Agenda of Council Meeting - 16 September 2015

Hurstville City Council – Council Meeting Wednesday, 16 September 2015

9. Council Reports

CCL891-15 27 and 27A Austral St Penshurst - Demolition and Construction of Residential Flat Building

Applicant	Michael Kitmiridis Architects
Proposal	Demolition of existing structures and construction of a residential flat building containing 11 units and basement car parking area
Owners	Mr J Saba, Ms A Saba, and Mr M Saba
Report Author/s	Senior Development Assessment Officer, Ms P Bizimis
File	DA2014/1163
Previous Reports Referenced	No
Disclosure of Political Donations or Gifts	No
Zoning	Zone R3 - Medium Density Residential
Existing Development	Single storey dwelling house with outbuildings on each lot
Cost of Development	$2,200,000.00
Reason for Referral to Council	Non-compliance with DCP1 and two (2) submissions received
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, State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development, Development Control Plan No 1 – LGA Wide
Hurstville Local Environment Plan Interpretation of Use	Residential flat building

EXECUTIVE SUMMARY

1. The application seeks approval for the demolition of existing structures and construction of a residential flat building containing eleven (11) units and basement car parking.

2. The application has been assessed against the requirements of the relevant planning instruments and Development Control Plans and complies except in the building envelope and excavation to the site. The proposed development will also leave the adjoining sites isolated. This is discussed in the report.

3. The application was notified / advertised to one hundred and thirty two (132) resident/owners and two (2) submissions were received in reply. The issues raised in the submissions are discussed in the report.

4. On 5 August 2015 the application was deferred to the next Council meeting, further that the matter of ‘isolated sites’ be referred to the Councillor Workshop to be held on 12 August 2015.

5. The application was deferred at the Council meeting of 19 August 2015 for a site inspection. The site inspection was held on 26 August 2015.

6. The application was deferred at the Council meeting of 2 September 2015 for a Councillor workshop.

AUTHOR RECOMMENDATION

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

REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks permission for the demolition of existing structures and construction of a residential flat building containing one (1) x one (1) bedroom, nine (9) x two (2) bedroom and one (1) x three (3) bedroom dwellings and basement car parking area. In particular the proposed development will comprise the following:

Basement level

§ Twelve (12) residential car spaces including one (1) accessible car space

§ Three (3) visitor car spaces

§ Stairs, lift, bicycle parking, storage areas

Ground level

§ One (1) x one (1) bedroom unit (adaptable)

§ Two (2) x two (2) bedroom units

§ One (1) x three (3) bedroom unit

§ Entry foyer

§ Stairs, lift

§ Communal open space adjoining rear eastern boundary

First floor

§ Four (4) x two (2) bedroom units

§ Stairs, lift

Second floor

§ Three (3) x two (2) bedroom units

§ Stairs, lift

HISTORY

10 Dec 14 The subject application was lodged with Council.

5 Mar 15 Application presented to the Design Review Panel.

25 Mar 15 Minutes of the Design Review Panel forwarded to the applicant.

7 Apr 15 Amended plans and information received.

5 Aug 15 Application deferred at Council meeting.

19 Aug 15 Application deferred at Council meeting for site inspection.

2 Sep 15 Application deferred at Council meeting for Councillor Workshop.

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the southern side of Austral Street Penshurst between Ocean Street and Penshurst Street. It contains two (2) lots known as 27 and 27A Austral Street which have a combined frontage of 24.385m and site area of 971sqm. Existing on each of the lots is a single storey dwelling and outbuildings. The sites contain several trees located adjoining the rear south east boundary and two (2) street trees located at the front of the site. Adjoining the site on the east and west (side) boundaries is a single storey pair of attached dwellings and a single dwelling house respectively. To the rear of the site are three (3) storey residential flat buildings. On the opposite side of Austral Street are residential flat buildings and dwelling houses. The area surrounding the subject site is characterised by residential flat buildings and dwelling houses.

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	Proposed	Complies
1.2 – Aims of the Plan	In accordance with Clause 1.2 (2)	The development is consistent with the aims of the plan	Yes
1.4 - Definitions	“Residential flat building”	The proposed development is defined as a residential flat building	Yes
2.3 - Zone objectives and Land Use Table	Meets objectives of R3 Zone Development must be permissible with consent	Development meets objectives Is permissible development with consent	Yes
2.7 - Demolition	Demolition is permissible with consent	Demolition is proposed with this application	Yes
4.3 – Height of Buildings	12m as identified on Height of Buildings Map	<12m maximum	Yes
4.4 – Floor Space Ratio	1:1 as identified on Floor Space Ratio Map	1:1	Yes
5.9 – Preservation of Trees or Vegetation	Trees to be removed are specified in DCP1	Existing trees located within the site and street trees located at the front of the site will be retained	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	Adequate facilities for the supply of water and for the removal of sewage available to this land Stormwater can drain from the site via gravity to the street. New driveway crossing from Austral Street (standard conditions for the submission of separate vehicular crossing applications and driveway design)	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

2015 REVIEW OF SEPP 65 AND RESIDENTIAL FLAT DESIGN CODE

The changes to SEPP 65 were notified on the NSW legislation website on 19 June 2015, but will commence four (4) weeks after this date on 17 July 2015. The changes to SEPP 65 include savings provisions. For apartment development applications lodged prior to 19 June 2015, the Residential Flat Design Code (RFDC) applies. For apartment development applications lodged after 19 June 2015 and determined after 17 July 2015, the Apartment Design Guide, along with the changes to SEPP 65 will apply.

The subject development application was lodged on the 10 December 2014 and as such the provisions of the RFDC apply as detailed in the report above.

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	Erection of a new residential flat building	Yes
30 – Development Applications	Design verification statement provided by Qualified designer Registered Architect Name and Registration No.	Design Verification Statement provided by Registered Architect Mr Michael Kitmiridis Registration No: 5483	Yes

Part 2 Design Quality Principles under the SEPP

Clause	Standard	Proposal	Complies
1 – Context	Good design responds and contributes to its context (eg natural and built features of an area)	The subject site is located in a transitional area which is characterised by low to medium density developments. The proposed development satisfactorily responds to its context.	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	The proposed building is 3 storeys which is considered appropriate to the scale of the area given its position within the transitional area of low-medium density development	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	The proposal responds appropriately to the site constraints and results in a development that has adequate setbacks and privacy to adjoining properties and open space areas	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)	Complies with FSR numerical standard of HLEP 2012	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	The application is supported by a BASIX certificate that satisfies this clause of the SEPP	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	New planting to the site will improve the site. The existing onsite trees and two (2) street trees located at the front of the site will be retained. The landscaped open space area of the development exceeds the relevant requirements and provides appropriate and useable private and communal open space areas.	Yes
7 - Amenity	Good design provides amenity through the physical, spatial and environmental quality of a development	The proposal provides satisfactory levels of amenity as private open space areas (courtyards and balconies) to the development are located on ground level or primarily facing the front and rear elevations. Privacy screens have been provided to the balustrades of balconies to reduce privacy impacts to adjoining developments.	Yes
8 – Safety and Security	Good design optimises safety and security, both internal to the development and for the public domain	The proposal is considered to be consistent with crime prevention principles	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	The proposal provides a range of housing options that vary in unit size, number of bedrooms and adaptable units	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	The proposed building is of reasonable architectural merit with a mix of building materials and finishes and architectural features	Yes

Clause 30 – Consideration of Residential Flat Design Code Design Controls

Clause	Standard	Proposal	Complies
Building Height	Ensure future development responds to desired future scale and character of street and local area	Proposed development is consistent with scale of development permitted under the relevant planning instruments	Yes
Building Depth	Maximum 18m (glass line to glass line). For wider buildings must demonstrate how satisfactory daylight and natural ventilation are achieved.	The proposed building has a depth of 16.2m	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	The adjoining developments are single storey and the separation distances for the proposed development do not apply. However, the proposed development has a setback of 7m from the external wall and 5m from the outer edge of the balconies and the wall of the lift/stairwell of the second floor to the side boundaries. The separation distances are considered appropriate.	Yes
Street setbacks	Use different setback controls to differentiate between urban and suburban character areas. 5m-9m range is typical in suburban areas.	Front setback = 6m with balconies projecting 1m into the front setback (as per requirement of DCP1)	Yes
Side and rear setbacks	Relate side setbacks to existing streetscape patterns	The proposed development is considered to have appropriate side setbacks. This is discussed in the report below under DCP1.	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 1:1	Yes
Deep Soil Zones	A minimum of 25% of the open space area of a site should be a deep soil zone	25% of the site is deep soil landscaping	Yes
Fences and walls	Clearly delineate the public and private domain	No front fence proposed other than edge to landscaping in the front setback area and a structure for letterboxes	Yes
Landscape design	Landscape design should optimise useability, privacy, social opportunity, equitable access and respect neighbour’s amenity	The proposal provides useable open space and appropriate planting to the site in the form of trees, shrubs and ground covers. Existing onsite trees and two street trees will be retained and incorporated into the landscape design.	Yes
Open Space	Communal open space should be generally 25% of the site area. Minimum private open space for apartment at ground level/podium is 25sqm. Min preferred dimension in one direction is 4m.	Communal open space = 8.7% of the site area (84sqm) for the area located at the rear of the site adjoining the eastern boundary. Common open space also located at the front of the site of 77sqm which will be landscaped and will form part of the common open space on the site (total 161sqm or 16.6% of the site area). Private open space areas to ground floor units exceed the requirements of SEPP65 with all ground floor units having an area of more than 25sqm. As such it is considered that the open space available to residents is not compromised with the reduced communal open space area.	Acceptable
Orientation	Position and orientate buildings to maximise solar access	The proposed building has appropriately been positioned and oriented to maximise solar access	Yes
Planting on structures	Design for optimum conditions for plant growth	Small sized planting are limited to planter boxes and medium-large sized trees are to be planted in deep soil areas	Yes
Stormwater Management	Reduce the volume impact of stormwater on infrastructure by retaining it on site	Stormwater disposal is appropriate subject to conditions of consent	Yes
Safety	Undertake a formal crime prevention assessment of the development	Development is consistent with crime prevention principles	Yes
Visual privacy	Provide reasonable levels of visual privacy	The proposal provides satisfactory levels of visual privacy. Private open space areas (courtyards and balconies) to the development are located on ground level or primarily on the front and rear elevations of the development. Privacy screens have been provided to balconies located on the side elevations of the first floor to reduce overlooking to adjoining developments. Privacy screens should also be provided to the balustrades of the second floor balconies and a condition to this effect has been provided in the recommendation should consent be granted.	Yes, subject to condition of consent
Building Entry	Create entrance which provides a desirable residential identity for development	The main entrance of the building is clearly visible	Yes
Parking	Provide adequate car parking for the building and integrate parking with the design of the building	Basement car parking proposed meets requirements	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.	Continuous access path of travel from the street to the main entrance of the building with 100% of units being barrier free	Yes
Vehicle Access	Limit width of driveways to 6 metres. Integrate adequate car parking and servicing access without compromising character.	Driveway is 5.4m wide Basement parking is not visible from the street	Yes
Apartment Layout	· Maximum depth from window of single aspect apartment 8.0m · The back of a kitchen should be no more than 8m from a window.	The proposed development includes 1 single aspect dwelling which has a maximum depth of 7m. The back wall of the kitchens in Units 1, 5 and 6 are located more than 8m from a window, however the kitchens are located within large open plan living areas which would receive appropriate ventilation from the large sliding doors that serve the open space areas. The kitchens in the remaining units are located less than 8m from a window.	Acceptable
Apartment Mix	To provide a diversity of apartment types, which cater for different household requirements now and in the future	Units are provided in a variety of sizes, number of bedrooms, and option of adaptable housing. The size of the 3 bedroom unit meets the minimum requirements of SEPP65 whilst the floor area of all other units exceeds the requirements of SEPP65	Yes
Balconies	Primary balconies to be a minimum of 2m in depth	Balconies have minimum 2.5m depth	Yes
Ceiling Heights	Residential buildings/floors · habitable rooms minimum 2.7m · non habitable rooms minimum 2.25m	Minimum 2.7m floor to ceiling heights	Yes
Flexibility	Provide apartment layouts which can accommodate the changing use of rooms	Layout of units is considered acceptable	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 units have private open space and are accessible from a central entry point to the building	Yes
Internal Circulation	Maximum of 8 units to be accessible from a double loaded corridor.	Maximum 4 units accessible from central corridor	Yes
Storage	To provide adequate storage for every day household items within easy access of the apartment 1br = 6m³ 2br = 8m³ 3br= 10m³	All units have a dedicated storage area of at least 10m³	Yes
Acoustic Privacy	Protect acoustic privacy of residents in apartments and in private open spaces	Acoustic privacy impact has been minimised with the use of dense planting, fencing and solid wall construction	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	-73% of units receive min 3 hours solar access to living rooms and private open space -No unit has a single southerly aspect	Yes
Natural Ventilation	· 60% of residential units should be naturally cross ventilated. · 25% of kitchens should have access to natural ventilation.	· 91% of units are naturally cross ventilated · All kitchens are located within large open plan living, dining and kitchen areas which will receive adequate levels of natural ventilation from the large openings to the open space courtyards / balconies	Yes
Facades	Facades must define and enhance the public domain and desired street character	Façade of the proposed building is considered acceptable	Yes
Roof design	Provide quality roof designs which contribute to the overall design	Roof form contributes to the overall design of the development and responds to the slope of the site	Yes
Energy efficiency	Reduce reliance on artificial heating and cooling	The proposal is considered acceptable, subject to BASIX energy efficiency requirements of BASIX certificate	Yes
Maintenance	Supply waste management plans as part of the development application	Waste management plan submitted with the application is appropriate	Yes
Water conservation	Encourage use of rainwater tanks, use AAA rated appliances and store rainwater on site	BASIX certificate submitted addresses water conservation	Yes

Advice from the Design Review Panel

The application was referred to the Design Review Panel. The Panel advised that it supports the application subject to the changes described below. 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.

PRINCIPLE 1 - CONTEXT

DRP advice: “The site is adjacent to the Penshurst Town Centre and is relatively flat with very established street trees on Austral Street. The sites to the east containing 2 semi-detached houses appear to be isolated by this proposal. The proponent should therefore show evidence that there have been genuine attempts to amalgamate these sites into this development. This is an area undergoing transition and therefore the proposals relationship with adjoining sites is of primary importance.”

Applicant’s response: “Information relating to the isolation of the adjoining sites is attached.”

DAO’s comment: The proposed development will result in the properties which adjoin the subject site on the eastern boundary and known as 23A and 25 Austral Street being isolated. The two (2) properties contain semi-detached dwellings and each property has a site area of 240sqm. The property at 27B Austral Street which adjoins the subject site on the western boundary would also be left isolated however it has recently been purchased by an adjoining land owner and will be incorporated into a new development for a residential flat building in conjunction with 27C and 29 Austral Street.

The applicant has submitted a valuation prepared by a registered valuer for each of the properties and correspondence between the applicant and the land owners regarding the purchase of their sites. In that correspondence the applicant has offered to pay up to 20% above the market valuation of the properties. The offers made have been declined.

The planning principle for isolated sites outlined in Karavellas v Sutherland Shire Council [2004] identifies that the following should be considered in relation to isolated sites:

The general questions to be answered when dealing with amalgamation of sites or when a site is to be isolated through redevelopment are:

§ Firstly, is amalgamation of the sites feasible?

§ Secondly, can orderly and economic use and development of the separate sites be achieved if amalgamation is not feasible?”

In answering these questions the applicant’s planning consultant PlanZone Consulting Pty Ltd has provided the following response:

As the first part of the planning principle requires, various written offers were made to the owners of the adjoining properties as detailed in the chronology (in the Statement of Environmental Effects). The offers were accompanied by an independent valuation of the property values at the time of the offers being made and included a 20% additional amount to cover the costs associated with property transactions and the inconvenience of moving…The application is therefore considered to include a sufficient amount of evidence detailing the negotiations between the owners of the properties. The above details of offers and negotiations satisfies the first part of the planning principle in that all reasonable efforts have been made to attempt to purchase and consolidate the adjoining sites.

The second part of the planning principle is to establish whether all sites can achieve a development that is consistent with the planning controls of appropriate urban form and with acceptable amenity. Having regard to the above, 23A and 25 Austral Street combined have a width of approximately 12m and a depth of 39.71m providing an overall developable site area of approximately 476.5sqm…Having regard to the primary building envelope controls of the LEP and DCP, the adjoining site at 23A and 25 Austral Street would be capable of achieving a reasonable development on the combined site that would be able to satisfy the FSR and building height development standards in the LEP and a large majority of the DCP controls. Any such proposal however would likely require some relaxation of the side setback controls in order to achieve a reasonable building width containing functional dwelling layouts. The site width and depth is sufficient to allow for adequate setbacks, site coverage, open space and landscaping whilst achieving a reasonable density for the site. Dwellings within the development would be capable of receiving adequate levels of amenity through detailed design including visual and acoustic privacy, solar access and natural light and ventilation.

Comment: In relation to the first question the application is accompanied by information relating to offers made to purchase each of the three adjoining sites. This includes a valuation of each property by a registered valuer and offers made to the owners to purchase the sites at up to 20% above market value. The owners have declined the offers. It is considered that reasonable attempts have been made to purchase the adjoining sites albeit unsuccessful.

In relation to the second question, redevelopment of 23A and 25 Austral Street will be difficult due to the sites having a combined site area of 480sqm and a width of 12.19m, however it is not considered impossible. Any redevelopment of the site, such as for a residential flat building would be unlikely to achieve full compliance with the relevant requirements and the floor space ratio is likely to be significantly less than the maximum permitted. Notwithstanding this the owners of the adjoining sites are aware that their site will be isolated, but have declined the offers made to purchase the sites.

PRINCIPLE 2 - SCALE

DRP advice: “Acceptable.”

Applicant’s response: “No comment required.”

DAO’s comment: The proposed development complies with the height and floor space ratio requirements of Development Control Plan No 1 which results in an appropriate built form.

PRINCIPLE 3 – BUILT FORM

DRP advice: “While the built form is a simple hip roofed prism the perspective from Austral Street reveals a number of amenity issues, such as privacy, for example very large private terraces at second level face side boundaries to the buildings east. The same terraces exist on the western side of the building. These terraces will both create unacceptable impacts on adjoining sites creating privacy issues and associated loss of amenity.

The basement level car park extends very close to the boundary on both sides of the building. This reduces the opportunity for essential landscaping and deep soil. The car park layout should be redesigned to sit more closely under the building footprint. There is ample space available to accommodate a tighter car park arrangement.”

Applicant’s response: “The amenity issues identified as a result of the very large private terraces at second level have been addressed by the redesign and reconfiguration of these balconies.

The effect of this change is to enhance the privacy and amenity between adjoining neighbours.

In addition, the basement car park has been redesigned away from the side boundaries to allow for additional deep soil planting. This zone will be used to plant large trees to assist with privacy screening and shading.”

DAO’s comment: The amendments made to the development are satisfactory and address the issues raised by the DRP. The balconies which were initially located on the side elevations on the first floor have been relocated to the front and rear elevations of the development and the balconies located on the second floor have been significantly reduced in size. The balconies located on the side elevations have been provided with higher balustrades to reduce potential overlooking to adjoining developments.

PRINCIPLE 4 – DENSITY

DRP advice: “While the building generally complies with the LEP’s FSR control it fails to adequately address SEPP 65’s requirements for well resolved communal space (25% of site area) and building separation (which for a 3 storey building would be 12m between habitable rooms which equates to 6m setbacks). These issues are exacerbated by the proponent’s failure to amalgamate the eastern site into this development. The Panel provided suggestions on how to address these issues including the provision of a communal terrace at roof level and re-orienting the unit’s primary living area and balconies to the front and the rear. While it is sometimes argued that communal space is not needed on smaller sites, this is predicated on provision of high quality public open space in close proximity to the proposed development. This is not evident in the subject development’s context.”

Applicant’s response: “The location and orientation of the common open space has been carefully considered. It enjoys a northerly aspect, makes use of existing trees, is of adequate size and does not impact on the area of private open space of Unit 3. SEPP 65, in brief, says the following (page 49 – rule of thumb):

Common open space is to be provided at approximately 25 – 30% of the site area but where developments are unable to achieve the recommended common open space, such as those in dense urban areas, they must demonstrate that residential amenity is provided in the form of increased private open space and/or contributions to private open space. The minimum recommended area of private open space for each apartment at ground level or similar space on a structure, such as on podium or car park, is 25sqm with a minimum dimension in one direction of 4m.

In our current design, we provide private open space to Unit 3 of 50sqm and Unit 4 of 128sqm with a minimum dimension in one direction of 6.2m. This is well above the minimum stated in the design guide of SEPP 65. The common open space is a total of 84sqm, with a minimum dimension of 4.060m in one direction (the implication here is, if 4m width as a minimum is good enough for private open space, it should be good enough for common open space).

The highlight windows originally shown on the wall of Unit 3 adjoining the common open space, have been removed to eliminate any privacy concerns and any effects of cross-viewing.

The suggestion by the DRP to relocate the common open space at roof level is financially unviable on a small development such as this. In accordance with the DRP’s comments, the primary living area balconies of the first floor units have been oriented to the front and the rear.”

DAO’s comment: The communal open space of the development equates to 8.7% of the subject site. Although this is less than the desired 25% of site area, the ground floor private open space provided is in excess of the requirements of SEPP65 and the requirements of Development Control Plan No 1. For example, unit 4 has 128sqm of private open space. Similarly, the balconies provided to the units above ground level are larger than the minimum requirements of SEPP65 and Development Control Plan No 1. The compromise in not providing the desired communal open space is that each unit has a large functional private open space area that exceeds the minimum requirements. Notwithstanding this, the combined common and communal open space is 16.7% of the site area which includes a landscaped area at the front of the site which will enhance the front setback area. This is considered acceptable.

PRINCIPLE 5 – RESOURCE, ENERGY AND WATER EFFICIENCY

DRP advice: “The design does not include large trees in deep soil zones. It is recommended that large trees be provided to assist in shading, particularly on north facing elevations to improve energy consumption and reduce reliance on air conditioning.

Resource, energy and water efficiency was not discussed at the meeting. However, measures such as water efficiency, recycling, solar panels and other passive solar design strategies should be incorporated in the proposal.”

Applicant’s response: “A complying BASIX certificate has been submitted with this application.”

DAO’s comment: A BASIX certificate has been submitted with the application which achieves the relevant target scores. The design of the development has also been amended whereby the basement level has been redesigned so to allow for additional deep soil areas to the side setback areas which adjoin the rear yards of the adjoining houses. The landscaping to the side setback area on the eastern boundary of the site incorporates six (6) existing trees which have been retained. Additional large trees are now proposed to the site as a result of the redesigned basement level.

PRINCIPLE 6 – LANDSCAPE

DRP advice: “As discussed above, the communal open space in the rear of the property is extremely small and located in an area which would overlook the adjoining private open space and living areas for Unit 3. Communal open space provided in the front setback would have poor amenity for residents and compromise privacy for the adjoining units.

If communal open space is retained in the south western corner of the site it should be significantly increased in size, this may result in a reduction in floor space. Alternatively communal open space could be provided on the roof and located centrally to minimise overlooking adjoining properties. Any roof top communal open should have lift access.

Front setback should be dedicated to planting only and include large trees.

Large trees should be located in deep soil zones in the front and rear setbacks. Furthermore the redesign of the basement level car park could increase deep soil zones alongside boundaries thereby allowing for tree planting, and improving screening to adjoining properties.

Detention basins and services, including sub stations, should be relocated outside of deep soil zones.

It is recommended that arboricultural advice be provided to ensure the existing brush box street tree is adequately protected.”

Applicant’s response: “Please refer to our previous comments addressing common open space and revised landscape drawing L-01B. Further, the amendments to the basement have yielded additional deep soil planting, enabling the planting of mature trees to improve screening to adjoining properties.”

DAO’s comment: As per the comments above.

PRINCIPLE 7 – AMENITY

DRP advice: “Refer to notes above regarding common open space and side facing living spaces, balconies and terraces. Internal planning of units would be improved through the reorientation of living spaces to the front and the rear of the site as discussed at the Panel meeting. Storage to each unit needs to be shown on drawings and tabulated to demonstrate compliance with the RFDC.”

Applicant’s response: “Please refer to our previous comments addressing common open space. Further, the side-facing balcony of Unit 8 has been relocated to the rear, as requested by the DRP. The storage provisions for each unit have been tabulated, please refer drawings.”

DAO’s comment: The applicant has amended the development to address the issues raised by the DRP. The amendments include the redesign of balconies on the first and second floor, the provision of privacy screens to the side elevations of the balconies located on the first floor, the redesign of windows which adjoin the communal open space area, and the provision of additional deep soil areas to the site. These amendments will reduce privacy impacts to adjoining developments.

PRINCIPLE 8 – SAFETY AND SECURITY

DRP advice: “Acceptable.”

Applicant’s response: “No comment required.”

DAO’s comment: The proposed development is consistent with crime prevention principles.

PRINCIPLE 9 - SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY

DRP advice: “The provision and amenity of the communal open space needs to be radically improved as discussed above. Side facing terraces need to be reduced to protect visual and aural privacy to adjoining properties.”

Applicant’s response: “Please refer to our previous comments addressing common open space. This area has been radically improved by redesigning the BBQ area, maintaining existing plants, improvements to screening between common open space and Unit 3 (by deletion of two highlight side windows), compliant fencing and enhanced landscape ground treatment and perimeter planting. The north facing orientation of this space enhances its amenity.”

DAO’s comment: The applicant has amended the development to satisfactorily address the issues raised by the DRP.

PRINCIPLE 10 - AESTHETICS

DRP advice: “The buildings composition emphasises the buildings massive character. It may be beneficial to make the side elements lighter and the central element more solid. The selection of materials and colours should be used to reduce the buildings apparent scale and find cohesion with its transitional neighborhood as far as possible, eg emphasising the base, minimising clutter and reducing abrupt changes in colour. The articulation of the chimney on the rear façade is unfortunate and could be better incorporated into the building form.”

Applicant’s response: “It is the view of the DRP that the previous composition of this building emphasised its massive character. Having reduced the extent of the second floor balconies, the apparent bulk and scale of the building as viewed from the street has diminished, softening its appearance.”

DAO’s comment: The amendments made to the design of the development have improved the external appearance of the building. The proposed external materials and finishes of the development are appropriate in that they provide interest and articulation to the façade of the building which responds appropriately to the streetscape.

2. Draft Environmental Planning Instruments

There are no draft environmental planning instruments applicable.

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 2014, 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 space/1 or 2 bedroom unit (10 units proposed) = 10 spaces 2 spaces/3 + bedroom unit (1 unit proposed) = 2 spaces Total required = 12 spaces	12 spaces	Yes
3.1.4.1 - Visitor parking (4 or more dwellings)	1 space/ 4 units or part thereof (11 units proposed) = 3 spaces	3 car 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	Complies with Australian Standards	Yes
3.1.4.3 – Stencilling of driveways	Finished with plain concrete	Can be condition of consent	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	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	Development complies with this requirement	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)	Provided within a visitor space	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) = 2 Adaptable dwelling complies with AS4299	1 adaptable unit provided however 1 additional adaptable unit can be provided	Yes, subject to condition
Access requirements	Access in accordance with AS1428 for all persons through the principal entrance of the building and to common areas	Complies	Yes
Accessible car space	1 space per adaptable dwelling Layout complies with Australian Standard	1 space per adaptable dwelling can be provided	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. Basement car park is not considered to be a dominant feature of the overall streetscape, given that it is not visible from the street.	Yes
Building Identification	· Clearly numbered buildings · Entrances numbered · Unit numbers provided at entry	These requirements can be conditions of consent	Yes (subject to conditions of consent)
Entrances	Clearly visible and not confusing	The entrance to the building is clearly visible	Yes
Fencing	Allows natural surveillance to street	No front fence proposed other than the edge to the landscaped open space located at the front of the site. This allows reciprocal surveillance between the building and the street	Yes
Blind Corners	To be avoided	No bind corners evident	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 from a crime prevention perspective	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 (subject to conditions of consent)
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 in that the adjoining developments will receive at least 3 hours solar access to their private open space area between 9am and 3pm on 21 June. The adjoining residential developments will also receive more than 3 hours solar access to the windows which are located on the side elevations adjoining the proposed development.

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

The development can drain to the street subject to conditions of consent being attached to any consent granted.

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 and consistent with the objectives of Development Control Plan No 1.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.10 PRESERVATION OF TREES AND VEGETATION

The six (6) trees located within the site will be retained and incorporated into the landscaping of the site. The two (2) street trees located at the front of the site will also be retained. The landscape plan submitted with the application shows that landscaping will be provided to the site in the form of trees, shrubs and ground covers. The proposed landscaping will improve the current site conditions.

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 and Residential Flat Buildings is detailed and discussed in the table below.

Section 4.3	Requirements	Proposal	Complies
Minimum Street Frontage	24m	24.385m	Yes
Residential density (Floor Space Ratio)	Cl 4.4 of HLEP 2012 = Max. 1:1	FSR = 1:1	Yes
Landscaped Area	Minimum 20%	25%	Yes
Maximum Building Height	Cl 4.3 of HLEP 2012 = Max. 12 m	<12m	Yes
Front Site Height Maximum	12m	<12m	Yes
Rear Site Height Maximum	12m	<12m	Yes
Number of habitable storeys at front of site	3 habitable storeys	3 habitable storeys	Yes
Number of habitable storeys at rear of site	3 habitable storeys	3 habitable storeys	Yes
Minimum Private Open Space Area	Ground floor level 1 or 2 bedroom unit = 50sqm Upper levels All units = 12sqm Minimum width = 2.5m Direct access from living room	All units comply with the requirements	Yes
Minimum Principal Private Open Space Area	Ground floor level Must not be located forward of the building line 1 or 2 bedroom unit = 4m x 4m with 1:20 (max) Upper levels All units -= 12sqm	All dwellings comply with the requirements	Yes
Landscape Plan	Landscape Plan to be submitted with the DA	Landscape plan submitted with the application has been prepared by a qualified landscape architect and is appropriate	Yes
Front Boundary Setbacks	Minimum 6m, balconies can project 1m	6m with balconies projecting maximum 1m	Yes
Rear Boundary Setbacks	Minimum 6m, balconies can project 1m	6m with balconies projecting maximum 1m	Yes
Minimum Side Boundary Setbacks	Building envelope No projections of any form permitted outside the building envelope	Complies with the building envelope except for portions of the second floor balconies and associated pergolas and lift shaft and stairwell on the eastern elevation	No (1)
Maximum excavation of natural ground level	500mm	Generally less than 500mm except for a portion of the southern elevation which is up to 565mm	No (2)
Driveways, access lanes and car parking	If street frontage is 20m or less – Must not occupy more than 40% of the frontage >20m – Must not occupy more than 33%	Frontage = 24.385m Driveway = 5.4m in width 22% of the frontage	Yes
Garages and car ports	Garages must not visually dominate the street facade	Basement entry and car park does not dominate the façade	Yes
Basement parking	Basement cannot extend more than 1m above natural ground level	The basement does not protrude above the ground level	Yes
Visual Privacy	Habitable windows within 9m to be offset 1m or screened	The adjoining developments are single storey and ground floor windows located within 9m of the adjoining developments are obscured by the boundary fencing. Windows and balconies located on first floor side elevations are provided as high sill and have high balustrades to reduce overlooking. Windows located on side elevation of second floor which adjoins isolated site are provided with translucent glazing to 1.2m. Balconies on this elevation should be provided with higher balustrades to reduce potential overlooking. A condition is provided in the recommendation, should consent be granted.	Yes, subject to condition of consent
Solar Design and Energy Efficiency	3hrs of sunlight upon the open space areas of adjacent dwellings between 9am -3pm on 21 June	Development complies	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)	No front fence provided other than edge of landscaped open space.	Yes
Site Services	Site must be serviced by standard utilities	The site can drain to the street	Yes
Storage	6m³ per dwelling	Each dwelling has storage area of at least 10m³	Yes

Stormwater Assessment
Existing Stormwater System	Gravity to street
Proposed Stormwater System	Gravity to street
Stormwater objectives for development type met?	Yes, consistent with objectives
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) Building Envelope and (2) Excavation of natural ground level

The proposed development does not comply with the building envelope for portions of the second floor balconies and associated pergolas and lift shaft and stairwell located on the eastern elevation. The development also includes excavation of the ground level of up to 565mm at the rear of the site. The applicant’s planning consultant, PlanZone Consulting Pty Ltd has submitted the following statement (in summary) to justify the variations to the building envelope and excavation:

Minor parts of the second floor of the proposed development project within the building envelope plane to the side boundaries including parts of the eaves and roof structure, parapet/balcony balustrades and lift shaft and stairs. As noted in the control, eaves, gutters and associated roof components are permitted to project within the building envelope plane. However, the parapet/balcony balustrades and lift shaft and stairs are not permitted to project within the building envelope plane.

Even with the non-compliance, the proposal satisfies the objectives of the control as the proposed development is compatible with existing development in the area in terms of bulk and scale and complies with the FSR development standard, building height development standard, number of storeys controls and the front, side and rear setback controls. Furthermore, the projecting elements do not create any privacy impacts.

The proposed development includes excavation up to 565mm to accommodate the proposed development. Whilst slightly exceeding the maximum 500mm control, the additional cutting is necessitated by the topography of the site and in order to prevent the unnecessary stepping of the ground floor level and to ensure that equitable access can be provided into the development from the street frontage. The result is a lowered ground floor level to the rear of the site which will aid in maintaining appropriate levels of visual privacy for adjoining properties from upper levels of the development and a floor level that appropriately responds to the existing NGL’s at the front of the site.

The area within the building envelope relates to the tip of the corner of the elevation. It results in no additional impacts in terms of solar access and privacy and is negligible in terms of the bulk and scale of the development. As such the very minor noncompliance is considered acceptable.

Comment: The proposed variation to the building envelope and excavation are considered acceptable for the following reasons:

· The variation to the building envelope relates to a portion of the second floor balconies and associated pergolas and the lift shaft and stairwell which is located on the eastern elevation. The encroachment to the building envelope has been reduced with the amendments made to the development in the amended plans. The proposed variation is considered acceptable as it does not result in any additional impacts to adjoining development in terms of privacy and overshadowing. The balconies located on the second floor will be required to be fitted with higher balustrades which will reduce overlooking to adjoining developments. The higher balustrades would be required irrespective of compliance with the building envelope.

· The lift shaft and stairs are located with the building envelope however this does not result in any additional impacts as the lift shaft is a solid wall and the stairwell contains translucent glazing. The non-compliance with the building envelope is considered to be a consequence of the site being narrower than most sites which contain residential flat buildings which results in some portions of the development not being able to achieve the side setbacks required by the building envelope.

· In relation to the excavation to the site, the site slopes from the rear boundary to the front boundary and some excavation of the site is required at the rear of the site to provide a consistent level within the building and to allow appropriate level access to the communal open space area located at the rear of the site.

· The excavation relates to part of the rear boundary of the site and has been minimised as much as possible so to provide an appropriate interface with Units 3 and 4 and to retain the six (6) trees located at the rear of the site.

· The development maintains a height of three (3) storeys and a height that is less than 12m for all the development. As such the excavation to the site does not compromise the bulk and scale of the building. As the excavation is limited to part of the rear of the site, the building envelope of the development has not been affected by the excavation.

· The excavation to the site has no additional impacts on adjoining developments in terms of solar access and privacy.

RECENT LAND & ENVIRONMENT COURT DECISIONS

FM Holdings Pty Limited v Hurstville City Council – 50-52 Lawrence Street, 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 development is unlikely to have an adverse impact on the natural environment. The six (6) trees located within the site will be retained and incorporated into the landscaping of the site. The two (2) street trees located at the front of the site will also be retained. The landscape plan submitted with the application shows that landscaping will be provided to the site in the form of trees, shrubs and ground covers. The proposed landscaping will improve the current site conditions.

Built Environment

The proposed development is unlikely to have an adverse impact on the built environment and is considered to be appropriate in terms of its scale, bulk and height. The development complies with the relevant requirements except in the building envelope and the excavation of the site. A variation to these requirements is considered acceptable as it results in no additional adverse impacts to adjoining developments. The variation to the building envelope and excavation has been improved in the amended plans submitted to the application. As a result of the proposed development, the adjoining sites at 23A and 25 Austral Street will be isolated. It is considered that the applicant has made reasonable efforts to acquire these sites, albeit unsuccessfully and the proposed development satisfactorily addresses the planning principle relating to isolated sites.

Social Impact

The proposal is for permitted residential purpose and is unlikely to have an adverse social impact.

Economic Impact

The proposal is unlikely to have an adverse economic impact.

Suitability of the Site

The subject site has not 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 one hundred and thirty two (132) resident/owners and two (2) submissions were received in reply. The issues raised in the submissions are as follows.

Isolation of adjoining site. Offers made to purchase sites were not reasonable.

Comment: As detailed in the report, the applicant has provided information regarding attempts made to purchase the adjoining sites. A valuation from a registered valuer has been submitted for each property which identifies the market value of the adjoining sites. The offers made to the owners were above market value, however these offers were declined.

Overshadowing from development. The development exceeds the height requirement and building envelope of DCP 1.

Comment: The proposed development complies with the height requirement and solar access requirements of Development Control Plan No 1 in that the adjoining developments will receive at least 3 hours solar access to the their private open space area between 9am and 3pm on 21 June. The adjoining residential developments will also receive more than 3 hours solar access to the windows which are located on the side elevations adjoining the proposed development.

The proposed development does not comply with the building envelope identified in Development Control Plan No 1 as detailed in the report. The building envelope has been improved in the amended plans submitted with the application. The variation to the building envelope is considered acceptable for the reasons detailed in the report.

Encroachment into building envelope results in privacy impacts. Adjoining development at 21-23 Austral Street was approved with no balconies adjoining the side elevations.

Comment: The application has been amended from that originally submitted and notified to residents. The amendments include the redesign of balconies on the first and second floor, the provision of privacy screens to the side elevations of the balconies located on the first floor, the provision of high sill windows to the side elevations of the first floor, and the redesign of windows which adjoin the communal open space area, and the provision of additional deep soil areas to the site to provide additional planting to the side boundaries. These amendments will reduce privacy impacts to adjoining developments.

In addition to this, privacy screens should also be fitted to the balconies located on the side elevations of the second floor. A condition to this effect (condition 19) has been provided in the recommendation, should consent be granted.

More than 6 trees to be removed from site not just 6 trees identified in the application.

Comment: The six (6) trees located within the site will be retained and incorporated into the landscaping of the site. The two (2) street trees located at the front of the site will also be retained. The landscape plan submitted with the application shows that landscaping will be provided to the site in the form of trees, shrubs and ground covers. Some shrubs located at the rear of the site will be removed which are not the subject of Council’s Tree Preservation Order.

Additional traffic and parking to Austral Street.

Comment: The proposed development provides onsite car parking spaces for residents and visitors in accordance with the requirements of Development Control Plan No 1. The provision of a residential flat building to the site will inevitably lead to increased vehicular movements to and from the site when compared to the current development of two (2) single dwellings, however, the increase in vehicular movements is not considered to have a significant impact on the road network. The zone of the subject site permits residential flat buildings and the increase in road activity has been anticipated in the development permissible in the subject zone.

Inadequate notification

Comment: The development application was notified and advertised in accordance with the requirements of Development Control Plan No 1. There was an issue with the notification sign placed on the site being removed however this was rectified when it was brought to Council’s attention from the resident.

Council Referrals

Team Leader Subdivision and Development

Council’s Team Leader Subdivision and Development has raised no objection to the development subject to conditions of consent being attached to any consent granted.

Tree Management Officer

Council’s Tree Management Officer has examined the application and raised no objection subject to the street trees being retained.

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”.

6. CONCLUSION

The application seeks permission to demolish the existing structures and construct a residential flat building containing eleven (11) units and basement car parking. The development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and complies except in the building envelope and excavation to the site. The variations are supported as they result in no adverse impacts to adjoining developments or the development itself. The proposed development will result in the adjoining sites at 23A and 25 Austral Street being isolated, however it is considered that the applicant has made reasonable attempts to acquire these sites, albeit unsuccessfully.

The submissions received to the application have been addressed in the report and through the amended plans submitted. Appropriate conditions of consent are also provided in the recommendation which require higher balustrades to the balconies on the second floor. Accordingly the application is recommended for approval subject to conditions of consent.

DETERMINATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application DA2014/1163 for the demolition of the existing structures and construction of a residential flat building containing 11 units and basement car parking on Lots 8 and 9 DP 3639 and known as 27 and 27A Austral Street Penshurst, subject to the attached conditions:

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

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

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

Reference No.	Date	Description	Revision	Prepared by
Project No 050502 A101 A102 A103 A104 A105 A107 A108	Apr 15	Site analysis/roof plan Perspective views Schedule of materials and finishes and BASIX report Basement and ground floor plan 1^st and 2^nd floor plan Sections and ramp detail Construction management plan	B	MK Architects
Project No 050502 A106	June 15	Elevations	C	MK Architects
Project No 3694b, Drawing No. L-01	7 Apr 15	Landscape plan	B	RFA Landscape Architects Pty Ltd
-	Received 8 Dec 14	Waste management plan	-	MK Architects
Job No RW-2515	Aug 14	Level and detail plan	-	R J Weatherby Registered Surveyor

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:

Please contact council prior to the payment of Section 94 Contributions to determine whether the amounts have been indexed from that indicated below in this consent and the form of payment that will be accepted by Council.

Form of payment for transactions $500,000 or over - Council will only accept Bank Cheque or Electronic Funds Transfer (EFT) for transaction values of $500,000 or over. Council must be contacted prior to payment to determine correct total amount to be paid and bank account details (if applicable)

(a) Fees to be paid to Council:

Schedule of fees, bonds and contributions

Fee Type	Paid	Amount	Receipt Date	Receipt No
Development Application Fee	X	$2,935.00	10 Dec 14	2025285
Plan First Fee	X	$1,408.00	10 Dec 14	2025285
Notification Fee	X	$320.00	10 Dec 14	2025285
DA Advertising Fee	X	$1,105.00	10 Dec 14	2025285
Design Review Panel Fee	X	$1,273.00	10 Dec 14	2025285
Design Review Panel Admin Fee	X	$103.00	10 Dec 14	2025285
Long Service Levy		$7,700.00
Builders Damage Deposit		$29,262.00
Inspection Fee for Refund of Damage Deposit		$280.00
S94 Residential (Community Facilities)		$14,509.43
S94 Residential (Open Space, Recreation, Public Domain)		$102,584.71

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		$2,925.00
Construction Certificate Application Fee		$2,925.00
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 $14,509.43

Open Space, Recreation and Public Domain Facilities $102,584.71

Total: $117,094.14

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

b. Indexing

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

c. Timing and Method of Payment

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

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

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

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

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

5. GEN1016 - Damage Deposit - Major Works - In order to insure against damage to Council property the following is required:

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $29,262.00.

(b) Payment to Council of a non-refundable inspection fee to enable assessment of any damage and repairs where required: $280.00.

(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 1.50m wide x 80mm thick concrete path for the full length of the frontage of the site in Austral Street 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 Hurstville Council’s Website at: www.hurstville.nsw.gov.au

(b) In the Application Form, quote the Development Consent No. (eg. DA2014/1163) 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. CC3002 - Development Engineering - Stormwater Systems with Basement -

Reference No.	Date	Description	Revision	Prepared by
Drawing No 06MB2228/D01, D02, D03	26 Nov 14	Site and roof drainage plan, Basement drainage plan, Soil and water management plan	B	United Consulting Engineers Pty Ltd

The above submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

The underground basement car park must pump to and all other stormwater must drain by gravity to the street gutter.

The design of the 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.

13. 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.

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/or facilities for persons with disabilities must be provided to the premises/building in accordance with the requirements of the Premises Standards, the Building Code of Australia, and AS 1428.1. Details must be submitted with the Construction Certificate application.

16. CC2010 - Development Assessment - SEPP 65 Design Verification Statement - A certifying authority must not issue a Construction Certificate for residential flat development unless the certifying authority has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development

17. CC2034 Development Assessment - Design Quality Excellence

(a) In order to ensure the design quality excellence of the development is retained:

(i) The design architect is to have direct involvement in the design documentation, contract documentation and construct stages of the project;

(ii) The design architect is to have full access to the site and is to be authorised by the applicant to respond directly to the consent authority where information or clarification is required in the resolution of the design issues throughout the life of the project;

(iii) Evidence of the design architect’s commission is to be provided to the Council prior to release of the Construction Certificate.

(b) The design architect of the project is not to be changed without prior notice and approval of the Council.

18. 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.

19. 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 balustrades to the second floor balconies on the side elevations of the development are to be a minimum 1.5m high from the finished floor level of the balcony and be of a material that cannot be seen through such as translucent glazing.

(b) All bathroom, ensuite, and stairwell windows to contain translucent glazing.

(c) The two (2) windows to the corridor wall adjoining the kitchen of Unit 11 on the second floor (eastern elevation) are to be provided with translucent glazing to a minimum height of 1.5m from the finished floor level of the corridor. The remaining window above can be clear glazing.

The above conditions have been imposed to reduce privacy impacts to adjoining developments.

(d) Two adaptable dwellings (and one accessible car space per dwelling) are to be provided within the development in accordance with the requirements of Hurstville Development Control Plan No 1.

20. 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.

21. 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.

22. CC6005 - Engineering - Traffic Management - Construction Traffic Management Plan (Large Developments only) - A Construction Traffic Management Plan detailing:

(a) construction vehicle routes;

(b) anticipated number of trucks per day;

(d) access arrangements; and

(e) proposed traffic measures to minimise impacts of construction vehicles, and

must be submitted to the satisfaction of Council’s Engineers prior to the issue of the Construction Certificate. Council’s Engineers must specify in writing that they are satisfied with the Traffic Management Plan prior to the issue of the Construction Certificate.

23. CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 587456M_02 dated 27 November 2014, approved with the Development Consent No. DA2014/1163, must be implemented on the plans lodged with the application for the Construction Certificate.

24. 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 those with a common boundary to the subject site 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.

25. 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.

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

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

(a) The six (6) x onsite trees located at the rear of the site and the two (2) x Council street trees Lophostemon confertus (brush box) located at the front of the site as shown on the approved landscape plan.

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.

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. 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.

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. PREC6002 - Engineering - Dilapidation Report on Public Land - Major Development Only - Prior to the commencement of works (including demolition and excavation), a dilapidation report must be prepared on Council infrastructure adjoining the development site, including:

(a) All public infrastructure adjoining the subject site

The Dilapidation Report must be prepared by a qualified structural engineer. The report must be provided to the Principal Certifying Authority and a copy provided to the Council.

The report must include the following:

(a) Photographs showing the existing condition of the road pavement fronting the site,

(b) Photographs showing the existing condition of the kerb and gutter fronting the site,

(d) Photographs showing the existing condition of any retaining walls within the footway or road, and

(e) Closed circuit television/video inspection (in DVD format) of public stormwater drainage systems fronting, adjoining or within the site, and

(f) The full name and signature of the structural engineer.

The reports are to be supplied in both paper copy and electronic format in Word. Photographs are to be in colour, digital and date stamped.

Council will use this report to determine whether or not to refund the damage deposit after the completion of works.

36. 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.

(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.

37. 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 Council’s roadways/footways must be submitted to the satisfaction of Council’s Building Control Department.

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.

38. 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.

39. 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.

40. 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).

41. 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.

42. CON7001 - Building - Structural Engineer’s Certification during construction - The proposed building 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.

43. CON7002 - Building - The total number and layout of accessible units shall comply with the development controls under Section 3 of Council’s Development Control Plan No 1, and all associated parking spaces shall comply with AS1428.1.

44. 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.

45. OCC2008 - Development Assessment - SEPP 65 Design Verification Statement - A certifying authority must not issue an occupation certificate to authorise a person to commence occupation or use of residential flat development unless the certifying authority has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the residential flat development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development

46. OCC3002 - Development Engineering - Works as Executed and Certification of Stormwater works - Prior to the issue of an Occupation Certificate, the Principal Certifying Authority must ensure that the stormwater drainage system has been constructed in accordance with the approved design and relevant Australian Standards.

A works-as-executed drainage plan and certification must be forwarded to the Principal Certifying Authority and Hurstville City Council, from a suitably qualified and experienced Hydraulic Consultant/Engineer.

This Plan and Certification shall confirm that the design and construction of the stormwater drainage system satisfies the conditions of development consent and the Construction Certificate stormwater design details approved by the Certifying Authority.

The works-as-executed drainage plan must prepared by a suitably qualified and experienced Hydraulic Engineer in conjunction with a Registered Surveyor and the works-as-executed plan must include the following details (as applicable):

(a) The location of any detention basin/s with finished surface levels;

(b) Finished site contours at 0.2 metre intervals (if applicable)

(d) The location, diameter, gradient and material (i.e. PVC, RC etc) of all stormwater pipes;

(e) The orifice size/s (if applicable);

(f) Details of any infiltration/absorption systems; and (if applicable);

(g) Details of any pumping systems installed (including wet well volumes).(if applicable)

47. OCC3008 - Development Engineering - Consolidation of Site - The site shall be consolidated into one allotment 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 any occupation certificate (interim or final occupation certificate).

48. 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.

49. OCC7006 - Building - Prior to the issue of a Construction Certificate the applicant may be required, under Clause 144 of the Environmental Planning and Assessment Regulation, 2000 to seek written comment from FR NSW about the Fire Engineered Solution developed to meet the performance requirements under the Category 2 Fire Safety Provisions.

50. 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.

51. OCC6008 - Engineering - Dilapidation Report on Public Land for Major Development Only - Upon completion of works, a follow up dilapidation report must be prepared on Council infrastructure adjoining the development site, including:

(a) All public infrastructure adjoining the subject site

The dilapidation report must be prepared by a qualified structural engineer. The report must be provided to the Principal Certifying Authority and a copy provided to the Council.

The report must include the following:

(a) Photographs showing the condition of the road pavement fronting the site,

(b) Photographs showing the condition of the kerb and gutter fronting the site,

(d) Photographs showing the condition of retaining walls within the footway or road, and

(e) Closed circuit television/video inspection (in DVD format) of public stormwater drainage systems fronting, adjoining or within the site, and

(f) The full name and signature of the professional engineer.

The reports are to be supplied in both paper copy and electronic format in Word. Photographs are to be in colour, digital and date stamped.

Council’s Engineering Services Section must advise in writing that the works have been completed to their satisfaction prior to the issue of the Occupation Certificate. Further, Council will use this report to determine whether or not to refund the damage deposit.

52. OCC6009 - Engineering - Stormwater drainage works - Works As Executed - Prior to the issue of the Occupation Certificate, storm water drainage works are to be certified by a qualified storm water engineer, with Works-As-Executed drawings supplied to Council detailing:

(a) Compliance with conditions of development consent relating to stormwater;

(b) The structural adequacy of the On-Site Detention system (OSD);

(c) That the works have been constructed in accordance with the approved design and will provide the detention storage volume and attenuation in accordance with the submitted calculations;

(d) Pipe invert levels and surface levels to Australian Height Datum;

(e) Evidence that a positive covenant pursuant to Section 88E of the Conveyancing Act 1919 has been created on the title of the subject property, providing for the indemnification of Council from any claims or actions and for the on-going maintenance of the on-site-detention system and/or absorption trenches (including any pumps and sumps incorporated in the development).

Council’s Engineering Services section must advise in writing that they are satisfied with the Works-As-Executed prior to the issue of the Occupation Certificate.

53. OCC3011 - Development Engineering - Requirements prior to the issue of the Occupation Certificate - The following shall be completed and or submitted to the Principal Certifying Authority (PCA) prior to the issue of the Occupation Certificate:

(a) All the stormwater/drainage works shall be completed in accordance with the approved Construction Certificate plans prior to the issue of the Occupation Certificate.

(b) Construct any new vehicle crossings required.

(d) Work as Executed Plans prepared by a Chartered Professional Engineer or a Registered Surveyor when all the site engineering works are complete shall be submitted to the PCA prior to the issue of the Occupation Certificate.

54. 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. 587456M_02 dated 27 November 2014, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

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

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

(a) Residential dwellings: twelve (12) car spaces (1 per 1 or 2 bedroom dwelling and 2 per 3 bedroom dwelling, including allocation of one accessible car space to each adaptable dwelling)

(b) Residential visitors: three (3) car spaces

57. 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 150mm thick concrete vehicular crossing reinforced F72 fabric in accordance with Council’s Specifications for vehicular crossings.

(b) 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.

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.

58. 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.

59. 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.

60. 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.

61. 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 (MGB’s);

Domestic Recycling:- 4 x 240 litre MGB’s.

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.

62. 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.

63. 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.

64. 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.

65. 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.

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.

66. 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.

67. 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:

· Mechanical air handling, ventilation and car park exhaust system.

· Essential fire services and equipment including hydrant systems, hose reels, sprinklers, mechanical air handling system, portable fire extinguishers, emergency lights, exit signs, smoke hazard management and warning systems, etc.

· Smoke hazard management system and associated alarm system, stair pressurisation and fire modelling etc.

· Emergency lights, exit signs and warning systems.

· Energy efficiency report demonstrating compliance with the BCA.

· Protection of wall openings that stand less than 3 metres from the boundary or fire source feature.

· Fire Separation and Construction between Occupancies

· Sound Transmission and Insulation between Occupancies

· A new Fire Engineered Building Report prepared by an accredited fire engineer, confirming that the existing alternative solution implemented in the building will not be rendered ineffective by the proposed building alterations and fit-out works.

· Floor plan of the whole of the existing building with sufficient details to enable assessment for compliance with the BCA.

68. 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. (Note: Energy efficiency provisions relate only to new building work or the installation of new measure. Existing building fabric and measures may not be upgraded.)

69. 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.

70. 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.

71. 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.

72. 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.

73. 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.

74. 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.

75. 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.

76. 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.

77. 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.

78. 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.

79. 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.

80. 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.

81. 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.

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

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

An Occupation Certificate Application Form is attached for your convenience.

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

For video relating to 27 and 27A Austral St Penshurst click here

APPENDICES

Appendix View1	Location Map - 27 and 27A Austral St Penshurst
Appendix View2	Site Photo - 27 Austral St Penshurst
Appendix View3	Site Photo - 27A Austral St Penshurst
Appendix View4	Amended Elevations - 27 and 27A Austral St Penshurst
Appendix View5	Street View Aspect - 27 - 27A Austral St Penshurst
Appendix View6	Landscape Plan - 27 and 27A Austral St Penshurst
Appendix View7	Site Plan and Shadow Diagrams - 27 - 27A Austral St Penshurst
Appendix View8	Company Extract - Applicant - 27-27A Austral St Penshurst (Confidential)

Hurstville City Council – Council Meeting Wednesday, 16 September 2015

CCL892-15 39 - 41 Trafalgar St Peakhurst - Demolition and Construction of 3 Storey Residential Flat Building

Applicant	William Karavelas
Proposal	Demolition of the existing structures and construction of a new three storey residential flat building with basement parking
Owners	Australia-China Organisation Pty Ltd
Report Author/s	Development Assessment Officer, Mr P Nelson
File	DA2014/1147
Previous Reports Referenced	No
Disclosure of Political Donations or Gifts	No
Zoning	Zone R3 - Medium Density Residential
Existing Development	Two dwelling houses
Cost of Development	$3,500,000.00
Reason for Referral to Council	Two (2) variations to DCP1
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, State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development, Development Control Plan No 1 – LGA Wide
Hurstville Local Environment Plan Interpretation of Use	Residential Flat Building

EXECUTIVE SUMMARY

1. The application seeks approval for the demolition of existing structures and construction of a residential flat building containing four (4) x one (1) bedroom and twelve (12) x two (2) bedroom units with basement car parking.

2. The application has been assessed against the requirements of the relevant planning instruments and Development Control Plans and results in two (2) minor variations to Development Control Plan No 1 regarding building envelope and excavation.

3. The application was notified/advertised to sixteen (16) residents/owners for fourteen (14) days during which time no submissions were received.

4. The application was presented at Council meeting of 5 August 2015. A rescission motion was received on 10 August 2015. The rescission motion item was presented at the Council meeting of 19 August 2015 where Council resolved to defer the item for a site inspection. The site inspection was held on 26 August 2015.

5. The application was deferred at the Council meeting of 2 September 2015 for a Councillor workshop.

AUTHOR RECOMMENDATION

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

REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The proposed development is for the demolition of existing structures and construction of a residential flat building containing four (4) x one (1) bedroom and twelve (12) x two (2) bedroom units, basement car parking and front fences. The building has been stepped with the natural contours of the site (to accommodate a significant fall to the street) which results in a stepped form at the ground level and a reduced footprint on the top level. The development is to comprise the following:

Basement level

- Four (4) visitor spaces including car wash bay

- Seventeen (17) residential spaces including two (2) accessible residential spaces

- Bicycle storage area

- Sixteen (16) storage areas

- Garbage room

- Cleaners room

- Meter room

- Stairs and lift

Lower Ground floor

- Entry lobby/foyer to development

- Stairs and lift

- Two (2) x two (2) bedroom units

- Ground level private open space for these two (2) units

- Stair and ramp access to the building

- Front landscaped area

Ground Floor

- Foyer, lift and stairs

- Four (4) x two (2) bedroom units and two (2) x one (1) bedroom units

Level 1

- Foyer, lift and stairs

- Four (4) x two (2) bedroom units and two (2) x one (1) bedroom units

Level 2

- Foyer, lift and stairs

- Two (2) x two (2) bedroom units

- The second bedroom of two units on Level 1 are also provided on this level (Unit 13 and Unit 16 are split level units)

- Communal open space area at the front of the building located on the roof of Level 1

HISTORY

26 Nov 14 The subject application was lodged with Council.

4 Dec 14 Application notification letters sent

5 Dec 14 Notification period commences

19 Dec 14 Notification period ends

26 Feb 15 Application presented to the Design Review Panel.

18 Mar 15 Amended plans and information requested

28 Apr 15 Amended plans received

Jul 15 Amendments relating to driveway protection requested

16 Jul 15 Amended plans received

5 Aug 15 Application presented to Council meeting

10 Aug 15 Rescission motion received

19 Aug 15 Rescission motion deferred at Council meeting for site inspection

2 Sep 15 Application deferred for Councillor workshop

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the southern side of Trafalgar Street, Peakhurst and contains two (2) lots which have a combined frontage of 34.77m and a site area of 1327.9sqm. The site has a significant fall to the street of 5.56m.

Adjoining the site to the eastern boundary is an attached dual occupancy development. Adjoining the site on the western boundary is a single dwelling house owned by the NSW Land and Housing Corporation. To the west of this dwelling is a purpose built Child Care Centre.

An inter allotment drainage easement benefitting a number of properties to the rear (in Gover Street) traverses the centre of the site. The path of this easement will require amendment should the current proposal be approved.

Located directly opposite the site is Peakhurst Park.

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”	The proposed development is defined as a residential flat building	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
2.7 - Demolition	Demolition is permissible with consent	The proposed demolition has been assessed as part of this application and is recommended for approval, subject to standard conditions of consent being attached to any consent granted	Yes
4.3 – Height of Buildings	12m as identified on Height of Buildings Map	10.7m maximum	Yes
4.4 – Floor Space Ratio	1:1 as identified on Floor Space Ratio Map	0.97:1	Yes
5.9 – Preservation of Trees or Vegetation	Trees to be removed are specified in DCP1	No significant trees proposed for removal	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	Adequate facilities for the supply of water and for the removal of sewage and drainage are available to this site. Council Engineers have raised no objection to draining the site to Trafalgar Street, subject to conditions of consent. New driveway crossing from Trafalgar Street (standard conditions for the submission of separate vehicular crossing applications and driveway design)	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

2015 REVIEW OF SEPP 65 AND RESIDENTIAL FLAT DESIGN CODE

The subject development application was lodged on the 26 November 2014 and as such the provisions of the RFDC apply as detailed in the report below.

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	Erection of a new residential flat building	Yes
30 – Development Applications	Design verification statement provided by Qualified designer Registered Architect Name and Registration No.	Design Verification Statement provided by Registered Architect N Lycenko Registration No: 3010	Yes

Part 2 Design Quality Principles under the SEPP

Clause	Standard	Proposal	Complies
1 – Context	Good design responds and contributes to its context (eg natural and built features of an area)	The subject site is located in an area which is currently under transition from low density to an area where RFB development is permitted. The proposed design is considered to be an appropriate on for the area.	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	The proposed building is 3 habitable storeys and will be appropriately articulated and have a good landscaping design at the street frontage that will reduce and visual impact upon the streetscape. The height of the proposed building complies with the maximum 12m height requirement. The proposal is considered appropriate to the scale of the area.	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	The proposal responds appropriately to the site topography and results in a development that has adequate setbacks and reasonable privacy to adjoining properties	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)	Complies with FSR numerical standard of HLEP 2012	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	The application is supported by a BASIX certificate that satisfies this clause of SEPP	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	New planting will result in a good outcome for on-site landscaping. The landscaped open space area of the development provides appropriate and useable private and communal open space areas.	Yes
7 - Amenity	Good design provides amenity through the physical, spatial and environmental quality of a development	The courtyards and balconies provide an appropriate design and level of amenity	Yes
8 – Safety and Security	Good design optimises safety and security, both internal to the development and for the public domain	The proposal is considered to be consistent with crime prevention principles	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	The proposal responds appropriately to this clause of SEPP by providing a range of housing options that varies in unit size, number of bedrooms and adaptable units	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.	The proposed building is of reasonable architectural merit with a mix of building materials and finishes and architectural features.	Yes

Clause 30 – Consideration of Residential Flat Design Code Design Controls

Clause	Standard	Proposal	Complies
Building Height	Ensure future development responds to desired future scale and character of street and local area	Proposed development is consistent with scale of development permitted under the relevant planning instruments	Yes
Building Depth	Maximum 18m (glass line to glass line). For wider buildings must demonstrate how satisfactory daylight and natural ventilation are achieved	The proposed building has an average depth that exceeds 18m however the majority of units achieve two aspects and provide appropriate light and ventilation	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	The eastern neighbour is a dual occupancy development. Floor levels are staggered between these buildings reducing direct line of sight overlooking and windows are generally offset. Conditions will be required in relation to balcony privacy on this side of the proposal. The western neighbour will be an isolated site however the stepped building form will allow an adjoining design to achieve the 12m separation between habitable windows and balconies.	Yes (1) Eastern rear balconies require privacy screens to protect neighbouring dual occupancy
Street setbacks	Use different setback controls to differentiate between urban and suburban character areas. 5m -9m range is typical in suburban areas	Front setback = 6m with balconies projecting 1m into the front setback (complies with DCP No 1)	Yes
Side and rear setbacks	Relate side setbacks to existing streetscape patterns.	The side setback (building envelope) of the development does result in minor variations to the top floor for a small portion of the northern and central part of the building. The area where the variation occurs will not impact on the streetscape.	No, discussed in the report below under DCP1.
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 an FSR of 0.97:1	Yes
Deep Soil Zones	A minimum of 25% of the open space area of a site should be a deep soil zone	26.05% of the site is deep soil landscaping	Yes
Fences and walls	Clearly delineate the public and private domain	Boundaries are clearly delineated	Yes
Landscape design	Landscape design should optimise useability, privacy, social opportunity, equitable access and respect neighbour’s amenity	The proposal provides useable open space and appropriate planting to the site in the form of trees, shrubs and ground covers	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 4m	Communal open space = 13.47% (178.883sqm) of the site provided at the rear of the site and in the form of a communal area on level 2. Private open space areas to ground floor units exceed 25sqm.	No however the private open space areas provided to each unit make up for this shortfall
Orientation	Position and orientate buildings to maximise solar access	The proposed building has been appropriately positioned and oriented to maximise solar access. Clerestory windows have been included on the second level in order to improve solar access to the rear second storey units.	Yes
Planting on structures	Design for optimum conditions for plant growth	Small sized planting are limited to planter boxes and medium-large sized trees are to be planted in deep soil areas	Yes
Stormwater Management	Reduce the volume impact of stormwater on infrastructure by retaining it on site	Appropriate stormwater disposal can be achieved subject to conditions of consent	Yes
Safety	Undertake a formal crime prevention assessment of the development	Development is consistent with crime prevention principles	Yes
Visual privacy	Provide reasonable levels of visual privacy.	The proposal provides satisfactory levels of visual privacy. Paved courtyards are separated from boundary fences by areas of screen planting.	Yes
Building Entry	Create entrance which provides a desirable residential identity for development	The main entrance of the building is clearly visible and easily identified	Yes
Parking	Provide adequate car parking for the building and integrate parking with the design of the building	Basement car parking satisfies Council’s requirements	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.	Continuous access path of travel from the street to the main entrance of the building with disabled access to all public areas of the building and both adaptable units via the proposed lift	Yes
Vehicle Access	Limit width of driveways to 6 metres. Integrate adequate car parking and servicing access without compromising character	Driveway is 5.5m wide Basement parking is not visible from the street	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	· Majority of units have 2 aspects · Kitchens all <8m from a window · -No cross over apartments >15m deep	Yes
Apartment Mix	To provide a diversity of apartment types, which cater for different household requirements now and in the future	Both one and two bedroom units proposed	Yes
Balconies	Primary balconies to be a minimum of 2 metres in depth	Primary balconies have minimum depth exceeding 2m	Yes
Ceiling Heights	Residential buildings/floors · habitable rooms minimum 2.7m · non habitable rooms minimum 2.25m	All rooms have ceiling heights of 2.7m min.	Yes
Flexibility	Provide apartment layouts which can accommodate the changing use of rooms	Layout of units are considered acceptable	Yes
Ground floor apartments	Optimise the number of ground floor apartments with separate entries. Ensure ground floor apartments have access to private open space.	Only two (2) ground floor units provided and separate entry point through the front are difficult due to change in levels. All ground floor units have private open space and are accessible from a central entry point to the building	Yes
Internal Circulation	Maximum of 8 units to be accessible from a double loaded corridor.	Max. 6 units accessible from central corridor	Yes
Storage	To provide adequate storage for every day household items within easy access of the apartment 1br = 6m³ 2br = 8m³ 3br= 10m³	All units have a dedicated storage area that complies with the minimum storage required	Yes
Acoustic Privacy	Protect acoustic privacy of residents in apartments and in private open spaces	Acoustic privacy impact has been minimised with the use of planting, fencing and solid wall construction	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	-All units receive min 3 hours solar access to living rooms and private open space -No units have a single southerly aspect	Yes
Natural Ventilation	-60% of residential units should be naturally cross ventilated. -25% of kitchens should have access to natural ventilation.	-75% units are naturally cross ventilated -31% kitchens have natural ventilation	Yes
Facades	Facades must define and enhance the public domain and desired street character	Façade of the proposed building is considered acceptable	Yes
Roof design	Provide quality roof designs which contribute to the overall design	Roof form contributes to the overall design of the development and responds appropriately to the streetscape and site topography	Yes
Energy efficiency	Reduce reliance on artificial heating and cooling	The proposal is considered acceptable, subject to BASIX requirements	Yes
Maintenance	Supply waste management plans as part of the development application	Waste management plan submitted with the application is appropriate	Yes
Water conservation	Encourage use of rainwater tanks, use AAA rated appliances and store rainwater on site	BASIX certificate submitted addresses water conservation	Yes

Advice from the Design Review Panel

The application was presented to the Design Review Panel (DRP), who have provided the following comments. These comments are followed by comments from the applicant’s response (where required) and the Development Assessment Officer (DAO).

PRINCIPLE 1 - CONTEXT

DRP advice: “This is an area under transition and is opposite to a high quality park. The site is steeply graded with approximately 5m level change from the rear of the property to Trafalgar Street.

The adjoining site to the west, 43 Trafalgar Street, is in danger of becoming an isolated site and should desirably be amalgamated with 39-41 Trafalgar Street.

There is a spectacular stand of existing trees on the adjoining site to the rear. These trees act as a visual landmark for the neighbourhood and should be protected through any works. The architect advised that there were discussions regarding a stormwater pipe in the vicinity of the rear boundary. Whilst this may be outside of the scope of this development the proposed design should not impact on the height and long term viability of these trees.”

Applicant comment: “A valuation and offer of purchase has been sent to the NSW Department of Housing to see if there is any potential of amalgamating the sites. Should they decide to sell then this DA will be withdrawn and a new DA lodged over the three sites. In the meantime, amendments have been made to the proposal to cover all the concerns raised by the Panel and Council in order to have an appropriate development.

Regarding the neighbouring trees; an arborist report has been prepared and the recommendations incorporated into the amended plans and landscaping plans.”

DAO’s comment: The trees adjoining the site to the rear are not proposed to be removed as part of the proposal. Separation from basement excavation to the rear boundary of between 5.5m and 6.8m is appropriate to ensure the retention of the trees in the rear property. This has been confirmed in an Arborists report lodged in response to the issue.

PRINCIPLE 2 - SCALE

DRP advice: “Appropriate.”

PRINCIPLE 3 - BUILT FORM

DRP advice: “There are major concerns about the extent of proposed excavation to the rear of the site which would be required by the design in its present form – up to 2.5m deep.

The applicant advised they were considering modifications to the submitted design which would reduce this extent of excavation by raising the floor level significantly for the rear bank of units. This would be strongly supported by the Panel.

The location of communal open space in the southern boundary of the site is poor. The Panel recommended providing additional open space and associated amenities at roof top level or possibly in the area currently shown as a void on the northern frontage of the building overlooking the park, where both options would have the benefit of excellent sunlight and outlook.

The balconies facing towards east and west boundaries would precipitate privacy impacts on neighbouring properties. They should be very substantially screened and the second floor balconies could be reduced in width to minimise overlooking.”

Applicant comment: “As discussed at the Panel meeting, the rear of the proposal has been raised by 1.2m in order to bring the rear closer to natural ground level and reduce the amount of excavation required.

As recommended, an additional area of common open space has been created at rooftop level. This area benefits from facing north and overlooking the park creating an area that can be used year round. This area is also pulled back approx. 10m from the side boundaries in order to maintain neighbour’s privacy. The area of common open space at the rear of the property now benefits from being closer to ground level. This area is excellent for summer use.

As recommended, the balconies facing east and west have been redesigned to be orientated towards the street with areas facing neighbouring boundaries now screened to maintain privacy.

Second floor balconies have been substantially reduced in size and are between 6.025m and 6.980m from side boundaries.”

DAO’s comment: The excavation for the proposed rear units has been resolved in amended plans. Rear units are now closer to existing natural ground level. Amended plans have provided for balcony screening to the central portion of the proposal however conditions of consent will require additional screening for balconies at the rear of the proposal.

PRINCIPLE 4 - DENSITY

DRP advice: “Appropriate.”

PRINCIPLE 5 - RESOURCE, ENERGY AND WATER EFFICIENCY

DRP advice: “Subject to BASIX.

The rear of the site could be redesigned to provide more Angophora floribunda tree plantings which could supplement the stand of existing trees on the adjoining site. This native tree would provide significant environmental benefits such as habitat as well as providing a positive benefit to the local micro-climate.”

Applicants comment: “As recommended, additional Angophora floribunda trees have been added to the rear of the site (see amended landscaping plans).”

DAO’s comment: Two (2) Angophora floribunda have been included in the landscape plan.

PRINCIPLE 6 - LANDSCAPE

DRP advice: “It is unclear if an arborist has prepared the information on existing trees for the development. Given the significance of the trees on adjoining properties it is recommended that qualified arborist provide a detailed report and nominate appropriate TPZ (Tree Protection Zone) so as to ensure minimal impact on these trees. TPZs should be shown on all architectural, landscape and engineering drawings.

The common open space at the rear could be reduced in scale, and additional space provided as discussed under ‘Built Form’. The design of the rear landscape zone should be significantly revised, in light of the revised building levels. The retaining wall should be as low as possible. The provision of additional trees as discussed above could provide an attractive landscape space for overlooking units.

The landscape to the front appears to include seating. It is unclear if this is intended to be a communal open space. It would be preferable if the seating would be located adjacent to the entrance path.

OSD tank should be relocated outside deep soil zones. The proposed drainage stormwater lines and pits in the small lawn spaces on the western boundary should be located outside of lawn zones and in paving areas.”

Applicants comment: “The Panel’s recommendation has been incorporated into the amended landscape plans and architectural plans.

As recommended by the Panel, the rear common open space has been reduced in scale and additional space provided at the rooftop level as mentioned previously. The rear landscape zone has been significantly revised and retaining walls kept as low as possible. Also, additional trees have been provided.

Two seats are provided at the front for the use of the residents adjacent to the entry path and stairs.

The stormwater OSD position is dictated by the size required and the position and level of the storm water pipe in the street.”

DAO’s comment: An arborists report has been submitted and has concluded that the retaining wall proposed along the rear boundary is not within the tree protection zone of the trees in the rear adjoining property. As such the proposal is unlikely to impact on these trees.

The landscaping at the front of the site is appropriate and the location of the OSD does not result in the amount of landscaping falling below the minimum required amount for the site.

PRINCIPLE 7 - AMENITY

DRP advice: “The amenity of residential units is of reasonable standard. The amenity of the communal space is poor and this should be addressed as recommended above.

Screening should be provided to the balcony provided over the driveway ramp (Unit 1) and to large mid building balconies facing east and west (Units 8, 11, 14, 13, 15 and 16), as well as corner balconies which may give rise to privacy impacts.”

Applicants comment: “All recommendations by the Panel have been incorporated into the amended plans.”

DAO’s comment: Amended plans have provided for an additional north facing communal courtyard on level 2 of the proposal.

Amended plans have provided for privacy screens to balconies in the central portion of the east and west elevations however conditions of consent will require privacy screens for the rear units as well.

PRINCIPLE 8 - SAFETY AND SECURITY

DRP advice: “The entry lobby doors should come further forward to prevent any possible security issues.”

Applicant Comment: “The entry doors, while being recessed, do not cause a security problem. This is due to the fact that the entry door and side lights are fully glazed and therefore provide a direct view from the entry to the street. Also, the pathway is a 2.8m wide straight run to the front footpath. This does not allow for any areas to hide or that are non-visible.”

DAO’s comment: This issue has been clarified in relation to the proposed door treatment. This design response is satisfactory.

PRINCIPLE 9 - SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY

DRP advice: “Acceptable subject to provision of a satisfactory communal area.”

DAO’s comment: An additional communal area has been provided in response to this issue.

PRINCIPLE 10 - AESTHETICS

DRP advice: “Generally acceptable, however the red panel treatment appears out of character and detracts from the building. The redesign of the void spaces to provide additional communal space could facilitate the redesign of the front elevation.”

Applicants comment: “The red panel treatment blends in well with the colour palette of the building and offers an interesting entry feature.”

DAO’s comment: There is not established character in Trafalgar Street and the area is currently under transition from an area characterised by single dwellings to one where residential flat buildings will become the common built form. In this context the impact of the proposed colour treatment of the proposed feature wall is difficult to gauge. However it is unlikely that this feature wall will result in an unreasonable impact on the future envisioned streetscape.

2. Draft Environmental Planning Instruments

There are no draft environmental planning instruments applicable.

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 2.2 NEIGHBOUR NOTIFICATION AND ADVERTISING OF DEVELOPMENT APPLICATIONS

The application was notified/advertised to sixteen (16) residents/owners in accordance with this section of Development Control Plan No 1. No submissions were received in relation to the proposed development

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	17 residential spaces	Yes
3.1.4.1 -Visitor parking (4 or more dwellings)	1 space per 4 dwellings or part thereof (12 units proposed) = 4	4 visitor car 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	Driveway gradient 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	Complies	Yes
3.1.4.6 – Parking for people with a disability	Compliance with AS1428 – Design for access and mobility and AS2890.6	Can achieve compliance	Yes
3.1.4.8 - Car washing area	1 space (which can be a visitor space)	Car wash bay shown on plans which is also a visitor car space	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) = 2 Adaptable dwelling complies with AS4299	2 adaptable units (Unit 5 and Unit 11)	Yes
Access requirements	Access in accordance with AS1428 for all persons through the principal entrance of the building and to common areas	Can be provided	Yes
Accessible car space	1 space per adaptable dwelling Layout complies with Australian Standard	1 space per adaptable dwelling provided	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. Basement car park is not considered to be a dominant feature of the overall streetscape, given that it is not visible from the street.	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 provides appropriate surveillance to the street	Yes
Blind Corners	To be avoided	No bind corners evident	Yes
Communal Areas	Provide opportunities for natural surveillance	The communal areas are located at the rear of the site. Natural surveillance from the front foyer is available to the street via the glazed doors and side panels.	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	Standard lighting is considered to be appropriate	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

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

The subject site has a fall to the street and the site may drain and the basement pump to Council’s drainage system in Trafalgar Street in accordance with Council’s drainage requirements.

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

The fencing proposed on the Trafalgar Street frontage is consistent with the objectives of Development Control Plan No 1.

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 3.10 PRESERVATION OF TREES AND VEGETATION

No significant trees are located on the subject site and an arborists report has indicated that the proposal will not impact on any significant trees on adjoining properties.

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	34.77m	Yes
Residential density (Floor Space Ratio)	Cl 4.4 of HLEP 2012 = Max. 1:1	FSR = 0.97:1	Yes
Landscaped Area	Minimum 20%	26.05%	Yes
Maximum Building Height	Cl 4.3 of HLEP 2012 = Max. 12 m	10.7m	Yes
Front Site Height Maximum	12m	10.7m	Yes
Rear Site Height Maximum	12m	10.45m	Yes
Number of habitable storeys at front of site	3 habitable storeys	3 habitable storeys	Yes
Number of habitable storeys at rear of site	3 habitable storeys	3 habitable storeys	Yes
Minimum Private Open Space Area	Ground floor level 1 or 2 bedroom unit = 50sqm Min dimension – 3m Upper levels All units = 12sqm Min width - 2.5m Direct access from living room	Ground floor level Unit 1 – 50.4sqm Unit 2 – 54.4sqm Unit 3 – 105.66sqm Unit 4 - 103.95sqm Unit 5 – 62.7sqm Unit 6 - 51.17sqm Min dimension – 3m for 50sqm of area Upper levels All units with private open space on upper levels have a balcony of at least 12sqm with minimum 2.5m dimensions. All private open space has direct access from living room	Yes Yes Yes Yes
Minimum Principal Private Open Space Area	Ground floor Must not be located forward of the front building line 1 or 2 bedroom unit = 4m x 4m – 1:20 (max) Upper levels 1 or 2 bedroom unit = 12sqm	All units comply with this requirement	Yes
Landscape Plan	Landscape Plan to be submitted with the DA	Landscape plan submitted with the application has been prepared by a qualified landscape architect and is appropriate	Yes
Front Boundary Setbacks	Minimum 6m, balconies can project 1m	6m minimum with balconies projecting max. 1m	Yes
Rear Boundary Setbacks	Minimum 6m, balconies can project 1m	6m with up to 1m balcony projection	Yes
Minimum Side Boundary Setbacks	Building envelope No projections of any form permitted outside the building envelope	Proposal seeks a variation to building envelope on the top floor with a variation to a 3.65m wide portion of the building (split level portion of Unit 13 and Unit 16) on the northern side. Variation is from 100mm up to a maximum of 850mm	No (1)
Maximum excavation of natural ground level	500mm	Up to 1.1m cut required to provide for level building platform at the rear of the site	No (2)
Driveways, access lanes and car parking	If street frontage is 20m or less – Must not occupy more than 40% of the frontage >20m – Must not occupy more than 33%	Frontage = 34.77m Driveway = 15.81%	Yes
Garages and car ports	Garages must not visually dominate the street facade	Basement car park does not dominate the street facade	Yes
Basement parking	Basement cannot extend more than 1m above natural ground level	Basement does not extend above existing natural ground level.	Yes
Visual Privacy	Habitable windows within 9m to be offset 1m or screened	Windows/balconies are either offset vertically or provided with adequate screening. A condition will require additional screening for rear balconies on the side elevations.	Yes
Solar Design and Energy Efficiency	3hrs of sunlight upon the open space areas of adjacent dwellings between 9am-3pm on 21 June	Minimum 3 hours sunlight to 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)	Proposed front fencing complies with requirements	Yes
Site Services	Site must be serviced by standard utilities	Appropriate utilities can be provided	Yes
Storage	6m³ per dwelling	Each unit has a storage area of at least 6m³	Yes

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

(1) Minimum Side Boundary Setbacks (Building Envelope)

The proposed development seeks a variation to the building envelope for the eastern and western side of the proposal for a 3.65m wide portion of the building on the top floor in the area occupied by the split level component of Units 13 and 16.

The variation is very minor with a maximum variation of up to 850mm. This variation results in no amenity impact as it is setback from the front boundary and is for a small portion of the eastern and western second floor wall length. It will result in a negligible impact on solar access and neighbor amenity.

The proposal also easily complies with the required envelope for the remaining 12.2m length of wall on each elevation.

The variation is caused by a severe fall to the street of 5.56m for the site and 3.2m within the building footprint.

(2) Excavation

The proposal seeks permission for up to 1.1m of excavation on the site.

This variation is acceptable in this instance as a result of the topographical site constraint of a 3.2m fall to the street within the footprint of the building.

The proposal has been significantly stepped to respond to the topography of the allotment and when viewed in relation to the site constraint, the 1.1m variation is minor in nature.

The variation will have a negligible impact on neighbor amenity and will not impact on the end user amenity of the proposal.

Isolated Site Issue

The application has also been considered in relation to the existing subdivision pattern and an issue has been identified in relation to the potential for this development to result in the creation of an isolated site.

For the purpose of assessment of this issue, the eastern neighbor, a newly created dual occupancy development, is considered to have been developed and is not considered to be isolated as part of this application.

However the western neighbor is a candidate for isolation should this application be approved as it will result in this single site being located between the subject site and a site that has been developed as a purpose built Child Care Centre.

The site which will be isolated is identified as 43 Trafalgar Street and this property is owned by the NSW Land and Housing Corporation (LAHC). The applicant has provided a registered valuation of 43 Trafalgar and made an offer to LAHC to purchase the property. This offer was in accordance with the industry standard of 10% above estimated market value.

LAHC have indicated that they will undertake a review of the property and should this review conclude that the site can be sold, this will be done so on the open market. LAHC have indicated that they can only sell the property on the open market.

Seeking further clarification on this comment, LAHC were contacted to determine if the property was likely to be sold. It was indicated that this was currently under review and it was reiterated that the property would be sold on the open market should the LAHC review determine that the site was suitable for sale.

With no certainty in relation to the status and availability of the adjoining property and as the applicant has done everything possible to facilitate a sale, it is considered that the proposal can be considered despite the likelihood of the adjoining site being created as an isolated site.

RECENT LAND & ENVIRONMENT COURT DECISIONS

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

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 Development Control Plan. 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 Development Control Plan and those matters prescribed under Section 79C 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.

4. Impacts

Natural Environment

An arborists report submitted with the application has indicated that the proposal will not impact on any adjoining significant tree.

The subject site has no significant trees and as such the proposal is unlikely to impact on the natural environment.

Built Environment

The proposed development is unlikely to have an adverse impact on the built environment and is considered to be appropriate in terms of its scale, bulk and height. The development complies with the relevant built form requirements except for a minor variation the building envelope. This variation is supported as discussed in the report as it results in no unreasonable impacts to adjoining developments or the built environment.

Social Impact

The proposal is for permitted residential purpose and is unlikely to have any adverse social impact.

Economic Impact

The proposal is unlikely to have an adverse economic impact.

Suitability of the Site

The subject site is suitable for this type of development.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Residents

The application was notified/advertised to sixteen (16) residents/owners in accordance with this section of Development Control Plan No 1. No submissions were received in relation to the proposal.

Council Referrals

Team Leader Subdivision and Development

Council’s Team Leader Subdivision and Development has examined the application and has raised no objection subject to conditions of consent.

Drainage Engineer

Councils Drainage Engineer has indicated that the proposal is appropriate subject to the basement being protected from inundation of street waters by the introduction of a crest. Conditions of consent have been included in relation to drainage and the connection of stormwater to Trafalgar Street, which will require the extension of a Council drainage pipe in the street. Standard conditions for drainage have also been included.

The plans have been amended to incorporate a crest in the driveway to protect the basement from inundation.

External Referrals

Design Review Panel

6. CONCLUSION

The application seeks permission to demolish the existing structures and construct a residential flat building containing sixteen (16) units and basement car parking area. The development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and complies except for the building envelope for the eastern and western elevations and in relation to maximum proposed excavation. These variations are supported as they result in no adverse impacts to adjoining developments and are generated by the topographical site constraint of the significant fall of the site to the street.

The proposal is likely to create an isolated site. While this outcome is unfortunate, all reasonable steps have been taken by the applicant to purchase the property, but the property owner (the NSW Land and Housing Corporation) has been unable to provide certainty in relation to the timing of any potential sale.

DETERMINATION

THAT pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred commencement consent to Development Application DA2014/1147 for the Demolition of existing structures and new three storey residential flat building with basement parking on Lot 135 and Lot 136, DP 36317 and known as 39 and 41 Trafalgar Street, Peakhurst, 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. DEF1003 - Deferred Commencement - Registration of Stormwater Easement - The person with the benefit of the consent must create an Easement to Drain Water of 1.2 metre (minimum) width along the entire length of the north eastern boundary of the development site. This easement shall benefit the properties to the rear known as 30-40 Gover Street (inclusive), being Lots 145 to 150 (inclusive) in DP 36317

The consent is not to operate until evidence of registration of the easement to drain water benefitting the above-mentioned lands in Gover Street is provided to Council

B. DEF1004 - Deferred Commencement - Registration of Modification to Existing Stormwater Easement - The person with the benefit of the consent must modify the terms of the existing Easement to Drain Water of 1.2 metre wide along the rear north western boundaries of the properties to the rear known as 32-38 Gover Street.

The terms of this easement shall be modified to ensure each property being 30-40 Gover Street, being Lots 145 to 150 (inclusive) in DP 36317 has the benefit to drain stormwater through each section of the easement to the position of the newly created easement in the site subject to this development consent.

The consent is not to operate until evidence of registration of the modification to the existing easement to drain water benefitting the above-mentioned lands in Gover Street is provided to Council.

C. DEF1005 - Deferred Commencement - Extinguishment of Existing Easement - The person with the benefit of the consent must extinguish the existing Easement to Drain Water 1.2 metres wide that burdens the site subject to this development consent.

The consent is not to operate until evidence of registration of the extinguishment of this easement is provided to Council.

D. DEF1006 - Deferred Commencement – Drainage Works - A Deferred Commencement is to apply and will be subject to approval being granted to a Section 138 Drainage Application for the extension of Council’s drainage system at full cost to the Developer.

This will require the construction of a 375mm (min.) diameter concrete pipeline and gully pits between the existing gully pit at the sag point in front of 35 Trafalgar Street to a location in front of the subject development site.

Discharge from –

· the subject development site,

· the pipeline in the proposed Easement to Drain Water, and

· street runoff from Trafalgar Street

must drain into the gully pit to be located in front of 39-41 Trafalgar Street.

A Hydraulic Grade Line Analysis of the proposed pipeline extension in Trafalgar Street is to accompany the design for this system.

The consent is not to operate until written Approval has been given by Council of the submitted information.

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, B, C and D 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

Reference No.	Date	Description	Revision	Prepared by
DA01 B	14/4/2015	Site Analysis Plan and Streetscape Elevation	B	Cornerstone Design
DA02 C	09/7/2015	Basement Plan	C	Cornerstone Design
DA03 C	09/7/2015	Lower Ground Floor Plan	C	Cornerstone Design
DA04 B	14/4/2015	Ground Floor Plan - First Floor Plan	B	Cornerstone Design
DA05 B	14/4/2015	First Floor Plan - Second Floor Plan	B	Cornerstone Design
DA06 C	15/7/2015	Second Floor Plan - Rooftop Plan	C	Cornerstone Design
DA07 B	14/4/2015	Roof Plan	B	Cornerstone Design
DA08 B	14/4/2015	Elevations	B	Cornerstone Design
DA09D	15/7/2015	Elevation, Section A-A, Driveway Profile	D	Cornerstone Design

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:

Please contact Council prior to the payment of Section 94 Contributions to determine whether the amounts have been indexed from that indicated below in this consent and the form of payment that will be accepted by Council.

(a) Fees to be paid to Council:

Schedule of fees, bonds and contributions

Fee Type	Paid	Amount	Receipt Date	Receipt No
Development Application Fee	X	$3,975.00	26 Nov 14	2024576
Plan First Fee	X	$2,240.00	26 Nov 14	2024576
Notification Fee	X	$320.00	26 Nov 14	2024576
DA Advertising Fee	X	$1,105.00	26 Nov 14	2024576
Design Review Panel Fee	X	$3,975.00	26 Nov 14	2024576
Design Review Panel Admin Fee	X	$103.00	26 Nov 14	2024576
Long Service Levy		$12,250.00
Builders Damage Deposit		$41,724.00
Inspection Fee for Refund of Damage Deposit		$280.00
S94 Residential (Community Facilities)		$20,661.62
S94 Residential (Open Space, Recreation, Public Domain)		$146,085.13

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

Subdivision Application Fee	X	$1,370.00	26 Nov 14	2024576
Subdivision Certificate Fee		$2178.00
S88B Checking Fee		$300.00

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

PCA Services Fee		$3,737.50
Construction Certificate Application Fee		$3,737.50
Construction Certificate Imaging Fee		$229.00

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

a. Amount of Contribution

Contribution Category Amount

Community Facilities $20,661.62

Open Space, Recreation and Public Domain Facilities $146,085.13

Total: $166,746.75

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 a Construction Certificate as specified in the development consent

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

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: $41,724.00.

(b) Payment to Council of a non-refundable inspection fee to enable assessment of any damage and repairs where required: $280.00.

(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 at: www.hurstville.nsw.gov.au

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

(a) Construct a 1.50 metre wide x 80mm thick concrete path for the full length of the frontage of the site in Trafalgar Street 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.

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 Hurstville Council’s Website at: www.hurstville.nsw.gov.au

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

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

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

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

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

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

11. CC2030 - Development Engineering - Stormwater - Protection of basement from inundation of stormwater waters

Reference No.	Date	Description	Revision	Prepared by
CD1375/DA03	14/4/15	Lower Ground Floor Plan	B	Cornerstone Design
CD1375/DA9	14/4/15	Elevation, Section A-A, Driveway Profile	B	Cornerstone Design
14072-D02	14/11/14	Basement Stormwater Plan and Drainage Details	A	Australian Consulting Engineers
140720-D03	17/11/14	Ground Floor Stormwater Drainage Plan	B	Australian Consulting Engineers

The above submitted plans have been assessed as concept plans only and no detailed assessment of the design has been undertaken.

The construction of the building shall be designed to provide 300mm freeboard above the Water Surface Level of RL26.5m AHD - i.e. a driveway crest level of RL26.8m AHD - as determined by Council’s Consultant Engineer SMEC in its 2015 Hurstville LGA Flood Study, to provide protection for the underground basement from the inundation of surface waters.

Evidence from an appropriately qualified person that this design requirement has been adhered to shall be submitted with the Construction Certificate application.

12. CC3002 - Development Engineering - Stormwater Systems with Basement - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

The underground basement car park must pump to and all other stormwater must drain by gravity to the upper level of the new kerb inlet pit required to be constructed directly in front of the development site.

13. CC3010 - Development Engineering - Support for Easement Pipes -

(a) All footings within 2.0 metres of the drainage easement shall be designed in such a manner that they are supported by foundations set at a minimum of 300mm below pipe invert levels or founded on sound rock.

(b) Alternatively the footings of the building or any structure shall be designed not to affect the zone of influence taken from the invert of any pipe.

(c) The walls of any dwelling, pool or structure adjoining the easement shall be designed to withstand all forces should the easement be excavated to existing pipe invert levels.

(d) No building or other structure must be placed over the drainage easement or stormwater system or within the zone of influence taken from the invert of any pipe.

Evidence from an appropriately qualified person that this design requirement has been met shall accompany the application for the Construction Certificate.

14. CC3012 - Development Engineering - Pump-Out System Design for Stormwater Disposal - The design of the pump-out system for storm water disposal will be permitted for drainage of basement areas only, and must be designed in accordance with the following criteria: -

(a) The pump system shall consist of two (2) pumps, connected in parallel, with each pump being capable of emptying the holding tank at the rate equal to the rate of inflow for the one (1) hour duration storm. The holding tank shall be capable of holding one hour’s runoff from a one (1) hour duration storm of the 1 in 20 year storm;

(b) The pump system shall be regularly maintained and serviced, every six (6) months; and

(c) Any drainage disposal to the street gutter from a pump system must have a stilling sump provided at the property line, connected to the street gutter by a suitable gravity line.

Engineering details demonstrating compliance and certification from an appropriately qualified and practising civil engineer shall be provided with the application for the Construction Certificate.

15. 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.

16. CC3018 - Development Engineering - Section 138 Roads Act Approval for Stormwater Works - A separate approval is required to be lodged and approved under Section 138 of the Roads Act 1993 for the construction of the proposed extension of the stormwater pipeline in Trafalgar Street

This separate activity approval 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.html. For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

17. CC3019 - Development Engineering - 2015 Hurstville LGA Flood Study - The development shall be designed to conform to a freeboard of 300mm above the Water Surface Level of RL 26.5m AHD as determined by Council’s Hydraulic Consultant SMEC to provide protection for the underground basement from any possible inundation of surface waters i.e. a driveway crest level of RL26.80m AHD.

Evidence from an appropriately qualified person that all design requirements have been adhered to shall be submitted with the Construction Certificate application.

18. CC3020 - Development Engineering - Detailed Drainage Design for Easement to Drain Water - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken. A detailed drainage design supported by a catchment area plan and drainage calculations (including a Hydraulic Grade Line Analysis) must be submitted with the Construction Certificate application.

(a) The submitted concept hydraulic plan shall be amended to include the construction of a drainage system in the proposed 1.2m wide Easement to Drain Water to convey the stormwater runoff in a 1:20yr ARI storm event from properties that are the beneficiaries of the existing Easement to Drain Water on Lot 136 in DP36317.

(b) The submitted driveway profile and plan (titled Lower Ground Floor) shall be amended to provide 300mm freeboard above the Water Surface Level of RL26.5m AHD determined in the 2015 Hurstville LGA Flood Study by SMEC.

(c) A driveway crest level of RL26.8m AHD will provide protection for the underground basement from the inundation of surface waters.

These hydraulic design changes are to be incorporated into the Detailed Hydraulic Plans submitted for approval with the Construction Certificate Application.

(d) The eastern edge of the balcony of Unit 9 is to be provided with a fixed privacy screen to prevent overlooking of the adjacent side boundary neighbour. This screen is to prevent overlooking but be designed in such a way as to not reduce solar access to Unit 9.

(e) The western edge of the balcony of Unit 10 is to be provided with a fixed privacy screen to prevent overlooking of the adjacent side boundary neighbour. This screen is to prevent overlooking but be designed in such a way as to not reduce solar access to Unit 9.