Agenda of Council Meeting

Hurstville City Council – Council Meeting Wednesday, 16 March 2016

CCL082-16 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.

7. The application was deferred at the Council meeting of 2 March 2016 for a site inspection. The site inspection was held on 8 March 2016.

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, 16 March 2016

CCL083-16 45 Baker St Oatley - Alterations and Additions to Dwelling including New Garage to Front of Dwelling and Alterations to Roof and Internal

Applicant	Cape Cod Australia Pty Ltd
Proposal	Alterations and additions to dwelling including new garage to front of dwelling, alterations to roof and internal alterations
Owners	Mr M D Eadie and Mrs K A Smit-Eadie
Report Author/s	Development Assessment Officer, Mr A Zhou
File	DA2015/0335
Previous Reports Referenced	No
Disclosure of Political Donations or Gifts	No
Zoning	Zone R2 - Low Density Residential
Existing Development	Two storey dwelling house with first floor addition currently being under construction
Cost of Development	$132,253.00
Reason for Referral to Council	Variation to DCP1 and one (1) submission
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	Ancillary structure to a dwelling house

EXECUTIVE SUMMARY

1. The proposal seeks development consent for alterations and additions to an existing dwelling including a new front garage attached to the existing dwelling, alterations to roof and internal alterations.

2. The proposal complies in full with the relevant Environmental Planning Instruments, Section 79C of the Environmental Planning and Assessment Act 1979 (as amended).

3. There is one (1) variation to the car parking controls under Development Control Plan No 1. The proposal complies in full with the rest of Development Control Plan No 1 subject to the conditions included in this report.

4. One (1) submission was received in relation to this application.

5. The application was deferred at the Council meeting of 2 March 2016 for a site inspection. The site inspection was held on 8 March 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 alterations and additions to the existing dwelling and a new front garage. In detail, the proposal involves the following works:

· A new double garage built on an existing fully paved open area/driveway at the front of subject site. This garage is to be of brick construction with a concrete floor having a complimentary and articulated hipped roof structure, covered with metal roof sheeting.

· Removal of the existing rear skillion roof form to be replaced with a pitched roof form to complement the existing pitched roof form of the residence.

· A new flat metal roof supported on a post to form a new entry porch complete with a new entry door, and associated window removals due to the incorporation of the garage.

HISTORY

20 Mar 14 Previous application (DA2013/0329) for first floor addition withdrawn

15 Sep 15 Application (DA2015/0335) lodged for the front garage and alterations to roof and internal alterations

19 Oct 15 Council received a copy of Complying Development Certificate issued for first floor addition

2 Mar 16 Application deferred at Council meeting for a site inspection

DESCRIPTION OF THE SITE AND LOCALITY

The site is legally described as Lot 231 DP 11934 and is known as 45 Baker Street, Oatley. The site is located on the south eastern side of Baker Street. The site has a regular shape with a frontage of 12.19m and an area of approximately 537.5sqm. The orientation of the site is approximately south east to north west. There is a slope, falling 2.8m from the north western front corner to the south eastern rear corner of the subject site. The site is located within the Foreshore Scenic Protection Area.

The site is occupied by a two (2) storey dwelling house. It is noted the existing structure being part of the dwelling is sitting towards the north eastern side boundary and providing zero setback to the north eastern side boundary. The first storey is currently under construction. Council received a copy of Complying Development Certificate issued for the first floor addition on 19 October 2015.

Adjoining the site on all sides are residential developments, comprising a mixture of detached housing of one (1) and two (2) storey dwellings. The surrounding 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 extent to which the proposal complies with the relevant standards of Hurstville Local Environmental Plan 2012 is outlined in the table below.

HLEP 2012 Clause	Standard	Proposed	Complies
Part 2 Permitted or Prohibited Development	R2 Low Density Zone	The proposal is defined as ancillary structure to a dwelling house. Ancillary structures to a dwelling house are permissible in the zone.	Yes
	Objectives of the Zone	The proposal complies with the objectives of the zone	Yes
4.3 Height of Buildings	9m as identified on Height of Buildings Map	No change to the existing building height	N/A
4.4 Floor Space Ratio	0.6:1 as identified on Floor Space Ratio Map	Unlikely to increase	Yes
6.4 – Foreshore Scenic Protection Area	Council cannot grant consent to the carrying out of development on land within a Foreshore Scenic Protection Area unless consideration has been made of the following: (3)(a) affect the natural environment, including topography, rock formations, canopy vegetation or other significant vegetation, and (b) affect the visual environment, including the views to and from the Georges River, foreshore reserves, residential areas and public places, and (c) affect the environmental heritage of Hurstville, and (d) contribute to the scenic qualities of the residential areas and the Georges River by maintaining the dominance of landscape over built form.	The proposal will not impact on views to the foreshore. The proposal is not likely to result in any impacts on any significant topographical feature, environmental heritage or any significant vegetation. The proposal retains useable landscaped areas on site.	Yes
6.5 Gross Floor Area of a Dwelling House	For site area ≤ 630sqm Maximum GFA = Site Area x 0.55	Floor area of principal dwelling is unlikely to increase	N/A
6.7 Essential Services	Development not to affect Council /Essential services	No impacts on services, minor increase in roof area – drain to Council’s kerb and gutter directly in front of the development site by a suitably designed charged system	Yes (Conditions to apply)

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

Clause 7(1)(a) of SEPP 55 requires the Consent Authority to consider whether land is contaminated. Council records indicate that the subject site has been used for residential purposes for a significant period of time with no prior land uses. In this regard it is considered that the site poses no risk of contamination and therefore, no further consideration is required under Clause 7(1)(b) and (c) of SEPP 55 and the land is considered to be suitable for the residential land use.

2. Draft Environmental Planning Instruments

No draft environmental planning instruments affect the proposed development.

3. Development Control Plans

An assessment of the proposed works against the relevant controls of the Development Control Plan No 1 - LGA Wide is provided below.

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

Section 4.1

Standard

Proposed

Complies

4.1.3.1

Max. Floor Area

For site area ≤ 630sqm

Maximum GFA = Site Area x 0.55

Floor area of principal dwelling is unlikely to increase

N/A

4.1.3.2

Landscaped Areas (min. width 2m)

Private Open Spaces

FSPA 25% of Site Area

15sqm of landscaped area to be provided in the front yard

Principal Private Open Space Min. dimension of 4m x 5m

No change

N/A

4.1.3.3

Building Height

Max. ridge height = 9m

Max. ceiling height

external wall = 7.2m

4.5m (Garage)

2.7m (Garage)

Yes

4.1.3.4

Setback Controls

Front Setback (Building Line):

4.5m

(to front wall of dwelling)

5.5m to garage/carport or on-site parking space

14.73m (Existing building line)

8.73m (Garage)

N/A

Yes

Side Boundary Setbacks:

900mm – ground floor level

SW – 1.45m (Garage)

NE – 3.9m (Garage)

Yes

Rear Setback:

Ground floor level – 3m

First floor level – 6m

No change

N/A

4.1.3.8

Car Parking

Min. 2 spaces for 3 bedrooms or more

(not applicable where no existing car parking behind building line)

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

Driveway crossing width: between 2.7m and 4.5m

AS2890.1 – Max. driveway gradient

2 spaces provided

Front garage

Yes

No (1)

Yes

4.1.3.10

Solar Design

Principal private open space of both the subject lot and adjoining lot must receive a minimum of 3hrs direct solar access between 9am and 3pm in mid-winter (June).

3hrs direct solar access between 9am and 3pm in mid-winter (June) can be achieved

Yes

4.1.3.11 Stormwater

Refer to Stormwater Assessment Table

Concept submitted

Yes

4.1.4 Alterations and Additions to a Single Dwelling House

Proposed design to be integrated to complement existing dwelling

Roof of the dwelling addition to be integrated and to complement existing design elements where possible

Proposed materials used must complement the existing dwelling

Complies

Yes

Stormwater Assessment
Existing Stormwater System	Existing absorption trench
Proposed Stormwater System	Drain to Council’s kerb and gutter directly in front of the development site by a suitably designed charged system (Conditions to apply)
Stormwater objectives for development type met?	Consistent
Slope to rear (measured centreline of site)	Yes
Gravity to street (from property boundary to street kerb)?	Yes
Discharge into same catchment?	Yes
Easement required?	No

(1) Car Parking - Front Garage

The proposal comprises a front garage attached to the front wall of the existing dwelling while Clause 4.1.3.8 under Development Control Plan No 1 – LGA Wide states ‘garages must not extend further towards the front boundary than the front wall of the dwelling’.

The variation is not considered unreasonable on the grounds that no vehicular access behind the front building alignment is available due to the site constraint. In addition, a number of front garages are evident in the immediate vicinity. The impact of the garage is not considered to be out of keeping with the existing streetscape. Further, the proposed garage provides 8.73m front setback which mitigates the visual impact on the streetscape. Lastly, the garage provides two (2) additional off street parking spaces which will likely increase on street parking capacity on Baker Street.

Therefore, the proposal is considered to be appropriate and is supported in this instance for the reasons provided above.

4. Impacts

Natural Environment

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

Built Environment

The proposal is considered to be appropriate, in terms of its scale, bulk and height compared to the surrounding developments. In this regard, the proposed works are not considered to result in any unacceptable material built environment impacts.

Social Impact

The proposed development is for a residential purpose in an already established residential zone. Consequently, the proposal will not result in any unreasonable social impacts.

Economic Impact

No significant economic impacts are likely to arise as a result of the proposed development.

Suitability of the Site

The subject site is free of environmental constraints and the proposal provides an urban form and level of amenity that is compliant with the relevant objectives of the Hurstville Local Environmental Plan and Development Control Plan No 1. As such, the subject site is suitable for the proposed development.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

The application was notified to six (6) neighbouring properties for a period of fourteen (14) days during which time one (1) submission was received in relation to the proposal. The following concerns were raised in relation to the proposal.

Stormwater

Concern was raised regarding potential stormwater overflow impact to the adjacent property.

Comment: It is conditioned that all roof waters shall drain to Council’s kerb and gutter directly in front of the development site by a suitably designed charged system. All surface water runoff such as driveway/footpath shall drain to a suitability designed absorption trench in the rear yard. The design of this proposed drainage system must be prepared by a qualified practising hydraulics engineer (with details of qualifications being provided) and be submitted for approval with the Construction Certificate application.

Front Awning

Concern was raised regarding the proposed front awning potentially encroaching to the neighbouring property.

Comment: A condition is to be included to ensure that no part of any structure (including gutters and eaves) may encroach or overhang any property boundary.

Acoustic Impact

Concern was raised regarding the acoustic impact potentially generated by the proposed development.

Comment: The side entry, the awning and other elements mentioned in the submission are unlikely to generate any unacceptable acoustic impact. A condition is to be included to ensure that the implementation of this development shall not adversely affect the amenity of the neighbourhood.

Privacy Impact

Concern was raised regarding the privacy impact generated by the rear facing window and the rear raised deck.

Comment: It is noted the rear facing window and the rear deck are existing and not part of the proposal. Therefore, the assessment of the privacy impact from the rear window and deck is not to be considered necessary in this report.

Accuracy of Information

Concern was raised regarding the accuracy of information of the engineering details and site area figure.

Comment: The proposal has provided information which has been sufficient for Council to undertake a thorough assessment of the proposal and such impacts of the proposal. Council Officers have made their own assessment of the merits of the proposal based on the information submitted.

Double Garage

Concern was raised regarding the double garage which is likely to set a precedent in the area.

Comment: As discussed, the proposal is considered to be appropriate and is supported in this instance for the reasons provided in the report.

Council Referral

Tree Management Officer

The application was referred to Council’s Tree Management Officer who raised no objection subject to the condition being attached to any consent granted.

Development Engineer

The application was referred to Council’s Development Engineer who raised no objection subject to the conditions being attached to any consent granted.

6. CONCLUSION

The proposed development of alterations and additions to an existing dwelling including a new front garage attached to the existing dwelling, alterations to roof and internal alterations is permissible in the zone R2 – Low Density Residential under the Hurstville Local Environmental Plan 2012. The proposal has been assessed against the relevant provisions of the Development Control Plan No 1 – LGA Wide. There is one (1) variation to car parking controls under Development Control Plan No 1. The proposal complies in full with the rest of Development Control Plan No 1 subject to the conditions included in this report.

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

DETERMINATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application DA2015/0335 for alterations and additions to an existing dwelling including a new front garage attached to the existing dwelling, alterations to roof and internal alterations on Lot 231 DP 11934 and known as 45 Baker Street, Oatley, subject to the attached conditions:

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

Reference No.	Date	Description	Revision	Prepared by
2 of 9	Received 14 Sep 15	Site Plan	H	Cape Cod
4 of 9	Received 14 Sep 15	Ground Floor Plan	H	Cape Cod
5 of 9	Received 14 Sep 15	Garage Plan	H	Cape Cod
6 of 9	Received 14 Sep 15	NW / SW Elevations	H	Cape Cod
7 of 9	Received 14 Sep 15	SE / NE Elevations	H	Cape Cod
8 of 9	Received 14 Sep 15	Section A-A	H	Cape Cod

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).

(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	$880.63
Construction Certificate Application Fee	$880.63
Construction Certificate Imaging Fee	$69.00

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

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

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

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

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

9. 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.

The submitted concept hydraulic plan shall be amended to:

(a) charge all roof water to a grated pit on site that is to drain by gravity to the Baker Street kerb and gutter. The grated pit must have a 150mm sump and galvanised mesh permanently fixed over the outlet pipe(s).

(b) Driveway and footpath runoff that drains away from the street is to be intercepted in a system of grated pits and pipelines and directed to a suitably designed absorption system.

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

10. CC2002 - Development Assessment - Site Management Plan - Minor Development - A Site Works 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. 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.

12. CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. A228186_02 dated 14 September 2015, approved with the Development Consent DA2015/0335, must be implemented on the plans lodged with the application for the Construction Certificate.

13. CC3001 - Development Engineering - Stormwater System

Reference No.	Date	Description	Revision	Prepared by
-	-	Site Stormwater Concept Plan	-	Cape Cod Australia

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

(a) All roof waters and all overflows from any rainwater tank shall drain to Council’s kerb and gutter directly in front of the development site by a suitably designed charged system.

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

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

(b) All surface water runoff such as driveway/footpath shall drain to a suitability designed absorption trench in the rear yard. Such trenches must be located at least 3m from any property boundary and be constructed across the contour of the land.

The design of this proposed drainage system must be prepared by a qualified practising hydraulics engineer (with details of qualifications being provided). Certification of the adequacy of the absorption trench system for the surface area being drained shall also be provided by the hydraulics engineer.

Design details and certification shall be submitted for approval with the Construction Certificate application.

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

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.

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

The retention of all trees as per recommendations in Statement of Environmental Effects is supported and is to be conditioned.

16. 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

(h) retaining walls

(i) stabilizing works

(j) structural framework

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.

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

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

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

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

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

19. 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.

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

(b) 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.

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

DURING WORK

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

21. CON2001 - Development Assessment - Hours of construction, demolition and building related work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A penalty infringement notice may be issued for any offence.

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

23. 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 kerb and gutter in Baker Street.

24. 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.

25. 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.

26. 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.

27. OCC2004 - Development Assessment - BASIX Compliance Certificate - A Compliance Certificate must be provided to the Principal Certifying Authority regarding the implementation of all energy efficiency measures as detailed in the BASIX Certificate No. A228186_02 dated 14 September 2015, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

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

(b) Details of any infiltration/absorption systems.

29. 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) 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) 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.

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.

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

31. 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.

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.

32. 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

33. 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.

Schedule B – Prescribed Conditions

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

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

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

36. 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.

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

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

Schedule C – Operational & Statutory Conditions

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

39. 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.

40. 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.

41. 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.

42. 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.

43. 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.

44. 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.

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

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

An Occupation Certificate Application Form is attached for your convenience.

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

For video relating to 45 Baker St Oatley click here

APPENDICES

Appendix View1	Location Plan - 45 Baker St Oatley
Appendix View2	Site Photo - Front - 45 Baker St Oatley
Appendix View3	Site Photo - Rear - 45 Baker St Oatley
Appendix View4	Site Plan - 45 Baker St Oatley
Appendix View5	North West and South West Elevation Plan - 45 Baker St Oatley
Appendix View6	South East and North East Elevation - 45 Baker St Oatley
Appendix View7	Company Extract - Applicant - 45 Baker St Oatley (Confidential)

Hurstville City Council – Council Meeting Wednesday, 16 March 2016

CCL084-16 117 Millett St Hurstville - Demolition of Existing and Construction of Two Storey Attached Dual Occupancy

Applicant	M Cubed Design
Proposal	Demolition of existing structures and construction of new two storey attached dual occupancy and front fence
Owners	W Awada
Report Author/s	Development Assessment Officer, Mr K Kim
File	DA2015/0196
Previous Reports Referenced	No
Disclosure of Political Donations or Gifts	No
Zoning	Zone R2 - Low Density Residential
Existing Development	Single dwelling house and in-ground swimming pool to rear
Cost of Development	$735,000.00
Reason for Referral to Council	Variation to DCP1
Planning Instruments Applicable	Hurstville Local Environmental Plan 2012, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, and Development Control Plan No 1 - LGA Wide
Hurstville Local Environment Plan Interpretation of Use	Demolition and dual occupancy

EXECUTIVE SUMMARY

1. The proposal seeks approval for the demolition of existing structures and construction of a two (2) storey attached dual occupancy and front fence on land known as 117 Millett Street Hurstville.

2. The proposal results in a variation to Development Control Plan No 1 as the site width is less than 15m (when measured perpendicular to the side boundaries) as required for the length of the building.

3. The application was notified to fifteen (15) neighbours/owners and no submissions were received in relation to this application.

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 demolition of existing structures and construction of a two (2) storey attached dual occupancy and front fence on land known as 117 Millett Street Hurstville.

HISTORY

11 Jun 15 Development application lodged with Council

25 Sep 15 Application notified for fourteen (14) days. No objection received in response.

23 Nov 15 Referral by Council’s Development Engineer received

24 Nov 15 Additional information sought from applicant

28 Dec 15 Requested information (overland flow analysis report) received by Council

21 Jan 16 Application re-notified for fourteen (14) days. No objection received in response.

10 Feb 16 Referral by Council’s Development Engineer completed

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located at 117 Millett Street Hurstville (Lot 1 DP 609768) and has a total site area of 710.8sqm. The site is located on the south western side of Millett Street.

The subject site is rectangular in shape, with a street frontage to Millett Street of 15.24m, rear boundary width of 13.715m and depth of 48.765m. The north western side boundary of the subject site has a slight kink (1.525m) towards the middle of the allotment, which results in the narrowing of the site width to a minimum of 13.715m along the southern rear boundary.

The subject site falls away from the rear of the site to the street and has a sewer line running across the mid-section of the rear yard. The proposed works in the vicinity of the existing sewer line are subject to Sydney Water’s approval via conditions (including standard conditions to require a Section 73 Certificate as specified by Sydney Water) attached to this report.

Existing on the site is a single storey dwelling house and a detached garage in the rear yard. There are three (3) medium sized on-site trees within the site, which are being removed with this application. Adjoining the site to the north west are the rear of two (2) storey dwelling house that have a frontage to Warwick Street and to the south west are single storey dwelling houses that have a frontage to Bassett Street. Adjoining the site to the south east are single dwelling houses and detached dual occupancies.

Analysis of the surrounding sites (this section of Millett Street between Warwick Street and Dudley Street) indicates that the majority of surrounding sites meet the minimum site width of 15m and minimum site area of 630sqm. It is noted that the subject site is the only lot with a narrower rear boundary due to the slight kink along the northern side boundary. Notably the southern immediate adjoining properties at 115 Millett Street has a site width of 15.24m and 113 Millett Street has already been subdivided. As such the proposal is unlikely to set a precedent in the street.

Further analysis of the surrounding sites found that there are several dual occupancies (detached and attached) have already been subdivided, which are part of the existing subdivision pattern of the street.

COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

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

Clause	Standard	Assessment Under HLEP 2012
Part 2 – Permitted or Prohibited Development	R2 Low Density Zone Objectives of the Zone	The proposal is defined as a dual occupancy housing. Dual occupancies are permissible in the zone. The proposal complies with the objectives of the zone
2.7 – Demolition requires Development Consent	The demolition of a building or work may be carried out only with development consent	The proposed demolition has been assessed as part of this application and is recommended to be approved, subject to standard demolition conditions of consent being attached to any consent granted
4.1A – Minimum Lot Sizes for Dual Occupancies	LEP Lot size map: Subject site is identified as “G” = 630sqm	710.8sqm (complies)
4.1B – Exception to minimum sizes for dual occupancies	Subdivision may be granted if there is a dual occupancy and after the subdivision there will only be 1 dwelling per lot	A separate DA is required for the Torrens Title subdivision
4.3 – Height of Buildings	9m as identified on Height of Buildings Map	9m (complies)
4.4 – Floor Space Ratio	Site = 710.8sqm 0.6:1 as identified on Floor Space Ratio Map Max. GFA = 426.48sqm	Proposed GFA = 412.3sqm FSR = 0.58:1 (complies)
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
6.7 – Essential Services	The following services that are essential for the development shall be available or that adequate arrangements must be made available when required: · Supply of water, electricity and disposal and management of sewerage · Stormwater drainage or on-site conservation · Suitable vehicular access	Adequate facilities for the supply of water and for the removal of sewage and drainage are available to this land Council’s Development Engineer has raised no objection, subject to the drainage conditions attached to the recommendation New driveway crossings from Millett Street (standard conditions for the submission of separate vehicular crossing applications and driveway design)

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
State Environmental Planning Policy 55 – Remediation of Land	Yes
State Environmental Planning Policy (Building Sustainability Index BASIX) 2004	Yes

2. Draft Environmental Planning Instruments

No Draft Environmental Planning instruments affect the proposed development.

Any other matters prescribed by the Regulations

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

Demolition

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

Clause 54, sub-clause 3 of the Environmental Planning and Assessment Regulation (2000) – Additional information relating to the matter referred to in Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979

A detailed overland flow analysis report was requested under this clause of the Regulation to ascertain whether the subject site is suitable, given the presence of a Sydney Water’s open channel on the southern side of the subject site at 111 Millett Street.

The submitted overland flow analysis report recommends construction requirements to overcome any likely impact of overland flow on to the proposed dwelling and adjoining properties. These construction requirements include minimum floor levels for the habitable portion of the dwelling, flow-through type fencing and overland flow path construction.

Council’s Development Engineer has reviewed the submitted overland flow analysis and amended designs and has supported this application, subject to the conditions detailed under the ‘Referrals’ section of this report.

3. Development Control Plans

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

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

Section 3.1	Requirements	Provided	Complies
3.1.2.1(2) – Layout	AS2890.1 – Min. dimensions (single garage) = 2.7m x 5.5m	Min. 3m x 5.5m for each garage	Yes
Single dwelling and dual occupancy (best fit)	2.7m – 4.5m single entry width or combined 6.0m	Min. 2.7m each driveway	Yes

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.2 SUBDIVISION

The subject site is of sufficient size and dimensions to permit the subdivision of an approved dual occupancy development once an Occupation Certificate is issued. However a subdivision application cannot be considered until such time an Occupation Certificate is issued. As such, subdivision will not form part of the recommendation for consent.

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

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

Section 3.4	Requirements	Proposed	Complies
Fencing	Allows natural surveillance to street	Yes - proposed front fence is satisfactory	N/A
Blind Corners	To be avoided	Avoided	Yes
Communal Areas	Provide opportunities for natural surveillance	Street facing living room windows provide natural surveillance to the street	Yes
Entrances	Clearly visible and not confusing	Clearly defined with front porch and pathway to the entrance of each dwelling	Yes
Site and Building Layout	· Provide surveillance opportunities · Building addresses street · Habitable rooms are directed towards the front of the building · Garages are not dominant	Surveillance opportunities provided Yes Habitable bedrooms to front of the building Yes	Yes Yes Yes Yes
Landscaping	· Avoid dense medium height shrubs · Allow spacing for low growing dense vegetation · Low ground cover or high canopy trees around car parks and pathways	A mixture of landscaping is proposed. This ranges from ground cover, small shrubs to medium sized trees.	Yes
Building Identification	· Clearly numbered buildings · Entrances numbered · Unit numbers provided at entry	Can be conditioned to satisfy these requirements, should the application be approved	Yes
Security	Provide an appropriate level of security for each dwelling	Sufficient level of security provided for each dwelling	Yes
Ownership	Use of fencing, landscaping, colour and finishes to imply ownership	Landscaping, front porch and pathways indicate ownership	Yes

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

A BASIX certificate has been submitted for the dwellings and the proposal meets the target scores. The solar access requirements of this section of Development Control Plan No 1 require that the principal area of ground level private open space of the adjoining properties receives at least 3 hours of sunlight between 9am and 3pm during the mid-winter solstice.

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

The proposal will drain by gravity to the kerb and gutter in front of the site in accordance with this section of Development Control Plan No 1 – LGA Wide.

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

The proposed fence is up to a height of 1m above the existing ground level and has an opening for each driveway. It is considered that the front fence is of reasonable architectural merit and is unlikely to adversely impact upon the streetscape.

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

Section 4.2	Requirements	Proposal	Complies
4.2.3 – Design Solutions and Controls - Option No. 3a	2 x 2 storey attached dwellings	2 x 2 storey attached dwellings	Yes
4.2.3.2 Allotment Size	630sqm	710.8sqm	Yes
4.2.3.3 Frontage	15m for standard sites, corner sites and dual street sites Min. site width (measured along the entire length of the allotment, including the frontage): 15m for attached dual occupancy Council may allow a site variation where the site may not meet the min. 15m site width for the entire width, but meets the width requirement at the 5.5m front building setback and for the length of the building	15.24m 15.24m – 13.715m 14.5m – 15.24m for the length of the building (the rear portion of the building does not meet the 15m site width for a distance of 4m)	Yes No (1)
4.2.2.4 Height	9m for two storey	Max. 9m	Yes
Excavation	Max. 0.6m	Nil	Yes
Wall Height	6.8m for two storey	DW1 (east): 6.8m DW2 (west): 6.8m	Yes
Floor to ceiling heights	2.7m – 3.6m	2.7m – 2.8m	Yes
Maximum storeys	2	2	Yes
4.2.3.5 Front Setbacks	5.5m First floor balconies to front to provide a 300mm eave to overhang the ground floor	DW1 (east): 5.63m DW2 (west): 5.63m Min. 300mm	Yes Yes
Side	1.2m for 2 storey outside FSPA	DW1 (east): 1.2m DW2 (west): 1.2m – 1.69m	Yes
Eaves	450mm non-combustible	450mm	Yes
Rear	7m ground floor 9m first floor	Ground floor – DW1 (east): 19m First floor – DW1 (east): 21m Ground floor - Unit B (east): 19m First floor - Unit B (east): 21m	Yes Yes
4.2.4 Floor Space Ratio	As per Hurstville LEP 2012 - 0.6:1 Site: 710.8sqm	Proposed GFA = 412.3sqm FSR = 0.58:1	Yes
4.2.5.1 Presentation to the street	Windows to street Attached may not be mirror-reverse Two elements of street façade of: Entry feature/window feature/balcony or window box treatment (first floor)/recess or projection/open verandahs/bay windows/ Pergola or similar features above garage doors Entrance clearly visible from street Garage recess 0.3m Maximum recommended roof pitch 35°	Windows face street Not mirror image - variations by a mix of architectural features Entry features, wall offsets, balconies and front porch used Entrances face street – defined by the front porch Recessed at least 0.3m from the front wall of each dwelling 18 degrees	Yes Yes Yes Yes Yes Yes (acceptable)
4.2.5.2 Subdivision	200mm thick dividing wall for Torrens Title subdivision	2720mm - separate application required (subdivision)	Yes
4.2.5.4 Materials and Finishes	To compliment surrounding development Minimise high contrasting colour schemes Fire rating of BCA to be achieved	The proposal incorporates a colour scheme and roof form which will be sympathetic to the existing dwelling and surrounds, and the combination of materials to be used will be acceptable in appearance Can be conditioned	Yes Yes
4.2.5.5 Views	Windows to provide views of private open space and approaches to dwelling Minimise view loss to surrounding properties Flat rooves may be used to protect views	Windows to habitable rooms provide views to private open space and approaches to dwelling The proposal will not impact on views of the adjoining properties	Yes
4.2.6 Landscaped Area Private Open Space	Driveway and pathway the only paving permitted in the front yard 20% of site to be landscaped (142.16sqm) 2m minimum width Minimum dimensions 4m x 5m Accessible from living area	Yes Approx. 201.6sqm (28%) 2m min width Min. 6.5m x 19m for each dwelling Accessible	Yes Yes Yes Yes
4.2.7 Vehicular Access and parking	1 garage and 1 driveway space per dwelling Garage setback 5.5m and recessed a minimum 300mm into façade Driveway width 3m minimum Driveways setback from side boundary by 1.5m minimum	One (1) single garage and one (1) driveway space for each dwelling DW1 (east): 6.13m DW2 (west): 6.1m (Min. recess of 0.3m for each garage) 2.7m for each driveway Min. 1.5m	Yes Yes Yes Yes
4.2.8 Cut and Fill	Cut/fill maximum 0.6m	Proposed cut: Nil Proposed fill: Nil (suspended slab and piers construction proposed to allow free flow of surface water beneath the building)	Yes Yes
4.2.9 Visual Privacy and Acoustic Amenity	Balconies and main windows directed towards front and rear Windows of habitable rooms to be offset by 1m from the window of the neighbouring dwelling or screened or provided with 1.5m bottom sill heights Location of driveways and parking areas	Yes Yes Yes - driveways and garages are located at least 1.2m away from the site boundary	Yes Yes Yes
4.2.10 Solar Design, Water and Energy Efficiency	Must comply with BASIX Cross ventilation to be provided All rooms to have a window Shadow diagrams for 2 storey proposals 3 hours solar access during midwinter solstice to be provided to subject and neighbouring dwellings	Complies As per BASIX Yes Shadow diagrams provided Yes	Yes Yes Yes Yes Yes
4.2.11 Site Facilities	3m x 1m garbage storage 6cubic meter storage Mailbox Outdoor Clothes line	Appropriate amenity provided	Yes
4.2.12 Stormwater Drainage	Drainage by gravity Alternatives: (1) Easement (2) Charged and gravity (3) OSD and infiltration	Council’s Development Engineer has raised no objection, subject to the drainage conditions attached to the recommendation (see the “stormwater assessment” table below)	Yes
4.2.14 Building Envelope Graphics	As per diagrams	Option 3a	Yes

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

(1) Frontage - Minimum site width

The applicant seeks a variation to the minimum site width (measured perpendicular to the sides) required for the length of the proposed dual occupancy with the following justification provided:

Part 4.2.3.3 of Hurstville Development Control Plan (HDCP) 1 states that a ‘dual occupancy can only be built on land that has a minimum width (measured along the entire length of the allotment, including the street) of no less than 15m for attached dual occupancy’. The proposal provides a 15.24m frontage to Millett Street which is continued for 21.355m along the allotment. The width of the allotment narrows from 15.24m from this point to 13.715m towards the rear of the allotment.

Notwithstanding the numerical non-compliance, the proposal satisfies the objectives stipulated under Part 4.2.3.3 HDCP 1 which are as follows:

· To ensure sites for dual occupancy developments are of adequate width to accommodate good building design.

· To limit the impacts of buildings upon the amenity of neighbouring land.

· To provide a variety of frontage controls for dual occupancy that respond to their impact on the streetscape.

The dual occupancy provides compliant side setbacks along both side boundaries. The side elevation of the building (DW2) along the north-western side boundary provides in excess of the minimum 1.2m side setback requirement at both the ground and first floor level. A varied setback of 1.2m to 1.69m is proposed which allows the building to be stepped to reduce its dominance on the adjoining property to the west. The front and rear setbacks exceed the minimum numerical controls stipulates under the DCP.

The internal configuration of each dwelling enables each space within the dwelling to be used for its intended purpose. Each dwelling provides generous open plan living areas in addition to multiple bedrooms that provide a satisfactory level of amenity for future occupants. The design has considered the impact on adjoining properties by ensuring that bulk of the building is accommodated within the area that enjoys the 15.24m site width. The rear alfresco areas are single storey in nature and will have a negligible impact on the adjoining properties.

The first floor balconies are unlikely to result in any significant increase in privacy impacts to the adjoining properties given each balcony is accessible only from the bedrooms which are considered to be low use rooms. Further, two of the balconies are oriented towards the street which will provide increased natural surveillance.

The proposal provides a significant amount of garden area around each of the dwellings and more than the minimum private open space requirements for each dwelling. In addition, the dual occupancy provides soft landscaping along the front and rear boundaries and planter beds between the two dwellings which provides a physical barrier between the dwellings. Despite this minor numerical non-compliance, the design has ensured that the proposal can satisfy all of the applicable controls of the DCP. Impervious areas have been kept to a minimum to soften the appearance of the dwellings when viewed from the street.

The proposal also provides adequate vehicular access and parking which complies with the required number of car spaces, the minimum dimensions and garage recess for each dwelling. The dual occupancy is not considered to be an overdevelopment of the site and this is clearly shown in the originally submitted compliance table with the majority of the controls having being met. Compliant ground and upper level side setbacks reduce the bulk of the development as stated previously. The design assists in maintaining a building envelope that will complement the existing and desired future streetscape.

The proposal has considered the amenity impacts on the adjoining properties in terms of visual privacy and solar access. The location of windows and the use of highlight windows will result in a development that has minimal adverse impacts on surrounding development. The shadow impact on the adjoining properties is minimal which is demonstrated in the submitted shadow analysis.

In this instance, the variation sought will not compromise the building design outcome which provides a high level of internal amenity with no adverse amenity impacts on neighbouring land. The objectives for the ‘site frontage’ for dual occupancy development have been met and it is requested that favourable consideration be given to the minor variation sought to the DCP control.

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

· The proposal is unlikely to set an undesirable precedent in the street or is not considered to be out of character with surrounding developments as there are existing dual occupancies on subdivided allotments with similar site area and site frontage in the vicinity of the development site, which form part of the existing subdivision pattern of the street.

· Notably the south immediate adjoining properties at 115 Millett Street has a site width of 15.24m and 113 Millett Street has already been subdivided. As such the proposal is unlikely to set a precedent in the street.

· No detrimental amenity impacts are envisaged with the proposal as it fully complies with all other requirements of Development Control Plan No 1. In addition no objections have been received in relation to the proposed development.

4. Impacts

Natural Environment

The proposed tree removal is considered to be appropriate subject to conditions of consent relating to replacement planting (three (3) x replacement trees). Also the proposal incorporates sufficient landscaped areas to soften the building and contribute to the natural environment.

Overall the proposal is unlikely to have any adverse impact upon the natural environment as a site/waste management plan, sediment and erosion control plan and drainage plans have been considered and addressed any potential impacts.

Built Environment

The proposal is considered to be appropriate, in terms of its scale, bulk and height compared to the surrounding developments. This is achieved by the full compliance with the requirements of the majority of Council’s planning controls with the exception of the minimum site width required for the length of the building that is supported for the reasons discussed earlier in the report.

The proposal is not considered to result in any unacceptable material built environment impacts subject to conditions of consent.

Social Impact

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

Economic Impact

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

Suitability of the Site

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

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Residents

Fifteen (15) letters were sent to adjoining residents and given fourteen (14) days on each of two (2) separate occasions in which to view the plans and submit any comments on the proposal. No submissions were received in relation to this application.

Council Referrals

Development Engineer

Council’s Development Engineer has considered the proposal and recommended conditions requiring an OSD, construction requirements as recommended by the submitted flood study report, restrictions on the use of the land and associated on-going conditions. These conditions have been included as part of the recommendation.

6. CONCLUSION

The proposal has been assessed under Section 79C Matters for Consideration under the Environmental Planning and Assessment Act 1979 (as amended) and considered to adequately satisfy the intent of the applicable planning controls as detailed within this report.

The proposed dual occupancy cannot be subdivided until such time as an Occupation Certificate is granted in accordance with Clause 4.1B of Hurstville Local Environmental Plan 2012. A condition has been imposed to this effect.

The variation to the minimum site width required for the length of the building is supported for the reasons stated in this report.

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

DETERMINATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application DA2015/0196 for the demolition of existing and construction of two storey attached dual occupancy and front fence on Lot 1 DP 609768 and known as 117 Millett Street Hurstville, subject to the attached conditions:

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

Reference No.	Date	Description	Revision	Prepared by
2/16	28/12/15	Site Plan	2	M Cubed Design
3/16	28/12/15	Ground Floor Plan	2	M Cubed Design
4/16	28/12/15	First Floor Plan	2	M Cubed Design
5/16	28/12/15	Roof Plan	2	M Cubed Design
6/16	28/12/15	Front Fence and Elevations - 1	2	M Cubed Design
7/16	28/12/15	Elevations - 2	2	M Cubed Design
8/16	28/12/15	Section	2	M Cubed Design
9/16	28/12/15	Erosion and Sediment Control Plan and Site Works Plan	2	M Cubed Design
10/16	28/12/15	Demolition Plan	2	M Cubed Design
14/16	28/12/15	Site Analysis Plan	2	M Cubed Design
--	12/15	Flood Study (Addendum dated 09/02/16)	--	KD Stormwater Pty Ltd
1 of 1	07/04/15	Survey Plan	--	Sydney Registered Surveyors

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

S94 Residential (Community Facilities)

S94 Residential (Open Space, Recreation, Public Domain)

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	$1,885.50
Construction Certificate Application Fee	$1,885.50
Construction Certificate Imaging Fee	$172.00

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

a. Amount of Contribution

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

Contribution Category Amount

Community Facilities $2,478.00

Open Space, Recreation and Public Domain Facilities $17,522.00

Total: $20,000.00

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

b. Indexing

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

c. Timing and Method of Payment

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

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

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

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

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

5. 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.

SEPARATE APPROVALS UNDER OTHER LEGISLATION

6. APR2000 - Development Assessment - Torrens Title Subdivision of a Dual Occupancy Development - A separate development application is required to be lodged with Hurstville City Council for the Torrens Title Subdivision. This development application can only be lodged and determined after an Occupation Certificate has been issued for the Dual Occupancy development.

7. 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.

8. 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.

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

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

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

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

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

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

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

12. CC2029 - Development Assessment - Front fence resistance to overland flow - The design of the front boundary fence/gates is to be of a construction type that poses no impedance to overland flow for a 1:100yr ARI storm event.

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

13. 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 KD Stormwater Pty Ltd dated December 2015.

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

(a) Minimum floor levels

(b) Fencing

(d) Overland flow path construction

(e) 50% of the proposed building to be of suspended floor with corresponding openings in the perimeter walls

(f) The use of flood compatible materials

(g) Footings designed by a qualified structural engineer to resist flood related forces

(h) Utility service outlets to be above flood level

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

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