Agenda of Council Meeting

Section 117 Directions	Comment
3.1 Residential Zones	The Planning Proposal will result in a very minor reduction in R2 Low Density Residential zoned land. The current and future use of the Subject Site is for an educational establishment.
3.4 Integrating Land Use and Transport	Consistent. The Subject Site is strategically positioned in term of proximity to the Hurstville City Centre and the Hurstville Railway Station and Bus Interchange. The Planning Proposal does not hinder the application of this Direction.
6.1 Approval and Referral Requirements	The Planning Proposal does not include provisions that require concurrence, consultation or referral of development applications to the Minister or public authority or identify development as designated development.
6.2 Reserving Land for Public Purposes	Consistent. The Planning Proposal does not hinder the application of this Direction. No lands are proposed to be reserved for Public Purposes through the Planning Proposal.
7.1 Implementation of A Plan for Growing Sydney	The Planning Proposal is not inconsistent with the NSW Government’s A Plan for Growing Sydney (December 2014).

State Environmental Planning Policy	Applicable	Consideration
SEPP No.1 – Development Standards	Not applicable to Hurstville.	Repealed by clause 1.9 of Hurstville LEP 2012.
SEPP No.14 – Coastal Wetlands	Not applicable to Hurstville.	--
SEPP No.15 – Rural Landsharing Communities	Not applicable to Hurstville.	--
SEPP No.19 – Bushland in Urban Areas	Not applicable to the Planning Proposal.	The Subject Site is located within the established urban area of Hurstville in the existing Danebank School campus.
SEPP No.21 – Caravan Parks	Not applicable to the Planning Proposal.	The proposed rezoning to SP2 Infrastructure (Educational Establishment) will prohibit caravan parks.
SEPP No.26 – Littoral Rainforests	Not applicable to Hurstville.	--
SEPP No.29 – Western Sydney Recreation Area	Not applicable to Hurstville.	--
SEPP No.30 – Intensive Agriculture	Not applicable to Hurstville	--
SEPP No.32 – Urban Consolidation (Redevelopment of Urban Land)	Not applicable to Planning Proposal.	The proposed rezoning to SP2 Infrastructure (Educational Establishment) will reflect the current use of the land for school purposes. Residential accommodation will be prohibited under the SP2 zone. The Planning Proposal does not hinder the application of this SEPP.
SEPP No.33 – Hazardous and Offensive Development	Not applicable to the Planning Proposal.	The proposed rezoning to SP2 Infrastructure (Education Establishment) will prohibit hazardous and offensive industries on the Subject Site. The existing R2 Low Density Residential zoning also prohibits these land uses.
SEPP No.36 – Manufactured Home Estates	Not applicable to Hurstville.	--
SEPP No.39 – Spit Island Bird Habitat	Not applicable to Hurstville.	--
SEPP No.44 – Koala Habitat Protection	Not applicable to Hurstville.	--
SEPP No.47 – Moore Park Showground	Not applicable to Hurstville.	--
SEPP No.50 – Canal Estate Development	Not applicable to the Planning Proposal.	The Planning Proposal does not propose canal estate development.
SEPP No.52 – Farm Dams and Other Works in Land and Water Management Plan Areas	Not applicable to Hurstville.	--
SEPP No.55 – Remediation of Land	Not applicable to the Planning Proposal.	Consistent. The Planning Proposal will not hinder the application of this SEPP.
SEPP No.59 – Central Western Sydney Regional Open Space and Residential	Not applicable to Hurstville.	--
SEPP No.62 – Sustainable Aquaculture	Not applicable to the Planning Proposal.	Consistent. The Planning Proposal will not hinder the application of this SEPP.
SEPP No.64 – Advertising and Signage	Not applicable to the Planning Proposal.	Consistent. The Planning Proposal will not hinder the application of this SEPP.
SEPP No.65 – Design Quality of Residential Apartment Development	Not applicable to the Planning Proposal.	The proposed rezoning to SP2 Infrastructure (Educational Establishment) will reflect the current use of the land for school purposes. Residential flat buildings will be prohibited under the SP2 zone.
SEPP No.70 – Affordable Housing (Revised Schemes)	Not applicable to Hurstville.	---
SEPP No.71 – Coastal Protection	Not applicable to Hurstville.	--
SEPP (Affordable Rental Housing) 2009	Not applicable to the Planning Proposal.	The proposed rezoning to SP2 Infrastructure (Educational Establishment) will reflect the current use of the land for school purposes. Residential accommodation will be prohibited under the SP2 zone.
SEPP (Building Sustainability Index: BASIX) 2004	Not applicable to the Planning Proposal.	Any future school development will not be required to comply with the BASIX requirements for residential accommodation.
SEPP (Exempt and Complying Development Codes) 2008	Not applicable to the Planning Proposal.	Not inconsistent. The Planning Proposal does not hinder the application of this SEPP.
SEPP (Housing for Seniors or People with a Disability) 2004	Not applicable to the Planning Proposal.	The proposed rezoning to SP2 Infrastructure (Educational Establishment) will reflect the current use of the land for school purposes. Residential accommodation will be prohibited under the SP2 zone.
SEPP (Infrastructure) 2007	Applicable to the Planning Proposal.	Consistent. The SEPP will apply to all future development on the SP2 Infrastructure zoned land.
SEPP (Kosciuszko National Park – Alpine Resorts) 2007	Not applicable to Hurstville.	--
SEPP (Kurnell Peninsula) 1989	Not applicable to Hurstville.	--
SEPP (Major Development) 2005	Not applicable to the Planning Proposal.	Not inconsistent. The Planning Proposal does not hinder the application of this SEPP.
SEPP (Mining, Petroleum Production and Extractive Industries) 2007	Not applicable to the Planning Proposal.	Not inconsistent. The Planning Proposal does not hinder the application of this SEPP.
SEPP (Miscellaneous Consent Provisions) 2007	Not applicable to the Planning Proposal.	Not inconsistent. The Planning Proposal does not hinder the application of this SEPP.
SEPP (Penrith Lakes Scheme) 1989	Not applicable to Hurstville.	--
SEPP (Rural Lands) 2008	Not applicable to Hurstville.	--
SEPP (SEPP 53 Transitional Provisions) 2011	Not applicable to Hurstville.	--
SEPP (State and Regional Development) 2011	Not applicable to the Planning Proposal.	Not inconsistent. The Planning Proposal does not hinder the application of this SEPP.
SEPP (Sydney Drinking Water Catchment) 2011	Not applicable to Hurstville.	--
SEPP (Sydney Region Growth Centres) 2006	Not applicable to Hurstville.	--
SEPP (Three Ports) 2013	Not applicable to Hurstville.	--
SEPP (Urban Renewal) 2010	Not applicable to the Planning Proposal.	Not inconsistent. The Planning Proposal does not hinder the application of this SEPP.
SEPP (Western Sydney Employment Area) 2009	Not applicable to Hurstville.	--
SEPP (Western Sydney Parklands) 2009	Not applicable to Hurstville	--
Greater Metropolitan Regional Environmental Plan No.2 – Georges River Catchment (deemed SEPP)	Not applicable to the Planning Proposal.	Not inconsistent. The Planning Proposal does not hinder the application of this deemed SEPP.

Direction	Applicable	Comment
1. Employment and Resources
1.1 Business and Industrial Zones Objectives: (a) Encourage employment growth in suitable locations (b) Protect employment land in business and industrial zones, (c) Support the viability of identified strategic centres.	Not applicable to the Planning Proposal.	The Subject Site is not located within a business or industrial zone.
1.2 Rural Zones	Not applicable to Hurstville.	--
1.3 Mining, Petroleum Production and Extractive Industries Objective: To ensure that the future extraction of State or regionally significant reserves of coal, other minerals, petroleum and extractive materials are not compromised by inappropriate development.	Not applicable to Planning Proposal.	The Planning Proposal does not have any effect on mining, petroleum production and extractive industries.
1.4 Oyster Aquaculture Objectives: (a) To ensure that Priority Oyster Aquaculture Areas and oyster aquaculture outside such an area are adequately considered when preparing a planning proposal. (b) To protect Priority Oyster Aquaculture Areas and oyster aquaculture outside such an area from land uses that may result in adverse impacts on water quality and consequently, on the health of oyster and oyster consumers.	Not applicable to the Planning Proposal.	The Planning Proposal does not propose a change in land use which could result in adverse impacts on a Priority Oyster Aquaculture Area or an incompatible use of land.
1.5 Rural Lands	Not applicable to Hurstville.	--
2. Environment and Heritage
2.1 Environment Protection Zones Objective: To protect and conserve environmentally sensitive areas.	Not applicable to the Planning Proposal.	The Subject Site is not located within an environmental protection zone and the Proposal does not impact on environmentally sensitive areas.
2.2 Coastal Protection	Not applicable to Hurstville.	--
2.3 Heritage Conservation Objective: To conserve items, areas, objects and places of environmental heritage significance and indigenous heritage significance.	Not applicable to the Planning Proposal.	The Hurstville LEP 2012 contains Standard Instrument LEP provisions to facilitate the heritage conservation. No change to these provisions is proposed. The Subject Site is not a heritage item or located within a heritage conservation area.
2.4 Recreation Vehicle Areas Objective: To protect sensitive land or land with significant conservation values from adverse impacts from recreation vehicles.	Not applicable to the Planning Proposal.	The Planning Proposal is not within an environmental protection zone or coastal areas identified in the Direction.
3. Housing, Infrastructure and Urban Development
3.1 Residential Zones Objectives: (a) To encourage a variety and choice of housing types to provide for existing and future housing needs (b) To make efficient use of existing infrastructure and services and ensure that new housing has appropriate access to infrastructure and services (c) To minimise the impact of residential development on environment and resource lands.	Applicable to Planning Proposal.	The Planning Proposal will result in a very minor reduction in R2 Low Density Residential zoned land. The current and future use of the Subject Site is for an educational establishment.
3.2 Caravan Parks and Manufactured Home Estates Objectives: (a) To provide for a variety of housing types (b) To provide opportunities for caravan parks and manufactured home estates.	Not applicable to the Planning Proposal.	The proposed rezoning to SP2 Infrastructure (Educational Establishment) will reflect the current use of the land for school purposes. Caravan parks and manufactured home estates are prohibited under the SP2 zone.
3.3 Home Occupations Objective: To encourage the carrying out of low-impact small businesses in dwelling houses.	Not applicable to the Planning Proposal.	The proposed rezoning to SP2 Infrastructure (Educational Establishment) will reflect the current use of the land for school purposes. Dwelling houses (and home occupations) are prohibited under the SP2 zone.
3.4 Integrating Land Use and Transport Objective: To ensure that urban structures, building forms, land use locations, development designs, subdivision and street layouts achieve the following planning objectives: (a) Improving access to housing, jobs and services by walking, cycling and public transport (b) Increasing the choice of available transport and reducing dependence on cars (c) Reducing travel demand including the number of trips generated by development and the distances travelled, especially by car (d) Supporting the efficient and viable operation of public transport services (e) Providing for the efficient movement of freight.	Not applicable to the Planning Proposal.	Consistent. The Subject Site is strategically positioned in term of proximity to the Hurstville City Centre and the Hurstville Railway Station and Bus Interchange. The Planning Proposal does not hinder the application of this Direction.
3.5 Development Near Licensed Aerodromes	Not applicable to Hurstville.	--
3.6 Shooting Ranges	Not applicable to Hurstville.	--
4. Hazard and Risk
4.1 Acid Sulfate Soils Objective: To avoid significant adverse environmental impacts from the use of land that has a probability of containing acid sulfate soils.	Not applicable to Planning Proposal.	The Subject Site is not within an area identified as land having a probability of containing acid sulfate soils.
4.2 Mine Subsidence and Unstable Land	Not applicable to Hurstville.	--
4.3 Flood Prone Land	Not applicable to Planning Proposal.	The Subject Site is not within an area identified as Flood Prone Land.
4.4 Planning for Bushfire Protection	Not applicable to Planning Proposal.	The Subject Site is not within a Bushfire Prone Area.
5. Regional Planning
5.1 Implementation of Regional Strategies	Not applicable to Hurstville.	--
5.2 Sydney Drinking Water Catchments	Not applicable to Hurstville.	--
5.3 Farmland of State and Regional Significance on the NSW Far North Coast	Not applicable to Hurstville.	--
5.4 Commercial and Retail Development along the Pacific Highway, North Coast	Not applicable to Hurstville.	--
5.5 Revoked	--	--
5.6 Revoked	--	--
5.7 Revoked	--	--
5.8 Second Sydney Airport: Badgerys Creek	Not applicable to Hurstville.	--
5.9 North West Rail Link Corridor Strategy	Not applicable to Hurstville.	--
6. Local Plan Making
6.1 Approval and Referral Requirements Objective: To ensure that LEP provisions encourage the efficient and appropriate assessment of development.	Yes	The Planning Proposal does not include provisions that require concurrence, consultation or referral of development applications to the Minister or public authority or identify development as designated development.
6.2 Reserving Land for Public Purposes Objective: (a) To facilitate the provision of public services and facilities by reserving land for public purposes, and (b) To facilitate the removal of reservations of land for public purposes where the land is no longer required for acquisition.	Yes	Consistent. The Planning Proposal does not hinder the application of this Direction. No lands are proposed to be reserved for Public Purposes through the Planning Proposal.
6.3 Site Specific Provisions Objective: To discourage unnecessary restrictive site specific planning controls.	Not applicable to Planning Proposal.	No site specific provisions are proposed.
7. Metropolitan Planning
7.1 Implementation of A Plan for Growing Sydney Objective: To give legal effect to the planning principles, directions and priorities for subregions, strategic centres and transport gateways contained in A Plan for Growing Sydney.	Yes	The Planning Proposal is not inconsistent with the NSW Government’s A Plan for Growing Sydney (December 2014).
7.2 Implementation of Greater Macarthur Land Release Investigation	Not applicable to Hurstville.	--

Hurstville City Council – Council Meeting Wednesday, 2 March 2016

CCL055-16 25 St Georges Rd Penshurst - Construction of a Community Centre - 3 Bridges Community Organisation

Applicant	Robert Lee Architects Pty Ltd
Proposal	Construction of a new community centre as part of the 3 Bridges Community Organisation
Owners	Hurstville City Council
Report Author/s	Independent Assessment, Consultant Planner
File	DA2015/0085
Previous Reports Referenced	No
Disclosure of Political Donations or Gifts	No
Zoning	Zone RE1 - Public Recreation
Existing Development	Brick shed and children’s park/garden area with artificial turf
Cost of Development	$600,000.00
Reason for Referral to Council	Council is the land owner
Planning Instruments Applicable	Hurstville Local Environmental Plan 2012, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, State Environmental Planning Policy No 55 - Remediation of Land, Development Control Plan No 1 - LGA Wide
Hurstville Local Environment Plan Interpretation of Use	Community Facility

EXECUTIVE SUMMARY

1. The proposal seeks to construct a community centre building to be used in conjunction with the existing community centre currently operated by 3 Bridges Community Organisation (formerly Pole Depot Community Centre).

2. The site is currently occupied by a brick shed and a small children’s park and garden area with artificial turf including a number of trees. The park is not used due to the recent construction of a play area in the park fronting Forest Road.

3. Amended plans were received following some concerns relating to the proposal and the drainage in the area, which have since been resolved or can be resolved using conditions of development consent.

4. The proposal generally complies with Hurstville Local Environmental Plan 2012 and Hurstville Development Control Plan No 1 subject to conditions of consent.

5. One (1) submission was received which was for an incorrect proposal and is therefore not addressed in the report.

6. As the Council is the owner of the site, the application was assessed by independent consultant - Lisa Wrightson of Barker Ryan Stewart.

AUTHOR RECOMMENDATION

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

REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks approval for the removal of the existing playground and construction of a new community centre as part of the 3 Bridges Community Organisation.

The development would include a community area that could be divided into two (2) spaces, office, storage, kitchen, and associated amenities. The building is mainly single storey with a small second storey section on the south eastern side of the building for an attic storage area.

The building is proposed to be constructed from brick with corrugated iron roofing.

It is not intended to increase the use of the community centre buildings, but to use this space to provide increased space and more facilities to make better use of the centre. The application will not change the hours or numbers of community groups using the centre.

The playground has been replaced recently by a larger more modern play area in the reserve fronting Forest Road.

HISTORY

The existing community centre was previously used as St George County Council Pole Depot and was converted to a community centre over thirty (30) years ago, when the building became surplus to the County Council needs. The site of the proposed community centre was originally a single dwelling which was demolished and replaced by a park and play equipment, most likely during a similar time.

The original Development Application proposed the same building, however this was proposed to be built over a drainage easement, which was not supported by Council’s drainage and stormwater section. Subsequently an amended application was submitted which proposed to move the building closer to St Georges Road, which is the subject of this report.

DESCRIPTION OF THE SITE AND LOCALITY

The site is a rectangular shaped site with a frontage of approximately 11.6m to St Georges Road and an area of 465.7sqm. The site is located on the western side of the street. Existing on the site is a children’s playground, garden area and a small brick shed.

Adjoining the site to the north is a mosque, to the west is the existing community centre building, to the north west the new playground and park area fronting Forest Road, to the south a Council car park, park and residential flat building, and to the east across St Georges Road, residential development of various densities. The area is generally residential in character.

COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

The Hurstville Local Environmental Plan 2012 applies to the site.

The land is zoned RE1 - Public Recreation zone and community facilities are a permissible use with development consent in the zone. The proposal meets the zone objectives by providing additional space for public use which is compatible with the other nearby and adjoining public and community uses.

Clause 4.3 Height of Buildings

The Hurstville Local Environmental Plan does not detail the maximum building height within the subject site.

Regardless, the proposal is mainly single storey with a small area of second storey which is lower and generally consistent with nearby two (2) - three (3) storey development.

Clause 4.4 Floor Space Ratio

The Hurstville Local Environmental Plan does not apply a maximum floor space ratio (FSR) to the subject site.

The increase in floor space for the site creates an FSR of approximately 0.49:1, which is less than that of the surrounding development of 1.0:1.

Clause 5.9 Preservation of Trees or Vegetation

The development proposes to remove a number of trees on the site. Council’s Tree Management Officer has not objected to the removal and has imposed appropriate conditions of development consent.

Clause 5.10 Heritage Conservation

The site is not identified as having any items of heritage significance, is not located in a heritage conservation zone and is not adjacent to any items of heritage significance.

Clause 6.1 Acid Sulfate Soils

The site is not identified as having acid sulfate soils. Therefore this clause is not applicable.

Clause 6.7 Essential Services

All the essential services are currently available to the adjoining site so there should be not issues with providing them to this site.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

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

Appropriate conditions of development consent have been applied to ensure stormwater will be managed appropriately.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned RE1 Public recreation and, given the types of uses of the site, being residential dwelling and children, playground, it is considered unlikely that the land is contaminated.

2. Draft Environmental Planning Instruments

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

Any other matters prescribed by the Regulations

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

Demolition

Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal.

3. Development Control Plans

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE

The Hurstville Development Control Plan 1 - LGA Wide applies to the site. The relevant sections of the Development Control Plan are considered below.

DCP Control	Comment	Complies
3.1 Car Parking	The existing community centre uses a mix of an informal parking and a Council formal car park accessed off St Georges Road. The proposed centre will not increase numbers for the centre but has provided an additional three (3) formal spaces to assist with parking provision. There are no specific parking provisions for community centres and Council’s Traffic section has raised no objection to the proposal and the allocated spaces, so long as they are designed to meet Australian Standards. A condition of development consent has been included in this regard.	Yes
3.3 Access and Mobility	As the building is part of a community centre, access must be provided for all persons, including those with a disability. Appropriate ramps, facilities and parking have generally been provided in accordance with the DCP controls. Where any potential for non-compliance, a condition of consent has been included to ensure appropriate access and facilities are provided in accordance with relevant legislation and Australian Standards.	Yes
3.4 Crime Prevention through Environmental Design	The proposal is an additional building to be used in conjunction with an existing community centre. The use of the facility provides activation to the area and an opportunity for additional natural surveillance of the nearby parks and other public areas. The development is generally in accordance with the DCP controls. Appropriate lighting will be conditioned to be provided for the centre and car parking areas to ensure they are well lit.	Yes
3.5 Energy Efficiency	All works should comply with Part J of the Building Code of Australia. Energy efficient appliances and fittings are recommended for use.	Yes
3.7 Drainage and On-Site Detention Requirements	The original proposal was amended to provide a better outcome for the site and surrounding properties in relation to drainage and stormwater. Further additional conditions of consent have been included based on advice from Council’s Development Engineer.	Yes (subject to conditions)
3.9 Waste Management	The proposal included details for waste management in accordance with the DCP. It is not anticipated that the actual waste output will significantly increase during the operation as the number of people using the facility is not changing. Therefore appropriate conditions of consent have been applied to ensure waste is managed appropriately during demolition, construction and operation.	Yes
3.11 Preservation of Trees and Vegetation	Some trees are proposed to be removed, however no objection was raised by Councils Tree Management Officer. Appropriate conditions have been applied in this regard.	Yes
3.12 Building Heights and Indicative Storeys	No height controls are included in the DCP for the RE1 zone. The proposal is generally in accordance with existing development in the area.	Yes

4. Impacts

Natural Environment

The proposal involves the removal of a number of trees from the site; no objection has been raised by the Council’s Tree Management Officer. The removal of the trees will not have a significant impact on biodiversity or natural environment in the area.

Flooding and drainage has been considered on the site and the building has been designed appropriately. Further conditions of consent will be applied to ensure the final development will not have an adverse impact on downstream properties.

Built Environment

The proposed development will provide an additional element in the streetscape of St Georges Road. The building will form part of a community precinct that includes a child care centre, park, playground, existing community centre and car park. The building will have a positive impact on the streetscape as it will activate an area which has not been used for some time.

The proposed building will not overshadow or affect the privacy of any adjoining residential development. There is sufficient separation so as to not have any adverse noise or visual impacts.

Social Impact

The proposal will provide additional space for the community centre which is a much needed part of the area. It will allow the existing users of the facility more and permanent space to undertake their activities.

The proposed community centre will have a positive impact for the community.

Economic Impact

The facility is being provided as part of a grant and will provide important community space as part of an existing centre.

Some employment will be generated during the construction process.

Suitability of the Site

The site is generally flat and is suitable for the proposed development.

As mentioned above the site is flood affected due to its location within a drainage area. Appropriate design and conditions of development consent will ensure that there is no significant downstream impact from the proposed development.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Approximately two hundred and thirty four (234) adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. One (1) submission was received, however it related to a different development proposal on a different allotment of land.

Council Referrals

Referrals were received from the following sections of Council.

Tree Management Officer

The development was reviewed by Council’s Tree Management Officer. No objections were raised. A number of conditions were provided for the development.

Senior Environmental Health Officer

The development was reviewed by Council’s Senior Environmental Health Officer food, health and environmental concerns. No objections were raised. A number of conditions were provided for the development to ensure compliance with health and environmental policies.

Manager Environmental Services

The development was reviewed by Council’s Manager Environmental Services in relation to waste generation and disposal. No objections were raised. A number of conditions were provided for the development.

Senior Traffic Engineer

The development was reviewed by Council’s Senior Traffic Engineer in relation to car parking and traffic generation. No objections were raised. A number of conditions were provided for the development.

Development Engineer

The development was reviewed by Council’s Development Engineer in relation to stormwater and drainage. Following additional information provided by the applicant no objections were raised to the development. However, a number of conditions have been provided for the development to ensure there are no adverse impacts on downstream properties from the development.

Senior Environmental Health and Building Surveyor

The development was reviewed by Council’s Senior Environmental Health and Building Surveyor in relation to access, fire and general building compliance. No objections were raised. However, a number of conditions were provided for the development.

External Referrals

No external referrals were required.

6. CONCLUSION

The proposed additional building for the community centre is considered appropriate under the Hurstville Local Environmental Plan 2012 and Development Control Plan No 1 and has been recommended for approval subject to appropriate conditions of development 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 DA2015/0085 for the construction of a new building for the community centre on Lot 4 DP 14475 and known as 25 St Georges Road, 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
DA-1B	December 2015	Proposed Site Plan	B	Robert Lee Architects Pty Ltd
DA-2B	December 2015	Proposed Site Plan and Proposed Ground Floor Plan	B	Robert Lee Architects Pty Ltd
DA-3B	December 2015	Proposed Attic Floor Plan and Roof Plan	B	Robert Lee Architects Pty Ltd
DA-4B	December 2015	Proposed A-A, B-B Section and North West Elevation	B	Robert Lee Architects Pty Ltd
DA-5B	December 2015	Proposed South East, North East and South West Elevations	B	Robert Lee Architects Pty Ltd

2. GEN1002 - Fees to be paid - The fees listed in the table below must be paid in accordance with the conditions of this consent and Council’s adopted Fees and Charges applicable at the time of payment.

Payments must be made prior to the issue of the Construction Certificate or prior to the commencement of work (if there is no associated Construction Certificate).

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:

Fee types, bonds and contributions

Fee Type

Long Service Levy (to Long Service Corporation)

Builders Damage Deposit

Inspection Fee for Refund of Damage Deposit

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

PCA Services Fee	$1,680.00
Construction Certificate Application Fee	$1,680.00
Construction Certificate Imaging Fee	$138.00

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

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

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

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

(b) Payment to Council of a non-refundable inspection fee to enable assessment of any damage and repairs where required: $180.00.

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

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

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

SEPARATE APPROVALS UNDER OTHER LEGISLATION

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

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

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

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

(a) Placing or storing materials or equipment;

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

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

(e) Pumping concrete from a public road;

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

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

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

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

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

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

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

The relevant Application Forms for these activities can be downloaded from Hurstville City Council’s website www.hurstville.nsw.gov.au/Forms. For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

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

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

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

7. APR6005 - Engineering - These conditions have been imposed to ensure that the applicant is aware that separate approvals are required under other legislation.

The organisation with the benefit of the consent must:

Either,

(i) Submit to Council a Drainage Application under Section 68 of the Local Government Act 1993,and Section 138 of the Roads Act 1993 for approval by Council, and construction by the recipient of the consent (at full cost to the beneficiary of the determination), for the upgrade of the trunk drainage system between the upstream side of the existing community building and an appropriate location downstream of that building for installation at full cost to that organisation;

Or,

(ii) Improve the Overland Flow path to a suitable width between the existing, and proposed community buildings by the removal of buildings;

Or,

(iii) A combination of (i) and (ii),

to achieve a flood hazard level of 0.4m²/s (max.) on the south eastern side of the existing and proposed community buildings, with confirmation provided in the form of an amended Flood Assessment Report.

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.

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

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

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.

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

(a) Compliance with the approved Erosion & 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.

10. CC2002 - Development Assessment - Site Management Plan – Minor Development - A Site Management Plan detailing all weather access control points, sedimentation controls, fencing, builder’s site sheds office, amenities, materials storage and unloading arrangements must be submitted with the application for the Construction Certificate.

11. 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 submitted Architectural Plans shall be amended to incorporate steps with open risers, a suspended floor and deck, and continuous open wall design below the underside of floor sub-structure for the full length of the north western, south eastern and south western elevations to permit unimpeded overland flow from a 1:100yr ARI storm event.

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

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

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

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

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

(iv) Details of planting procedure and maintenance;

(v) Details of drainage and watering systems.

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

14. CC3001 - Development Engineering - Stormwater System -

Reference No.	Date	Description	Revision	Prepared by
DA-8B	February 2016	Concept Stormwater Plan	B	Robert Lee Architects 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.

All stormwater shall drain by gravity to the upper level of Council’s surface inlet pit, located in an easement to drain water on the subject development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

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

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

16. 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.

17. CC3008 - Development Engineering – Stormwater Overland Flow -

(i) A design which provides for a depression over the full width and length of the drainage easement/overland flow path to provide a stormwater escape route shall be submitted. The escape route shall be designed to have the capacity to carry the difference between a 1 in 100 year recurrence interval flow and half the flow in the design pipeline within the easement. This design is to include any openings in existing or proposed fencing on the site to accommodate the overland flow.

(ii) The flood hazard level is to be reduced to 0.4m²/s (max.) immediately upstream of the Existing and Proposed Community Buildings.

Evidence from an appropriately qualified person that design requirement (i) has been met, and an amended Flood Assessment Report provided to confirm (ii) has been achieved as well as certification given that overland flow meets the guidelines of the "Floodplain Development Manual the management of flood liable land, 2005”, shall accompany the application for the Construction Certificate.

18. CC3009 - Development Engineering – Submitted Flood Study - The development shall be designed to conform to the recommendations and conclusions of the submitted flood study prepared by WMA Water dated 21 December 2016.

This shall include, but not be limited to, any recommendations for the following:

(a) Either,

(i) A minimum floor level of RL51.2m AHD – based on a 1:100yr ARI storm event, and subject to the development not being used as a child care centre,

Or,

(ii) A minimum floor level of RL52.4mAHD for use as a child care centre – based on a Probable Maximum Flood storm event, in which case an Evacuation Plan is to be provided by the Author of the Flood Study.

(b) Fencing

(d) Overland flow path construction

(e) A Registered Structural Engineer providing Certification that the building can withstand forces applied by flood waters, including that from debris and buoyancy.

The Proposed Community Building is to incorporate continuous open building walls below the floor sub-structure and perimeter Deck/footpath to facilitate the free flow of overland flow under the building for the design storm event.

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

19. 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.

20. CC4003 - Health - Regulated Systems – Details & Fit out - Details of the regulated system must be submitted to the Principal Certifying Authority. Such details must demonstrate compliance with the following:

· Public Health Act 2010 (as amended)

· Public Health Regulation 2012 (as amended)

· AS/NZS 3666.1:2002Air-handling and water systems of buildings-Microbial control-Design, installation and commissioning (as amended)

21. CC4007 - Health - Acoustic Certification – Rooftop Mechanical Equipment - The Construction Certificate plans must be accompanied by a certificate from a professional acoustic engineer certifying that noise from the operation of mechanical plant and equipment will not give rise to offensive noise as defined under the provision of the Protection of the Environment Operations Act 1997 (as amended) and will comply with the noise intrusion criteria as defined under the NSW Industrial Noise Policy published by the Environment Protection Authority. If sound attenuation is required, this must be detailed on the plans lodged with the Construction Certificate.

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

· Food Act 2003 (as amended),

· Food Regulation 2010 (as amended);

· Food Standards Code as published by Food Standards Australia;

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

· Sydney Water – Trade Waste Section

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

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

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

(b) paved with impervious floor materials;

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

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

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

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

24. CC4023 - Health - Food Premises – Above Ground Grease Trap - Bunding - The above ground grease trap must be located in a bunded area. The ‘size of the area’ is to be bunded and shall be calculated as follows as a minimum:

· 110% of the volume of the above ground grease trap tank.

The bund is to be constructed of a material, which is impervious to the liquid being stored. All pipework from the enclosed tanks and/or pumps shall be directed over the bund wall and not through it. Hose couplings for the tanks enclosed within the bund shall be placed in such a position that leaks or spillages are contained within the bund. The bunded area shall be roofed.

After completion, the bund shall be maintained in such a condition, that all spillages or leaks will be retained within the bund, until disposed of by means that do not pollute waters. Details of the above ground grease trap and bunding details must be included with the application for the Construction Certificate.

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

(a) One (1) Grevillea robusta (Silky oak)

(b) Six (6) Melaleuca bracteata cv (Black tea tree)

(d) One (1) Lophostemon confertus (Brush box)

(e) Two (2) Callistemon viminalis (Bottle bush)

as shown on Drawing Number S-22527-1 prepared by Kevin Brown and Associates Pty Ltd dated 20-11-1012.

Twelve (12) plants selected from the list of suitable species in the Hurstville City Council’s Tree Removal and Pruning Guidelines must be replanted within the insert front/rear yard of the subject site. Trees are to be replanted a minimum of 3m away from any driveway, building or structure.

The selected trees shall have a minimum pot size of 15 litres. A copy of Hurstville Council’s Tree Removal and Pruning Guidelines, can be downloaded from Council’s website www.hurstville.nsw/Residents/Tree-Management.

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

(a) One (1) Lophostemon confertus (Brush box) located in the footpath located front of the site on St Georges Road Penshurst

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

Fee Type	Fee Type	Amount
Administration Fee for Tree Removal	RC83	$150.00
Replacement Tree Fee (per Tree)	RC83	$125.00

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

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

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

All tree not specifically identified on the approved plans for removal are to be retained.

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.

28. 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). Details of design shall be submitted with the Construction Certificate application.

29. CC7002 - Building – Fire Safety Measures - 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.

30. CC7004 - Building – Structural details - Structural plans and specifications 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

31. CC7008 - Building – Access for Persons with a Disability - Access and sanitary facilities for persons with disabilities must be must be provided to the Building in accordance with the requirements of the Building Code of Australia, AS 1428.1-2009, the Premises Standard. Details must be submitted with the Construction Certificate Application.

32. CC7016 - Building - Partial conformity with the BCA – Clause 93 and 94 EP& A Regulation 2000 - Pursuant to Clause 94 the Environmental Planning and Assessment Regulation 2000, the existing adjoining building must be brought into partial conformity with the Building Code of Australia in respect to the provisions of:

a) Protection to existing window and other openings in the existing building (community centre) on the site that stands less than 6m from the new building/fire source feature - Section C.

b) Fire separation between the existing building (community centre) on site and the new community centre- Section C

c) Discharge from exits and protection to egress paths from the existing building (community centre). - Section D.

d) Disabled access to the existing building (community centre) must be provided and detailed on plan- Section D.

In this regard, detailed construction plans and specifications that demonstrate compliance with the above requirements of the BCA must be submitted to the Principal Certifying Authority with the Construction Certificate Application. Should there be any non-compliance, an alternative method of fire protection and structural capacity must be submitted, with all supporting documents prepared by a suitably qualified person.

In the event that full compliance with the BCA cannot be achieved and the services of a fire engineer are obtained to determine an alternative method of compliance with the BCA, such report must be submitted to and endorsed by Council prior to issue of the Construction Certificate application.

33. 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.

34. CC8006 - Waste –Waste Storage Containers – Commercial/Industrial - Appropriate waste and recycling containers and facilities will need to be provided for all specific end use businesses in accordance with the following waste generation rates:-

(a) Retail Trading – shops, to 100 square metres - 0.1-0.2 cubic metres per 100 square metres of floor area per day;

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

All waste and recycling containers shall be stored in an approved waste storage area that is large enough to store the required number of bins, appropriate for the number of units and intended uses of the building, and is to be located in an area of the building that can be adequately serviced by waste collection vehicles.

If the Waste Storage Area is located in a part of the building that cannot be easily accessed by service providers, it will be the responsibility of the Owners Corporation to present the bins for collection to the kerb-side.

Details of the Waste Storage Area must be illustrated on the plans submitted with the application for the Construction Certificate.

35. CC8008 - Waste – Waste Handling Systems - All waste handling equipment and systems used in conjunction with the provision of waste and recycling services shall be manufactured, installed and maintained in accordance with any applicable regulatory requirements, relevant Australian Standards, and relevant manufacturer’s specifications.

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.

36. PREC2001 - Development Assessment - Site sign – Soil & 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.

37. PREC2002 - Development Assessment – Demolition & Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2001 – Demolition of Structures, NSW Work Health & Safety Act 2011 and the NSW Work Health & 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 & Safety Act 2011 and the NSW Work Health & 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

38. 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.

39. 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.

40. 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.

41. 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) the existing community building on Lot 101 in DP586060

(b) the trunk drainage system in/in- the-vicinity of the easement to drain water.

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 electronic format in Word or PDF. 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.

42. PREC6003 - Engineering – Existing drainage easement, drainage reserve or stormwater drainage system benefiting Council - Council drainage easement(s) drainage reserve(s) or stormwater system either pass through or are adjacent to the site. 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.

The developer must determine the exact location, size and level details of all Stormwater Drainage Systems without causing any damage to the public system ensure its protection. The owner, principal contractor or owner builder must not obstruct or otherwise remove, disconnect or render inoperable the Stormwater Drainage System.

Works such as fences must not obstruct the natural floodway or alter the natural floodway in such a way as to direct or concentrate stormwater on to neighbouring properties.

Where the relocation or reconstruction of Council’s drainage system is approved then all work carried out on assets which are under Council ownership will revert to the ownership, care, control or management of Council, in connection with the development to which this consent relates, must comply with Council’s Construction of drainage and associated works – specification for Hurstville City Council”

The owner, principal contractor or owner builder must meet all costs associated with such works.

This condition does not set aside the need to obtain relevant approvals under the Roads Act 1993 or Local Government Act 1993 for works within Roads and other public places.

43. 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.

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

DURING CONSTRUCTION

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.

45. CON2001 - Development Assessment - Hours of construction for demolition and building 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.

46. CON3001 - Development Engineering – Physical connection of Stormwater to site - No work is permitted to proceed above the ground floor slab level of the building until there is physical connection of the approved stormwater drainage system from the land the subject of this consent to Council's existing (or proposed) trunk stormwater drainage system immediately to the west of the Proposed Community Building.

47. 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.

48. CON6001 - Engineering – Cost of work to be borne by the applicant - The applicant shall bear the cost of all works associated with the construction of the development that occurs on Council property. Care must be taken to protect Council's roads, including the made footway, kerbs, etc, and, where plant and vehicles enter the site, the footway shall be protected against damage by deep-sectioned timber members laid crosswise, held together by hoop iron straps and chamfered at their ends. This construction shall be maintained in a state of good repair and condition throughout the course of construction.

49. 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.

50. 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. No vegetation, article, building material, waste or the like shall be ignited or burnt whatsoever or in association with the work on site. 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.

51. OCC2005 - Development Assessment – Completion of Landscape Works - All landscape works must be completed before the issue of the Final occupation certificate.

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

(a) New building for community centre: Three (3) spaces

53. OCC3001 - Development Engineering – Positive Covenant for On-site Detention Facility - A Positive Covenant is to be created over any on-site detention facility.

This covenant is to be worded as follows:

It is the responsibility of the lots burdened to keep the "On-Site Detention" facilities, including any ancillary pumps, pipes, pits etc., clean at all times and maintained in an efficient working condition. The "On-Site Detention" facilities are not to be modified in any way without the prior approval of Council.

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

The Positive Covenant shall be registered at the NSW Department of Lands prior to the issue of a final occupation certificate.

54. 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.

55. OCC3003 - Development Engineering - Restriction on use of land for overland flow – An additional Restriction of Use of the Land is to be created by Section 88E of the Conveyancing Act 1919 over the subject property on which this development is to be carried out. This Restriction shall ensure that the stormwater overland flowpath be maintained free from obstructions at all times and shall be worded as follows:

In relation to the stormwater overland flow path between the Existing Community Building and the Proposed Community Building identified on the approved plans, for Development Application DA2015/0085, the following Restrictions on The Use of The Land will apply:

(a) Any fencing/gate across the overland flow path - as identified in Figure 2 of the Flood Assessment Report by WMA water dated 21 December 2015 – is to be comprised of flow through type fencing that does not obstruct or interfere with the free flow of surface waters across the overland flow path in any way.

(b) no building structures, walls, fences, trees, shrubs, grass or other vegetation shall be erected or planted within the site of the overland flow path except with the approval of Council.

(c) The existing natural ground levels of the site shall not be raised or lowered or retaining walls constructed unless specified detailed plans are first submitted to and approved by Council.

(d) The overland flow path must be kept clear of all obstructions at all times and maintained to the satisfaction of Council”.

This Restriction shall benefit Hurstville City Council and Hurstville City Council is to be nominated as the Authority to release, vary or modify this Restriction. This Restriction on Use of Land shall be registered on the title of the land, prior to of the issue of Any Occupation Certificate for the development (Interim or Final Occupation Certificate).

Documentary evidence of the registration of this Restriction on title is to be supplied to the Principal Certifying Authority when application for an occupation certificate is made.

56. OCC3005 - Development Engineering - Restriction on use of land for overland flow – An additional Restriction of Use of the Land is to be created over each lot by Section 88B of the Conveyancing Act 1919 to ensure that the overland flow path of storm waters passing through the site is maintained in accordance with the assessment of the development. This Restriction shall be worded as follows:

(a) No obstruction or modification to the openings to the side and rear walls of the dwellings and the open risers of any external stairs erected upon the lots burdened shall permitted without the prior consent of Hurstville City Council. (This is required to allow the free flow of surface waters through the site including the void area underneath the ground floor slab of the building).

(b) No materials whatsoever shall be placed or stored in the void area underneath the ground floor slab. (This is required keep the void clear of obstructions to allow the free flow of surface waters to and from this area).

(c) No obstructions along the boundary fences of the lots burdened, (including internal dividing fences), such as raised garden beds shall be permitted. (This is required to allow the free flow of surface waters through the site).

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

57. OCC4006 - Health - Noise from Mechanical plant and equipment - Noise from the operation of mechanical, equipment, ancillary fittings, machinery, mechanical ventilation system and / or refrigeration systems must not give rise to offensive noise as defined under the Protection of the Environment Operations Act 1997 (as amended) and will comply with the noise intrusion criteria as defined under the NSW Industrial Noise Policy published by the Environment Protection Authority.

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

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

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

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

59. OCC4014 - Health - Food Premises – Noise from mechanical plant and equipment - Noise from the operation of mechanical, equipment, ancillary fittings, machinery, mechanical ventilation system and / or refrigeration systems must not give rise to offensive noise as defined under the Protection of the Environment Operations Act 1997 (as amended) and will comply with the noise intrusion criteria as defined under the NSW Industrial Noise Policy published by the Environment Protection Authority.

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

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

Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

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

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

61. OCC6005 - Engineering – Completion of Major Works - Prior to the issue of a Final Occupation Certificate, the following works must be completed at the applicant’s expense to the satisfaction of Council’s Engineering Services section:

(a) Stormwater pipes, pits and connections to public stormwater systems within the easement to drain water;

(b) Driveways and vehicular crossings within the road related area;

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 the damage deposit paid to Council will not be released until the works have been completed to Council’s satisfaction.

62. OCC6006 - Engineering – Wheel Stops - Wheel stops must be installed in accordance with Section 2.4.5.4 of the Australian Standards AS/NZS 2890.1, Parking Facilities - Part 1 Off-Street Car Parking. Wheel stops shall be painted with reflective white paint to ensure night-time visibility.

63. 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) Contours indicating the direction in which water will flow over land should the capacity of the pit be exceeded in a storm event exceeding design limits.

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.

64. OCC7001 - Building – Fire Safety Certificate before Occupation or Use - In accordance with Clause 153 of the Environmental Planning and Assessment Regulation 2000, 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 aforesaid Regulation. The Fire Safety Certificate must be in the form or to the effect of Clause 174 of the Environmental Planning and Assessment Regulation, 2000. In addition, in relation to each essential fire or other safety measure implemented in the building or on the land on which the building is situated, such a Certificate is to 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 & Rescue NSW and a further copy is to be displayed in a frame and fixed to a wall inside the building's main entrance.

65. OCC7002 - Building – Slip Resistance - At completion of work an in-situ (on-site) test, in wet and dry conditions, must be carried out on the pedestrian floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any commercial/retail/residential units to ascertain the actual slip resistance of such surfaces taking into consideration the effects of grout, the gradients of the surface and changes from one material to another. The in-situ test must be carried out in accordance with AS/NZS 4663:2002. Details of compliance must submitted with the application for 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.

66. ONG2003 - Development Assessment – Maintenance of Landscaping - All trees and plants forming part of the landscaping must be maintained on an on-going 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.

67. ONG4004 - Health - Operation of Regulated Systems - The occupier must operate regulated systems in compliance with Part 2 of the Public Health Regulation 2012 (as amended).

Where there is any change in the regulated system the occupier must register the changes in the regulated systems with Council.

Water cooling system must be certified by a competent person annually as being an effective process of disinfection under the range of operating conditions that could ordinarily be expected.

68. ONG4011 - Health - Noise Control - The use of the premises must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997 (as amended).

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

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

No vegetation, article, building material, waste or the like shall be ignited or burnt whatsoever or in association with the work on site.

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

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

73. ONG4046 - Health - Food premises – Garbage Odour - A waste contractor shall be engaged to remove all waste from the garbage storage area on a regular basis so that no overflow of rubbish will occur. Practical measures are also to be taken to ensure that odour emission from the garbage storage area does not cause offensive odour as defined under the provision of the Protection of the Environment Operations Act, 1997 (as amended).

74. ONG4047 - Health - Food premises – Storage of goods - There shall be no storage of any goods external to the building with the exception of waste receptacles.

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

76. 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 12 months after the date on which the fire safety certificate was received.

(b) Subsequent annual fire safety statements are to be given within 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 & Rescue NSW, and a further copy is to be prominently displayed in the building.

ADVICE

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

77. ADV2001 - Development Assessment - Disability Discrimination Act - This application has been assessed in accordance with the NSW Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The beneficiary of this consent is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act 1992 covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which refers to AS1428.1-Design for Access and Mobility. AS1428 Parts 2, 3 & 4 provides the most comprehensive technical guidance under the Disability Discrimination Act 1992 currently available in Australia.

78. 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

79. ADV2009 - Development Assessment – Security deposit administration & compliance fee - Under Section 97 (5) of the Local Government Act 1993, a security deposit (or part) if repaid to the person who provided it is to be repaid with any interest accrued on the deposit (or part) as a consequence of its investment.

Council must cover administration and other costs incurred in the investment of these monies. The current charge is $50.00 plus 2% of the bond amount per annum.

Interest rate applied to bonds is set at Council's business banking facility rate as at 1 July each year. Council will accept a bank guarantee in lieu of a deposit.

All interest earned on security deposits will be used to offset the Security Deposit Administration and Compliance fee. Where interest earned on a deposit is not sufficient to meet the fee, it will be accepted in full satisfaction of the fee.

80. ADV3001 - Stormwater & Ancillary Works – Applications under Section 138 Roads Act and/or Section 68 Local Government Act 1993 - The developer must meet all costs of the extension, relocation or reconstruction of any part of Council’s drainage system (including design drawings and easements) required to carry out the approved development.

The preparation of all engineering drawings (site layout plans, cross sections, longitudinal sections, elevation views together with a hydraulic grade analysis) and specifications for the new storm water drainage system to be arranged by the applicant. The design plans must be lodged and approved by Council prior to the issue of a Construction Certificate.

Note: Four (4) weeks should be allowed for assessment.

The design and construction of the works must be in accordance with Council’s Draft/Adopted Storm water Drainage Policy and "Construction of Drainage and Associated Works - Specification for Hurstville City Council" which include Council's Standard Drawings. Both documents are to be made available on Council's website www.hurstville.nsw.gov.au.

81. ADV4002 - Health - Additional information on Legionnaires Disease - The NSW Code of Practice for the Control of Legionnaires’ Disease can be down loaded free from: http://www.health.nsw.gov.au/environment/Publications/legionnaires-disease.pdf

82. ADV4003 - Health - Acoustical Engineer Contacts & Reference Material - Further information including lists of Acoustic Engineers can be obtained from:

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

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

· NSW Industrial Noise Policy – Office of Environment & Heritage (www.environment.nsw.gov.au)

83. ADV4005 - Health – Food Premises – Advice

Copies of food related documents and Standards:

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

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

Notification of Food Business

Section 100 of the Food Act 2003 requires:

100 Notification of conduct of food business

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

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

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

84. ADV4006 - Health – Noise - Council will generally enforce noise related conditions in accordance with the Noise Guide for Local Government (http://www.environment.nsw.gov.au/noise/nglg.htm) and the Industrial Noise Guidelines (http://www.environment.nsw.gov.au/noise/industrial.htm) publish by the Department of Environment and Conservation. Other state government authorities also regulate the Protection of the Environment Operations Act 1997.

Useful links relating to Noise:

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

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

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

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

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

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

85. 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 justifying 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.

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

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

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

c) Mechanical ventilation details of any system to be installed.

d) Protection to wall openings in the building that stand less than 3 metres from the boundary, or required distance from fire source feature.

e) Construction of exits and stairs that demonstrate compliance with the BCA.

f) Plans must provide disabled access and sanitary facilities that complies with the Premises Standards, the BCA and with AS 1428.1-2009.

g) Certified Alternative Fire Engineered Building Report prepared by an accredited fire engineer, where an alternative solution is proposed to be implemented in the building.

87. 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.

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.

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

Schedule C – Operational & Statutory Conditions

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

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

89. 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.

90. 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.

91. 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.

92. 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.

93. 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.

94. 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.

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

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

An Occupation Certificate Application Form is attached for your convenience.

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

APPENDICES

Appendix View1	Location Plan - 25 St Georges Rd Penshurst
Appendix View2	Site Plan - 25 St Georges Rd Penshurst
Appendix View3	Elevation Plans - 25 St Georges Rd Penshurst
Appendix View4	Proposed Site Plan and Ground Floor Plan - 25 St Georges Rd Penshurst
Appendix View5	Proposed Attic Floor Plan and Roof Plan - 25 St Georges Rd Penshurst
Appendix View6	Proposed Section Plan and Elevation Plan - 25 St Georges Rd Penshurst
Appendix View7	Company Extract - Applicant - 25 St Georges Rd Penshurst (Confidential)

Hurstville City Council – Council Meeting Wednesday, 2 March 2016

CCL056-16 119 Boundary Rd Peakhurst - Demolition of Existing and Construction of 3 Storey Warehouse and Showroom

Applicant	M Elmir and J Yu
Proposal	Demolition of existing, and construction of a three storey warehouse and showroom building
Owners	M Elmir and J Yu
Report Author/s	Senior Development Assessment Officer, Ms T Gizzi
File	DA2014/1061
Previous Reports Referenced	CCL794-15 - 119 Boundary Rd Peakhurst - Demolition and Construction of 3 Storey Warehouse and Showroom - Council - 05 Aug 2015 7:00pm
Disclosure of Political Donations or Gifts	No
Zoning	Zone IN2 – Light Industrial
Existing Development	Light Industry
Cost of Development	$900,000.00
Reason for Referral to Council	Slopes to the rear
Planning Instruments Applicable	Hurstville Local Environmental Plan 2012, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, State Environmental Planning Policy No 55 - Remediation of Land, Development Control Plan No 1 - LGA Wide
Hurstville Local Environment Plan Interpretation of Use	Warehouse and Bulky Goods Premises

EXECUTIVE SUMMARY

1. Development consent is sought for the demolition of the existing building and construction of a warehouse/showroom.

2. The application has been assessed against the relevant planning instruments and Development Control Plan. Variations to Development Control Plan No 1 – LGA Wide are sought, but the application is now supported.

3. The application was notified for fourteen (14) days in accordance with Development Control Plan No 1 – LGA Wide. No submissions were received.

4. The application was reported to Council at the meeting held on the 5 August 2015 with a recommendation for refusal. The application was deferred to allow for a redesign. The amended plans have now been assessed and are subject of this report.

5. This application was deferred at the Council meeting of 17 February 2016 for a site inspection. The site inspection was held on 23 February 2016.

AUTHOR RECOMMENDATION

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

REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

Development consent is sought for the demolition of the existing building and construction of a warehouse/showroom at 119 Boundary Road, Peakhurst.

The building is proposed to contain a semi-basement car park, warehouse and showroom at ground floor level, and additional showroom floor space at first floor level.

The development is proposed to be used as a warehouse and showroom for the display of bulky goods including kitchen and bathroom products.

The floor space is comprised of the following:

· Warehouse – 141.1sqm

· Showroom – 558.95sqm

The semi-basement car park is proposed to accommodate thirteen (13) spaces and is accessed off Stanley Street. It is noted that the semi-basement is elevated above ground level making the building three (3) storeys in height.

The amendments to the plans following the Council meeting held on the 5 August 2015 include increased setback to Stanley Street, reduced height and floor space ratio, improvements to the layout of the basement car park and relocation of the staff amenity area.

HISTORY

18 Sep 14 Application submitted to Council.

27 Nov 14 Applicant notified of Council Officer’s issues and additional information requested.

15 Jul 15 Additional information provided.

5 Aug 15 Application reported to Council with a recommendation for refusal. Application deferred by Council to allow for a re-design.

23 Oct 15 Additional information received.

28 Nov 15 Final additional information received.

17 Feb 16 Application deferred at Council meeting for site inspection.

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is known as 119 Boundary Road, Peakhurst and is located on the south western corner of Boundary Road and Stanley Street.

The site has a frontage of 19.905m (13.03m front + 6.875m splay) to Boundary Road and a secondary frontage of 34.94m to Stanley Street. The total area of the site is 699.2sqm. There is also a marginal fall of approximately 0.85m from Boundary Road to the rear of the property.

A vacant single storey light industrial building which is occupied by a brake centre is located on the western half of the site and is proposed to be demolished as part of this application. The site is otherwise vacant.

Two (2) storey light industrial buildings adjoin the site to the south and west. Opposite the site on the eastern side of Boundary Road are single storey dwelling houses. The western side of Boundary Road is characterised by light industrial developments and the eastern side is characterised by residential uses.

COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 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)	Satisfactory	Yes
Part 2 – Permitted or Prohibited Development	IN2 Light Industrial	‘Warehouses’ and ‘bulky goods premises’ are permissible with consent	Yes
2.3 - Zone objectives and Land Use Table	Meets objectives of IN2 Zone	Satisfactory	Yes
2.7 - Demolition	Demolition is permissible with consent	The proposed demolition can be supported with standard conditions of consent	Yes
4.3 – Height of Buildings	10m as identified on Height of Buildings Map	9.8m	Yes
4.4 – Floor Space Ratio	1:1 as identified on Floor Space Ratio Map	1:1	Yes
4.5 – Calculation of floor space ratio and site area	FSR and site area calculated in accordance with Cl.4.5	In accordance with Cl. 4.5	Yes
5.9 – Preservation of Trees or Vegetation	Trees to be removed are specified in DCP1	No significant trees are located on site	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	Water, electricity and sewerage management systems are available to the development site. Subject to conditions of consent, stormwater can be sufficiently managed. Vehicular access is available to the site from Stanley Street.	Yes Yes Yes

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

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

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

2. Draft Environmental Planning Instruments

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

Any other matters prescribed by the Regulations

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

Demolition

Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal.

3. Development Control Plans

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

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

Section 3.1	Standard	Proposal	Complies
Parking	Bulky Goods Retail Store – 1 space per 50sqm GLFA = 12 spaces Warehouse – 1 space per 300sqm GFA = 1 space 13 spaces required	13 provided	Yes
3.1.4.2 –Dimension of car spaces, car parking layout, circulation, egress and egress	Compliance with AS2890.1 2004 and AS2890.2	The submitted traffic report by Terraffic Pty Ltd indicates compliance	Yes
3.1.4.3 – Stencilling of driveways	Finished with plain concrete	Can be conditioned	Yes, subject to condition
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	The submitted traffic report by Terraffic Pty Ltd indicates compliance	Yes, subject to condition
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	The semi-basement car park projects beyond the footprint of the building towards the northern boundary adjoining Stanley Street. The semi-basement projects up to 2.5m above ground level along the Stanley Street frontage. The extended footprint of the basement provides for balconies and a staff amenity area at ground floor level which assists in reducing the overall bulk and scale of the building. Also, due to the increased setbacks from the street, subject to conditions requiring appropriate landscaping, the basement projection will no longer result in any significant streetscape impact.	Satisfactory

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

Standard

Proposal

Complies

Access requirements

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

Complies subject to conditions

Yes, subject to condition

Accessible car space

1 space per 20 spaces or part thereof

Layout complies with Australian Standard

1 accessible space 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	Standard	Proposal	Complies
Site and building Layout	Provide surveillance opportunities	Satisfactory surveillance opportunities provided. No blind corners evident.	Yes
Building Identification	· Clearly numbered buildings · Entrances numbered	Can be conditioned	Yes, subject to condition
Entrances	Clearly visible and not confusing	Clearly defined	Yes
Fencing	Allows natural surveillance to street	None proposed	N/A
Blind Corners	To be avoided	No blind corners evident	Yes
Communal Areas	Provide opportunities for natural surveillance	Satisfactory	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	The minimal landscaping proposed is satisfactory	Yes
Lighting	· Diffused/movement sensitive lighting provided externally · Access/egress points illuminated · No light-spill towards neighbours · Hiding places illuminated · Lighting is energy efficient	Details of lighting not provided but can be addressed by condition	Yes, subject to condition
Security	Provide an appropriate level of security for each building and car park	Subject to conditions	Yes, subject to condition
Car parks	Access to lifts and stairwells to be clearly defined	Clearly defined	Yes
Ownership	Use of fencing, landscaping, colour and finishes to imply ownership	Satisfactory	Yes
Building maintenance	Use materials that can be easily cleaned or use anti-graffiti paint	Subject to conditions	Yes, subject to condition

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

Due to the orientation of the site, the adjoining property to the south will be overshadowed by the proposed development. However, given that the use of the adjoining property is for industrial purposes, the impact is acceptable.

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

Council’s Development Engineer has assessed the proposed method of drainage and advised that although an easement would normally be required, due to the existing buildings surrounding the site, an easement could not be reasonably achieved. As such, an alternative solution requiring the extension of Council’s drainage system in Boundary Road to provide gravity disposal has been recommended for approval.

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.

The proposed waste storage area has been relocated to within the warehouse which is acceptable.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.3 LIGHT INDUSTRIAL AREAS

The extent to which the proposed development complies with Section 5.3 Light Industrial Areas is detailed and discussed in the table below.

Section 5.3	Standard	Proposal	Complies
Density (Floor Space Ratio)	As per Hurstville LEP 2012 – 1:1	1:1	Yes
Front Setback	4.5m from Boundary Road	2.5m – 6m	No (1)
Secondary Front Setback	2m from Stanley Street	2m	Yes
Maximum Height	10m	9.8m	Yes
Materials and Finishes	Schedule of colours and materials is to be provided Non-reflective materials to be used. Reflective surfaces on external walls are to be no greater than 20%.	Satisfactory subject to conditions to ensure low reflectivity glazing is used	Yes, subject to conditions
Fencing	Is not to be located within any landscape setback area Is to be of an open design and a maximum height of 2.5m.	No fencing is proposed	N/A
Building Form	Must present a satisfactory façade to the street. Must incorporate architectural features.	The amended design is now satisfactory. The streetscape impacts arising from the projection of the basement above ground level is mitigated by proposed planting along the front boundary. The development also includes a number of architectural features which create visual interest.	Yes
Landscaping	Must include a landscape plan prepared by a qualified architect	A landscape plan has been provided by Unique Garden Design. The amended landscape design includes additional landscaping along the Stanley Street frontage.	Yes
Landscaping	Landscaping is to be provided where the site abuts streets, service roads, railway lines or residential development	Landscaping has been provided along both street frontages	Yes
Significant Trees	Buildings, driveways and services trenches must be setback 4m from significant trees	No significant trees are present on the site	N/A
Amenity	Outdoor seating area is to be provided with an area of 1sqm per employee and a minimum area of 10sqm	11.56sqm outdoor seating area provided	Yes
Vehicle access and parking	Comply with Section 3.1. Parking should be located at the rear of the site or below ground where possible.	See discussion under Section 3.1. The projection of the semi-basement above natural ground level is a result of the site topography. The projection is now supported as the setback from Stanley Street is now compliant allowing for the provision of landscaping along the frontage to minimise any visual impact.	Yes, subject to condition
Acoustics	Recommended background noise levels for the following land use receivers: Residential - 50B(A) Shop or commercial – 60dB(A) Light Industrial – 65dB(A)	Given the use of the premises is proposed for warehouse and bulky goods uses, noise impacts are unlikely to be significant. However, if approved a condition of consent is recommended to ensure compliance.	Yes, subject to condition
Hours of Operation	7am - 5pm Mondays to Saturdays only (Public Holidays excluded)	Proposed 9am to 5pm Monday to Friday and 10am to 4pm Saturday and Sundays	No (2)
Energy Efficiency	Consideration must be given to sustainable solar, energy and water materials and design	The building has been designed to maximise eastern and northern solar access	Yes
Utility Location	Service box located in accordance with Energy Australia’s requirements	Subject to condition	Yes, subject to condition
Waste Management	Adequate storage facilities are to be provided on site	Waste storage area has been provided in the warehouse	Yes
Drainage	Drainage plans are to be submitted in accordance with Section 5.3.10	The amended drainage has been assessed by Council’s Development Engineer and is now satisfactory	Yes

Stormwater Assessment (by Council’s Development Engineer)
Existing Stormwater System	On site disposal
Proposed Stormwater System	The extending of Council’s drainage system in Boundary Road to provide gravity disposal from the site to a proposed gully pit directly in front (Boundary Rd) of the development
Stormwater objectives for development type met?	Consistent
Slope to rear (measured centreline of site)	Yes
Gravity to street (from property boundary to street kerb)?	No
Discharge into same sub-catchment?	No, but unavoidable due to existing development surrounding the site
Easement required?	Yes, but unachievable due to buildings on neighbouring properties

(1) Front Setback

The Development Control Plan requires a front setback of 4.5m. The proposed front setback from Boundary Road varies from 2.5m to 6m.

The variation only occurs at the north eastern corner of the site due to the splay between the front and secondary front boundary. The building primarily provides a frontage of 6m and the encroachment at the corner would not in itself result in any significant visual impact or unreasonable amenity impacts on adjoining properties.

For these reasons, the variation is minor and is supported.

(2) Hours of Operation

The proposed hours of operation from 9am to 5pm Monday to Friday and 10am to 4pm Saturdays and Sundays are contrary to Development Control Plan No 1 but are considered acceptable. Subject to a condition restricting deliveries to and from the property on Saturdays and Sundays, the nature of the use is not likely to generate significant noise and disturbance and the additional operations during daytime hours on a Sunday are acceptable.

4. Impacts

Natural Environment

The application would not result in any significant loss of vegetation. Drainage and the management of stormwater have now been adequately addressed. As such, the development would not have an unreasonable impact on the natural environment.

Built Environment

The amended design is now considered satisfactory. The building is of an acceptable bulk and scale that is commensurate with surrounding development. Subject to conditions of consent, the development would not have a negative impact on the natural environment.

Social Impact

The proposed development would not result in any significant social impacts.

Economic Impact

The proposal would not result in any significant economic impacts.

Suitability of the Site

The site is considered suitable for the development.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Twenty nine (29) adjoining residents and landowners were notified of the original development on the 30 September 2014 and given fourteen (14) days in which to view the plans and submit any comments on the proposal. No submissions were received in response.

The amended design is of a lesser impact and therefore further re-notification was not required.

Council Referrals

Senior Environmental Health and Building Surveyor

Councils Senior Environmental Health and Building Surveyor has assessed the application and identified a number of deficiencies and non-compliances with the BCA. If the application is approved, conditions have been recommended requiring reports from both a BCA consultant and Access consultant with any Construction Certificate application to address these concerns.

Development Engineer

Council’s Development Engineer has assessed the application and subject to conditions, raises no objections to the development.

Public Interest

The amended design would provide a positive contribution to the locality and subject to conditions is now considered to be in the public interest.

6. CONCLUSION

Development consent is sought for the demolition of existing structures on site and construction of a three (3) storey building comprising a semi-basement car park, a warehouse and bulky goods showroom.

The application was notified in accordance with Development Control Plan No 1 – LGA Wide and no submissions were received.

The application was reported to Council at the meeting held on the 5 August 2015 with a recommendation for refusal. The application was deferred to allow for a redesign. The amended plans have now been assessed and are subject of this report.

The application has been assessed against the relevant planning instruments and Development Control Plan. Variations to Development Control Plan No 1 – LGA Wide are sought, but the application is now supported.

For the reasons discussed throughout this report the application is now recommended for approval subject to conditions

DETERMINATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Joint Regional Planning Panel refuse development consent to Development Application DA2014/1061 for demolition of the existing structures and construction of a three storey warehouse and showroom building on Lot P DP 394369 and known as 119 Boundary Road, Peakhurst, subject to the following conditions:

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

Reference No.	Date	Description	Revision	Prepared by
DA01	Printed 9- Feb- 16	Site and Site Analysis Plan	-	Mitz Design and Construction
DA02	Printed 9- Feb- 16	Soil and Water Management and Demolition Plan	-	Mitz Design and Construction
DA03	Printed 9- Feb- 16	Basement Floor Plan	-	Mitz Design and Construction
DA04	Printed 9- Feb- 16	Ground Floor Plan	-	Mitz Design and Construction
DA05	Printed 9- Feb- 16	First Floor Plan	-	Mitz Design and Construction
DA06	Printed 9- Feb- 16	Roof Plan	-	Mitz Design and Construction
DA07	Printed 9- Feb- 16	Elevation 01	-	Mitz Design and Construction
DA08	Printed 9- Feb- 16	Elevation 01	-	Mitz Design and Construction
DA09	Printed 9- Feb- 16	Sections	-	Mitz Design and Construction
2618	21.10.15	Landscape Plan	-	Unique Garden Design

2. GEN1002 - Fees to be paid to Council - The fees listed in the table below must be paid in accordance with the conditions of this consent and Council’s adopted Fees and Charges applicable at the time of payment.

Payments must be made prior to the issue of the Construction Certificate or prior to the commencement of work (if there is no associated Construction Certificate).

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:

Fee types, bonds and contributions

Fee Type

Long Service Levy (to Long Service Corporation)

Builders Damage Deposit

Inspection Fee for Refund of Damage Deposit

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	$2,070.00
Construction Certificate Application Fee	$2,070.00
Construction Certificate Imaging Fee	$172.00

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

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

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

(b) Payment to Council of a non-refundable inspection fee to enable assessment of any damage and repairs where required: $140.00.

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

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

SEPARATE APPROVALS UNDER OTHER LEGISLATION

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

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

(a) Placing or storing materials or equipment;

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

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

(e) Pumping concrete from a public road;

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

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

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

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

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

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

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

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

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

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

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

Lodge the application form, together with the associated fees at Council’s Customer Service Centre, during business hours. Refer to Section P1 and P2, in Council’s adopted Fees and Charges for the administrative and inspection charges associated with Vehicular Crossing applications.

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

8. APR6005 - Engineering - Council’s stormwater drainage line shall be extended along Boundary Road, from the existing kerb inlet pit at 113 Boundary Road, with a 375mm (min.) diameter pipeline to terminate with an extended kerb inlet pit outside the subject site with all costs borne by the developer.

A separate application under Section 138 of the Roads Act is required to be approved by Council for such works prior to the issue of the Construction Certificate.

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

(d) 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.

(e) Written permission, to erect a hoarding along Boundary Road OR Stanley Street must be obtained from the Roads and Maritime Service.

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

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

11. 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.

12. 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.

13. GOV1010 - Ausgrid - Substation or Kiosk - Ausgrid shall be consulted to determine if an electricity distribution substation is required. If so, it will be necessary for the final film survey plan to be endorsed with an area, having the required dimensions as agreed with Ausgrid, indicating the location of the proposed electricity distribution substation site. The substation must be located within the boundary of the development site, or within the building, subject to compliance with the Building Code of Australia. The substation site to be dedicated to Council as public roadway, or as otherwise agreed with Ausgrid. For details visit www.ausgrid.com.auor call 131365.

(a) written confirmation of Ausgrid's requirements is to be submitted prior to the issue of the Construction Certificate; and

(b) Ausgrid's requirements are to be met before the issue of the Occupation Certificate.

14. GOV1011 - Ausgrid - Underground electrical conduits - Ausgrid is to be consulted to determine if underground electricity conduits are to be installed in the footway. If so, the developer is to install the conduits within the footway across the frontage/s of the development site, to Ausgrid's specifications. Ausgrid will supply the conduits at no charge. The developer is responsible for compaction of the trench and restoration of the footway in accordance with Council direction. For details visit www.ausgrid.com.au or call 131365.

(a) a copy of Ausgrid's requirements is to be submitted to Council before issue of the Construction Certificate;

(b) Where conduits are to be installed, evidence of compliance with Ausgrid's requirements is to be submitted before the issue of the Occupation Certificate.

Where works within the road reserve are to be carried out by the beneficiary of this consent, a Road Opening Permit Application must be submitted to, and approved by, Council before the issue of the construction Certificate.

15. GOV1012 - Ausgrid - Clearances to electricity mains - If any part of the proposed structure, within 5m of a street frontage, is higher than 3m above footway level, Ausgrid is to be consulted to determine if satisfactory clearances to any existing overhead High Voltage mains will be affected. If so, arrangements are to be made, at your cost, with Ausgrid for any necessary modification to the electrical network in question. For details visit www.ausgrid.com.auor call 131365.

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

16. 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.

i) A Flood Assessment by Kozarovski and Partners Pty Ltd dated 20/2/15 identified that a surface flow rate of 0.292m³/s enters the Stanley Street carriageway via the kerb-return from Boundary Road (north west) in a 1:100yr ARI storm event.

The vehicular entrance to the basement of the proposed development is potentially vulnerable to stormwater during such a storm should sufficient of this flow cross to the south eastern side of Stanley Street.

The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application (as required):

Either,

(a) a detailed assessment of the flow path, and depth of flow, of the 0.292m³/s entering Stanley Street is to be prepared by a suitably qualified Hydraulic Engineer confirming that the development is not at risk of entry from such flows,

Or,

(b) plans for lodgement with the Construction Certificate Application are to be amended for the management of such flows detailing the process of capture and disposal without impacting on neighbouring properties.

17. CC2029 - 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 submitted concept hydraulic plan shall be amended to indicate all outlet pipes from grated drains/pits to be 150mm (min.).

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

18. CC3001 - Development Engineering - Stormwater System

Reference No.	Date	Description	Revision	Prepared by
845.14 Drg. D3	27/11/15	Basement Level Stormwater Drainage Plan	C	LMW Design Group Pty Ltd
845.14 Drg. D4	27/11/15	Ground Level Site Stormwater Drainage Plan	C	LMW Design Group Pty Ltd
845.14 Drg. D4A	27/11/15	OSD Basin Section Details	C	LMW Design Group 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.

All stormwater shall drain by gravity to the upper level of Council’s proposed kerb inlet pit in Boundary Road, to be located directly in front of the property boundary, in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

19. CC3002 - Development Engineering - Stormwater Systems with Basement -

Reference No.	Date	Description	Revision	Prepared by
845.14 Drg. D3	27/11/15	Basement Level Stormwater Drainage Plan	C	LMW Design Group 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 upper level of the new kerb inlet pit required to be constructed directly in front of the development site in Boundary Road.

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.

20. CC3003 - Development Engineering - Stormwater - Protection of basement from inundation of stormwater waters

Reference No.	Date	Description	Revision	Prepared by
C-2750-01	20/2/15	Flood Assessment for a Proposed Development at 119 Boundary Road, Peakhurst	1	Kozarovski and Partners
14103 Drg. DA03	3/7/14	Basement Floor Plan	A	MITZ Design
845.14 Drg. D3	27/11/15	Basement Level Stormwater Drainage Plan	C	LMW Design Group Pty Ltd
845.14 Drg. D4	27/11/15	Ground Level Site Stormwater Drainage Plan	C	LMW Design Group 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 construction of the building shall be designed conform to the recommendations and conclusions of Kozarovski and Partners Pty Ltd in the plan titled Flood Assessment for 119 Boudary Road dated 20/2/15; this is in regard to the protection of the warehouse and basement from flooding occurring on the south eastern side of Stanley Street at the south western side of the development site.

· Further protection (as required - see condition CC2004 (above)) is to be provided to the basement from flood water entering via the proposed vehicle crossing - having crossed Stanley Street after entering from the north western kerb return at Boundary Road.

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

21. CC3004 - Development Engineering - Stormwater Drainage Plans

Reference No.	Date	Description	Revision	Prepared by
14103 Drg. DA03	3/7/14	Basement Floor Plan	A	MITZ Design
845.14 Drg. D3	27/11/15	Basement Level Stormwater Drainage Plan	C	LMW Design Group Pty Ltd
845.14 Drg. D4	27/11/15	Ground Level Site Stormwater Drainage Plan	C	LMW Design Group 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.

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

22. CC3005 - Development Engineering - On Site Detention

Reference No.		Date	Description	Revision	Prepared by
845.14 Drg. D4A	27/11/15		OSD Basin Section Details	C	LMW Design Group 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.

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

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

23. 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.

24. 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.

25. CC7008 - Building - Access for Persons with a Disability - Sanitary facilities for, persons with disabilities must be provided in accordance with the requirements of the Building Code of Australia, and AS 1428.1.

26. CC7016 - Building - Total conformity with the BCA and EP&A Regulation 2000 - Pursuant to the Environmental Planning and Assessment Regulation 2000, the industrial unit and any affected adjoining structures must be brought into total conformity with the Building Code of Australia 2014, including but not limited to;

(a) Fire hazard property certification on linings, materials and assemblies.

(b) Fire separation of classifications in different storeys and different factory units

(d) Protection of openings for services

(e) Construction and operation of required exits and exit stairways

(f) Fire safety services & equipment including hydrants, fire extinguishers, fire hoses, emergency lights, exit signs and smoke hazard management etc.

(g) Construction of exit stairways, handrails, balustrade and access/egress requirements that demonstrate compliance.

27. 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.

28. 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).

29. 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.

30. 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 prior to any excavation of site works. The Dilapidation Report is to include assessments on, but not limited to, the adjoining buildings 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 property owners/occupants are to be provided with the report five (5) working days prior to any works on the site.

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

(d) If required, 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.

31. 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

32. 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.

33. 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.

34. CC8009 - Waste - Waste Storage Containers - Specialised Industrial Uses - The following waste and recycling facilities will be required:

(a) General Waste Facilities - 0.1-0.2 cubic metres per 100 square metres of floor area per day;

(b) Industrial Waste - that is solid waste derived from the manufacture or repair of equipment - specialised containers appropriate for the nature of waste derived from the manufacture or repair of equipment; and,

All waste and recycling containers shall be stored in an approved waste storage area within the confines of each sole occupancy unit that is large enough to house the required number of bins, appropriate for the intended use of each sole occupancy unit.

Details of the Waste Storage Area must be illustrated on the plans submitted with the application for the Construction Certificate.

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