barrier for unauthorised access	Landscaping proposed as per the landscape plan is appropriate	Yes
Lighting	· Diffused/movement sensitive lighting provided externally · Access/egress points illuminated · No light-spill towards neighbours · Hiding places illuminated · Lighting is energy efficient	These requirements can be conditions of consent	Yes
Security	Provide an appropriate level of security for each dwelling, communal areas and car park	Appropriate security has been provided	Yes
Car parks	Access to lifts and stairwells to be clearly defined	Access to the car parking area is clearly defined	Yes
Ownership	Use of fencing, landscaping, colour and finishes to imply ownership	Landscaping and driveways indicate ownership	Yes
Building maintenance	Use materials that can be easily cleaned or use anti-graffiti paint	Proposed external materials and finishes are appropriate	Yes

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

The proposal has achieved a BASIX Certificate and therefore complies with the objectives of Section 3.5 of Development Control Plan No 1. The proposed development also complies with the solar access requirements of Development Control Plan No 1 – LGA Wide.

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. The proposal seeks to drain to the street. Council’s Team Leader of Subdivision and Development has supported the proposed works subject and drainage conditions attached to the determination.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.8 FENCES ADJACENT TO PUBLIC ROADS

The selected types of fencing on the street frontage will provide visual relief and natural surveillance from the dwelling to the street, and provide screening for the private open space behind the front building line of dwellings. It is considered that the fence is reasonable merit and is unlikely to adversely impact upon the streetscape.

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

A Waste Management Plan has been submitted with the application which is acceptable. Standard conditions have been imposed requiring appropriate waste management during construction and as part of the on-going use of the development.

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

The extent to which the proposed development complies with Section 4.3 Multiple Dwellings is detailed and discussed in the table below.

Section 4.3	Requirements	Proposal	Complies
Minimum Street Frontage	24m	32.92m	Yes
Residential density (Floor Space Ratio)	Cl 4.4 of HLEP 2012 = Max. 1.2:1	1.19:1	Yes
Landscaped Area	Site = 1,815.6sqm Min. 20%	363.12sqm 20%	Yes
Maximum Building Height	Cl 4.3 of HLEP 2012 = Max. 12 m	11.4m	Yes
Front Site Height Maximum	12m	11.4m	Yes
Rear Site Height Maximum	12m	11.4m	Yes
Number of habitable storeys at front of site	3 habitable storeys	3 habitable storeys (ground, first and second) + top floor access to rooftop courtyard	Yes
Number of habitable storeys at rear of site	3 habitable storeys	As above	Yes
Minimum Private Open Space Area	Ground floor level <2bedrooms – 50sqm Min dimension – 3m Upper levels < 3 Bedroom – 12sqm Min width - 2.5m Direct access from living room	More than 50sqm More than 3m More than 12sqm 2.5m min dimension with direct access from living room	Yes Yes Yes Yes
Minimum Principal Private Open Space Area	Ground floor Must not be located forward of the building line < 3 bedrooms – 4m x 4m – 1:20 (max) Upper levels < 3 Bedroom – 12sqm	Located behind building line More than 4m x 4m and 1:20 gradient More than 12sqm	Yes Yes Yes
Landscape Plan	Landscape Plan to be submitted with the DA	Landscape plan provided	Yes
Front Boundary Setbacks	Minimum 6m, balconies can project 1m	6m minimum, 1m balcony projection	Yes
Rear Boundary Setbacks	Minimum 6m, balconies can project 1m	6m minimum, 1m balcony projection	Yes
Minimum Side Boundary Setbacks	Building envelope No projections of any form permitted outside the building envelope Balconies not permitted within side setbacks	Proposal fully compliant with building envelope	Yes
Maximum excavation of natural ground level to accommodate ground floor level	500mm	1,400mm at centre of building	No (1)
Driveways, access lanes and car parking	>20m – Must not occupy more than 33%	6m	Yes
Garages and car ports	Garages must not visually dominate the street facade	Basement garage setback from street and integrated within design of building	Yes
Basement parking	Basement cannot extend more than 1m above natural ground level	Basement does not extend more than 1m above natural ground level	Yes
Visual Privacy	Habitable windows within 9m to be offset 1m or screened	Habitable windows sufficiently offset and or screened	Yes
Solar Design and Energy Efficiency	3hrs of sunlight upon the open space areas of adjacent dwellings between 9am - 3pm on 21 June	3 hours solar access provided to private open space to open space areas and adjacent dwellings	Yes
Fences at the front boundary	Solid fences facing the street – Max 1m in height If Private Open Space has a common boundary to public space, height may be increased to 1.8m (must be 50% of fence to be open)	1m solid fence maximum along street Private open space located behind building line	Yes Yes
Site Services	Site must be serviced by standard utilities	Adequate services provided	Yes
Storage	6 cubic metres per dwelling	6 cubic metres provided	Yes

Stormwater Assessment
Existing Stormwater System	Drain to street
Proposed Stormwater System	Drain to street
Stormwater objectives for development type met?	Objectives meet
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

(1) Excavation

Council’s controls limit the maximum excavation to accommodate the ground floor level to a maximum 500mm. The proposal seeks a maximum excavation of 1,400mm located at the centre to the building. The form of the building is stepped with three residential habitable levels at the front and back. The variation does not result in any adverse material planning impacts and results in acceptable level of amenity to future occupants. In this regard, the variation is supported on merit. It is noted that variations to this clause have been previously approved within the locality.

RECENT LAND & ENVIRONMENT COURT DECISIONS

FM Holdings Pty Limited v Hurstville City Council – 50 - 52 Lawrence St, Peakhurst (April 2014)

In assessing amended plans lodged by the applicant in this case, Commissioner Morris, noted that these plans “address the original contentions that relate to non-compliance with the development standards for height and FSR”.

In this regard “the only breach of the height development standard is for the roof structure of the lift overrun and that, in accordance with the provisions of clause5.6 of the LEP, consent may be granted for an architectural feature above the 12m height standard…”

The Commissioner also commented on building envelope, bulk and scale matters noting that the proposals breach is acceptable and is the result of what is considered an “awkward planning control for a sloping site”. Remedies by way of stepping the floor plate and unnecessary excavation were not considered appropriate given the relatively small footprint of the building.

Further the Commissioner concluded that:

“The applicant has made significant changes to the plans for the proposal following the council’s determination of the application. Those changes have gone a long way to address the contentions, importantly, have also ensured compliance with the relevant development standards contained in the LEP and the majority of controls contained in the DCP. This is particularly important in an area undergoing transition, as is the case for this site. The area has been rezoned from low density, single dwelling houses to permit three storey residential flat buildings. This fact will result in change to the streetscape and character of the area.”

Having regard to the evidence, the provisions of the LEP and DCP and those matters prescribed under S79C of the Environmental Planning and Assessment Act 1979, I am satisfied that the plans now before the Court are either compliant with the council’s planning controls or meet the objectives of those controls, and where not met, the variations are minor. For this reason, it is appropriate for the consent to be granted.

It is apparent that the Land and Environment Court will accept compliance with FSR and height controls, and minor variations where the objectives of those controls are met. It is considered the subject development application meets these requirements and is satisfactory.

4. Impacts

Natural Environment

The proposed works are not considered to result in any unacceptable impacts to the natural environment for the reasons contained within this report.

Built Environment

As previously discussed within the report, the proposal complies with height, floor space ratio and building envelope.

The proposal is considered to be satisfactory in relation to the built environment.

In terms of traffic generation, the proposed development is unlikely to have adverse traffic impacts on the road network, given the following traffic comments and study undertaken for the Peakhurst R3 area by Council’s Senior Traffic Engineer:

Senior Traffic Engineer Comments:

i. Existing Traffic Environment

Richards Avenue is 122m long, 15.4m wide (approx. 7.4m carriageway) this forms a local residential road function with Council’s road hierarchy. The road services Zone R3 residential zoned land.

Recent traffic counts undertaken by Council in September 2013 found:

· The 85th percentile speed of the traffic on both directions to have a combined average of 45km/h

· The Average Annual Daily Traffic for the five days in both directions combined is 128 vehicles per day

Under these circumstances the existing conditions may be considered as representative of a low volume environment with no existing traffic problems in terms of excessive speeding or traffic in Trafalgar Street. Traffic volumes are well below the Environmental Goal of RMS guidelines for a local road.

ii. Proposed Development - Traffic Generation

The Roads and Maritime Services (RMS) Guide to Traffic Generating Developments provides average traffic generation rates for a range of different land uses. The guidelines provide peak hour vehicle trips (phvt) generated by residential developments as follows:

Dwelling houses = 0.85phvt per dwelling

Medium Density residential flat buildings = 0.4-0.5 phvt

(up to two bedroom)

Using these rates the overall generation by the proposed development may be expected to be:

Number of Beds	Generation Rate (Max.)	Peak Hour Vehicle Trips (phvt)
16 x 2 bed	0.5	4.0
8 x 3 bed	0.65	5.2
*TOTAL*		*9.2*

Deducting the traffic generated by two existing free standing dwellings (each 1.7phvt) results in an overall increase arising from the development of 6 phvt (round up figure).

iii. Cumulative Impact in Locality

The following table contains traffic volumes for Richards Avenue and the increase attributed to the proposed development in the AM and PM peak.

Traffic Movements

Environmental Capacity RMS

(Max peak hour volume)

Existing Traffic Volumes

(phvt)

Proposed Increase

(phvt)

% Increase

Remaining

Environmental Capacity

Richards Avenue

200

8.6%

62.5%

See RMS Guide to Traffic Generating Developments – Table 4.6 Local Street - Environmental Capacity

iv. Need for Traffic Improvements in the Locality

Based on these numbers there is sufficient capacity in Richards Avenue, Peakhurst, to accommodate the extra traffic being generated by the proposed development and no need for traffic improvements at this time.

v. Traffic egress/ingress to arterial/sub-arterial roads

Access onto Forest Road (State Road) is via traffic controlled intersections at Belmore Road and Jacques Avenue. Access is also available to Forest Road from Pearce Avenue via unconstrained turning movements.

vi. Sight distance and other safety issues

Sight distances from the subject site comply with RMS guidelines. Pedestrian movement is also available off-road adjacent to the road pavement in Richards Avenue minimising any potential pedestrian vehicle conflict.

vii. On Street Parking in Locality

On-street car parking is available and is not constrained in Richards Avenue. It is acknowledged that cars parked on opposite sides of Richards Avenue would block the carriageway however there is kerb-side space to limit this occurrence. All car parking for the development is provided on-site minimising any impact on on-street car parking availability.”

Social Impact

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

Economic Impact

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

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

The subject application was notified / advertised to adjoining thirty (30) residents and owners for fourteen (14) days in which to view the plans and submit any comments on the proposal. The amended plans were not renotified as the amended proposal did not result in a greater environmental impact than the original proposal. One (1) submission was received in relation to this application and raised a number of concerns which are summarised as follows.

Overdevelopment, bulk, scale, character, aesthetics, building envelope

Concerns were raised regarding bulk and scale impacts.

Comment: The proposal is not considered to result in any unacceptable built form impact as the proposal complies with height, floor space ratio and building envelope. The development adopts a built form permitted within the planning controls given the R3 – Medium Density Residential Zoning.

Overshadowing impacts

Concerns were raised regarding overshadowing impacts due to the development.

Comment: The proposal complies with Council’s solar access requirements whereby compliant levels of solar access are achieved to neighbouring properties. It is also noted that the proposal is excavated into the ground which assists in greater levels of solar access. In this regard, no unreasonable solar access impacts are generated by this development.

Traffic and Noise

Concerns were raised regarding traffic and noise impacts, road safety, loading and unloading, and narrow streets.

Comment: The proposal seeks to provide all residential and visitor car parking on site which comply with Council’s controls. The proposal is not considered to result in any unacceptable associated traffic impacts.

Sewage and drainage

Concerns were raised regarding sewage and drainage impacts.

Comment: The existing sewage and drainage is to be replaced with appropriate sewage disposal. The site is to drain to the street at Richards Avenue which is supported by Council’s Team Leader Subdivision and Development subject to conditions of consent.

Public Interest

The proposal is considered to be in the Public Interest for the reasons contained within this report.

Council Referrals

Team Leader Subdivision and Development

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

Manager Environmental Services

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

Senior Tree Management Officer

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

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.

Manager Waste Services

Council’s Manager Waste Services supports the proposal subject to conditions of consent.

External Referrals

Design Review Panel

The comments of the Design Review Panel have been discussed in the report above under the section entitled “State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development” and are considered to be appropriately addressed.

6. CONCLUSION

The proposal has 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.

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 DA2014/0118 for demolition of existing structures and construction of three storey residential flat building with basement parking on 44 and 45 in DP 36368 and is known as 5-7 Richards Avenue, Peakhurst, subject to the following conditions;

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

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

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

Reference No.	Date	Description	Revision	Prepared by
DA1.2 -1.1	10/2014	Architectural Plans	F	Nelson Architecture
IS0145/ DA1-2	Oct 2014	Landscape Plan	D	Isthmus Landscape Design
	Received 30 Oct 2014	Finishes Schedule		Nelson Architecture
	1^st July 2014	Arborist Report		TALC

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	$5,015.00	20 Feb 14	2013899
Plan First Fee	X	$3,072.00	20 Feb 14	2013899
Notification Fee	X	$266.00	20 Feb 14	2013899
DA Advertising Fee	X	$1,105.00	20 Feb 14	2013899
Design Review Panel Fee	X	$1,242.00	20 Feb 14	2013899
Company Search Fee	X	$20.00	20 Feb 14	2013899
Long Service Levy		$16,800.00
Builders Damage Deposit		$6,000.00
Inspection Fee for Refund of Damage Deposit		$135.00
S94 Residential (Community Facilities)		$303,362.11
S94 Residential (Open Space, Recreation, Public Domain)		$42,905.27

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		$4,550.00
Construction Certificate Application Fee		$4,550.00
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. 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 $42,905.27

Open Space, Recreation and Public Domain Facilities $303,362.11

Total: $346,267.38

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 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 St, Hurstville) or viewed on Council’s website at the following address: 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: $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

(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

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.

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 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

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 Richards Avenue in accordance with Council’s Specifications for footpaths.

(b) Construct a 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.

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.

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.

9. APR7001 - Building - Hoarding Application - Prior to demolition of the buildings on the site or the commencement of work above ground level a separate application for the erection of an A class (fence type) or a B class (overhead type) hoarding or C type scaffold, in accordance with the requirements of Work Cover Authority of NSW, must be erected along that portion of the footways/roadway where the building is within 3.0 metres of the street boundary. An application for this work under Section 68 of the Local Government Act 1993 and the Roads Act 1993 must be submitted for approval to Council.

The following information is to be submitted with a Hoarding Application under Section 68 of the Local Government Act and Section 138 of the Roads Act 1993:

(a) A site and location plan of the hoarding with detailed elevation, dimensions, setbacks, heights, entry and exit points to/from the site, vehicle access points, location of public utilities, electrical overhead wire protection, site management plan and builders sheds location; and

(b) Hoarding plan and details that are certified by an appropriately qualified engineer; and

(c) The payment to Council of a footpath occupancy fee based on the area of footpath to be occupied and Council's Schedule of Fees and Charges (available on our website) before the commencement of work; and

A Public Risk Insurance Policy with a minimum cover of $10 million in relation to the occupation of and works within Council's road reserve, for the full duration of the proposed works, must be obtained a copy provided to Council. The Policy is to note Council as an interested party.

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.

10. 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.

11. 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

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.

12. CC3014 - Development Engineering - Allocation of car parking and storage areas - A plan showing the allocation of each car space and storage area to each individual unit in accordance with the conditions of the development consent shall be prepared. This plan shall accompany the application for the Construction Certificate.

13. CC2004 - Development Assessment - Design Changes - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.

(a) The front setback is to be setback 6m from the front boundary.

(b) Unit 11 is nominated as an accessible unit and must satisfy all relevant accessibility requirements.

(c) A minimum principal private open space for Units 8 and 9 must have a minimum dimension of 4m x 6m, must not exceed a 1:20 gradient and must adjoin a key living area of the respective unit.

(d) Unit 5 a minimum principal private open space of 50sqm must have a minimum dimension of 4m x 4m, must not exceed a 1:20 gradient and must adjoin a key living area of the respective unit.

(e) The Roof Landscape Plan must be consistent with the Roof and Open Space Plan. No development consent is granted for the rooftop terrace bathroom.

14. CC7006 - Building - Vibration Damage - To minimise vibration damage and loss of support to the buildings in close proximity to the development, any excavation is to be carried out by means of a rock saw and if available, in accordance with the guidelines of the Geotechnical Engineer’s report.

Alternatively where a hydraulic hammer is to be used within 30 metres of any building (other than a path or a fence) a report from a qualified geotechnical engineer detailing the maximum size of hammer to be used is to be obtained and the recommendations in that report implemented during work on the site. The report shall be submitted with the Construction Certificate application.

15. CC7008 - Building - Access for Persons with a Disability - Access and sanitary facilities for persons with disabilities must be provided to the premises 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.

16. 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.

17. 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.

18. CC2008 - Development Assessment - Landscape Plan - A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted prior to the issue of the Construction Certificate. The plan must include:

(i) Location of existing and proposed structures on the site including existing trees (if applicable);

(ii) Details of earthworks including mounding and retaining walls and planter boxes (if applicable);

(iii) Location, numbers and type of plant species;

(iv) Details of planting procedure and maintenance;

(v) Details of drainage and watering systems.

19. CC2003 - Development Assessment - Construction Site Management Plan - Major Development - A Site Management Plan must be submitted with the application for the Construction Certificate, and must include the following measures:

· location of protective site fencing;

· location of site storage areas/sheds/equipment;

· location of building materials for construction, e.g. stockpiles

· provisions for public safety;

· dust control measures;

· method used to provide site access location and materials used;

· details of methods of disposal of demolition materials;

· method used to provide protective measures for tree preservation;

· provisions for temporary sanitary facilities;

· location and size of waste containers/skip bins;

· details of proposed sediment and erosion control measures;

· method used to provide construction noise and vibration management;

· construction traffic management details.

The site management measures are to be implemented prior to the commencement of any works including demolition and excavation. The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity. A copy of the Site Management Plan must be retained on site and is to be made available upon request.

20. CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 519310M_03 dated 27 January 2015, approved with the Development Consent DA2014/0118, must be implemented on the plans lodged with the application for the Construction Certificate.

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

Reference No.	Date	Description	Revision	Prepared by
13091H-1-2	28/10/14	Stormwater Concept Plan	B	RKM Consultants

The basement waters shall pump to and all other stormwater shall drain by gravity to Council's kerb and gutter directly in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

All outlets from any pump system must be constructed at 45 degrees to the direction of flow in the street gutter.

The design of this proposed drainage system must be prepared by a qualified practising hydraulics engineer (with details of qualifications being provided) and be submitted for approval with the Construction Certificate application.

22. CC3004 - Development Engineering - Stormwater Drainage Plans - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

Reference No.	Date	Description	Revision	Prepared by
13091H-1-2	28/10/14	Stormwater Concept Plan	B	RKM Consultants

Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a qualified practising hydraulics engineer (with details of qualifications being provided) in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.

23. CC7010 - Building - Geotechnical Reports - The applicant must submit a Geotechnical Report, prepared by a suitably qualified Geotechnical Engineer who holds the relevant Certificate of accreditation as required under the Building Professionals Act 2005 in relation to dilapidation reports, all site works and construction. This is to be submitted before the issue of the Construction Certificate and is to include:

(a) Investigations certifying the stability of the site and specifying the design constraints to be placed on the foundation, any earthworks/stabilization works and any excavations.

(b) Dilapidation Reports on the adjoining properties including, but not limited to all adjoining properties prior to any excavation of site works. The Dilapidation Report is to include assessments on, but not limited to, the dwellings at those addresses and any external paths, grounds etc. This must be submitted to the Certifying Authority and the adjoining residents as part of the application for the Construction Certificate. Adjoining residents are to be provided with the report five (5) working days prior to any works on the site.

(d) Rock breaking techniques. Rock excavation is to be carried out with tools such as rock saws which reduce vibration to adjoining buildings and associated structures.

(e) Sides of the excavation are to be piered prior to any excavation occurring to reinforce the walls of the excavation to prevent any subsidence to the required setbacks and neighbouring sites.

24. CC3005 - Development Engineering - On Site Detention - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

Reference No.	Date	Description	Revision	Prepared by
13091H-1-2	28/10/14	Stormwater Concept Plan	B	RKM Consultants

An on-site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, shall be installed. The design must include the computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

(a) Peak flow rates from the site are to be restricted to a permissible site discharge (PSD) equivalent to the discharge when assuming the site contained a single dwelling, garage, lawn and garden, at Annual Recurrence Intervals of 2 years and 100 years.

Refer to Flow Controls in Council's Draft/Adopted Stormwater Drainage Policy.

(b) The OSD facility shall be designed to meet all legislated safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm. A durable metal plate or similar sign is to be placed at the OSD facility and must bear the words:

"This is an on-site detention basin/tank and is subject to possible surface overflow during heavy storms."

Full details shall accompany the application for the Construction Certificate

25. CC5002 - Trees - Tree Protection and Retention - The following trees shall be retained and protected:

(a) T11, T12, T13 located at southern rear property.

All trees to be retained shall be protected and maintained during demolition, excavation and construction of the site. The tree protection measures must be in undertaken in accordance AS4970-2009 Protection of trees on development sites. Details of the tree protection measures to be implemented must be provided with the application for a Construction Certificate by a suitably qualified Arborist (AQF Level 4 or above in Arboriculture) and must be retained thorough all stages of construction.

26. CC5004 - Trees - Tree Removal & Replacement - Public Land - Permission is granted for the removal of the following trees located on Councils public footpath:

(a) Melaleuca sp. (Paperbark)

This is work is to be undertaken at the applicant's expense. Please refer to Section O1 in Council's adopted Schedule of Fees and Charges for the administration and replacement tree fees which apply to this work.

You have the option of Council removing the Council street tree/s or engaging a private contractor to undertake the work.

Should you choose Council to undertake the work, the following fees apply:

Fee Type	Fee Type	Amount
Administration Fee for Tree Removal	RC83	$140.00
Replacement Tree Fee (per Tree)	RC83	$116.00
Cost of tree removal	RC83	$1080.00
Cost of Stump Grinding	RC83	$250.00

The fees must be paid to Council prior to the issue of the Construction Certificate and evidence of payment must be provided to the Principal Certifying Authority.

Should you choose a Private Contractor to undertake the work; the private contractor must have a minimum of $10 million dollars public liability insurance. Prior to the commencement of any work, the form entitled Application for the Removal of a tree by private contractor on public footpath accompanied by evidence of the Public Liability Insurance must be lodged with Hurstville City Council Tree Services Division.

27. 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).

28. 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) stabilizing works

(j) structural framework

29. CC8002 - Waste - Waste Storage Containers - Home Units (Residential Flat Development) - The following waste and recycling facilities will be required:

Domestic Waste:- 6 x 240 litre Mobile Garbage Bins (MGBs);

Domestic Recycling:- 8 x 240 litre MGBs.

All waste and recycling containers shall be stored in an approved waste storage area that is large enough to store the required number of bins.

The location of the proposed Waste Storage Area as shown on the submitted plan is not easily accessible for Council’s Waste Contractor to service the bins. Accordingly, it will be the responsibility of the Owners Corporation to present the MGB’s for collection and return them to the storage area after they have been emptied.

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.

30. 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.

31. 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

32. PREC2008 - Development Assessment - Demolition Notification Requirements - The following notification requirements apply to this consent:

a) The developer /builder must notify adjoining residents five (5) working days prior to demolition. Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority. Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

b) Five (5) working days prior to demolition, the developer/builder is to provide written notification to Hurstville City Council advising of the demolition date, details of the WorkCover licensed asbestos demolisher and the list of residents advised of the demolition.

c) On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.

33. 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.

34. 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.

35. PREC7001 - Building - Registered Surveyors Report - During Development Work - A report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

(a) Set out before commencing excavation.

(b) Floor slabs or foundation wall, before formwork or commencing brickwork.

(c) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.

(d) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans. In multi-storey buildings a further survey must be provided at each subsequent storey.

(f) Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.

(g) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey must indicate the reduced level of the main ridge.

(h) Other.

Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

36. PREC7004 - Building - Structural Engineers Details - Supporting Council road/footway - Prior to the commencement of work in connection with the excavation of the site associated with the basement car park, structural engineer’s details relating to the method of supporting the excavation must be submitted.

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.

37. 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.

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

39. CON5001 - Trees - Tree Removal on Private Land - The trees identified as ‘to be removed/pruned’ on the approved plans or by conditions of this consent shall be removed in accordance with AS4373 -2007 Pruning of Amenity Trees and the Trees Work Industry Code of Practice (WorkCover NSW, 1998). Trees nominated for removal are specified within the arborist report prepared TALC, dated 1^st July 2014.

40. 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.

41. CON7001 - Building - Structural Engineer’s Certification during construction - The proposals must be constructed in accordance with details designed and certified by the practising qualified structural engineer. All structural works associated with the foundations, piers, footings and slabs for the proposed building must be inspected and structurally certified for compliance by an independent practising geotechnical and structural engineer. In addition a Compliance or Structural Certificate, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority at each stage of construction or prior issue of the Occupation Certificate.

42. 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.

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.

43. OCC3008 - Development Engineering - Consolidation of Site - The site shall be consolidated into one (1) allotment and by a Plan of Consolidation being prepared by a Registered Surveyor. This Plan shall be registered at the NSW Department of Lands prior to the issue of a Final Occupation Certificate.

44. OCC7005 - Building - The proposed structure must be constructed in accordance with details designed and certified by the practising qualified structural engineer. In addition, a Compliance or Structural Certificate, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority prior issue of the Occupation Certificate.

45. 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.

46. OCC2004 - Development Assessment - BASIX Compliance Certificate - A Compliance Certificate must be provided to the Principal Certifying Authority regarding the implementation of all energy efficiency measures as detailed in the BASIX Certificate No. 519310M_03 dated 27 January 2015, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

47. OCC2005 - Development Assessment - Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

48. OCC2007 - Development Assessment - Allocation of car parking spaces - Car parking associated with the development is to be allocated as follows:

(a) Residential dwellings: thirty two (32)

(b) Residential visitors: six (6)

49. OCC6002 - Engineering - Vehicular crossing and Frontage work - Major development - The following road frontage works shall be constructed in accordance with Council's, Specification for Vehicular Crossings and Associated Works together with the Vehicular Crossing Approval issued by Council’s Engineering Services Division:

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

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

A private contractor shall carry out the above work, at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

The driveway and road frontage works are to be completed before the issue of the Occupation Certificate.

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.

50. ONG7004 - Building - Noise levels emitted from the mechanical exhaust system or any air conditioning unit must not exceed the background noise level when measured at any point on the boundary of the site.

51. 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.

52. ONG2003 - Development Assessment - Maintenance of Landscaping - All trees and plants forming part of the landscaping must be maintained on an ongoing basis. Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilizing, pest and disease control and any other operations required to maintain healthy trees, plants and turfed areas.

53. ONG3002 - Development Engineering - Notification of Unit Numbers - On the issue of any Strata Certificate the Accredited Strata Certifier shall submit to Council a list of the unit numbers and there corresponding lot numbers.

54. ONG3004 - Development Engineering - Conditions relating to future Strata Subdivision of Buildings

No approval is expressed or implied for the subdivision of the subject building(s). For any future Strata subdivision, a separate Development Application or Complying Development Certificate shall be approved by Council or an Accredited Certifier.

Prior to the issue of any Strata Certificate of the subject building(s) the following conditions shall be satisfied:

(a) Unit Numbering

Apartment type numbers shall be installed adjacent or to the front door of each unit.

The unit number shall coincide with the strata plan lot numbering.

(b) Car Parking Space Marking and Numbering

Each basement car space shall be line marked with paint and numbered in accordance with the strata plan lot numbering.

“Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces prior to the issue of any Strata Certificate.

(c) Designation of Visitor Car Spaces on any Strata Plan

Any Visitor car spaces shall be designated on the final strata plan as "Visitor Parking - Common Property".

(d) Allocation of Car Parking Spaces, Storage Areas and Common Property on any Strata Plan

i. All car parking spaces shall be created as a part lot of the individual strata’s unit lot in any Strata Plan of the subject building.

ii. All storage areas shall be created as a part lot of the individual strata’s unit lot or a separate Utility Lot (if practical) in any Strata Plan of the subject building.

iii. The minimum number of parking spaces required to be allocated as a part lot to each individual strata’s unit lot shall be in accordance with the car parking requirements of Council's Development Control Plan and as required by the relative development consent for the building construction.

iv. No parking spaces shall be created as an individual strata allotment on any Strata Plan of the subject building unless these spaces are surplus to the minimum number of parking spaces required.

If preferred the surplus car spaces shall be permitted to be created as separate Utility Lots, (instead as a part lot of the individual strata’s unit lot), in accordance with Section 39 of the Strata Schemes (Freehold Development) Act 1973.

The above requirements regarding car parking spaces and storage areas may only be varied with the conditions of a separate Development Application Approval for Strata Subdivision of the Building(s).

(e) On Site Detention Requirements

The location any on-site detention facility shall be shown on the strata plan and suitably denoted.

(f) Creation of Positive Covenant

A Positive Covenant shall be created over any on-site detention facility by an Instrument pursuant to Section 88B of the Conveyancing Act 1919, with the covenant including the following wording:

"It is the responsibility of the Owner's Corporation to keep the on-site detention facilities, together with any ancillary pumps, pipes, pits etc, clean at all times and maintained in an efficient working condition. The on-site detention facilities shall not be modified in any way without the prior approval of Hurstville City Council."

Hurstville City Council is to be nominated as the Authority to release, vary or modify this Covenant.

55. ONG3005 - Development Engineering - Additional requirements for the issue of a Strata Certificate - In addition to the statutory requirements of the Strata Schemes (Freehold Development) Act 1973 a Strata Certificate must not be issued which would have the effect of:

(a) The removal of any areas of common property shown upon the approved Development Application plans and allocated to any one or more strata lots,

(b) The removal of any visitor parking spaces from the strata scheme and allocated to any one or more strata lots , or

(d) Under no circumstances shall any future Strata By-Laws be created to grant exclusive use of nominated Visitors Parking spaces to occupants/owners of units or tenancies within the building.

Note: This condition has been imposed to ensure that: (a) common property is not alienated from the strata scheme and assigned to any one or more strata lots, (b) visitor parking is not alienated from the strata scheme and assigned to any one or more strata lots such that visitors would be restricted from lawful access and use of required visitor parking, (c) parking spaces and storage areas are not strata subdivided as separate strata lots which may be sold with full strata title rights as a parking space or storage area lot, reducing available parking and storage to strata lots and visitors required to reduce demand for on-street public parking.

56. ONG3006 - Development Engineering - Ongoing maintenance of the on-site detention system - The Owner(s) must in accordance with this condition and any positive covenant:

(a) Permit stormwater to be temporarily detained by the system;

(b) Keep the system clean and free of silt rubbish and debris;

(c) If the car park is used as a detention basin, a weather resistant sign must be maintained in a prominent position in the car park warning residents that periodic inundation of the car park may occur during heavy rain;

(d) Maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council;

(e) Carry out the matters referred to in paragraphs (b) and (c) at the Owners expense;

(f) Not make any alterations to the system or elements thereof without prior consent in writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly;

(g) Permit the Council or its authorised agents from time to time upon giving reasonable notice (but at any time and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant;

(h) Comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice;

(i) Where the Owner fails to comply with the Owner’s obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner’s cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations;

(j) Indemnify the Council against all claims or actions and costs arising from those claims or actions which Council may suffer or incur in respect of the system and caused by an act or omission by the Owners in respect of the Owner’s obligations under this condition.

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.

57. ADV7001 - Building - Council as PCA - Deemed to Satisfy Provisions of BCA - Should the Council be appointed as the Principal Certifying Authority in determining the Construction Certificate, the building must comply with all the applicable deemed to satisfy provision of the BCA. However, if an alternative solution is proposed it must comply with the performance requirements of the BCA, in which case, the alternative solution, prepared by an appropriately qualified fire consultant, accredited and having specialist qualifications in fire engineering, must justify the non-compliances with a detailed report, suitable evidence and expert judgement. Council will also require if deemed necessary, for the alternative solution to undergo an independent peer review by either the CSIRO or other accredited organisation. In these circumstances, the applicant must pay all costs for the independent review.

58. 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:

a) Mechanical ventilation for the carpark exhaust system.

b) Firefighting services and equipment including hydrant system, mechanical air handling system, portable fire extinguishers, emergency lights, exit signs, smoke hazard management & warning systems, etc.

c) Fire resistance levels of all building elements including walls, floors, columns, roof, etc.

d) Fire compartmentation and separation.

e) Sanitary facilities for employees shall be provided in accordance with Table F2.1 of the BCA

f) The protection of openings shall comply with Part C3.4 and Table C3.3 of the BCA

g) Mechanical ventilation details to internal sanitary compartments.

h) Provisions for escape shall be in accordance with Parts D1.2, D1.3 and D1.4 of the BCA.

i) Design of require exit stair must demonstrate compliance with the BCA.

j) Sound transmission and insulation details.

k) Disabled access that complies with the BCA, the Premises Standards and with AS 1428.1.2009

Certified Alternative fire engineering reports where required.

59. ADV7005 - Building - Energy Efficiency Provisions - Should Council be appointed as the Principal Certifying Authority, a report prepared and endorsed by an Energy Efficiency Engineer or other suitably qualified person must be submitted, detailing the measures that must be implemented in the building to comply with Section J of the BCA. The proposed measures and feature of the building that facilitate the efficient use of energy must be identified and detailed on the architectural plans. At completion of the building and before the issue of an Occupation Certificate, a certificate certifying that the building has been erected to comply with the energy efficiency provisions must be submitted to the Principal Certifying Authority.

60. ADV7006 - Building - Compliance with Access, Mobility and AS4299 - Adaptable Housing - Should the Council be appointed as the Principal Certifying Authority, the Construction Certificate application must be accompanied by detailed working plans and a report or a Certificate of Compliance from an Accredited Access Consultant certifying that the building design and access to the adaptable units complies with Development Control Plan No 1 - LGA Wide - Section 3.3 Access and Mobility and AS 4299 Adaptable Housing.

61. 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.

62. 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.

63. 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.

64. 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.

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

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

Schedule C – Operational & Statutory Conditions

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

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

67. 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.

68. 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.

69. 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.

70. 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.

71. 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.

72. 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.

73. 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 of 5-7 Richards Ave, Peakhurst, click here.

APPENDICES

Appendix View1	Location Map - 5 - 7 Richards Ave Peakhurst
Appendix View2	Site Photo - 5 - 7 Richards Ave Peakhurst
Appendix View3	Zoning and Department of Housing Ownership - 5 - 7 Richards Ave Peakhurst
Appendix View4	Floor Space Ratio Map - 5 - 7 Richards Ave Peakhurst
Appendix View5	Site Plan - 5 - 7 Richards Ave Peakhurst
Appendix View6	Elevations - 5 - 7 Richards Ave Peakhurst
Appendix View7	Montage - 5 - 7 Richards Ave Peakhurst
Appendix View8	External Finishes - 5 - 7 Richards Ave Peakhurst
Appendix View9	Roof Plan - 5 - 7 Richards Ave Peakhurst
Appendix View10	Winter and Summer Solstice Diagrams - 5 - 7 Richards Ave Peakhurst
Appendix View11	Revised Landscape Plans - 5 - 7 Richards Ave Peakhurst
Appendix View12	Stormwater Concept Plan - 5 - 7 Richards Ave Peakhurst
Appendix View13	Company Extract - Applicant and Owner - 5 - 7 Richards Ave Peakhurst (Confidential)

Hurstville City Council – Council Meeting Wednesday, 4 February 2015

CCL474-15 924 Forest Rd Peakhurst - Section 82A Review of Determination - Construction of Multi Dwelling Housing and Strata Subdivision

Applicant	Osti Stojanovski
Proposal	Section 82A Review of Determinaton - Demolition of the existing structures, construction of three (3) x three (3) bedroom and one (1) x two (2) bedroom dwellings as multi dwelling housing and front fence, and strata subdivision into four (4) allotments
Owners	Stoj and Co Pty Ltd
Report Author/s	Team Leader Major Projects, Ms L Locke
File	REV2014/0015
Previous Reports Referenced	CCL208-14 - Council - 06 Aug 2014 7:00pm
Disclosure of Political Donations or Gifts	No
Zoning	Zone R2 – Low Density Residential
Existing Development	Single storey dwelling house with outbuildings
Cost of Development	$1,000,000.00
Reason for Referral to Council	Section 82A Review of Council Decision
Planning Instruments Applicable	Hurstville Local Environmental Plan 2012, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Development Control Plan No 1 – LGA Wide
Hurstville Local Environment Plan Interpretation of Use	Multi Dwelling Housing

EXECUTIVE SUMMARY

1. The application is a Section 82A Review of Determination of Council’s refusal of development application DA2014/0420 which sought approval for the demolition of the existing structures, construction of three (3) x three (3) bedroom and one (1) x two (2) bedroom dwellings as multi dwelling housing and front fence, and strata subdivision into four (4) allotments.

2. The proposed development has been amended as part of this application by deleting the attic level of the rear dwelling so that it is single storey only

3. The proposed development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and mostly complies with the exception of the window setback to the driveway

4. The application was notified to fifteen (15) residents/owners in accordance with Council’s requirements and no submissions were received in reply.

AUTHOR RECOMMENDATION

THAT Council rescind its original decision and approve the application in accordance with the conditions included in the report.

REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks a review of Council’s previous refusal for the demolition of the existing structures, construction of three (3) x three (3) bedroom and one (1) x two (2) bedroom dwellings as multi dwelling housing and front fence, and strata subdivision into four (4) allotments.

This review application is substantially the same as the previous application with the exception of the rear dwelling – Dwelling 4. As part of the previous application Dwelling 4 incorporated habitable rooms within an attic.

This review application proposes that Dwelling 4 is single storey in nature and does not have any attic or other habitable roof space.

Dwellings 1 and 2

Dwellings 1 and 2 are two (2) storey townhouses and have a similar floor plan. On the ground floor each dwelling will have a double garage, living room, dining room, kitchen, laundry and wc. A courtyard is provided to each dwelling adjoining the northern (side) boundary.

On the first floor the dwellings will contain three (3) bedrooms with ensuite and walk-in-robe to the master bedroom, bathroom, and games area. A balcony is located on the front elevation of Dwelling 1 facing Forest Road with access off the master bedroom.

Dwelling 3

Dwelling 3 is a villa with an attic area. The ground floor of the dwelling will have a double garage, living room, dining room, kitchen, bathroom/laundry and study/media room. A courtyard is provided for the dwelling adjoining the northern (side) boundary.

In the attic level the dwelling will contain three (3) bedrooms with ensuite and walk-in-robe to the master bedroom, and bathroom.

Dwelling 4

Dwelling 4 is a single storey villa with two (2) bedrooms. A courtyard is provided for the dwelling adjoining the western (rear) boundary.

Front Fence

A front fence is proposed to the front boundary of the site adjoining Forest Road. The fence will be 1700mm high and comprise metal bars. There will be a solid return on the fence which will contain the letterboxes for the dwellings. This solid fence will be 1700mm high and be constructed of masonry blocks or rendered concrete.

Strata Subdivision

The application seeks permission to strata subdivide the development into four (4) strata allotments. Each dwelling will have designated car parking spaces and open space area with the driveway area, visitor car space, and the landscaped open space located at the front of the site being common property.

HISTORY

16 Dec 13 Development application DA2013/0420 for demolition of existing structures, construction of three (3) x three (3) bedroom and one (1) x two (2) bedroom dwellings as multi dwelling housing and front fence and strata subdivision into four (4) allotments was lodged

6 Aug 14 Council refused development application DA2013/0420 for the following reasons:

1. The application does not comply with the intent of the Development Control Plan No 1 - LGA Wide.

2. The proposed development is considered unsatisfactory, pursuant to the provisions of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act, as it does not comply with the definition of attic as the proposal is not considered to be contained wholly within the roof space.

3. The proposed development pursuant to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act is considered unsatisfactory in term of the objectives of the Development Control Plan No 1 - LGA Wide - Section 4.3 2.3 Building form and style.”

25 Nov 14 Current Section 82A Review lodged REV2014/0015

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the western side of Forest Road between Isaac Street and Belmore Road Peakhurst. The site is irregular with a splay at the rear of the site. The site has a frontage of 15.85m, a rear boundary of 5.585m and a site area of 1018sqm. The site is relatively flat. Existing on the site is a single storey dwelling house with detached outbuildings. The site contains twelve (12) trees of various species and sizes predominantly located at the rear of the site and one (1) street tree is located at the front of the site. The trees located on the site are proposed to be removed to accommodate the proposed development.

Adjoining the site on Forest Road on the northern boundary is a single storey dwelling house with detached outbuildings. Adjoining the site on the southern boundary is a dual occupancy development which contains one (1) dwelling at the front of the site facing Forest Road and the second dwelling being at the rear of the site. Adjoining the site at the rear are dwelling houses. On the opposite side of Forest Road is Grandviews Bowling and Recreation Club. The area surrounding the subject site is characterised by one (1) and two (2) storey dwelling houses, dual occupancy developments and the Bowling and Recreation Club.

COMPLIANCE AND ASSESSMENT

SECTION 82A OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

Section 82A (4) states that Council may review a determination if:

(a) it has notified the request for review in accordance with the regulations, if the regulations so require, or a development control plan if the council has made a development control plan that requires the notification or advertising of requests for the review of its determinations.

Comment: The request for review was notified in accordance with Development Control Plan No 1.

(b) it has considered any submissions made concerning the request for review.

Comment: The amended proposal was notified in accordance with Council’s requirements and no submissions were received in response.

(c) in the event that the applicant has made amendments to the development described in the original application, the consent authority is satisfied that the development as amended is substantially the same development as the development described in the original application.

Comment: Although the proposal has been amended it is considered to be substantially the same development as that described in the original application. The proposed development remains multiple dwelling development.

The only amendment to the proposal is the deletion of the attic space in Dwelling 4 so that the dwelling reads completely as a single storey dwelling.

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

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	Yes
1.4 - Definitions	Multi dwelling housing	The proposed development is defined as multi dwelling housing	Yes
2.3 - Zone objectives and Land Use Table	Meets objectives of R3 Zone Development must be permissible with consent	Meets objectives and is a permissible development with consent	Yes
2.6 - Subdivision	Subdivision is permissible with consent	Strata subdivision is sought with this application	Yes
2.7 - Demolition	Demolition is permissible with consent	Demolition proposed	Yes
4.3 – Height of Buildings	9m as identified on Height of Buildings Map	<9m	Yes
4.4 – Floor Space Ratio	0.6:1 as identified on Floor Space Ratio Map	0.52:1	Yes
4.5 – Calculation of floor space ratio and site area	FSR and site area calculated in accordance with Cl.4.5	FSR and site area calculated as per requirements	Yes
5.9 – Preservation of Trees or Vegetation	Trees to be removed are specified in DCP1	Twelve (12) trees located on the site are to be removed to accommodate the proposed development. Details in the DCP1 section of this report.	Yes
6.7 – Essential Services	Development consent must not be granted to development unless services that are essential for the development are available	Essential services are available to the development	Yes

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

There are no draft environmental planning instruments that apply to the development application.

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 buildings affected by the proposal.

3. Development Control Plans

The proposal has been assessed under the relevant sections of Development Control Plan No 1 as follows.

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

The extent to which the proposed development complies with Section 3.1 Car Parking is detailed and discussed in the table below.

Section 3.1	Standard	Proposal	Complies
3.1.4.1 - Resident parking	3 or more bedroom – 2 spaces (3 dwellings proposed) = 6 1 or 2 bedroom – 1 space (1 dwelling proposed) = 1 Total required = 7 spaces	7	Yes
3.1.4.1 -Visitor parking (4 or more dwellings)	1 space per 4 dwellings or part thereof (4 dwellings proposed) = 1	1	Yes
3.1.4.2 –Dimension of car spaces, car parking layout, circulation, egress and egress	Compliance with AS2890.1 2004 and AS2890.2	Complies	Yes
3.1.4.3 – Stencilling of driveways	Finished with plain concrete	To be provided as plain concrete	Yes subject to condition of consent
3.1.4.4 – Ramps transitions, driveways	Ramp grades to comply with AS2890.2 2004, Part 2 Longitudinal section 1:20 to be provided with development application	Complies	Yes
3.1.4.5 - Basement car parking	- Underground parking to be located under building footprint - Minimise visual impact on street -Mechanical ventilation and exhaust shafts to be illustrated in plans	Basement not proposed	N/A
3.1.4.6 – Parking for people with a disability	Compliance with AS1428 – Design for access and mobility and AS2890.6	N/A	N/A
3.1.4.4 - Car washing area for4 or more dwellings	1 space (which can be a visitor space)	Not shown but can be provided in the visitor space	Yes

As can be seen from the table above, the proposal complies with Section 3.1.

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

Section 3.4	Standard	Proposal	Complies
Fencing	Allows natural surveillance to street	Proposed fencing is satisfactory	Yes
Blind Corners	To be avoided	No blind corners evident	Yes
Communal Areas	Provide opportunities for natural surveillance	Private open space area is visible from each dwelling	Yes
Entrances	Clearly visible and not confusing	Entrance to each dwelling is visible	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 of the site is available from the dwellings. Surveillance of street is available from the dwellings where possible.	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 · Vegetation used as a barrier for unauthorised access	Landscaping proposed is appropriate; however a landscape plan prepared by a landscape architect is required as a condition of consent.	Yes, subject to condition of consent
Lighting	· Diffused/movement sensitive lighting provided externally · Access/egress points illuminated · No light-spill towards neighbours · Hiding places illuminated · Lighting is energy efficient	These requirements can be conditions of consent	Yes, subject to conditions of consent
Building Identification	· Clearly numbered buildings · Entrances numbered · Unit numbers provided at entry	House number requirement can be a condition of consent.	Yes, subject to condition of consent
Security	Provide an appropriate level of security for each dwelling and communal areas	Appropriate level of security provided for the dwellings	Yes
Ownership	Use of fencing, landscaping, colour and finishes to imply ownership	Ownership implied	Yes

As can be seen from the table above, the proposal complies with Section 3.4.

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

A BASIX Certificate has been submitted with the application which shows that the proposed development meets the minimum target scores.

The proposed development also complies with the requirements of Development Control Plan No 1 in terms of solar access to adjoining developments in that these dwellings will receive at least 3 hours solar access to the principal private open space area and any windows located on the side elevations that adjoin the subject site.

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

The subject site can drain to the street and appropriate conditions of consent are provided in the recommendation, should consent be granted.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.8 FENCES ADJACENT TO PUBLIC ROADS

A front fence is proposed to the front boundary of the site adjoining Forest Road. The fence will be 1700mm high and comprise metal bars. There will be a solid return on the fence which will contain the letterboxes for the dwellings. This solid portion of fence will be 1700mm high and be constructed of masonry blocks or rendered concrete. The proposed fence is consistent with the objectives of Development Control Plan No 1.

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

The Waste Management Plan submitted with the application is consistent with the requirements of Development Control Plan No 1.

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

There are twelve (12) trees located on the site which are to be removed to accommodate the proposed development. The original development application was accompanied by an Arborist’s Report (prepared by Jacksons Nature Works, dated 10 October 2012) which concludes that the trees can be removed as they are considered to be of low significance or within the footprint of the proposed development. The removal of each tree is subject to its replacement with several trees as per the recommendations of the Arborist’s Report. Council’s Tree Management Officer has reviewed the report and has advised that no objection is raised subject to conditions of consent. The street tree located at the front of the site will be retained and protected during construction.

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

Section 4.3

Standard

Proposed

Complies

Residential Density (Floor Space Ratio)

HLEP 2012 (clause 4.4):

Max. FSR = 0.6:1

Proposed GFA = 534sqm

FSR = 0.52:1

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

15.85m

Sufficient levels of solar access to neighbouring dwellings

The proposal does not generate any unacceptable material privacy impacts

Yes

4.3.2.2 Streetscape

Must not diminish the quality of the streetscape

The proposed development is considered to compatible with the existing and future desired streetscape. It is compatible with the existing streetscape in terms of bulk and scale

Yes

4.3.2.3 & 4.3.2.4 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

Roofs:

Roof pitch to be between 22° and 35° and 45° for attics

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

Complies with building envelope

Dwellings at the front of the site are <9m

Dwelling at rear of site is <6m

- No excavation proposed

Roof pitch is 22.5° for townhouses and up to 45° for attics

Walls are appropriately articulated

2 and 1 storeys for front dwellings

1 storey for rear most dwelling

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)

4.5m

Complies with side setback requirements

Complies with building envelope for rear setback

Yes

4.3.2.6 Car Parking and Access

Residential parking:

3 bedrooms or more -

2 spaces per dwelling = 6 spaces

1 or 2 bedrooms – 1 space per dwelling = 1 space

Visitor parking:

4 dwellings or more:

1 space per 4 dwellings or part thereof = 1 space

Driveway:

· Min. 1.5m setback from windows to main habitable rooms of dwellings, except on first floor

· Site width < 20m: Driveways must not occupy more than 40% of the width of the site

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

7 spaces provided

1 visitor space provided

Windows to main habitable rooms mostly setback more than 1m and as much as is practical.

Complies

Garages are located behind the building line

Yes

No (1)

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

Complies

Yes – condition is recommended for highlight window or obscured glazing for first floor games rooms of Dwellings 1 and 2

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

Complies

Yes

4.3.2.9 Fences at the Front Boundary

Max. 1m height for solid fences and walls fronting public space

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

1.8m high fence (with openings that are 50% transparent) may be considered for fence to principal private open space to public space (street)

- Front fence is 1.7m of open construction

- No principal private open space forward of the building line

Yes

4.3.2.10 Landscape

Site = 1018sqm

Landscaped open space:

Min. 20% of site area with minimum width of 2m = 203.6sqm

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

Approx. 280sqm (27.5%) of landscaped open space

Landscaping in front of front setback area is appropriate

Yes

4.3.2.11 Private Open Space

3 bedrooms or more:

· Min. 60sqm

· 3m in all directions

· Principal private open space = 4m x 6m, max. grade of 1 in 20 and must be accessible form main living area

1 or 2 bedrooms:

· Min. 50sqm

· 3m in all directions

· Principal private open space = 4m x 4m, max. grade of 1 in 20 and must be accessible form main living area

Dwelling 1 = 62.9sqm (min. 3m and 4m x 6m)

Dwelling 2 = 60sqm (min. 3m and 4m x 6m)

Dwelling 3 = 60.5sqm (min. 3m and 4m x 6m)

Dwelling 4 = 50.8sqm (min. 3m and 4m x 6m)

Yes

4.3.2.12 Site Services

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

Storage:

6 cubic metres per dwelling

Communal outdoor clothes drying facilities:

To be visually screened from the street

- Can be provided

>6 cubic metres per dwelling

No communal clothes drying facilities 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 is to the street via gravity

Yes

(1) Car parking and access

The Development Control Plan requires windows of habitable rooms on the ground floor to be setback 1.5m from shared driveways. This proposal does not achieve this for all rooms. The living areas of Dwellings 1, 2 and 3 have windows within 1m of the driveway, however outside these rooms there is garden space which will provide some privacy. These rooms also all have another window servicing them which looks into private open space. Further to this, the amenity impact is considered to be minor as the driveway is only shared amongst four (4) dwellings.

Residential Density

The original Development Application that this review of determination is the subject of, was lodged prior to 2 April 2014. Therefore, the savings provisions adopted by Council in relation to the requirement of 315sqm per dwelling density still apply.

Hence the density provisions are not relevant to this application and do not form part of the consideration of any determination.

4. Impacts

Natural Environment

The proposed development is unlikely to have an adverse impact on the natural environmental. There are twelve (12) trees located on the site which are to be removed to accommodate the proposed development. The removal of each tree is subject to its replacement with several trees. Council’s Tree Management Officer has reviewed the report and has advised that no objection is raised subject to conditions of consent being attached to any consent granted.

Built Environment

The proposed development is unlikely to have an adverse impact on the built environment. The proposed development complies with the objectives of the Development Control Plan and mostly complies with the numerical requirements of the relevant planning instruments and Development Control Plans and as such is consistent with a type and scale of development envisaged by the requirements. The proposed development is unlikely to result in privacy and solar access impacts to adjoining developments as consideration has been given to the location of windows and the provision of solar access.

Social Impact

No adverse impacts.

Economic Impact

No impact.

Suitability of the Site

The proposed development has no impediments that preclude it from being developed for the proposed development.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

The application was notified/advertised to fifteen (15) residents/owners in accordance with Council’s requirements and no submissions were received.

Council Referrals

Council’s Team Leader Subdivision and Development and Tree Management Officer raised no objection to the original application subject to conditions of consent being attached to any consent granted.

6. CONCLUSION

This Section 82A Application seeks review of the refusal of Development Application No DA2014/0420 for a new multiple dwelling development. The development has been amended from that previously considered to delete the attic space on the rear dwelling to ensure it is single storey only. The development, as amended, mostly complies with the requirements of the relevant planning instruments and Development Control Plans. No submissions were received following resident notification. Accordingly, the application is recommended for approval subject to conditions of consent.

DETERMINATION

Pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act, as amended, the determination of Development Application No DA2014/0420 refused on 6 August 2014 for demolition of the existing structures, construction of three (3) x three (3) bedroom and one (1) x two (2) bedroom dwellings as multi dwelling housing and front fence, and strata subdivision into four (4) allotments is rescinded and approved as per the amendments proposed in REV2014/0015 subject to the following conditions:

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

Reference No.

Date

Description

Revision

Prepared by

DA000, 001,

002,

003,

004,

100,

101,

102,

103,

104,

105,

106,

107,

108,

201,

202,

203,

204,

205,

301,

604,

704,

706,

707,

711

19/11/14

Perspective and drawing list, Preliminary notes and specifications

BASIX compliance notes 1,

BASIX compliance notes 2,

Nathers certificate,

Site/roof plan,

Overall floor plans,

Overall first and attic floor plans,

Unit 1and 2 ground floor plan,

Unit 1 and 2 first floor plan,

Unit 3 ground floor plan,

Unit 3 attic floor plan,

Unit 4 ground floor plan,

Unit 4 attic floor plan,

Overall elevations,

Unit 1 and 2 north and east elevations,

Unit 1 and 2 south and west elevations,

Unit 3 elevations,

Unit 4 elevations,

Overall sections,

External finishes schedule,

Soil and sediment control pan,

Front fence details,

Front fence details 01,

Car turntable details

Charisma Group

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	$1,925.00	13 Dec 13	2011778
Plan First Fee	X	$640.00	13 Dec 13	2011778
Notification Fee	X	$226.00	13 Dec 13	2011778
DA Advertising Fee	X	$1,105.00	13 Dec 13	2011778
Long Service Levy		$3,500.00
Builders Damage Deposit		$1,500.00
Inspection Fee for Refund of Damage Deposit		$135.00
S94 Residential (Community Facilities)		$6,708.33
S94 Residential (Open Space, Recreation, Public Domain)		$47,433.39

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

Subdivision Application Fee	X	$590.00	13 Dec 13	2011778
Subdivision Certificate Fee		$692.00
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		$2,200.00
Construction Certificate Application Fee		$2,200.00
Construction Certificate Imaging Fee		$172.00

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

a. Amount of Contribution

Contribution Category Amount

Community Facilities $6,708.33

Open Space, Recreation and Public Domain Facilities $47,433.39

Total: $54,141.72

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

c. Timing and Method of Payment

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

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 https://online.longservice.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: $135.00.

(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.

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

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 www.hurstville.nsw.gov.au/Forms . For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

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

To apply for approval, complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Hurstville Council’s Website at www.hurstville.nsw.gov.au/Forms 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.

9. APR6005 - Engineering - Vehicular Crossing - Extension of Council’s drainage system - Council’s drainage system is to be extended southerly from the existing gully pit in front of 922 Forest Road to terminate directly in front of the development site. A 375mm diameter (minimum) pipeline is to be used and a kerb inlet pit with a 1.8 metre (minimum length) lintel shall be constructed directly in front of the development site for connection of stormwater to be disposed of from the development.

A Section 138 Drainage Application under the Roads Act is to be approved by Council prior to the issue of a Construction Certificate. Construction of the pipeline is to be completed prior to covering the roof structure to provide an outlet for roof runoff.

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

10. 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 Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Coordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

Following application 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.

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

12. CC2004 - Development Assessment - Design Changes - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.

(a) The windows located on the first floor southern elevation of the dwellings is to contain translucent glazing to a minimum 1.5m form the finished floor level of the room. The glazing above this can be clear. This condition has been imposed to reduce privacy impacts to adjoining developments. Details to be shown on the Construction Certificate.

(b) The window on the first floor games rooms for Dwellings 1, 2, and 3 is to contain translucent glazing to a minimum 1.5m form the finished floor level of the room. The glazing above this can be clear. This condition has been imposed to reduce privacy impacts to adjoining developments. Details to be shown on the Construction Certificate.

13. 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.

14. CC2008 - Development Assessment - Landscape Plan - A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted prior to the issue of the Construction Certificate. The plan must include:

(a) Location of existing and proposed structures on the site including existing trees (if applicable);

(b) Details of earthworks including mounding and retaining walls and planter boxes (if applicable);

(d) Details of planting procedure and maintenance;

(e) Details of drainage and watering systems.

15. CC2003 - Development Assessment - Construction Site Management Plan - A Construction Site Management Plan must be submitted with the application for the Construction Certificate, and must include the following measures:

· location of protective site fencing;

· location of site storage areas/sheds/equipment;

· location of building materials for construction, e.g. stockpiles

· provisions for public safety;

· dust control measures;

· method used to provide site access location and materials used;

· details of methods of disposal of demolition materials;

· method used to provide protective measures for tree preservation;

· provisions for temporary sanitary facilities;

· location and size of waste containers/skip bins;

· details of proposed sediment and erosion control measures;

· method used to provide construction noise and vibration management;

· construction traffic management details.

The site management measures are to be implemented prior to the commencement of any works including demolition and excavation. The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity. A copy of the Construction Management Plan must be retained on site and is to be made available upon request.

16. CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 445285M_03 dated 8 December 2013, approved with the Development Consent No DA2013/0420, must be implemented on the plans lodged with the application for the Construction Certificate.

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

All stormwater shall drain by gravity to the upper level of the kerb inlet pit required to be constructed directly in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

18. CC3004 - Development Engineering - Stormwater Drainage Plans (By Engineer Referral Only) - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

19. CC5002 - Trees - Tree Protection and Retention - The following trees shall be retained and protected:

(a) The street tree located at the front of the site on the public nature strip.

20. CC5003 - Trees - Tree Removal and Replacement - Private Land - Permission is granted for the removal of the following trees:

(a) All trees located on the site.

Twelve (12) trees selected from the list of suitable species in the Hurstville City Council’s Tree Removal and Pruning Guidelines must be replanted within the front/rear yard of the subject site. Trees are to be replanted a minimum of 3m away from any driveway, building or structure. Details of these trees are to be provided in the landscape plan prepared by a qualified landscape architect.

The selected trees shall have a minimum pot size of 75L. A copy of Hurstville Council’s Tree Removal and Pruning Guidelines, can be downloaded from Council’s website www.hurstville.nsw/Residents/Tree-Management

21. 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).

22. 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) stabilizing works

(j) structural framework

23. CC8001 - Waste - Waste Management Plan - A Waste Management Plan incorporating all requirements in respect of the provision of waste storage facilities, removal of all materials from the site that are the result of site, clearing, extraction, and, or demolition works and the designated Waste Management Facility shall be submitted to the Principal Certifying Authority and copy provided to the Manager Environmental Services, Hurstville City Council prior to the issue of any Construction Certificate.

24. CC8002 - Waste - Waste Storage Containers - Home Units (Residential Flat Development) - The following waste and recycling facilities will be required:

Domestic Waste:- 1 x 120 litre Mobile Garbage Bins (MGBs) per dwelling;

Domestic Recycling:- 1 x 240 litre MGBs per dwelling.

Green Waste: - 1 x 240 litre MGBs per dwelling.

All waste and recycling containers shall be stored in an approved waste storage area that is large enough to store the required number of bins.

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.

25. 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.

26. 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

27. PREC2008 - Development Assessment - Demolition Notification Requirements - The following notification requirements apply to this consent:

28. 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.

29. 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.

30. PREC7001 - Building - Registered Surveyors Report - During Development Work - A report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

(a) Set out before commencing excavation.

(b) Floor slabs or foundation wall, before formwork or commencing brickwork.

(e) Completion of any Pool Formwork - Before concreting of pool shell, detailing the location of the pool relative to the adjacent boundaries and its height relative to the datum shown on the approved plans.

(f) Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.

(g) Completion of all Work - Detailing the location of the structure (including eaves / gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey must indicate the reduced level of the main ridge.

(h) Other.

Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

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.

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

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

33. CON5001 - Trees - Tree Removal on Private Land - The trees identified as ‘to be removed/pruned’ on the approved plans or by conditions of this consent shall be removed in accordance with AS4373-2007 Pruning of Amenity Trees and the Trees Work Industry Code of Practice (WorkCover NSW, 1998).

34. 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.

35. 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.

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.

36. OCC6001 - Engineering - Vehicular crossing - Minor development - The vehicular crossing and/or footpath works shall be constructed by a private contractor at the expense of the beneficiary of this consent, in accordance with the Vehicular Crossing Approval issued by Council’s Engineering Services Division and in accordance with Council’s Specification for Vehicular Crossings and Associated Works and the issued.

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.

Please Note: No stencilled or coloured concrete may be used outside the boundary of the property.

The work must be completed before the issue of an Occupation Certificate.

37. OCC2004 - Development Assessment - BASIX Compliance Certificate - A Compliance Certificate must be provided to the Principal Certifying Authority regarding the implementation of all energy efficiency measures as detailed in the BASIX Certificate No. 445285M_03 dated 8 December 2013, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

38. OCC2005 - Development Assessment - Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

39. OCC2007 - Development Assessment - Allocation of car parking spaces - Car parking associated with the development is to be allocated as follows:

(a) Residential dwellings: Two (2) spaces per dwelling as per the approved plans

(b) Residential visitors: One (1) space

PRIOR TO THE ISSUE OF THE SUBDIVISION 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 Subdivision Certificate.

40. SUBS9001 - Subdivision - Completion of Site Works - The following works shall be completed on site and documentation submitted prior to the issue of the Subdivision Certificate:

(a) Construction Requirements

The structures of the building(s) that define the boundaries of all parts of the Strata Lots, including the Common Property shall be constructed in accordance with the approved plans and conditions of Development Consent No DA2013/0420.

This shall include the completion of all internal driveways/ramps and hardstand areas for car spaces on the site prior to the issue of the Strata Certificate.

(b) Unit Numbering

Permanent apartment type numbers shall be installed in a prominent position adjacent to the entrance of each unit.

Each unit shall be numbered in accordance with the strata plan lot numbering prior to the issue of the Strata Certificate.

Separate letterboxes, for each unit and the Owner's Corporation, shall be provided with permanent type numbers to be installed to each letterbox prior to the issue of the Strata Certificate.

(d) Street Number

The street number 924 is to be displayed in a prominent location in the front of the site prior to the issue of the Strata Certificate.

(e) Visitor Parking Sign

“Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces prior to the issue of the Strata Certificate.

(f) Courtyard Fencing

All courtyard fencing is to be completed on site prior to the issue of the Strata Certificate.

(g) Compliance Certificate from Sydney Water

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 Co-ordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Co-ordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

Following application, 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 Co-ordinator, 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 Section 73 Certificate must be submitted to Council prior to the issue of the Strata/Subdivision Certificate.

41. SUBS9003 - Subdivision - Requirement for application of a Strata Certificate - Section 37 - To enable the determination of the application for a Strata Certificate by Hurstville City Council or an Accredited Strata Certifier, the applicant must submit the following:

(a) Application for Strata Certificate form duly completed with payment of fees current at lodgement; and

(b) Three (3) copies of the Final Strata Plan prepared by a Registered Surveyor in accordance with the above final Strata Plan requirements

(d) The Original of any relevant 88B instrument plus one (1) copy.

(e) A Section 73 (Sydney Water) Compliance Certificate for the development.

IMPORTANT NOTES:

(i) A Strata Certificate cannot be issued unless all relevant conditions of the development consent that are to be satisfied prior to the issue of the Strata Certificate have been complied with.

(ii) Council will check the consent conditions on the relevant Strata Subdivision consent. Failure to submit the required information will delay endorsement of the plan of subdivision.

(iii) Council will undertake the required inspections to satisfy the requirements of clause 29A of the Strata Schemes (freehold Development) Regulation 2007 to determine the Strata Certificate.

(iv) Strata Plans, Administration Sheets, 88B Instruments and copies must not be folded.

(v) All Strata Plans, Strata Plan Administration Sheets and 88B Instruments shall be submitted to Council enclosed in a protective cardboard tube (to prevent damage during transfer).

42. SUBS9002 - Subdivision - Final Strata Plan Requirements - A final Strata Plan shall be prepared by a Registered Surveyor and include (but not be limited to) the following:

(a) Designation of Visitor Car Spaces on Strata Plan

Visitor car spaces shall be designated on the final strata plan as "Visitor Parking - Common Property".

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.

43. ONG2003 - Development Assessment - Maintenance of Landscaping - All trees and plants forming part of the landscaping must be maintained on an ongoing basis. Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilizing, pest and disease control and any other operations required to maintain healthy trees, plants and turfed areas.

44. ONG3002 - Development Engineering - Notification of Unit Numbers - On the issue of any Strata Certificate the Accredited Strata Certifier shall submit to Council a list of the unit numbers and there corresponding lot numbers.

45. ONG3005 - Development Engineering - Additional requirements for the issue of a Strata Certificate - In addition to the statutory requirements of the Strata Schemes (Freehold Development) Act 1973 a Strata Certificate must not be issued which would have the effect of:

(a) The removal of any areas of common property shown upon the approved Development Application plans and allocated to any one or more strata lots,

(b) The removal of any visitor parking spaces from the strata scheme and allocated to any one or more strata lots , or

(d) Under no circumstances shall any future Strata By-Laws be created to grant exclusive use of nominated Visitors Parking spaces to occupants/owners of units or tenancies within 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.

46. 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.

47. 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.

48. 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.

49. 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.

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

51. 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.

52. 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.

53. 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.

54. 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.

55. 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.

56. OPER1005 - Subdivision Work – Construction Certificate & Appointment of Principal Certifying Authority - Subdivision work in accordance with a development consent cannot commence until:

(a) A Construction Certificate has been issued by the consent authority, the council (if not the consent authority) or an accredited certifier; and

(b) The beneficiary of the consent has appointed a Principal Certifying Authority for the subdivision work.

No later than two (2) days before the subdivision 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 subdivision 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.

57. OPER1006 - Subdivision work – 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 subdivision works.

A Notice of Commencement Form is attached for your convenience.

58. 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.

59. 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.

60. 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 Team Leader Development Assessment Officer, below on 9330-6222 during normal office hours.

For video relating to 924 Forest Rd Peakhurst, click here.

APPENDICES

Appendix View1	Location Map - 924 Forest Rd Peakhurst
Appendix View2	Site Roof Plan - 924 Forest Rd Peakhurst
Appendix View3	Elevation Plan - 924 Forest Rd Peakhurst
Appendix View4	Company Extract - Owner - 924 Forest Rd Peakhurst (Confidential)

Hurstville City Council – Council Meeting Wednesday, 4 February 2015

CCL475-15 60 Walter St Mortdale - Conversion of Garage to Secondary Dwelling with Attached Parking

Applicant	CHD Architects
Proposal	Conversion of garage at the rear of the property to secondary dwelling with attached parking
Owners	Steve and Jasminka Nikolovski
Report Author/s	Development Assessment Officer, Mr D Wooding
File	DA2014/0925
Previous Reports Referenced	No
Disclosure of Political Donations or Gifts	No
Zoning	Zone R2 - Low Density Residential
Existing Development	Single dwelling house and garage
Cost of Development	$52,415.00
Reason for Referral to Council	One (1) variation to DCP1 and unauthorised works
Planning Instruments Applicable	Hurstville Local Environmental Plan 2012, State Environmental Planning Policy No 55 - Remediation of Land, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Development Control Plan No 1 - LGA Wide
Hurstville Local Environment Plan Interpretation of Use	Secondary dwelling

EXECUTIVE SUMMARY

1. This application seeks approval for the conversion of a garage at rear of property to a secondary dwelling with attached parking.

2. Subject to the use being approved, a building certificate will need to be submitted to seek approval for works already undertaken.

3. The application seeks variation to one (1) Development Control Plan No 1 control namely setbacks and is considered satisfactory. There are no changes to footprint of the property.

4. The design changes are relatively modest in scale and impact within the streetscape is acceptable. Conditions are recommended to provide additional fencing / privacy screening ensuring the privacy of neighbours and to secure the retention of the car parking space for the needs of occupants.

5. The proposal is recommended for deferred commencement consent. This will ensure that works comply with the Councils Building Surveyors recommendations.

6. No submissions were received

AUTHOR RECOMMENDATION

THAT the application be granted deferred commencement consent in accordance with the conditions included in the report.

FURTHER THAT the matter be referred to the Manager Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council’s adopted Enforcement Policy.

REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks approval for the conversion of garage at rear of property to secondary dwelling with attached parking.

The secondary dwelling consists of a separate bedroom and bathroom / toilet, a combined kitchen / dining and lounge area and a separate garage adjacent to the living area. Works have commenced to fit out the existing rear garage with internal stud walls, blocking off of existing door and a window, sliding doors and a new patio to the east elevation. New doorway created to Breakwell Street.

There is an entrance onto Breakwell Street as well as access to the garden. From this garden, an access route delineated by steel colorbond fencing has been constructed to allow private access to Walter Street.

HISTORY

ONG2014/0082 / ONG2014/0161- “Order for removal of the colorbond fence to subdivide the premises - remove or demolish unauthorised works that have been carried out in the outbuilding” - Further action suspended to enable DA assessment

28 May 14 Development application lodged with Council.

DESCRIPTION OF THE SITE AND LOCALITY

The site is a roughly rectangular shaped site with a frontage of 11m to Walter Street, and 15.m to Breakwell Street to the rear and an area of 600.9sqm. The site has a fall of 2.5m from west to east.

The site is located on the west side of Walter Street and on the east side of Breakwell Street. Existing on the site is a single storey dwelling house fronting Walter Street and a rear garage fronting Breakwell Street.

Colorbond steel fencing has been constructed parallel with the house and southern boundary to form an access-way from Walter Street to the subject site. This appears to have been constructed under the provisions of exempt development.

Adjoining the site to the south is nearly completed two (2) storey house. To the north of the site is a single storey dwelling house at 58 Walter Street. The area has a residential character.

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 table below details compliance with the relevant Clauses of the Hurstville Local Environmental Plan 2012.

Clause	Standard	Assessment Under HELP 2012
Part 2 – Permitted or Prohibited Development	R2 Low Density Zone	The proposal is defined as a dwelling house and demolition, and is permissible in the zone
	Objectives of the Zone	The proposal complies with the objectives of the zone (1)
4.3 – Height of Buildings	9m as identified on Height of Buildings Map	3.4m - 3m
4.4 – Floor Space Ratio	0.6:1 as identified on Floor Space Ratio Map	GFA of all buildings = 221sqm FSR = 0.36:1
4.5 – Calculation of floor space ratio and site area	FSR and site area calculated in accordance with Cl.4.5	Applied
5.9AA – Trees or Vegetation not prescribed	No significant trees on-site to be removed	Complies
	Matters to which Council must be satisfied	The development achieve the objectives of the zone, and is compatible with the surrounding area
6.5 – Gross floor area of dwelling house	<630sqm 0.6:1	FSR 0.36:1
6.7–Essential Services	Development not to affect Council /essential services	Proposed drainage consistent with Council requirements

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

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

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

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

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

2. Draft Environmental Planning Instruments

There are no applicable draft environmental planning instruments for this application.

3. Development Control Plans

The table below details compliance with the relevant sections of the Hurstville Development Control Plan No 1 - LGA Wide.

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - SECTION 4.5 SECONDARY DWELLINGS

Section 4.5

Standard

Proposed

Complies

4.5

To ensure the occupants are provided with an acceptable standard of independent living.

To ensure a secondary dwelling is secondary in size, scale and nature, and subservient to

the principal dwelling.

To ensure secondary dwellings do not detract from the form, scale and height of development in the streetscape and locality in which it is located.

The proposal provides for an acceptable standard of living accommodation

The secondary dwelling is secondary in size and scale to the principle dwelling

There will be no change to the buildings footprint. The modest changes to raise the roof are consistent with the scale of development in the locality

Yes

4.5.2.1 Height

Limited to 1 storey in height

Min 2.7m maximum 3.6m in height

Building is 1 storey in height

3.4m - 3m

Yes

4.5.2.2

Floor Space

Site area ≤ 630sqm –

Max. FSR = 0.6:1

Max Floor Space 60sqm or 10% of total floor area of principle dwelling

0.36:1

42sqm

(excludes garage)

Yes

4.5.2.3

Setbacks

Min setback 1.2m to all boundaries

North 0.28m

West 0.36 – 2.77m

South 2.74- 3.3m

No (1)

4.5.2.4

Landscaping

Must result in a total landscaped area of 20% of Site Area

41% landscaping front and rear (249.6sqm)

Yes

4.5.2.5

Car Parking

1 Car Parking Space for 1 bedroom unit

1 space provided

Yes

Stormwater Assessment
Existing Stormwater System	Discharges by gravity to Breakwell Street
Proposed Stormwater System	As existing
Stormwater objectives for development type met?	Yes – by gravity
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

(1) Setbacks

Development Control Plan No 1 - LGA Wide - Section 4.5.2.3 specifies that the garage needs be setback from all boundaries by 1.2m to protect the privacy and solar access of adjacent properties. Earlier photographic records indicate the garage was in evidence from at least 2001. The proposal does not result in any changes to the footprint of the garage. Whereas the setbacks are not compliant, there is no additional impact on neighbours privacy or solar access.

Assessment of Building Works

The works to the garage originally came to the Council’s attention as result of a neighbour complaint. The substance of this complaint being loss of privacy, poor design and appearance (an eyesore), noise and disturbance, over-development and loss of the areas character and appearance.

An investigation by the Councils Compliance Team discovered timber stud walls had been constructed within the garages interior, the removal of east facing garage doors (and replacement with a wall and new window), the blocking off of the existing doorway (facing east) and replacement with rear patio doors and patio to the east elevation. Colorbond metal fencing has also been constructed within the rear garden to delineate a separate access-way to the building from Walter Road. A new doorway has been constructed to Breakwell Street.

Originally the garage had two (2) sets of roller shutter doors. The driveway from Walter Street enabled a vehicle to drive through the lot to park into the garage to the rear and the vehicle could also enter and exit from Breakwell Street.

The external garage door (facing east) has been removed and replaced with brickwork, a window and sliding patio doors. The doors open onto a patio 0.4m in height, 2m in width and 1m in depth. The hardstand directly behind the newly installed east facing window and patio doors is still in place although it is proposed this is replaced with grass.

Principle of Secondary Accommodation

As detailed within Section 4.5 of the Development Control Plan No 1, it is recognised the provision of secondary dwellings can provide much needed additional accommodation. It is also recognised that secondary dwellings can result in a more intensive use of subject properties and can result in some change to the character of the area.

The Development Control Plan No 1 sections have been adopted to ensure that the impact of such dwellings, where appropriately sited and designed, have little impact on the amenity of neighbours. Provided these controls are satisfied, secondary dwellings are acceptable.

Parking

The proposal provides for one (1) off street parking space for occupants which is acceptable. However, it is necessary to condition that this parking space is not altered in future without future Council permission.

The proposal also results in the redundancy of the garage for the occupants of 60 Walter Street. However, the main dwelling house has both a carport and substantial hard standing area for the parking for a minimum of two (2) vehicles so the loss of the garage has a negligible impact.

Design and Appearance

There are some changes to the external appearance of the building. The proposal involves the removal of the existing roof and its replacement with a roof 0.5m higher to comply with Development Control Plan standards for minimum floor height. The proposed roof is consistent with the existing roof pitch. The design changes are relatively minor and its appearance remains essentially that of a garage.

The proposal also includes the installation of one (1) new window, sliding patio doors and small patio to the western elevation. These alterations have a negligible impact on the design and appearance of the building.

Loss of Privacy

There are existing flank windows facing south onto 62 Walter Street. There are no ground floor windows at that property and no privacy impact. There is a small first floor flank bedroom window (with a raised sill height) at 62 Walter Street which overlooks the garden at 60 Walter Street. This could result in some loss of privacy to the occupiers of 60 Walter Street, but given the windows size and the sill height, loss of privacy is likely to be minimal.

The fencing along the common boundary with 58 Walter Street is only approximately 1-1.2m in height. Views from the garden and rear patio result in views into this neighbours garden particularly as the patio and garden are elevated. To mitigate overlooking and loss of privacy, an additional privacy screen (1.8m in height and 5.6m in length) is required along the northern boundary. This fence needs to commence at a point parallel with east facing rear wall of the building and tapered to join the existing 1.6m fencing (running north-south).

The boundary fencing between 62A and 60 Walter Street is absent and needs to be replaced with 1.6m high fencing to match existing. This will be conditioned.

4. Impacts

Natural Environment

The proposal is unlikely to impact on the natural environment.

Built Environment

The proposal represents an appropriate design response to the existing built environment.

Social Impact

The proposal will not result in any additional overshadowing to neighbouring properties.

Economic Impact

The proposal results in additional accommodation which is to be welcomed.

Suitability of the Site

The site is appropriate for a secondary dwelling.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Five (5) adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. No submissions were received. However, it is noted that the matter resulted from an initial complaint from the public.

Council Referrals

Environmental Health and Building Surveyor

Comment:

Please be advised that a more comprehensive assessment would be carried out upon submission of specific details at Construction Certificate stage.

Class: The building is Class 1a & 10a

Part 3.2.2.6 Vapour Barriers

The proposed secondary dwelling with attached garage is considered a habitable room under the provisions of the Building Code or Australia (BCA). As such, the secondary dwelling will be required to incorporate construction methods which allow for the damp proof course and weatherproofing. Therefore, amended detail shall be required to be submitted at the Construction Certificate stage providing compliance with the BCA.

Part 3.7.1.5 Construction of External Walls

The northern elevation external wall of the development shall be required to be fire resistant in accordance with the Section 3.7 of the Building Code of Australia. Amended detail regarding non-combustible eaves lining and fascia shall be required to be submitted at the Construction Certificate stage providing the compliance with the BCA.

Part 3.7.2 Smoke Alarms

The applicant shall be required to show the location of smoke alarms within the secondary dwelling in accordance with Part 3.7.2 of the Building Code of Australia. The smoke detector shall not be located near the kitchen cooking appliances.

Part 3.8.2 Room Heights

The proposed secondary dwelling is considered a habitable room under the definition within Part 1.1 of the Building Code of Australia. Therefore the internal room height within the secondary dwelling shall be required to be increased to a minimum 2.4m. The applicant has provided elevations/section plan showing the internal room height of the secondary dwelling of a minimum 2.7m.

The following additional condition:

Prior to the Issue of the Construction Certificate

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:

(i) The construction of the northern elevation external wall, eaves lining and fascia demonstrating compliance with the Building Code of Australia.

Evidence of compliance of Part 3.2.2.6 of the Building Code of Australia.

6. UNAUTHORISED WORKS

The proposal was referred to Manager Building Control to comment in relation to the unauthorised works and his comments are re-iterated below:

The internal non-structural walls although detracting from a garage space, are considered to be exempt development. However, the use of the existing garage for the purposes of overnight accommodation requires development consent. This has not occurred thus far, therefore there is no breach in place. The external changes to the garage including new window openings and in-filling of roller door are considered to be unauthorised works. As the existing garage building may not be constructed appropriately for the purposes of human habitation, it is recommended that if development consent was forthcoming, it would be in the form of deferred commencement subject to issue of a building certificate deeming the building suitable for its intended use. It is recommended that 1 x penalty infringement notice “development without development consent” (offence code 16273 class 1-10 individual - $750), be issued.

7. CONCLUSION

The proposal provides valuable additional accommodation. There are no changes to footprint of the property and a variation to the Development Control Plan setback controls is acceptable. The design changes are relatively modest in scale and street appearance is satisfactory. Conditions are recommended to provide additional fencing / privacy screening ensuring the privacy of neighbours and to secure the retention of the car parking space for the needs of occupants.

Development consent cannot be granted for the physical works constructed, hence the proposal is recommended for deferred commencement consent so as to obtain a Building Certificate for those works. This will ensure that works comply with the Council’s Environmental Health and Building Surveyor’s recommendations.

DETERMINATION

THAT pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants deferred commencement consent to Development Application DA2014/0925 for the conversion of garage at rear of property to secondary dwelling with attached parking on Lot 83 DP 16261 and known as 60 Walter Street, Mortdale subject to the following:

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

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

Schedule 1

A. A ‘Building Certificate’ shall be approved and provided as evidence that the existing structure fit-out complies with the relevant BCA requirements for use as a dwelling, on the subject premises.

B. A BASIX Certificate detailing all energy efficiency measures must be lodged with Council and implemented on the plans lodged with the application for the Construction Certificate.

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

Subject to A. and B. above being satisfied, a development consent be issued subject to the following conditions:

Schedule 2

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

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

Right of Review – If you are dissatisfied with this decision, you may request a review of the determination under Section 82A of the Environmental Planning and Assessment Act 1979. A request for review and the decision by Council of that request must be made within six (6) months of the date of this Notice of Determination and be accompanied by the relevant fee. You must ensure that an application for review of determination gives Council a reasonable period in which to review its decision having regard to the relevant issues and complexity of the application (Section 82A is not applicable to Integrated or Designated Development).

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

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

1. No approval is expressed or implied for the physical works constructed. This consent relates to the use of the building as a secondary dwelling and attached parking.

2. 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
	06/12/2013	Site Survey		SJ Surveying Services
1 of 7	May 2014	Site Context	A	Contemporary Home Design
2 of 7	May 2014	Existing and Proposed Floor Plans	A	Contemporary Home Design
3 of 7	May 2014	Elevations	A	Contemporary Home Design
4 of 7	May 2014	Section A-A	A	Contemporary Home Design
5 of 7	May 2014	Site Plan	A	Contemporary Home Design
6 of 7	May 2014	Construction Management Plan	A	Contemporary Home Design
7 of 7	May 2014	External May Finished Schedule	A	Contemporary Home Design
	26/05/2014	Statement of Environmental Effects		Contemporary Home Design
	26/05/2014	Waste Management Plan - Work Method Statement - Construction Management - Erosion and Sediment - Asbestos Removal - Landscape Management plan		Contemporary Home Design
	28/05/2014	BASIX Certificate		Contemporary Home Design

3. 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	$329.00	28 May 14	2017523
Plan First Fee	X	$33.55	28 May 14	2017523
Notification Fee	X	$144.00	28 May 14	2017523
Company Search Fee	X	$20.00	28 May 14	2017523
Long Service Levy		$183.00
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		$599.58
Construction Certificate Application Fee		$599.58
Construction Certificate Imaging Fee		$69.00

5. 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.

(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

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.

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

7. GOV1007 - Sydney Water - Quick Check - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Care Centre to determine whether the development application will affect Sydney Water’s sewer and water mains, storm water drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to Sydney Water’s website: www.sydneywater.com.au

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

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