Council MEETING

Notice of Meeting

Wednesday, 21 May 2014

Thursday, 15 May 2014

His Worship The Mayor and Councillors

I have by direction to inform you that a Council Meeting will be held at Council Chambers, Civic Centre, Hurstville, on Wednesday, 21 May 2014 for consideration of the business available on Council's website at http://www.hurstville.nsw.gov.au/Agendas-and-Minutes.

Mr V G D Lampe

General Manager

 

BUSINESS

1.       The National Anthem

2.       Opening Prayer

3.       Acknowledgement of Traditional Custodians

4.       Apologies

5.       Mayoral Minute

6.       Matters of Privilege

- Condolences

- Other

7.       Disclosures of Interest

8.       Minutes of previous meetings

9        Council Reports

10      Notices of Motion

11.     Committee of the Whole (Closed Council Meeting)

12.     Open Council

13.     Consideration of Committee of the Whole Recommendations

 

The Quorum for the meeting is 7


Council Meeting

Summary of Items

Wednesday, 21 May 2014

 

Previous Minutes

MINUTES: Council Meeting - 09 May 2014
MINUTES: TRAFFIC ADVISORY COMMITTEE – 01 MAY 2014

Council Reports

CCL110-14       Minutes of the PIN Review Committee - 6 May 2014 (14/42)

(Report by Manager Environmental Services, Mr G Dickens ).................................. 2

CCL111-14       42 - 44 Lawrence Street Peakhurst - Demolition of existing structures and construction of a residential flat building containing 4 x 1 bedroom 8 x 2 bedroom and 3 x 3 bedroom units with basement car parking area (DA2013/0386:3)

(Report by Senior Development Assessment Officer, Ms P Bizimis)....................... 4

CCL112-14       66 - 68 Lawrence Street Peakhurst - Demolition of existing structures and construction of a three storey residential flat building with basement car parking (DA2013/0346)

(Report by Development Assessment Officer, Mr K Kim)........................................ 63

CCL113-14       3 - 7 Gover Street Peakhurst - Demolition of existing and construction of new three storey residential flat building containing 23 units and basement parking (DA2013/0268)

(Report by Development Assessment Officer, Mr M Raymundo).......................... 125

CCL114-14       4-6 Lawrence Street Peakhurst - Demolition of the existing dwelling houses and construction of a three storey residential flat building with basement car parking (DA2013/0252)

(Report by Development Assessment Officer, Mr P Nelson)................................. 182

CCL115-14       67 Trafalgar Street Peakhurst - Demolition of existing dwelling and construction of three storey multi dwelling housing development comprising of four (4) x dwellings with basement parking and strata subdivision (DA2013/0371)

(Report by Senior Development Assessment Officer, Ms T Gizzi)....................... 242

CCL116-14       928 Forest Road Peakhurst - Construction of multiple dwelling development comprising four (4) dwellings (DA2013/0410)

(Report by Development Assessment Officer, Mr K Kim)...................................... 284

CCL117-14       924 Forest Road Peakhurst - Demolition of existing structures and construction of 3 x 3 bedroom and 1 x 2 bedroom dwellings as multi dwelling housing and front fence and strata subdivision into four allotments (DA2013/0420)

(Report by Senior Development Assessment Officer, Ms P Bizimis)................... 319

CCL118-14       63 Cairns Street Riverwood - Demolition of existing structures and construction of multiple dwelling development comprising five (5) dwellings (DA2014/0164)

(Report by Development Assessment Officer, Mr K Kim)...................................... 351

CCL119-14       Unit 1 159 Penshurst Street Beverly Hills - Alterations and use of premises as a place of public worship with associated signage (DA2013/0237)

(Report by Senior Development Assessment Officer, Ms P Bizimis)................... 389

CCL120-14       115 Penshurst Street Penshurst - Demolition of exsiting dwelling and structures and construction of new multiple dwelling development with strata subdivision (DA2013/0325)

(Report by Development Assessment Officer, Mr K Kim)...................................... 407

CCL121-14       112 Arcadia Street Penshurst - Alterations and additions to an existing dual occupancy comprising ground and first floor additions to the rear dwelling and Torrens title subdivision (DA2013/0429)

(Report by Senior Development Assessment Officer, Ms T Gizzi)....................... 447

CCL122-14       Submissions received to Public Exhibition of Draft Development Control Plan No 1 - LGA Wide (14/634)

(Report by Manager Strategic Planning, Ms C Gregory)....................................... 479

CCL123-14       Commercial Centres Study for Local and Neighbourhood  Centres - Hurstville LEP 2012   (12/2129)

(Report by Manager Strategic Planning, Ms C Gregory)....................................... 484

CCL124-14       Review of Local Controls for Boarding Houses (14/765)

(Report by Executive Planner, Ms A Aversa-Morassut)......................................... 487

CCL125-14       Certificate of Cash and Investments as at 30 April 2014 (13/1501)

(Report by Financial Accountant and Risk Management, Ms R Matienga).......... 501

CCL126-14       2014-2015 Concessional Rental Annual Applications for Parks (13/312)

(Report by Sport and Recreation Officer, Ms C Irwin)............................................ 505

CCL127-14       2014-2015 Concessional Rental Annual Applications - Hurstville City Council facilities (14/361)

(Report by Manager Library Museum and Entertainment, Ms R Schulz).............. 507

CCL128-14       Concessional rental application - St George Youth Services (13/312)

(Report by Manager Library Museum and Entertainment, Ms R Schulz).............. 511

CCL129-14       Youth Sponsorship Request - Mikaela Stevens (14/41)

(Report by Governance Officer, Mr D Henkel)......................................................... 513

CCL130-14       Youth Sponsorship Request - Luke Woosnam (14/41)

(Report by Governance Officer, Mr D Henkel)......................................................... 515

CCL131-14       Youth Sponsorship Request - Phoebe Au (14/41)

(Report by Governance Officer, Mr D Henkel)......................................................... 519

CCL132-14       Request for Funding - 2014 Lugarno Spring Fair (14/375)

(Report by Sport and Recreation Officer, Ms C Irwin)............................................ 521

CCL133-14       Request for Additional Funding - Construction of Amenities Building at Penshurst Park (11/1014)

(Report by Manager Engineering Services, Mrs M Whitehurst)............................ 523

CCL134-14       2013 Sport and Recreation Facility Funding for Charles Street Reserve (13/958)

(Report by Manager Engineering Services, Mrs M Whitehurst)............................ 526

CCL135-14       Request for Funding for Upgrade of Pole Depot Community Centre (11/520)

(Report by Manager Engineering Services, Mrs M Whitehurst)............................ 528

CCL136-14       Invitation - The Pole Depot Annual Fundraiser 2014 (14/39)

(Report by Manager Corporate Governance and Records, Mrs K Garske)........ 561

CCL137-14       Invitation - Kogarah Mayoral Ball (14/40)

(Report by Manager Corporate Governance and Records, Mrs K Garske)........ 563

CCL138-14       Request for Sponsorship - Recreation Sports and Aquatics Club Annual Presentation Day 2014 (14/14)

(Report by Manager Corporate Governance and Records, Mrs K Garske)........ 575

CCL139-14       Mayor and Councillors Fees 2014-2015 (11/1129-2)

(Report by Manager Corporate Governance and Records, Mrs K Garske)........ 580

CCL140-14       Civic Office Expenses Policy Review 2014 (14/506)

(Report by Manager Corporate Governance and Records, Mrs K Garske)........ 582

CCL141-14       Hurstville Aquatic Leisure Centre - Celebration of 1 Million Visitors (13/695)

(Report by Manager Engineering Services, Mrs M Whitehurst)............................ 649

CCL142-14       Hurstville Oval - First Grade Ground of the Year 2013-2014 (14/670)

(Report by Manager Engineering Services, Mrs M Whitehurst)............................ 651

CCL143-14       Request to remove Two Private Street Trees - 25 Millett Street Hurstville (14/551)

(Report by Manager Engineering Services, Mrs M Whitehurst)............................ 653

CCL144-14       Options for a Residential ePanel (14/850)

(Report by Manager Public Relations and Events, Ms T Abraham)...................... 654

CCL145-14       Return of Thanks (14/24)

(Report by Manager Corporate Governance and Records, Mrs K Garske)........ 656

Notices of Motion

NM009-14          Draft Development Control Plan No 1 Amendment – Multiple Dwellings – Savings Provision (11/1074)

(Report by Councillor, R Kastanias)......................................................................... 657

NM010-14          Increasing the Number of Food Safety Seminars  (11/1074)

(Report by Deputy Mayor, Councillor N Liu)............................................................. 659

NM011-14          General Manager's Performance Review Process (07/1536)

(Report by Councillor, B Thomas)............................................................................. 660  

Committee of the Whole (Closed Council Meeting)

COW035-14      Extension of SSROC Contract for the Provision of Tree Pruning Services (10/1831-2)

(Report by Manager Engineering Services, Mrs M Whitehurst)

COW036-14      Tender for the Reconstruction of Sportsfields at Various Locations (14/667)

(Report by Manager Engineering Services, Mrs M Whitehurst)

COW037-14      Tender for the Construction of the New Jubilee Park Community Centre (14/586)

(Report by Manager Engineering Services, Mrs M Whitehurst)

COW038-14      Tender for the Design and Construction of Amenities Buildings at Evatt Park, Rasdall Park and Peakhurst Park (14/625)

(Report by Manager Engineering Services, Mrs M Whitehurst)

COW039-14      Property Matter - Memorial Square - Forest Road Hurstville (12/2129)

(Report by Property Projects Coordinator, Mr B Morabito)

COW040-14      Property Matter - 6 Smiths Avenue Hurstville (11/1806)

(Report by Property Projects Coordinator, Mr B Morabito)

COW041-14      Property Matter - 319 Forest Road Hurstville (14/770)

(Report by Property Projects Coordinator, Mr B Morabito)

COW042-14      Property Matter - River Road, Oatley (C06/37)

(Report by Property Projects Coordinator, Mr B Morabito)  

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

AGENDA

1.      The National Anthem

2.      Opening Prayer

3.      Acknowledgement of Traditional Custodians

Council acknowledges the traditional custodians of the land on which this meeting is being held as the Bidjigal people of the Eora Nation.

4.      Apologies 

5.      Mayoral Minutes

6.      Matters of Privilege

- Condolences

- Other

7.      Disclosure of Interest

8.      Minutes of previous meetings

Council Meeting - 09 May 2014


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

9.      Council Reports

CCL110-14        Minutes of the PIN Review Committee - 6 May 2014 

Report Author/s

Manager Environmental Services, Mr G Dickens  

File

14/42

Previous Reports Referenced

No

Community Strategic Plan Pillar

Environmental Sustainability

Existing Policy?

No

New Policy Required?

No

Financial Implications

Within Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

This report is presented to Council to endorse the recommendations of the PIN Review Committee (Meeting 04/14) held on Tuesday, 6 May 2014.

 

AUTHOR RECOMMENDATION

THAT Council endorse the recommendations of the PIN Review Committee (Meeting 04/14) held on Tuesday, 6 May 2014.

 

REPORT DETAIL

Meeting 04/14 of Council’s PIN Review Committee was held on Tuesday, 6 May 2014. There were a total of twenty (20) representations reviewed by the Committee, which are summarised in the Table below.

 

Review No.

Pin No

Name Of Appellant

Decision Of Committee

54/14

311016325

Mr. C. Shen

Penalty to stand

55/14

3110117872

Ms A. Silva

Penalty to be replaced with a warning

56/14

3110131467

Mr. B. Tolhurst

Penalty to stand

57/14

3110120357

Mr. Dimitrovski

Penalty to be cancelled

58/14

3110123904

Ms V.K. Peng Lai

Penalty to stand

59/14

3110130073

Mr. J. Yakayadra

Penalty to stand

60/14

3110095149

Mr. P/ Jiang

Penalty to be cancelled

61/14

3110120238

Mrs. C. Vince

Penalty to be replaced with a warning

62/14

3110126140

Mrs. Monti

Penalty to stand

63/14

3110114967

Mr. A. Dimitrakas

Penalty to stand

64/14

3110124710

Mr. A. Lee

Penalty to stand

65/14

3110127067

3110127159

Mrs. Yinghong Chen

Both penalties to be replaced with a warning

66/14

311012603

Ms. Yun Zhang

Penalty to be replaced with a warning

67/14

3110116910

Mr. Z. Lu

Penalty to stand

68/14

3110114408

Mr. M. Diab

Penalty to stand

69/14

3110122007

Ms. A. Yan

Penalty to stand

70/14

3110112620

Ms. L. Hurst

Penalty to stand

71/14

3110133319

Ms. S. Wang

Penalty to stand

72/14

3110121630

Mr. Z. Chao

Penalty to stand

73/14

3110136150

Mr. R. Sanderson

Penalty to stand

 

 

  


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL111-14        42 - 44 Lawrence Street Peakhurst - Demolition of existing structures and construction of a residential flat building containing 4 x 1 bedroom 8 x 2 bedroom and 3 x 3 bedroom units with basement car parking area 

Applicant

George El Khouri Architects

Proposal

Demolition of existing structures and construction of a residential flat building containing 4 x 1 bedroom, 8 x 2 bedroom, and 3 x 3 bedroom units with basement car parking area

Owners

Mrs T A Fensom and Mr S A Fensom and Mr M Novakovski

Report Author/s

Senior Development Assessment Officer, Ms P Bizimis

File

DA2013/0386:3

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone R3 - Medium Density Residential

Existing Development

Single storey dwelling house on each lot with outbuildings

Cost of Development

$2,890,000.00

Reason for Referral to Council

Seventeen (17) submissions received and 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, State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development, Development Control Plan No 1 – LGA Wide – Section 2.2 Neighbour Notification, Section 3.1 Car Parking, Section 3.3 Access and Mobility, Section 3.4 Crime Prevention through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On-Site Detention (OSD) Requirements, Section 3.9 Waste Management, Section 3.11 Preservation of Trees and Management, Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environment Plan Interpretation of Use

Demolish and Residential flat building

 

EXECUTIVE SUMMARY

1.         The application seeks permission to demolish the existing structures and construct a residential flat building containing four (4) x one (1) bedroom, eight (8) x two (2) bedroom and three (3) x three (3) bedroom units with basement car parking area.

2.         The application has been assessed against the requirements of the relevant planning instruments and Development Control Plans and does not comply for the height of the basement, and building envelope. These minor variations are a result of the flood affectation to the site and are discussed in the report.

3.         The application was notified/advertised to twenty two (22) resident/owners and seventeen (17) submissions objecting to the development were received in reply. The issues raised in the submissions are detailed in the report.

4.         The application was considered by Council on 2 April 2014 where it was resolved “THAT the applicant be required to undertake a redesign in order to fully meet the requirements of Council’s LEP and DCP”.

5.         The applicant advised on 10 April 2014 that they request that the application be determined as no amended plans will be submitted.

6.         The application was deferred at the Council meeting of 7 May 2014 for a site inspection. The inspection was held on 12 May 2014.

 

AUTHOR RECOMMENDATION

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

 

REPORT DETAIL

 

ADDITIONAL INFORMATION

On 10 April 2014 the applicant sent an email requesting that the application be determined and that no amended plans would be submitted. The email is as follows:

“I would like to bring to your attention a recent Land and Environment Court ruling for 50-52 Lawrence Street Peakhurst. Judgement decision on side boundary setbacks and building envelope requirements, relates to our development application. One of the major issues Councillors delayed our development application determination for 42-44 Lawrence Street Peakhurst was on non compliance to building envelope. This ruling benefits our development application before Council.

 

Currently our firm is lodging plans on the subject application to the Land and Environment Court for determination. Our firm has occurred extra costs and time delays with Councils recent decision of the development application.

 

I now request Council to determine the current development application, before attending a Land and Environment Court Hearing, to avoid further costs and time of Council, as result of the recent Land and Environment Judgement.”

 

This application is now submitted to Council for determination. The report on the development application has been updated to include reference to the Peakhurst Planning Proposal, DCP legislation and the most recent decision from the Land & Environment Court on a previous application in Lawrence Street (presented below). Another amendment has been included to the recommended conditions of consent relating to Council infrastructure in Peakhurst.

 

PROPOSED AMENDMENT TO PEAKHURST R3 ZONE

Council at its meeting on 5 February, 2014 resolved in part to prepare a Planning Proposal to amend Hurstville Local Environmental Plan 2012 (HLEP 2012) by changing the zoning of land currently zoned R3 Medium Density Residential to R2 Low Density Residential and bounded by Forest Road, Bonds Road, Trafalgar Street, Gover Street, Lawrence Street, Peakhurst Park and Jacques Avenue, Peakhurst. This Planning Proposal is currently under preparation and until the proposed amendment is made to the HELP 2012, the subject application complies with the current R3 Medium Density Residential zoning. The intended amendment is not a relevant matter for consideration, until such time as the Planning Proposal receives a Gateway Determination and is placed on public exhibition.

 

Planning legislation changes for DCPs

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

 

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

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

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

 

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

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

 

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

 

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

 

Further the Commissioner concluded that:

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

 

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

 

It is apparent that the Land & Environment Court will accept compliance with FSR and height controls, and minor variations where the objectives of those controls are met. In this regard the variations to building envelope, basement level above ground are minor and stem in part from managing overland flow and site constraints.

 

On 24 April, 2014 Council received notice of a “Deemed Refusal” Class 1 Appeal lodged in the Land & Environment Court with call-over scheduled for 21 May, 2014.

 

DESCRIPTION OF THE PROPOSAL

The application seeks permission to demolish the existing structures and construct a residential flat building containing four (4) x one (1) bedroom, eight (8) x two (2) bedroom and three (3) x three (3) bedroom units with basement car parking area. The development has been designed so that it is split level due to the site sloping to the rear. In particular the proposed development will comprise the following:

 

Basement level

§ Eighteen (18) residential car spaces including two (2) accessible car spaces

§ Four (4) visitor car spaces

§ Lift, stairs, electrical room, stormwater detention tank, fifteen (15) storage areas

 

Ground level

§ One (1) x one (1) bedroom unit

§ One (1) x one (1) bedroom + study unit (accessible unit)

§ Three (3) x two (2) bedroom units

§ Lift and stairs

§ Communal open space area

 

First floor

§ One (1) x one (1) bedroom unit

§ One (1) x one (1) bedroom + study unit (accessible unit)

§ Four (4) x two (2) bedroom units

§ Lift and stairs

 

Second floor

§ One (1) x two (2) bedroom unit

§ Three (3) x three (3) bedroom units

§ Lift and stairs

 

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the northern side of Lawrence Street Peakhurst. The site comprises two (2) lots with a combined frontage of 33.63m and a site area of 1207.6sqm. The site has a slope to the rear north east corner of the site. The site is flood affected which requires any proposed development to have a finished floor level above the existing ground level. A street tree is located at the front of the site adjoining the south east corner of the site. Existing on each lot is a single storey dwelling with outbuildings.

 

Adjoining the site on the western boundary is a 3.66m wide public pedestrian access which connects Peakhurst Park from Lawrence Street. Adjoining the pedestrian path is a single storey dwelling with outbuildings. Adjoining the site on the eastern boundary is a single storey dwelling house with outbuildings. To the rear of the site are single storey dwelling houses which are subject to a development application for a residential flat building.

 

The area surrounding the subject site is characterised by one (1) and two (2) storey residential developments including single dwelling houses and dual occupancy developments.

 

COMPLIANCE AND ASSESSMENT

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

 

1.      Environmental Planning Instruments

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

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

 

Clause

Standard

Proposal

Complies

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

Consistent with the aims of the plan

Yes

1.4 - Definitions

Residential flat building

The proposed development is defined as a residential flat building

Yes

2.3 - Zone objectives and Land Use Table

Meets objectives of R3 Zone

 

Development must be permissible with consent

Meets objectives and is a permissible development with consent

Yes

2.6 - Subdivision

Subdivision is permissible with consent

Subdivision is not sought with this application

N/A

2.7 - Demolition

Demolition is permissible with consent

Demolition proposed

Yes

4.3 – Height of Buildings

12m as identified on Height of Buildings Map

12m maximum

Yes

4.4 – Floor Space Ratio

1:1 as identified on Floor Space Ratio Map

1:1

Yes

4.5 – Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl.4.5

FSR and site area calculated as per requirements

Yes

4.6 –Exceptions to development standards

A written request to vary a development standard must be submitted by the applicant

No variation proposed

N/A

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP1

Trees to be removed from the site are not included in Tree Preservation Order or no objection raised by Tree Management Officer Street tree located at the front of the site is to be retained

Yes

5.10 – Heritage conservation

Heritage impact statement required if site involves heritage item

Site does not involve heritage item

N/A

6.1 – Acid Sulfate Soils

Acid Sulfate Soils Management Plan must be prepared

Site not affected by acid sulphate soils

N/A

6.7 – Essential Services

Development consent must not be granted to development unless services that are essential for the development are available

Essential services are available to the development

Yes

 

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

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

 

State Environmental Planning Policy

Complies

State Environmental Planning Policy 55 – Remediation of Land

Yes

State Environmental Planning Policy (Building Sustainability Index BASIX) 2004

Yes

 

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

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

 

Application of SEPP 65

 

Clause

Standard

Proposal

Complies

3 - Definitions

Complies with definition of “Residential Flat Building” (RFB)

Complies with definition

Yes

4 - Application of Policy

Development involves the erection of a new RFB, substantial redevelopment or refurbishment of a RFB or conversion of an existing building into a RFB

Erection of a new residential flat building

Yes

30 – Development Applications

Design verification statement provided by qualified designer

 

Registered Architect Name and Registration No.

Design Verification Statement provided by Registered Architect Mr George El Khouri

Yes

         

Part 2 Design Quality Principles under the SEPP

 

Clause

Standard

Proposal

Complies

1 – Context

Good design responds and contributes to its context (e.g. natural and built features of an area)

Proposed development has been designed to respond to the flood affectation and slope of the site by having split levels

Yes

2 – Scale

Good design provides an appropriate scale in terms of the built and height that suits the scale of the street and surrounding buildings

The proposed development provides an appropriate scale with the relevant requirements relating to floor space ratio, height, and setbacks

Yes

3 – Built form

Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements

Proposed development achieves good outcomes in terms of design

Yes

4 - Density

Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents)

Proposed development complies with the floor space ratio requirements

Yes

5 – Resource, energy and water efficiency

Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction

Proposed development provides appropriate outcomes as evidenced by BASIX Certificate

Yes

6 - Landscape

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain

Landscaping to the site exceeds minimum requirements and submitted landscape plan proposes new planting to the site which will improve the site. Existing street tree will be retained.

Yes

7 - Amenity

Good design provides amenity through the physical, spatial and environmental quality of a development

The proposed development reduces privacy impacts with the location of balconies on the front and rear elevations where possible and the provision of high sill windows on the side elevations where appropriate. Privacy screens should be provided to the second floor balconies which are located on the side elevations of the building.

Yes, subject to condition of consent requiring the provision of privacy screens to second floor balconies located on side elevations

8 – Safety and Security

Good design optimises safety and security, both internal to the development and for the public domain

Proposed development is consistent with crime prevention principles

Yes

9 –Social dimensions and housing affordability

Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities

Proposed development provides a variety of housing options in terms of unit size, number of bedrooms, and adaptable housing

Yes

10 - Aesthetics

Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development

Design of development and proposed external materials and finishes are appropriate and provide architectural interest

Yes

 

Clause 30 – Consideration of Residential Flat Design Code Design Controls

 

Clause

Standard

Proposal

Complies

Building Height

Ensure future development responds to desired future scale and character of street and local area

Proposed development is consistent with scale of development permitted under the relevant planning instruments

Yes

Building Depth

Maximum 18m (glass line to glass line). For wider buildings must demonstrate how satisfactory daylight and natural ventilation are achieved

Development is 20m by 23m which can be considered if daylight and natural ventilation are achieved. The development complies with these requirements.

Yes

Building Separation

3 to 4 storeys/12m:

-12m between habitable rooms/balconies to habitable rooms/balconies

-9m between habitable rooms/balconies to non-habitable rooms

-6m between non habitable rooms to non habitable rooms

Building separation controls can be varied in response to site and context constraints, but must demonstrate that daylight access, urban form and visual and acoustic privacy have been satisfactorily achieved.

Adjoining development comprises single storey dwellings, so separation distances do not apply. Should the adjoining developments be developed for residential flat buildings the building separation distances cannot be achieved due to the width of sites and the side setbacks required to achieve compliance which would be over 6m to the edge of any balcony. The building separation controls can be varied given the context of the development and the fact that the development satisfies requirements relating to daylight access, urban form, and visual and acoustic privacy. The Design Review Panel considered this and were satisfied that the development achieved appropriate separation distances. 

Yes

Street setbacks

Use different setback controls to differentiate between urban and suburban character areas.  5m -9m range is typical in suburban areas

The front setback of the development is minimum 6m with the balconies encroaching 1m as per the requirements of DCP1

Yes

Side and rear setbacks

Relate side setbacks to existing streetscape patterns

Side setbacks meet the requirements of DCP1

Yes

Floor Space Ratio (FSR)

To ensure that the development is in keeping with the optimum capacity of the site and the local area. FSR is not specified in the Design Code

Development complies with the FSR requirement of 1:1

Yes

Deep Soil Zones

A minimum of 25% of the open space area of a site should be a deep soil zone

29.5% deep soil

Yes

Fences and walls

Clearly delineate the public and private domain

Proposed fencing is appropriate

Yes

Landscape design

Landscape design should optimise useability, privacy, social opportunity, equitable access and respect neighbour’s amenity

Landscape plan submitted with the application proposes appropriate planting to the site in the form of trees, shrubs, and ground covers

Yes

Open Space

Communal open space should be generally 25% of the site area.

Min private open space for apartment at ground level/podium is 25sqm. Min preferred dimension in one direction is 4 metres

31% of site area provided as communal open space. Private open space to ground floor units meets the requirements of DCP1.

Yes

Orientation

Position and orientate buildings to maximise solar access

The position and orientation of the development maximises solar access

Yes

Planting on structures

Design for optimum conditions for plant growth

Planting on structures has been minimised small planter boxes only. Remainder of site is deep soil.

Yes

Stormwater Management

Reduce the volume impact of stormwater on infrastructure by retaining it on site.

 

Stormwater disposal is appropriate. Council’s Development Engineer has raised no objection subject to conditions of consent.

Yes

Safety

Undertake a formal crime prevention assessment of the development

Development is consistent with crime prevention principles

Yes

Visual privacy

Provide reasonable levels of visual privacy.

The proposed development reduces privacy impacts with the location of balconies on the front and rear elevations where possible and the provision of high sill windows on the side elevations where appropriate. Privacy screens should be provided to the second floor balconies which are located on the side elevations of the building.

Yes, subject to condition of consent requiring the provision of privacy screens to second floor balconies located on side elevations

Building Entry

Create entrance which provides a desirable residential identity for development

Building entry is readily identifiable and presents well

 

Yes

Parking

Provide adequate car parking for the building and integrate parking with the design of the building

Basement car parking proposed which meets requirements

Yes

Pedestrian Access

Promote residential flat development that is well connected to street and contributes to accessibility.

 

Barrier free access to at least 20% of units

Development is well connected to street and 100% of units are barrier free

Yes

Vehicle Access

Limit width of driveways to 6 metres.

Integrate adequate car parking and servicing access without compromising character

Driveway is 6m wide and car parking is provided in basement level and not visible from the street

Yes

Apartment Layout

-Maximum depth from window of single aspect apartment 8.0m

-The back of a kitchen should be no more than 8 metres from a window.

-Width of cross-over apartments more than 15 metres deep should be a minimum of 4 metres

Complies with these requirements

Yes

Apartment Mix

To provide a diversity of apartment types, which cater for different household requirements now and in the future

Units are provided in a variety of sizes, number of bedrooms, and option of adaptable housing

Yes

Balconies

Primary balconies to be a minimum of 2 metres in depth

Balconies have minimum 2m dimensions

Yes

Ceiling Heights

Residential buildings/floors

-habitable rooms minimum 2.7m

-non habitable rooms minimum 2.25m

All rooms have ceiling heights of between 2.7m and 3m

Yes

Flexibility

Provide apartment layouts which can accommodate the changing use of rooms

Layout of units are appropriate

Yes

Ground floor apartments

Optimise the number of ground floor apartments with separate entries. Ensure ground floor apartments have access to private open space.

Ground floor units have private open space and are accessible from a central entry point to the building

Yes

Internal Circulation

Maximum of 8 units to be accessible from a double loaded corridor.

Maximum 6 units accessible from corridor

Yes

Storage

To provide adequate storage for every day household items within easy access of the apartment

1br = 6m³

2br = 8m³

3br = 10m³

Storage provided to each unit meets requirements

Yes

Acoustic Privacy

Protect acoustic privacy of residents in apartments and in private open spaces

Acoustic privacy is maintained through use of fencing and appropriate building materials

Yes

Daylight Access

-Min 70% of units receive min 3 hours of solar access for dense urban environment

 

-Max 10% units southerly aspect

-73% of units received min 3 hours solar access

 

 

-7% (1 unit) has southerly aspect

Yes

Natural Ventilation

-60% of residential units should be naturally cross ventilated.

 

-25% of kitchens should have access to natural ventilation.

-93% of units are naturally cross ventilated

 

 

-100% of kitchens have natural ventilation

Yes

Facades

Facades must define and enhance the public domain and desired street character

Façade of development is appropriate

Yes

Roof design

Provide quality roof designs which contribute to the overall design

Roof design is appropriate and integrated with design of the development

Yes

Energy efficiency

Reduce reliance on artificial heating and cooling

Development achieves target scores required by BASIX requirements

Yes

Maintenance

Supply waste management plans as part of the development application

Waste management plans submitted with the application is appropriate

Yes

Water conservation

Encourage use of rainwater tanks, use AAA rated appliances and store rainwater on site

 Water conservation as per BASIX Certificate

Yes

 

Advice from the Design Review Panel

This section outlines the advice provided by the Design Review Panel (DRP) and the author’s (DAO) comments.

 

PRINCIPLE 1 - CONTEXT

DRP advice:The application drawings do not provide information to indicate how the proposal responds to the existing context, represented by single dwellings on single allotments and the likely future character in an area undergoing transformation due to the current zoning.  Drawing DA-08 shows a cross section including the rear of apartments at 37-41 Gover Street (by the same architect) but with no indication of the location of balconies open space use or windows, making it difficult to assess whether the proposed partial screening to upper floor balconies, 5m from the boundary, will be effective.

 

The Panel strongly advocates retention of the street tree, which the driveway of the proposed plan seeks to remove. Mr Khoury advised that he has an alternative scheme retaining the tree. 

 

Allocation of communal open space to narrow side setback zones is problematical in terms of privacy impacts on the single dwelling house to the east and the likely layout of a residential flat development on this site in future.  The poor quality of the communal open space is an outcome of the building zone defined by the setback controls being wholly taken up by the building footprint instead of site planning aimed to achieve an appropriate balance of functional open space against building site cover.”

 

DAO’s comment: The applicant has amended the development to retain the existing street tree. This has been achieved by redesigning the driveway crossing. The development has also been amended to provide a larger communal area in the north east corner of the site. This area now includes an open space area and a BBQ area which is accessible from the building or from the street.

 

In terms of the relationship of the proposed development with the adjoining site to the rear at 37-41 Gover Street, the applicant has provided elevations to show the separation between the proposed buildings which is consistent with the requirements of SEPP 65.

 

PRINCIPLE 2 - SCALE

DRP advice:The three (3) storey scale is mediated by the side and rear setbacks of the upper floor, and articulation of the side elevations expressing the east west circulation corridor.”

 

DAO’s comment: No change required to the development as a result of these comments. The DRP was satisfied with the scale of the development.

 

PRINCIPLE 3 – BUILT FORM

DRP advice:In the short term the built form will create an uncharacteristic streetscape element due to the strong horizontal emphasis of the street presentation, ameliorated by the vertical expression at and above the front entrance. As more medium density development occurs in the area this will not be evident.”

 

DAO’s comment: No change required to the development as a result of these comments. The DRP was satisfied with the built form of the development.

 

PRINCIPLE 4 – DENSITY

DRP advice:Satisfactory.”

 

DAO’s comment: No comment required.

 

PRINCIPLE 5 – RESOURCE, ENERGY AND WATER EFFICIENCY

DRP advice:Subject to BASIX.”

 

DAO’s comment: A BASIX Certificate accompanies the application which shows that the development meets the target scores.

 

PRINCIPLE 6 – LANDSCAPE

DRP advice:The landscape treatment as depicted in the colour perspectives is unsatisfactory because the building will be too dominant in a street characterized by mature trees in the street and in front gardens.  These perspectives do not reflect the landscape plan, which shows two new street trees, an Angophora in the south west corner of the site and Camellias to a mature height of 3 metres. 

 

Retention of the existing street tree is essential to maintaining the streetscape character. The amended driveway layout should be accompanied by an aborist’s report detailing measures to protect the root zones and the canopy.

 

The communal open space areas are in the residual spaces within the side setbacks with poor access, requiring travel by flights of steps. There is potential for privacy conflicts due to the location of communal open space relative to private open space.

 

The Panel recommends reconfiguration of the building footprint in the north east corner of the site to achieve more functional communal open space. Communal open space in this location would be adjacent to communal open space in the proposed development to the north. The Panel acknowledges that, although there may be a consequent small reduction of yield, all aspects of the guidelines of the RFDC should be taken into account to provide an acceptable level of residents’ amenity.

 

The Panel queried the utility of the proposed buffer zone to the rear boundary with regard to inefficient allocation of private courtyard space and likely maintenance issues. It is recommended this be modified to incorporate large scaled planting and shrubs to improve privacy and outlook.”

 

DAO’s comment: The applicant has acknowledged the comments of the DRP and has addressed the above issues as follows:

§ The colour perspectives have been amended to show the retention of the street tree. The driveway has been redesigned to accommodate the tree which has been done without affecting the design façade of the development.

§ The applicant has submitted an arborist’s report which provides recommendations for the protection and retention of the street tree. These recommendations can be adopted, should development consent be granted.

§ The communal open space located in the north east corner of the site has been expanded to include a BBQ area in addition to a seating area and a landscape open space area. This was done by reducing the floor area of Unit 5. It is considered that this communal area is now functional and provides an appropriate outdoor area for the residents.

 

PRINCIPLE 7– AMENITY

DRP advice:Subject to the above and below comments amenity is generally satisfactory. The Panel queried the “snorkel” bedrooms in some apartments and recommended the floor plan of apartment 12 be reconsidered as the amenity of the second “long snorkel” bedroom would be poor.

 

Allocation of basement storage is good.  However the RFDC guidelines require 50% of storage to be within each apartment. Apartments 5, 9, 10, 14 and 15 have no storage.

 

Study desks in are poorly located and impractical in entry foyers and corridors in apartments 2, 3, 4, 5, 7, 8, 9, 10 and 11. 

 

Turning space to the bathroom in adaptable apartment 6 should be checked and door nib dimensions in both adaptable apartments should be checked for compliance with AS 1428.1 and AS 4299.  There appears to be insufficient space in the living/dining area of apartment 6 to allow a 1500mm space at the kitchen bench. .

 

Natural light and ventilation should be provided to the top floor internal service rooms by way of roof lights/vents.

 

The assertion in the applicant’s SEPP 65 Statement that the “…proposal achieves 3 hours (minimum) solar access to primary living spaces of 75% of the Residential Flats, which is compliant with the Residential Flat Design Code…” cannot be accepted. The north facing units would receive excellent solar access. On the other hand, whilst the south facing corner units would receive morning or afternoon sunlight on their eastern or western windows, this would be short the 3 hours recommended.  The design could nevertheless be accepted provided that at least a communal area is provided with access to good winter sunlight (see comments under Landscape and Social Dimensions).”

 

DAO’s comment: The applicant has amended the plans to address the issues raised above. This has included the redesign of bedrooms, the relocation of study desks, the redesign of Unit 6, and the provision of tubular skylights to the top floor service rooms.

 

PRINCIPLE 8 – SAFETY AND SECURITY

DRP advice:Satisfactory.”

 

DAO’s comment: No response required.

 

PRINCIPLE 9 - SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY

DRP advice:Satisfactory except for the poor location and quality of communal open space. If the space where indicated on the north eastern corner were to be expanded, made easily accessible, and provided with basic facilities this issue could potentially be resolved.”

 

DAO’s comment: This issue has been addressed with the expansion of the communal open space in the north east corner of the site.

 

PRINCIPLE 10 - AESTHETICS

DRP advice:Generally satisfactory.”

 

DA’s comment: No response required.

 

In summary, the amended plans have overcome the initial issues raised by the Design Review Panel and the proposal is now considered to comply with the objectives of SEPP65.

 

2.      Draft Environmental Planning Instruments

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

 

Any other matters prescribed by the Regulations

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

 

Demolition

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

 

3.      Development Control Plans

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

 

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

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

 

Section 3.1 – Car Parking

Standard

Proposal

Complies

3.1.4.1 - Resident parking

1 or 2 bedroom – 1 space (12 units proposed) = 12

3 or more bedroom – 2 spaces (3 units proposed) = 6

 

Total required = 18 spaces

18

Yes

3.1.4.1 -Visitor parking (4 or more dwellings)

1 space per 4 dwellings or part thereof (15 units proposed) = 4

 

4

Yes

3.1.4.2 –Dimension of car spaces, car parking layout, circulation, egress and egress

Compliance with AS2890.1 2004 and AS2890.2

 

Complies. Traffic and Parking Assessment Report (prepared by Varga Traffic Planning P/L (dated 15 Nov 2013, Ref 13534) submitted with the application confirms that the development complies with the Australian Standards

Yes

3.1.4.3 – Stencilling of driveways

Finished with plain concrete

To be provided as plain concrete

Yes subject to condition of consent

3.1.4.4 – Ramps transitions, driveways

Ramp grades to comply with AS2890.2 2004, Part 2

 

Longitudinal section 1:20 to be provided with development application

Complies

Yes

3.1.4.5- Basement car parking

- Underground parking to be located under building footprint

- Minimise visual impact on street

-Mechanical ventilation and exhaust shafts to be illustrated in plans

Complies

Yes

3.1.4.6 – Parking for people with a disability

Compliance with AS1428 – Design for access and mobility and AS2890.6

Complies

Yes

3.1.4.4 - Car washing area

1 space (which can be a visitor space)

Not shown on plans but can be a visitor space

Yes, subject to condition of consent

 

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

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

 

Section 3.3 – Access & Mobility

Standard

Proposal

Complies

Adaptable dwellings

1 adaptable dwelling/10 dwellings or part there of (min) = 2

 

Adaptable dwelling complies with AS4299

2

Yes

Access requirements

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

Can comply with Australian Standards

Yes

Accessible car space

1 space per adaptable dwelling

 

Layout complies with Australian Standard

1 space per adaptable dwelling provided

Yes

 

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

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

 

Section 3.4

Standard

Proposal

Complies

Site and building Layout

-Provide surveillance opportunities

-Building addresses street

--Habitable rooms are directed towards the front of the building

-Garages are not dominant

-Offset windows

The proposed development provides appropriate opportunities for surveillance of the subject site and addresses the street

Yes

Building Identification

-Clearly numbered buildings

-Entrances numbered

-Unit numbers provided at entry

The building and units within can be appropriately numbered

Yes

Entrances

Clearly visible and not confusing

The entrance to the building is clearly visible and located on the front elevation of the development

Yes

Fencing

Allows natural surveillance to street

Proposed fencing is appropriate

Yes

Blind Corners

To be avoided

No bind corners evident

Yes

Communal Areas

Provide opportunities for natural surveillance

The communal areas proposed provide opportunities for natural surveillance

Yes

Landscaping

-Avoid dense medium height shrubs

-Allow spacing for low growing dense vegetation

-Low ground cover or high canopy trees around car parks and pathways

-Vegetation used as a barrier for unauthorised access

Landscaping proposed as per the landscape plan is appropriate

Yes

Lighting

-Diffused/movement sensitive lighting provided externally

-Access/egress points illuminated

-No light-spill towards neighbours

-Hiding places illuminated

-Lighting is energy efficient

Can be provided in the development

Yes

Security

Provide an appropriate level of security for each dwelling, communal areas and car park

Appropriate security has been provided

Yes

Car parks

Access to lifts and stairwells to be clearly defined

Access to the car parking area is clearly defined

Yes

Ownership

Use of fencing, landscaping, colour and finishes to imply ownership

Ownership is implied through the design of the development

Yes

Building maintenance

Use materials that can be easily cleaned or use anti-graffiti paint

 

Proposed external materials and finishes are appropriate

Yes

 

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

A valid BASIX Certificate has been submitted with the application and the BASIX Commitments have been detailed in the design of the proposal.

 

In terms of solar access, the proposed development will result in the private open space area and the windows of the adjoining developments receiving in excess of 3 hours solar access between 9am and 3pm on 21 June.

 

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

The subject site is affected by flooding and the applicant has submitted a Flood Study Report (prepared by Kozarovski and Partners, amended 18 February 2014) which provides an analysis of the flood affectation and the recommendations to be adopted by the development to address the flood affectation.

 

In consultation with Council’s Development Engineer, the development has been amended to address the recommendations and provide an appropriate design solution to address the flooding. As such Council’s Development Engineer has raised no objection to the development subject to conditions of consent being attached to any consent granted.

 

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

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

 

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

The subject site has trees that are not the subject of the Tree Preservation Order. Two (2) other trees located on the site can be removed as no objection is raised by Council’s Tree Management Officer. One (1) street tree located at the front of the site is to be retained and protected during any construction work. The landscape plan submitted with the application has been prepared by a qualified landscape architect and shows that new planting to the site will include trees, shrubs and ground cover which will improve the current site conditions.

 

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

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

 

Section 4.3

Standard

Proposal

Complies

Minimum Street Frontage

24m

33.63m

Yes

Residential density (Floor Space Ratio)

As per Hurstville LEP 2012 = 1:1 max

1:1

Yes

Landscaped Area

20%

 

29.5%

Yes

Maximum Building Height

As per Hurstville LEP 2012

(12 metres)

12m maximum

Yes

Front Site Height Maximum

12m

12m maximum

Yes

Rear Site Height Maximum

12m

12m maximum

Yes

Number of habitable storeys at front of site

3 storeys

3 storeys

Yes(1)

Number of habitable storeys at rear of site

3 storeys

3 storeys

Yes(1)

Minimum Private Open Space Area

 

 

 

Ground floor level

Must not be located forward of the building line

 

<3bedrooms – 50sqm

Min dimension – 3m

 

3 or more beds - 60sqm

Min dimension - 3m

 

Upper levels

< 3 Bedroom – 12sqm

3 bed or more – 12sqm

Min width - 2.5m

Direct access from living room

All units have private open space area in accordance with the requirements

Yes (2)

Minimum Principal Private Open Space Area

 

 

Ground floor

< 3 bedrooms – 4m x 4m

1:20 (max)

 

3 or more beds -4m x 6m

1:20 (max)

 

Upper levels

< 3 Bedroom – 12sqm

3 bed or more – 12sqm

All units have a private open space which meets the requirements

Yes

Landscape Plan

Landscape Plan to be submitted with the DA

Landscape plan submitted with the application has been prepared by a qualified landscape architect and is satisfactory

Yes

Front Boundary Setbacks

Minimum 6m, balconies can project 1m

6m with balconies projecting maximum 1m

Yes

Rear Boundary Setbacks

Minimum 6m, balconies can project 1m

6m with balconies projecting maximum 1m

Yes

Minimum Side Boundary Setbacks

 

As per building envelope

Complies with building envelope except for part of rear portion of the development

No (3)

Maximum excavation of natural ground level

500mm

Excavation proposed for basement level only. Natural ground level around the building will remain as existing

Yes

Driveways, access lanes and car parking

If street frontage is 20m or less – Must not occupy more than 40% of the frontage

 

>20m – Must not occupy more than 33%

Driveway is <33% of the frontage

Yes

Garages and car ports

Garages must not visually dominate the street facade

Garages do not visually dominate the street facade

Yes

Basement parking

Basement cannot extend more than 1m above natural ground level

Basement level extends more than 1m above natural ground level

No (4)

Visual Privacy

Habitable windows within 9m to be offset 1m or screened

Complies

Yes

Solar Design & Energy Efficiency

3hrs of sunlight upon the open space areas of adjacent dwellings between 9am-3pm on 21 June

More than 3 hours sunlight to adjacent dwellings

Yes

Fences at the front boundary

Fences facing the street – Max 1m in height

 

If Private Open Space has a common boundary to public space, height may be increased to 1.8m (must be 50% of fence to be open)

A front fence is not proposed on the front boundary

N/A

Site Services

Site must be serviced by standard utilities

Appropriate utilities can be provided

Yes

Storage

6 cubic metres per dwelling

>6 cubic metres provided per dwelling

Yes

 

(1) Number of storeys, (3) Minimum side boundary setbacks and (4) Basement parking

Hurstville Local Environmental Plan 2012 defines a storey as:

"storey" means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:

(a) a space that contains only a lift shaft, stairway or meter room, or

(b) a mezzanine, or

(c) an attic.”

 

The subject site is affect by flooding and requires an overland flow path to be provided. Due to this affectation, the proposed development is required to have a finished floor level of RL33.7 for the front portion of the development. To achieve this level the finished floor level has been elevated which results in the basement level of the development being, at worst, approximately 2m above the ground level.

 

This primarily affects the western elevation of the development where the existing ground level is at its lowest. It is noted that the existing ground level around the perimeter of the development will remain as is with no excavation or fill proposed. Due to the basement level being above ground level, it is defined as a storey, which results in the development being four (4) storeys. However only three (3) of these storeys are habitable complying with Clause 4.3.2.3(v) of Development Control Plan No. 1.

 

The finished floor level of the development has also resulted in the development not complying with the building envelope for the rear portion of the site primarily on the western elevation.

 

The applicant has provided justification for the proposed variation as detailed in the Statement of Environmental Effects prepared by Planning Ingenuity (dated 19 November 2013) as follows:

“The controls contained in Hurstville DCP No.1 with respect to number of storeys, building envelope and basement height are as follows:

·    4.3.2.3 (i) Building envelope – The purpose of building envelopes is to ensure adequate boundary setbacks and to minimise building heights so that objectives related to privacy, overshadowing, landscaping and streetscape can be achieved;

·    4.3.2.3 (v) Maximum building height of 12m and three storeys;

·    4.3.2.4 Building height and form – building envelopes for residential flat buildings are defined at 45 degrees from a height of 1.5m above natural ground level at the site boundaries;

·    4.3.2.6 (iii) Car Parking and Access – No part of a basement should extend more than 1m above natural ground level.

 

The proposal does not comply with the building envelope parameters due to the slope of the site although it complies in full with building height and boundary setbacks resulting in no unreasonable detrimental impacts to privacy, overshadowing, landscaping and streetscape (as discussed elsewhere in this report).

 

The building is less than the maximum height limit of 12m but exceeds three storeys through the central section of the building, as indicated on the submitted architectural plans.

 

The design of the building is constrained by the minimum floor levels prescribed by the flood study submitted with the application.  The flood study identifies the 1 in 100 year Average Recurrence Interval (ARI) Flood level to be RL33 AHD.  The flood study also sets the following levels for the design of any future building on the site:

·    a threshold at the driveway of RL33.69 to prevent flooding of the basement; and

·    minimum floor level 500mm above the flood level which is equivalent to RL33.5.

 

The proposal has been designed to comply with these parameters. The driveway threshold combined with the maximum driveway grades specified in the relevant Australian Standards results in the basement having an absolute minimum floor level of RL29.25. This is achieved by locating the driveway crossing on the higher side of the frontage, grading the internal vehicle access aisle at 1 in 20 and minimising the floor to ceiling clearance in the basement at 2.6m at the northern most edge. Excavation has been maximised at the front of the site such that the floor to ceiling height within the basement is 3.33m and the building has a three storey appearance as viewed from Lawrence Street. Therefore particular attention has been paid to the design of the basement to ensure it is as low as all relevant design parameters allow.

 

Similarly, the floor level of Units 1 and 2, the common entry lobby and the ground floor internal corridor are set at the minimum floor height of RL33.55. The provision of courtyard areas and planter beds within the front setback effectively screens the basement level across the front façade to ensure the street elevation appears as three storeys.

 

The design takes advantage of the downward slope towards the rear of the site to lower the basement and lower the residential levels above as far as practical to achieve a building which is also compliant with boundary setbacks. At the ground floor level the units at the rear step down 1.4m relative to the common corridor to reduce the overall building height towards the rear of the site.

 

To further reduce the overall external dimensions of the building, a flat roof is proposed and the uppermost storey has been setback 3m from the western and eastern facades of the levels below.

 

The overall building height complies with the maximum 12m height limit despite the basement ceiling height exceeding natural ground level by a maximum of 2.6m along the western façade in the centre of the building.

 

The points at which the building height exceeds three storeys are close to the public laneway which adjoins the western side boundary.  The additional space created by the public laneway allows for retention of the existing mature tree on the western boundary and for new deep soil planting of canopy trees such as Elaeocarpus reticulatus (Blueberry Ash) and Angophora floribunda (Rough-barked Apple) both of which are likely to attain a mature height of 15m. These canopy trees will further reduce the visual impact of the overall building height.

 

The public laneway also increases the separation to the neighbouring property to the west which reduces the potential impacts of overshadowing and increases separation for aural and visual privacy.

 

Overall significant effort has been made to minimise the floor levels of the basement and the ground floor level within the required parameters. The non-compliance relates to sections of the building on the western side which benefits from additional separation to the neighbouring property created by the adjoining public lane. The overall building height complies with the 12m maximum required by the LEP and variations to the DCP provisions for number of storeys and the height of the basement are considered reasonable in the circumstances.

 

In addition it is noted that the LEP standard for building height control is to be given determinative weight in assessment over the building height controls in DCP No.1.”

 

The variation to the number of storeys and basement height is considered acceptable for the following reasons:

§   The site is affected by flooding and an overland flow path is required to be provided. This has dictated the finished floor level that can be provided to the development. As such the finished floor level has necessitated that the basement protrude more than 1m above ground level. Notwithstanding this, the proposed development maintains a maximum height of 12m as required by the development standards.

§   The four (4) storey part of the development primarily relates to the western portion of the site. This part of the site adjoins the existing pedestrian path which is 3.66m wide and as such an additional spatial separation is provided to the adjoining site. This elevation of the development will be landscaped with trees and planting which will provide additional privacy to the proposed development and the adjoining dwelling.

§   The encroachment into the building envelope occurs primarily for the western portion of the site where the existing ground level is at its lowest. On the eastern elevation the encroachment relates to the nib of the balustrade to the second floor balcony of the rear most unit. The encroachment is considered to be negligible and does not result in any additional impacts on adjoining developments in terms of privacy and solar access. On the western elevation, the encroachment relates to the balcony balustrade of two (2) units for a length of approximately 3m and a separate length of approximately 8m.  The encroachment into the building envelope is not considered to result in additional solar access or privacy impacts. Privacy screens should be provided to the side elevations of the second floor balconies due to their location on the side elevations. These privacy screens should be required irrespective of whether the development complies with the building envelope. This elevation adjoins the pedestrian path and as such additional spatial separation is provided to the adjoining site.

 

(2) Minimum private open space

Development Control Plan No 1 requires that ground floor units have a private open space area on ground level that is conveniently accessible. Units 1 and 2 in the development are located at the front of the site facing Lawrence Street. Unit 1 is an accessible unit which has to provide disabled access to the private open space area. Unit 2 is located on the south west corner of the development where access to the ground level is more than 1m below. As such, provision of this area as a private open space area is not convenient or easily accessible. Units 1 and 2 are therefore provided with a balcony area which complies with Development Control Plan No 1.

 

4.      Impacts

 

Natural Environment

The subject site has trees that are not the subject of the Tree Preservation Order. Two (2) other trees located on the site can be removed as no objection is raised by Council’s Tree Management Officer. One (1) street tree located at the front of the site is to be retained and protected during any construction work. The landscape plan submitted with the application has been prepared by a qualified landscape architect and shows that new planting to the site will include trees, shrubs and ground cover which will improve the current site conditions.

 

Built Environment

The application is unlikely to have an adverse impact on the built environment. The proposed development complies with the requirements of Development Control Plan No 1 except in the height of the basement, number of storeys, and building envelope for one (1) portion. These variations are directly related to the site being affected by flooding which requires the development to have a finished floor level above the existing ground level. As such the development has been elevated above ground level for portions of the development. The variations proposed do not result in any additional impacts to adjoining developments in terms of solar access and impacts.

 

In terms of traffic generation, the applicant has submitted a Traffic and Parking Assessment Report (prepared by Varga Traffic Planning Pty Ltd (dated 15 November 2013, Ref 13534) which concludes that the proposed development will not have adverse impacts on the road network. Council’s Senior Traffic Engineer has also provided the following comments:

 

Traffic Comments

i. Existing Traffic Environment

Lawrence Street is 890m long, 15.4m wide road reserve (approx. 7.4m carriageway), local road extending from Jacques Avenue to Pearce Avenue, Peakhurst and performs a local residential road function with Council’s road hierarchy. The road services Zone R3 residential zoned land. The northern side of Lawrence Street is provided with 90 degree angled parking.

 

There are Stop restrictions for traffic on both approaches of Lawrence Street at the intersection of Trafalgar Street and Lawrence Street. The posted speed limit for Lawrence Street is 50km/h.

 

Recent traffic counts undertaken by Council in September 2013 found:

·    The 85th percentile speed of the traffic on both directions to have a combined average of 51km/h

·    The Average Annual Daily Traffic for the five days in both directions combined is 442 vehicles per day

 

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

 

ii. Proposed Development - Traffic Generation

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

 

Dwelling houses = 0.85phvt per dwelling

Medium Density residential flat buildings = 0.4-0.5 phvt

(up to two bedroom)

Medium density residential flat buildings = 0.5-0.65 phvt

(three of more bedrooms)

 

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

 

Number of Beds

Generation Rate (Max.)

Peak Hour Vehicle Trips (phvt)

4x1 bed

0.5

2

8x2 Bed

0.5

4

3x3 Bed

0.65

1.95

TOTAL

7.95

 

Deducting the traffic generated by two existing free standing dwellings (1.7phvt) results in an overall increase arising from the development of 6.25 phvt (round up figure).

 

iii. Cumulative Impact in Locality

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

 

Traffic Movements

Environmental Capacity RMS

(Max peak hour volume)

Existing Traffic Volumes

(phvt)

Proposed Increase

(phvt)

% Increase

Remaining

Environmental Capacity

Lawrence Street

200

38

6.25

16.4%

81.6%

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

 

iv. Need for Traffic Improvements in the Locality

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

 

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

Access onto Forest Road (State Road) is via traffic controlled intersections at Belmore Road and Jacques Avenue. Access is also available to Forest Road from Pearce Avenue via unconstrained turning movements. The intersection of Jacques Avenue and Belmore Road provides a sign posted roundabout and does not warrant improvements arising from the impact of this development.

 

vi. Sight distance and other safety issues

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

 

vii. On Street Parking in Locality

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

 

Social Impact

The proposed development is unlikely to have an adverse social impact.

 

Economic Impact

The proposed development is unlikely to have an adverse economic impact.

 

Suitability of the Site

The subject site is suitable for the proposed development. The site is subject to flooding and this has been addressed in the design of the development. Although the flood affectation to the site has resulted in the finished floor level of the development being elevated for parts of the development, this does not result in any additional impacts to adjoining development in terms of privacy and solar access.

 

5.      REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

The application was notified/advertised to twenty two (22) resident/owners and seventeen (17) submissions objecting to the development were received in reply. The issues raised in the submissions are summarised as follows.

 

Loss of privacy

Loss of privacy, overlooking

 

Comment: The proposed development is unlikely to result in privacy impacts. The applicant has addressed potential privacy impacts through the provision of louvred privacy screens and high sill windows. This reduces potential privacy impacts to adjoining developments. The proposed development complies with the separation distances recommended under SEPP 65 and meets the setback and building envelope requirements of Development Control Plan No 1. Although there is some encroachment into the building envelope this is from the roof and a corner of a balcony. These encroachments do not exacerbate privacy impacts as the balconies and external walls of the building sit within the building envelope. Notwithstanding this, it is recommended that any consent granted, should require the provision of additional privacy screens to the balustrade of the second floor balconies located on the side elevations of the development. This will provide additional privacy to adjoining developments.

 

Solar access

Loss of solar access, overshadowing

 

Comment: The proposed development complies with the solar access requirements of SEPP 65 and Development Control Plan No 1.

 

Overdevelopment

Overdevelopment, excessive bulk and scale

 

Comment: The proposed development is one (1) of several residential flat buildings proposed following the introduction of the Zone R3 - Medium Density Residential to this part of Peakhurst. As such many submissions to the development have been received from residents objecting to the development and the potential future redevelopment of the area. These objections are considered to be valid in that residents are concerned about the development of the area and the future impacts residential flat buildings will have in an area which up to now has been characterised by low density one (1) and two (2) storey developments.

 

Notwithstanding this, the proposed development is permitted in the zone and the bulk and scale of the development complies with Council’s requirements. The existing area is characterised by one (1) and two (2) storey developments and although the proposed development will consist of three (3) habitable storeys in height it is considered that is provides an appropriate response to the streetscape and is consistent with the future desired character of the area.

 

Loss of trees

Loss of trees and vegetation

 

Comment: The trees located on the site are not subject to Council’s Tree Preservation Order and can be removed. The street tree located at the front of the site will be retained and protected. Council’s Tree Management Officer has raised no objection to the removal of the trees on site. The landscape plan submitted with the application shows that numerous trees, shrubs and ground covers will be provided to the site which will compensate for the removal of the trees from the site. It is considered that the proposed landscaping to the site will be an improvement to the existing conditions which provide little landscaping and vegetation.

 

Noise

Noise

 

Comment: Although the proposed development will result in additional dwellings to the site it is considered that the increase in noise generated by residents and vehicular movements will not be significant as to create adverse impacts on surrounding developments. The development has one (1) vehicular entry point which faces Lawrence Street. This reduces the noise generated by vehicles at the entry point. Other noise sources such as balconies are orientated away from side elevations/boundaries so that impacts to adjoining development is minimised.

 

Pedestrian and vehicle access and parking

Inadequate pedestrian or vehicle access and parking

 

Comment: The proposed development provides appropriate pedestrian and vehicular access in accordance with Council’s requirements and Australian Standards. The proposed development provides onsite car spaces in accordance with Council’s requirements.

 

Traffic generation

Traffic generation

 

Comment: The proposed development will increase traffic generation from that currently occurring from the site however, it is considered that this vehicular generation will not result in significant traffic impacts. The traffic counts undertaken by Council’s Traffic Section show that the existing road network can support the additional movements created by the proposed development and as such no objection is raised to the application from Council’s Senior Traffic Engineer.

 

In addition to this, the applicant has submitted a Traffic and Parking Assessment Report (prepared by Varga Traffic Planning Pty Ltd (dated 15 Nov 2013, Ref 13534)) which concludes that the proposed development will not have adverse impacts on the road network.

 

Non compliance with LEP or DCP

Non compliance with LEP or DCP

 

Comment: The proposed development complies with the relevant requirements as detailed in the report above. The variation sought to the height of the basement and the building envelope is considered acceptable as it has negligible impacts on adjoining developments. The variations are directly related to the flood affectation of the site which requires the finished floor level to be elevated above ground.

 

Stormwater drainage

Inadequate stormwater drainage, existing overland flow

 

Comment: Council’s Development Engineer has liaised with the applicant’s hydraulic engineer regarding the flood affectation of the site and the required overland flow path. Council’s Development Engineer has advised that the development can provide appropriate stormwater disposal through the adjoining public pedestrian path subject to appropriate conditions of consent being provided to any consent granted.

 

Property value

The value of other properties in the street will be reduced.

 

Comment: The claim that property values will be reduced cannot be supported or refuted. However the subject zone applies to all properties in Lawrence Street which permits the same development potential.

 

Aesthetics and amenity

Detrimental impacts to aesthetics and amenity of local area

 

Comment: The proposed development is considered to be an appropriate design response to the requirements for residential flat buildings. The design of the development is consistent with the desired future character of the area. The proposed development meets the requirements of the relevant planning instruments and Development Control Plans as detailed in the report above. The development has been examined by the St George Design Review Panel who has not objected to the development subject to some design changes being undertaken. The applicant has undertaken these design changes which result in a better design outcome.

 

Dilapidation report

A dilapidation report is to be prepared for developments adjoining the site.

 

Comment: A condition of consent requires the applicant to prepare dilapidation reports pre and post construction to determine if any damage has occurred to adjoining developments as a result of the development.

 

Council Referrals

 

Team Leader Subdivision and Development

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

 

Development Engineer

Council’s Development Engineer has raised no objection to the application subject to conditions of consent being attached to any consent granted.

 

Tree Management Officer

Council’s Tree Management Officer has raised no objection to the application subject to the implementation of the landscape plan.

 

Senior Traffic Engineer

The comments provided by Council’s Senior Traffic Engineer have been discussed in the report above under the section entitled ‘Built Environment’.

 

External Referrals

 

Design Review Panel

The comments of the Design Review Panel have been discussed in the report above under the section entitled ‘State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development’.

 

6.      CONCLUSION

The application seeks permission to demolish the existing structures and construct a residential flat building with basement car parking area. The proposed development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and seeks variations to height of the basement and the building envelope. These variations are supported as detailed in the report.

 

Seventeen (17) submissions to the development have been received from residents objecting to the development and the potential future redevelopment of the area. The existing area is characterised by one (1) and two (2) storey developments and although the proposed development will be three (3) storeys in height it is considered that is provides an appropriate response to the streetscape and is consistent with the future desired character of the area. Accordingly, it is recommended that the application be approved 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 DA2013/0386 for the demolition of existing structures and construction of a residential flat building containing 4 x 1 bedroom, 8 x 2 bedroom, and 3 x 3 bedroom units with basement car parking on Lots 211 and 212 DP 36317 and known as 42 and 44 Lawrence Street Peakhurst, 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

Job No 2013-08, DA00, 02, 03, 04, 05, 06, 07, 08, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24

Received 19 Feb 14

Basement floor plan, First floor plan, Second floor plan, Roof plan, Elevations (2 sheets), Section AA, Solar and cross flow diagrams, Finished schedule (2 sheets), Adaptable unit layout, typical unit layouts, Units summary, Communal open space and deep soil landscaped areas, Shadow diagrams (6 sheets), Floor area calculation

B

George El Khouri Architects

Job No 2013-08

7 Mar 14

Site/ground floor plan

C

George El Khouri Architects

-

Received 19 Feb 14

Artists impression (3 sheets)

 

George El Khouri Architects

Drawing No 13-2747 L01

10 Oct 13

Landscape plan

E

Zenith Landscape Designs

Reference No 203966

11 Sep 13

Plan of levels and details

-

W Buxton Pty Ltd

-

20 Nov 13

Waste management plan

-

George El Khouri Architects

 

2.         GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

          (a)       Fees to be paid to Council:

 

Schedule of fees, bonds and contributions

Fee Type

Paid

Amount

Receipt Date

Receipt No

Development Application Fee

X

$3,487.00

20 Nov 13

2010687

Plan First Fee

X

$1,849.60

20 Nov 13

2010687

Notification Fee

X

$226.00

20 Nov 13

2010687

DA Advertising Fee

X

$1,105.00

20 Nov 13

2010687

DRP Fee

X

$1,242.00

20 Nov 13

2010687

Company Search Fee

X

$20.00

20 Nov 13

2010687

Long Service Levy

 

$10,115.00

 

 

Builders Damage Deposit

 

$48,000.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$260.00

 

 

S94 Residential (Community Facilities)

 

$20,642.39

 

 

S94 Residential (Open Space, Recreation, Public Domain)

 

$145,954.88

 

 

 

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

 

PCA Services Fee

 

$3,356.25

 

 

Construction Certificate Application Fee

 

$3,356.25

 

 

Construction Certificate Imaging Fee

 

$229.00

 

 

 

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

 

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

a. Amount of Contribution

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

 

Contribution Category                                                                     Amount   

Community Facilities                                                                           $20,642.39

Open Space, Recreation and Public Domain Facilities                  $145,954.88

 

Total:                                                                                                     $166,597.27

 

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 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, and Hurstville) or viewed on Council’s website

 

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

 

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

(a)  Damage deposit value = $1,200 per metre of street frontage property (e.g. For 40m of street frontage, the total damage deposit value should be $48,000.00)

(b)  Inspection value = $260.00 - Minimum of two (2) inspections required ($130.00 per inspection)

(c)   At the completion of work Council will:

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

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

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

(iv)       inspect the public works.

 

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

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

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

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

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

 

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

 

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

 

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

(a)     Placing or storing materials or equipment;

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

(c)     Erecting a structure or carrying out work

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

(e)     Pumping concrete from a public road;

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

(g)     Constructing a vehicular crossing or footpath;

(h)     Establishing a “works zone”;

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

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

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

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

 

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

 

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

 

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

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

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

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

 

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

 

To apply for approval:

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

(b) In the Application Form, quote the Development Consent No. (eg. 2013/DA-0386) and reference this condition number (e.g. Condition 23)

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

10.       APR7003 - Building - Below ground anchors - Information to be submitted with Section 68 Application under LGA 1993 and Section 138 Application under Roads Act 1993 - In the event that the excavation associated with the basement car park is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways, an application must be lodged with Council under Section 68 of the Local Government Act 1993 and the Roads Act 1993 for approval, prior to commencement of those works. In this regard the following matters are noted for your attention and details must be submitted accordingly:

 

(a) Cable anchors must be stressed released when the building extends above ground level to the satisfaction of Council.

(b) The applicant must indemnify Council from all public liability claims arising from the proposed works, and provide adequate insurance cover to the satisfaction of Council.

(c)   Documentary evidence of such insurance cover to the value of ten (10) million dollars must be submitted to Council prior to commencement of the excavation work.

 

(d)  The applicant must register a non-terminating bank guarantee in favour of Council. Non-terminating bank guarantee value = $1,000 per metre of street frontage property (e.g. For 40m of street frontage, the total damage deposit value should be $40,000.00)

 

The guarantee will be released when the cables are stress released. In this regard it will be necessary for a certificate to be submitted to Council from a structural engineer at that time verifying that the cables have been stress released.

 

(e) In the event of any works taking place on Council’s roadways/footways adjoining the property while the anchors are still stressed, all costs associated with overcoming the difficulties caused by the presence of the ‘live’ anchors must be borne by the applicant.

 

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.

 

11.       GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Coordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

 

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

 

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

 

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

 

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.

 

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

 

All stormwater shall drain by gravity to the upper level of a junction pit to be constructed over Council’s stormwater pipeline* located in the public pathway on the western side of the development in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

A Hydraulic Grade Line Analysis is to accompany the stormwater plan.

 

The design of this proposed on site 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.

 

*Council’s pipeline is to be upgraded (see conditions APR6001 and CC3018) at full cost to the developer.

 

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

 

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

 

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

 

15.       CC3003 - Development Engineering - Stormwater - Protection of basement from inundation of stormwater waters - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

The construction of the building shall de designed to conform to the recommendations and conclusions of the Flood Study Report dated 18 February 2014 by Kozarovski and Partners for 42-44 Lawrence Street, Peakhurst in regards to the protection of the underground basement from any possible inundation of surface waters.

 

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

 

16.       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 Kozarovski and Partners dated 18 February 2014.

 

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

(a)        Minimum Finished Floor Level of RL33.70m AHD.

(b)        Fencing with flow-through provision for a minimum of 400mm above ground level, is to be installed for the full length of the western boundary, and for the width of the northern boundary that coincides with the communal open space area at the north western corner of the development.

(c)        Site regrading.

(d)        Any openings to the basement must be at least 500mm above the 100yr flood level.

(e)        Freeboard of 500mm is applicable on the western side of the building at the landing at the top of the stairs to the basement, this results in a finished level of RL31.3AHD (min.).

(f)         Protection of basement from inundation of surface waters by the incorporation of a hump in the driveway is to conform to design levels on Drawing C-2396-02 dated 18/2/2014 i.e. ranging from RL33.9AHD to RL33.72AHD.

(g)        Footing design is to take into consideration overland flow velocity during a 1:100yr ARI storm event.

(h)        The requirements of the respective Utility Authorities with regard to overland flow are to be adopted.

 

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

 

17.       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.

 

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

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

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

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

 

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

 

19.       CC3013 - Development Engineering - Stormwater Drainage Plan Details - Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a qualified practising Hydraulics Engineer shall be submitted with the application for the Construction Certificate.

 

These plans shall be prepared in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's requirements.

 

20.       CC3018 - Development Engineering - A stormwater drainage design is to be submitted, that includes a Hydraulic Grade Line Analysis, for the upgrade of Council’s drainage system between Lawrence Street and Gover Street - see condition APR6001.

 

This design is to be accompanied by an amended Flood Study Report that demonstrates a reduction in hazard level of overland flow to no greater than 0.4m2/sec. along the public pathway and adjacent private communal open space.

 

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

 

22.       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) Privacy screens are to be provided to the balustrades of the second floor balconies located on the side elevations. The privacy screens are to result in the balustrade being minimum 1.5m high and comprising of translucent glazing or louvres. If louvres are provided, they are to be fixed in a direction that does not allow downward viewing of adjoining developments. These design changes are to be incorporated into the plans submitted with the Construction Certificate Application.

 

23.       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)

(c)     all clean water run-off is diverted around cleared or exposed areas

(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.

 

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

·    location of protective site fencing;

·    location of site storage areas/sheds/equipment;

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

·    provisions for public safety;

·    dust control measures;

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

·    details of methods of disposal of demolition materials;

·    method used to provide protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/skip bins;

·    details of proposed sediment and erosion control measures;

·    method used to provide construction noise and vibration management;

·    construction traffic management details.

 

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

 

25.       CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 507401M dated 4 October 2013 approved with the Development Consent No. DA2013/0386, must be implemented on the plans lodged with the application for the Construction Certificate.

 

26.       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.

 

27.       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

 

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

(a) The street tree, Lophostemon confertus (Brush Box) located at the front of the site on the public nature strip. The tree is to be retained and protected as per the recommendations of the report prepared by Tree and landscape Consultants (dated 19 February 2014, Reference No 3274A).

 

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.

 

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

(a) Four (4) Bungalow Palms and two (2) Pittosporum

 

Eight (8) trees selected from the list of suitable species in the Hurstville City Council’s Tree Removal and Pruning Guidelines must be replanted within the front/rear yard of the subject site. Trees are to be replanted a minimum of 3m away from any driveway, building or structure.

 

The selected trees shall have a minimum pot size of 250mm and shown on the final landscape plan for the development. A copy of Hurstville Council’s Tree Removal and Pruning Guidelines, can be downloaded from Council’s website www.hurstville.nsw.gov.au/Tree-Management

 

30.       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).

 

31.       CC7004 - Building - Structural details - Structural plans, specifications and design statement prepared and endorsed by a suitably qualified practising structural engineer who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the Certifying Authority for any of the following, as required by the building design:

       (a)     piers

       (b)     footings

       (c)     slabs

       (d)     columns

       (e)     structural steel

       (f)      reinforced building elements

       (g)     swimming pool design

       (h)     retaining walls

       (i)      stabilizing works

       (j)      structural framework

 

32.       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.

 

33.       CC8002 - Waste - Waste Storage Containers - Home Units (Residential Flat Development) -

The following waste and recycling facilities will be required:-

Domestic Waste:- 8 x 240 litre Mobile Garbage Bins (MGB’s);

Domestic Recycling:- 8 x 240 litre MGB’s.

 

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

 

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

 

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

 

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

 

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

 

(c)   On-site guidance by a vibration specialist during the early part of excavation.

 

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

 

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

 

 

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

 

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

 

37.       CC7011 - Building - Slip Resistance - Commercial, Retail and Residential Developments - All pedestrian surfaces in areas such as foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in the wet rooms in any commercial/retail/residential units must have slip resistance classifications, as determined using test methods in either wet or dry conditions, appropriate to their gradient and exposure to wetting. The classifications of the new pedestrian surface materials, in wet or dry conditions, must comply with AS/NZS4586:2004 - Slip Resistance Classifications of New Pedestrian Materials and must be detailed on the plans lodged with the application for the Construction Certificate.

 

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

 

(a)  construction vehicle routes;

(b)  anticipated number of trucks per day;

(c)   hours of construction;

(d)  access arrangements; and

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

 

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

 

39.       CC6003 - Engineering - Council Property Shoring - Prior to the issue of the Construction Certificate, plans and specifications prepared by a qualified and practising structural engineer must detail how Council’s property shall be supported at all times. 

 

Where any shoring is to be supporting, or located on Council’s property, certified structural engineering drawings detailing; the extent of the encroachment, the type of shoring and the method of removal, shall be included on the plans.  Where the shoring cannot be removed, the plans must detail that the shoring will be cut to 150mm below footpath level and the gap between the shoring and any building shall be filled with a 5Mpa lean concrete mix.

 

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

 

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

 

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.

 

41.       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.

 

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

 

43.       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

 

44.       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.

 

45.       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 Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.

(f)         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.

(g)        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.

      

46.       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) Public infrastructure on Lawrence Street

 

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,

(c)       Photographs showing the existing condition of the footpath pavement fronting the site,

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

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

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

 

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

 

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

 

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.

 

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

 

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.

 

48.       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.

 

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

 

50.       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.

 

51.       CON8001 - Waste - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the Principal Certifying Authority and a copy provided to the Manager Environmental Services, Hurstville City Council.

 

52. 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.

 

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.

 

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

 

54.       OCC2004 - Development Assessment - BASIX Compliance Certificate - A Compliance Certificate must be provided to the Principal Certifying Authority regarding the implementation of all energy efficiency measures as detailed in the BASIX Certificate No. 507401M dated 4 October 2013, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

 

55.       OCC3002 - Development Engineering - Works as Executed and Certification of Stormwater works - Prior to the issue of an Occupation Certificate -

(i)      The upgrade of Council’s drainage system between Lawrence Street and Gover Street must be completed, in accordance with Council Approved Section 138 Drainage Plans and conditions of approval.

(ii)     The Principal Certifying Authority must ensure that the on-site stormwater drainage system has been constructed in accordance with the approved design and relevant Australian Standards.

(iii)    Works-as-executed drainage plans and certifications must be forwarded to the Principal Certifying Authority and Hurstville City Council, from a suitably qualified and experienced Hydraulic Engineer /Surveyor for both on-site and public pathway drainage works.

 

These Plans and Certifications shall confirm that the design and construction of the stormwater drainage system satisfy 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)

(c)     Volume of storage available in any detention areas;

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

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

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

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

 

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

 

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

(a) Residential dwellings: Eighteen (18) – (one (1) space per one (1) or two (2) bedroom unit and two (2) spaces per three (3) or more bedroom unit. One (1) accessible car space per adaptable/accessible unit)

(b) Residential visitors: Four (4)

(c)  Car wash bay: One (1) which can be a visitor’s space

 

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

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

61.       OCC2006 - Development Assessment - Post Construction Dilapidation report - Private Land - At the completion of the construction works, a suitably qualified person is to be engaged to prepare a post-construction dilapidation report.  This report is to ascertain whether the construction works associated with the subject development created any structural damage to the following adjoining premises:

(a) All properties with a common boundary to the subject site.

 

The report is to be prepared at the expense of the beneficiary of the consent and submitted to the Principal Certifying Authority (PCA) prior to the issue of the Occupation Certificate.  In ascertaining whether adverse structural damaged has occurred to the adjoining premises, the PCA, must compare the post construction dilapidation report with the pre-construction dilapidation report required by conditions in this consent.

 

Evidence confirming that a copy of the post construction dilapidation report was delivered to the adjoining properties subject of the dilapidation report must be provided to the PCA prior to the issue of the Occupation Certificate.

 

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

 

(a) Infrastructure on Lawrence Street.

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

 

The report must include the following:

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

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

(c)       Photographs showing the condition of the footway including footpath pavement fronting the site

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

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

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

 

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

 

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

 

63.       OCC7002 - Building - Slip Resistance    - Floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in wet rooms in any commercial/retail/residential units are to comply with the slip resistant requirements of AS1428.1 (general requirements for access/new building work) and AS1428.4 (tactile ground surface indicators) and AS2890.6 (off-street parking).  Materials must comply with testing requirements of AS/NZS4663:2002.

 

64.       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 road related area;

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

(c)   Removal of redundant driveways and vehicular crossings;

(d)  New footpaths within the road related area;

(e)  Relocation of existing power/light pole

(f)    Relocation/provision of street signs

(g)  New or replacement street trees;

(h)   New footway verges, where a grass verge exists, the balance of the area between the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street.

(i)    New or reinstated kerb and guttering within the road related area; and

(j)    New or reinstated road surface pavement within the road.

 

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.

 

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.

 

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

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

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

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

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

 

66.       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.

 

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

 

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

 

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

           

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

 

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

 

(a) Unit Numbering

Apartment type numbers shall be installed adjacent or to the front door of each unit. The unit number shall coincide with the strata plan lot numbering.

 

(b) Car Parking Space Marking and Numbering

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

 

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

 

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

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

 

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

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

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

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

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

 

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

 

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

 

(e)     On Site Detention Requirements

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

 

(f)      Creation of Positive Covenant

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

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

 

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

 

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

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

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

(c)  Any unit’s parking space or storage area is not strata subdivided as separate strata lot.

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

 

ADVICE

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

 

72.       ADV2002 - Development Assessment - Site Safety Fencing - Site fencing must be erected in accordance with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling.  The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

 

For more information visit www.workcover.nsw.gov.au

 

Schedule B – Prescribed Conditions

 

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

 

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

 

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

 

73.       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.

 

74.       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.

 

75.       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.

 

76.       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.

 

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

 

Schedule C – Operational & Statutory Conditions

 

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

 

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

 

78.       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.

 

79.       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.

 

80.       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.

 

81.       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.

 

82.       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.

 

83.       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.

 

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

 

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

 

An Occupation Certificate Application Form is attached for your convenience.

 

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

 

For video relating to 42 – 44 Lawrence Street Peakhurst, click here.

 

 

APPENDICES

Appendix View1

Location map of 42 and 44 Lawrence Street Peakhurst

Appendix View2

REVISED - Elevations - 42 and 44 Lawrence Street Peakhurst

Appendix View3

Photo Montage - 42 Lawrence Street Peakhurst

Appendix View4

Landscape plan - 42 and 44 Lawrence St Peakhurst

Appendix View5

Building envelope - 42 and 44 Lawrence St Peakhurst

Appendix 6

Company extract - applicant - 42-44 Lawrence Street Peakhurst (Confidential)

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL111-14             42 - 44 Lawrence Street Peakhurst - Demolition of existing structures and construction of a residential flat building containing 4 x 1 bedroom 8 x 2 bedroom and 3 x 3 bedroom units with basement car parking area

[Appendix 1]           Location map of 42 and 44 Lawrence Street Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL111-14             42 - 44 Lawrence Street Peakhurst - Demolition of existing structures and construction of a residential flat building containing 4 x 1 bedroom 8 x 2 bedroom and 3 x 3 bedroom units with basement car parking area

[Appendix 2]           REVISED - Elevations - 42 and 44 Lawrence Street Peakhurst


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL111-14             42 - 44 Lawrence Street Peakhurst - Demolition of existing structures and construction of a residential flat building containing 4 x 1 bedroom 8 x 2 bedroom and 3 x 3 bedroom units with basement car parking area

[Appendix 3]           Photo Montage - 42 Lawrence Street Peakhurst

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL111-14             42 - 44 Lawrence Street Peakhurst - Demolition of existing structures and construction of a residential flat building containing 4 x 1 bedroom 8 x 2 bedroom and 3 x 3 bedroom units with basement car parking area

[Appendix 4]           Landscape plan - 42 and 44 Lawrence St Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL111-14             42 - 44 Lawrence Street Peakhurst - Demolition of existing structures and construction of a residential flat building containing 4 x 1 bedroom 8 x 2 bedroom and 3 x 3 bedroom units with basement car parking area

[Appendix 5]           Building envelope - 42 and 44 Lawrence St Peakhurst


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL112-14        66 - 68 Lawrence Street Peakhurst - Demolition of existing structures and construction of a three storey residential flat building with basement car parking 

Applicant

William Karavelas

Proposal

Demolition of existing structures and construction of a three storey residential flat building containing 4 x 1 bedroom, 9 x 2 bedroom and 1 x 3 bedroom units with basement car parking for 19 cars

Owners

L Roach and E So

Report Author/s

Development Assessment Officer, Mr K Kim

File

DA2013/0346

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone R3 - Medium Density Residential

Existing Development

Single storey dwelling house with outbuildings on each lot

Cost of Development

$2,800,000.00

Reason for Referral to Council

Variation to DCP1 and thirteen (13) submissions received

Planning Instruments Applicable

Hurstville Local Environmental Plan 2012, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development, Development Control Plan No 1 – LGA Wide – Section 3.1 Car Parking, Section 3.3 Access and Mobility, Section 3.4 Crime Prevention through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On-Site Detention (OSD) Requirements, Section 3.8 Fences Adjacent to Public Roads, Section 3.9 Waste Management, Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environment Plan Interpretation of Use

Residential flat building and ancillary structures

EXECUTIVE SUMMARY

1.         The proposal seeks approval for the demolition of existing structures and construction of a residential flat building containing four (4) x one (1) bedroom, nine (9) x two (2) bedroom and one (1) x three (3) bedroom units with basement car parking for nineteen (19) cars on the subject site.

2.         The proposal seeks a variation to the building envelope control of Development Control Plan No 1, as the parapets and awnings of the upper levels of the building protrude outside the building envelope.

3.         The subject application was notified/advertised to twenty two (22) resident/owners and thirteen (13) submissions were received in relation to this application.

4.         The application was deferred at the Council meeting of 7 May 2014 for a site inspection. The inspection was held on 12 May 2014.

 

AUTHOR RECOMMENDATION

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

 

REPORT DETAIL

 

DESCRIPTION OF THE PROPOSAL

The proposal seeks approval for the demolition of existing structures and construction of a residential flat building containing four (4) x one (1) bedroom, nine (9) x two (2) bedroom and one (1) x three (3) bedroom units with basement car parking for nineteen (19) cars on the subject site. The proposed building is to be split-levelled at all floor levels, in response to the natural contours of the site, which slopes to the rear. In detail the proposed development consists of the following:

 

Basement level

·    Nineteen (19) residential car spaces, inclusive of two (2) accessible car spaces, four (4) visitor car spaces and two (2) stacked car spaces for the three (3) bedroom unit (Unit 14). Bicycle parking is available underside of the driveway ramp on the western side of the basement.

·    Common vertical circulation area, including the lift and stairs, in the centre of the basement. Bollards are provided in the periphery of this vertical circulation area.

·    Meters/cleaner’s room and fourteen (14) storage areas.

·    Security garage door at the end of the driveway ramp.

 

Ground floor level

·    Front porch/feature and entry foyer. A pedestrian ramp is proposed to the front of the building, in order to provide a continuous access path of travel from the street to the main entrance of the building.

·    One (1) x one (1) bedroom unit (accessible unit) and five (5) x two (2) bedrooms units (including two (2) x multi-levelled units to west).

·    Lift and stairs in the centre of the building.

·    Garbage storage area to the front of the building.

·    Communal open space areas to the front and rear of the building.

 

First floor level

·    One (1) x one (1) bedroom unit (accessible unit) and three (3) x two (2) bedroom units.

·    Two (2) multi-levelled units to the west of the building (Units 9 and 10) have a first floor balcony each, which acts as the private open space.

·    Lift and stairs in the centre of the building.

 

Second floor level

·    Two (2) x one (1) bedroom units, one (1) x two (2) bedroom unit and one (1) x three (3) bedroom unit.

·    Lift and stairs in the centre of the building.

·    The second floor of the building is setback a minimum 7m from the side boundaries of the site.

·    Two (2) architectural/roof features in the form of clerestory windows are proposed for the front units at this floor level of the building. The clerestory windows are oriented to the north in order to maximise solar access to these southern facing units.

 

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the north western side of Lawrence Street, Peakhurst with the nearest cross street being Pearce Avenue to the east. The subject site comprises of two (2) allotments which are legally described as Lot 199 in DP 36317, and Lot 200 in DP 36317 and are known as 66 and 68 Lawrence Street, Peakhurst.

 

The subject site forms a rectangular block with a combined frontage of 31.70m and a total site area of 1159.4sqm. The site has a fall from the street to the rear northern boundary of approximately 3m. A sewer pipeline runs across the site width near the rear northern boundary of the site.

 

There is a street tree (one (1) x Brush Box) on the western side of the street frontage near the proposed driveway and an on-site tree (one (1) x Melaleuca) on the eastern boundary, which are being retained with this application. Existing on each lot is a single storey dwelling house with outbuildings.

 

Adjoining the site on all sides are single storey dwelling houses, except for the eastern side of the site, where it adjoins a two (2) storey multiple dwelling development (NSW Department of Housing). Further to the north east of the site is another two (2) - three (3) storey multiple dwelling development at 7-11 Pearce Avenue and 61-63 Gover Street, Peakhurst (NSW Department of Housing).

 

The subject site is located within an area predominately characterised by low to medium density residential developments of single and double storey in nature.

 

COMPLIANCE AND ASSESSMENT

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

 

1.      Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

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

 

Clause

Standard

Proposal

Complies

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

Consistent with the aims of the plan

Yes

1.4 - Definitions

“Residential Flat building”

The proposed development is defined as a residential flat building

Yes

2.3 - Zone objectives and Land Use Table

Meets objectives of R3 Zone

 

Development must be permissible with consent

Meets objectives and is a permissible development with consent

Yes

2.7 - Demolition

Demolition is permissible with consent

The proposed demolition has been assessed as part of this application and is recommended to be approved, subject to standard demolition conditions of consent being attached to any consent granted

Yes

4.3 – Height of Buildings

12m as identified on Height of Buildings Map

Max. 10.65m (clerestory window of front units at second floor)

Yes

4.4 – Floor Space Ratio

1:1 as identified on Floor Space Ratio Map

Site = 1159.4sqm

Proposed GFA = 1157.9sqm

 

FSR = 1:1

Yes

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP1

Council’s Tree Management Officer raised no objection, subject to the conditions attached to the recommendation of this report (ie retention of 1 x street tree, Brush Box and 1 x Melaleuca to east).

Yes

6.7 – Essential Services

The following services that are essential for the development shall be available or that adequate arrangements must be made available when required:

 

·    Supply of water, electricity and disposal and management of sewerage

 

·    Stormwater drainage or on-site conservation

 

 

 

·    Suitable vehicular access

 

 

 

 

 

 

 

 

 

Adequate facilities for the supply of water and for the removal of sewage and drainage are available to this land

 

Council’s Manager – Development Advice has raised no objection, subject to the deferred commencement and drainage conditions attached to the recommendation

 

New driveway crossing from Lawrence Street (standard conditions for the submission of separate vehicular crossing applications and driveway design)

Yes

 

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

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

 

State Environmental Planning Policy

Complies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

State Environmental Planning Policy 55 – Remediation of Land

Yes

State Environmental Planning Policy (Building Sustainability Index BASIX) 2004

Yes

 

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

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

 

Application of SEPP 65

 

Clause

Standard

Proposal

Complies

3 -  Definitions

Complies with definition of “Residential Flat Building” (RFB)

Complies with definition

Yes

4 - Application of Policy

Development involves the erection of a new RFB, substantial redevelopment or refurbishment of a RFB or conversion of an existing building into a RFB

Erection of a new residential flat building

Yes

30 – Development Applications

Design verification statement provided by Qualified designer

 

 

Registered Architect Name and Registration No.

Design Verification Statement provided by Registered Architect Mr Nicholas Lycenko (practising/active)

 

Registration No: 3010

 

Yes

         

Part 2 Design Quality Principles under the SEPP

 

Clause

Standard

Proposal

Complies

1 – Context

Good design responds and contributes to its context (e.g. natural and built features of an area)

The subject site is located in a transitional area between low-medium density developments in the area. The proposed development has been designed to respond to other existing 2-3 storey medium density developments found in the area and slope of the site by having split levels

Yes

2 – Scale

Good design provides an appropriate scale in terms of the built and height that suits the scale of the street and surrounding buildings

The proposed building is 3 storeys which will be appropriately articulated at the street frontage to reduce visual impact upon the streetscape. The overall height of the proposed building is well below the desired future heights for residential flat buildings within the area. As such the proposal is considered appropriate to the scale of the area given its position within the transitional area of low-medium density development within the Peakhurst R3 area

Yes

3 – Built form

Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements.

The proposal responds appropriately to the site constraints and results in a development that has adequate setbacks and privacy to adjoining properties and open space areas

Yes

4 - Density

Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents).

Complies with FSR numerical standard of HLEP 2012

Yes

5 – Resource, energy and water efficiency

Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction.      

The application is supported by a BASIX certificate that satisfies this clause of SEPP

Yes

6 - Landscape

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain.

New planting to the site will improve the site, where no significant vegetation exists. Existing street tree and 1 x established on-site tree are to be retained. Overall landscaping complies and useable open space areas are provided for both public and private uses

Yes

7 - Amenity

Good design provides amenity through the physical, spatial and environmental quality of a development.

The proposal provides satisfactory levels of amenity, subject to conditions requiring privacy screening to the first and second floor balconies which are located on the side and rear elevations of the building

Yes, subject to conditions of consent requiring the provision of privacy screens to first floor and second floor balconies located on rear and side elevations

8 – Safety and Security

Good design optimises safety and security, both internal to the development and for the public domain.

The proposal is considered to be consistent with crime prevention principles

Yes

9 –Social dimensions and housing affordability

Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities.

The proposal responds appropriately to this clause of SEPP by providing a range of housing options that varies in unit size, number of bedrooms and adaptable units

Yes

10 - Aesthetics

Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development.

The proposed building is of reasonable architectural merit with a mix of building materials and finishes and architectural features

Yes

 

Clause 30 – Consideration of Residential Flat Design Code Design Controls

 

Clause

Standard

Proposal

Complies

Building Height

 

Ensure future development responds to desired future scale and character of street and local area

Proposed development is consistent with scale of development permitted under the relevant planning instruments

Yes

Building Depth

Maximum 18m (glass line to glass line). For wider buildings must demonstrate how satisfactory daylight and natural ventilation are achieved

The proposed building has a depth of 24.5m. The proposal achieves satisfactory daylight and natural ventilation by building separations, wall offsets (similar to side light wells) and clerestory windows. The proposal is consistent with this clause of SEPP

Yes

Building Separation

3 to 4 storeys/12m:

-12m between habitable rooms/balconies to habitable rooms/balconies

-9m between habitable rooms/balconies to non-habitable rooms

-6m between non habitable rooms to non habitable rooms

West:

Currently single storey so separation distances are adequate

 

West (future compliant RFBs up to 12m in height):

Second floor of each RFB will have a minimum separation of 14m (as required by DCP No 1) and privacy screening, window offsets and window treatments can be provided for ground and first floor level (as required by DCP No 1)

 

East (two storey):

All side windows of this adjoining properties are opaque windows

 

North (single storey):

The proposed building adjoins the back yards of northern adjoining properties. Minimum 12m separation to habitable windows

Yes

Street setbacks

Use different setback controls to differentiate between urban and suburban character areas.  5m -9m range is typical in suburban areas

Front setback = 6m with balconies projecting 1m into the front setback (complies with DCP No 1)

Yes

Side and rear setbacks

Relate side setbacks to existing streetscape patterns.

Complies with side setback requirements of DCP No 1

Yes

Floor Space Ratio (FSR)

To ensure that the development is in keeping with the optimum capacity of the site and the local area. FSR is not specified in the Design Code.

The proposal complies with the maximum FSR of 1:1

Yes

Deep Soil Zones

A minimum of 25% of the open space area of a site should be a deep soil zone

20% of the site is landscaped with a minimum 25% of the open space as deep soil landscaping

Yes

Fences and walls

Clearly delineate the public and private domain

The proposed fencing is considered acceptable

Yes

Landscape design

Landscape design should optimise useability, privacy, social opportunity, equitable access and respect neighbour’s amenity.

The proposal provides useable open space and appropriate planting to the site in the form of trees, shrubs and ground covers

Yes

Open Space

Communal open space should be generally 25% of the site area.

Min private open space for apartment at ground level/podium is 25sqm. Min preferred dimension in one direction is 4 metres

Communal open space = 290.13sqm or 25% of the site area

Private open space areas to ground floor units meet the requirements of DCP No 1

Yes

Orientation

Position and orientate buildings to maximise solar access

The proposed building has appropriately been positioned and oriented to maximise solar access

Yes

Planting on structures

Design for optimum conditions for plant growth

Small sized planting are limited to planter boxes and medium-large sized trees are to be planted in deep soil areas

Yes

Stormwater Management

Reduce the volume impact of stormwater on infrastructure by retaining it on site.

 

Stormwater disposal is appropriate. Council’s Development Engineer has raised no objection subject to conditions of consent

Yes

Safety

Undertake a formal crime prevention assessment of the development

Development is consistent with crime prevention principles

Yes

Visual privacy

Provide reasonable levels of visual privacy.

The proposal provides satisfactory levels of visual privacy, subject to conditions requiring privacy screening to the first and second floor balconies which are located on the side and rear elevations of the building

Yes, subject to conditions of consent requiring the provision of privacy screens to first floor and second floor balconies located on rear and side elevations

Building Entry

Create entrance which provides a desirable residential identity for development

The main entrance of the building is clearly visible and easily identified with the entry feature

Yes

Parking

Provide adequate car parking for the building and integrate parking with the design of the building

Basement car parking proposed which meets requirements

Yes

Pedestrian Access

Promote residential flat development that is well connected to street and contributes to accessibility.

 

Barrier free access to at least 20% of units

Continuous access path of travel from the street to the main entrance of the building and at least 20% of units are barrier free

Yes

Vehicle Access

Limit width of driveways to 6 metres.

Integrate adequate car parking and servicing access without compromising character

Driveway is 5.5m wide

 

Basement parking is not visible from the street

Yes

Apartment Layout

-Maximum depth from window of single aspect apartment 8.0m

-The back of a kitchen should be no more than 8 metres from a window.

-Width of cross-over apartments more than 15 metres deep should be a minimum of 4 metres

All units comply with these requirements

Yes

Apartment Mix

To provide a diversity of apartment types, which cater for different household requirements now and in the future

Units are provided in a variety of sizes, number of bedrooms, and option of adaptable housing

Yes

Balconies

Primary balconies to be a minimum of 2 metres in depth

Balconies have minimum 2.5m depths

Yes

Ceiling Heights

Residential buildings/floors

-habitable rooms minimum 2.7m

-non habitable rooms minimum 2.25m

All rooms have ceiling heights of between 2.7m and 2.9m, except for bulkheads (2.4m ceiling height) in front of side windows in some part of second floor only for a depth of 0.3m. This is required to comply with building envelope

Yes

Flexibility

Provide apartment layouts which can accommodate the changing use of rooms

Layout of units are considered acceptable

Yes

Ground floor apartments

Optimise the number of ground floor apartments with separate entries. Ensure ground floor apartments have access to private open space.

Ground floor units have private open space and are accessible from a central entry point to the building

Yes

Internal Circulation

Maximum of 8 units to be accessible from a double loaded corridor.

Max. 6 units accessible from central corridor

Yes

Storage

To provide adequate storage for every day household items within easy access of the apartment

1br = 6m³

2br = 8m³

3br= 10m³

U1 (2br) = 10.28

U2 (1br) = 9.05

U3 (2br) = 27.40

U4 (2br) = 9.96

U5 (2br) = 10.28

U6 (1br) = 9.05

U7 (2br) = 9.25

U8 (2br) = 8.50

U9 (2br) = 9.08

U10 (2br) = 8.69

U11 (2br) = 10.31

U12 (1br) = 8.45

U13 (1br) = 8.96

U14 (3br) = 11.85

Yes

Acoustic Privacy

Protect acoustic privacy of residents in apartments and in private open spaces

Acoustic privacy impact has been minimised with the use of dense planting, fencing and solid wall construction

Yes

Daylight Access

-Min 70% of units (living rooms and private open space) receive min 3 hours of solar access for dense urban environment

 

-Max 10% units southerly aspect

-At least 70% of units receive min 3 hours solar access to living rooms and private open space

 

 

-7% (Unit 10) has southerly aspect

Yes

Natural Ventilation

-60% of residential units should be naturally cross ventilated.

 

-25% of kitchens should have access to natural ventilation.

-65% of units are naturally cross ventilated

 

 

-86% of kitchens have natural ventilation

Yes

Facades

Facades must define and enhance the public domain and desired street character

Façade of the proposed building is considered acceptable

Yes

Roof design

Provide quality roof designs which contribute to the overall design

The proposal incorporates a roof form which contributes to the overall design of the building. The flat roof form and clerestory windows/roofs emphasise the horizontal plane which create visual continuity upon the streetscape and are less intrusive in the vertical/height plane (max. height of 10.65m)

Yes

Energy efficiency

Reduce reliance on artificial heating and cooling

The proposal is considered acceptable, subject to BASIX energy efficiency requirements of BASIX certificate

Yes

Maintenance

Supply waste management plans as part of the development application

Waste management plans submitted with the application is appropriate

Yes

Water conservation

Encourage use of rainwater tanks, use AAA rated appliances and store rainwater on site

BASIX certificate submitted addresses water conservation

Yes

 

Advice from the Design Review Panel

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

 

PRINCIPLE 1 - CONTEXT

DRP advice:The subject site is sloping significantly to the rear and in a low scale suburban context. Lawrence Street is a street with high amenity and established Brush Box along its length.

 

Applicant’s response: No comment required.

 

DAO’s comment: No change required to the proposal, given that the proposed building is split-levelled at all floor levels in order to respond to the slope of the site and that the existing street tree (one (1) x Brush Box) is retained with this application.

 

PRINCIPLE 2 - SCALE

DRP advice: Apart from minor breaches to the Council’s building height plane and FSR, the proposal appears to generally comply.

 

Applicant’s response: The amended proposal complies with Council’s FSR requirements.

 

DAO’s comment: The proposal has been amended to address the above issues with Development Control Plan compliance, except for a minor variation to the building envelope control of Development Control Plan No 1 with a number of architectural features (ie parapets and awnings) protruding. This minor variation is considered acceptable for the reasons stated in this report and the overall scale of the development is considered appropriate for the site. No further change is required to the proposed development.

 

PRINCIPLE 3 – BUILT FORM

DRP advice: The current proposal steps the building to comply with the Council’s height plane controls.  This results in the entry being below Lawrence Street level and subsequently provides a poor interface into the street and adjacent open spaces.

Therefore, it is crucial that the building is amended to improve its interface to street and rear communal space.  This includes:

·    Reconfigure pedestrian ramp at front of building to return to entry doors,

·    Extend driveway ramp and lower the basement level to allow the rear section of the building to drop to rear garden level,

·    Establish clear sight lines through the passage from north to south by straightening the side walls of the entire passage to see through to the rear garden. This will require modifications to all the eastern apartments.

 

Improvements are required to the front of the building proposal by relocating the bins to the western side of the front setback and incorporating an entry structure.

 

The Panel is not concerned about the minor non compliance with side setback envelopes on this particular steeply sloping site.  Full compliance with such envelopes can result in awkward deformed building forms, this is exacerbated on sloping sites.

 

Applicant’s response: As requested by the Panel, these changes have been incorporated into the amended proposal. We fully agree with the findings of the Panel in this circumstance. The minor non compliance with the envelope control is of no consequence given the orientation of the site, the compliance with all setback requirements and compliance with the height controls.

 

DAO’s comment: The proposal has been amended to address the above issues by:

·    having a pedestrian ramp at the front of the building with a return ramp to the entry doors,

·    providing an extended driveway ramp and lowering the basement level and rear garden level,

·    having a garbage storage area to the western side of the front setback and entry structure at the street frontage, and

·    improving sight lines through the passage from north (front) to south (rear) by widening the entire passage and repositioning stairs (the split-level layout does not allow clear sightlines from the entry to the rear garden at lower level, however minimal sightlines are achieved through the void of the stairs).

 

In addition, the proposal has been amended to comply with the side setback envelopes, except for a minor encroachment of architectural features (parapets and awnings). No further change is required to the proposed development.

 

PRINCIPLE 4 – DENSITY

DRP advice: The proposal should be modified to comply with the FSR control.

 

Applicant’s response: As noted previously, the amended plans fully comply with Council’s FSR controls.

 

DAO’s comment: The proposal has been amended to achieve compliance with the maximum FSR of 1:1.

 

PRINCIPLE 5 – RESOURCE, ENERGY AND WATER EFFICIENCY

DRP advice: Subject to BASIX.

 

Applicant’s response: No comment required.

 

DAO’s comment: The proposal has achieved a BASIX certificate and therefore is considered satisfactory, subject to conditions of consent.

 

PRINCIPLE 6 – LANDSCAPE

DRP advice: The proposal shows retention of an existing Melaleuca on the eastern boundary and this is supported and adequate measures should be taken to retain this tree.

 

The proposed location of communal open space at the front of the development should be redesigned to accommodate improved access to the building and to minimize impact on privacy of the adjoining apartment.

 

The proposal shows communal open space to the rear of the property in the north western corner of the site.  Access to this communal open space could be improved by the modifications to the building (refer to points raised above).  This area should be expanded and private open space modified.

 

The proposal includes new tree planting on the street to supplement the existing Brush Box trees and this is supported.

 

The orientation of private courtyard spaces on the ground level at the front of the building be relocated to the side setbacks to allow for reconfigured entry, access path and expanded planting zones.

 

The OSD tank needs to be relocated under the building footprint and out of deep soil areas.

 

Applicant’s response: The amended plans satisfactorily meet the recommendations of the Panel. Please note that there is no OSD tank in this development. The proposed detention is by means of on-site detention which maximizes the landscaped area.

 

DAO’s comment: The proposal has been amended to address the above issues by:

·    having a communal open space to the south eastern front of the building to allow improved access via the ramp to the entry and to provide visual buffer between the subject building and adjoining properties,

·    lowering the finished floor level and overall height of the building to improve access to the communal open space at the rear of the building, and

·    re-orienting private courtyard spaces on the ground level at the front of the building towards the side setbacks.

 

In addition, there is no OSD tank in the rear yard. As indicated by the applicant the proposed detention is by means of on-site detention which maximises the landscaped area.

 

PRINCIPLE 7 – AMENITY

DRP advice: Refer to comments above regarding entry, communal open space, landscape, garbage room location and stepping of building floor levels.

 

The Panel were concerned that some of the apartments are very tight, especially the adaptable units, it is recommended that an accessibility consultant review these plans.  Given the fact that the density is over the recommended FSR a reconfiguration of a lesser number of units may result in more amenable interior spaces.

 

The Panel recommends that storage recommendations in RFDC be complied with and explained by diagram and schedule.

 

Applicant’s response: As noted previously, the amended plans fully comply with Council’s FSR control and RFDC storage requirements.

 

DAO’s comment: The proposal has been amended to address the above issues by:

·    making changes to the entry, communal open space, landscape, garbage room location and stepping of building floor levels as outlined previously in the report,

·    complying with the maximum FSR of 1:1 and being consistent with RFDC as detailed in the report,

·    providing the minimum required accessible units, which are supported by an adaptability report (prepared by ABS Access consultants and dated 14 October 2013), and

·    providing storage areas that are consistent with RFDC with accompanying floor plans and schedule.

 

PRINCIPLE 8 – SAFETY AND SECURITY

DRP advice: See notes above access ramp, entry, foyer and stepping of levels.

 

Applicant’s response: No comment required.

 

DAO’s comment: As discussed under the ‘Built Form’ section of this report. No response required.

 

PRINCIPLE 9 - SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY

DRP advice: Acceptable.

 

Applicant’s response: No comment required.

 

DAO’s comment: No response required.

 

PRINCIPLE 10 - AESTHETICS

DRP advice: Generally acceptable within the framework of the comments above. The Panel recommends the continuation of the hedge treatment along the front boundary associated with the proposed timber fence.  Substantial trees could be introduced into the newly located communal open space to the front and rear elevation.

 

Applicant’s response: The recommendations of the Panel have been incorporated into the amended landscaping plans.

 

DAO’s comment: The proposal has been amended to address the above issues.

 

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

 

2.      Draft Environmental Planning Instruments

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

 

PROPOSED AMENDMENT TO PEAKHURST R3 ZONE

Council at its meeting on 5 February, 2014 resolved in part to prepare a Planning Proposal to amend Hurstville Local Environmental Plan 2012 (HLEP 2012) by changing the zoning of land currently zoned R3 Medium Density Residential to R2 Low Density Residential and bounded by Forest Road, Bonds Road, Trafalgar Street, Gover Street, Lawrence Street, Peakhurst Park and Jacques Avenue, Peakhurst.

 

This Planning Proposal is currently under preparation and until the proposed amendment is made to the HLEP 2012, the subject application complies with the current R3 Medium Density Residential zoning. The intended amendment is not a relevant matter for consideration, until such time as the Planning Proposal receives a Gateway Determination and is placed on public exhibition.

 

Any other matters prescribed by the Regulations

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

 

Demolition

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

 

3.      Development Control Plans

Planning legislation changes for DCPs

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

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

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

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

 

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

 

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

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

 

Section 3.1 – Car Parking

Requirements

Proposal

Complies

3.1.4.1 - Resident parking

1 or 2 bedroom – 1 space (13 units proposed) = 13

3 or more bedroom – 2 spaces (3 units proposed) = 2

 

Total required = 15 spaces

15 residential spaces

Yes

3.1.4.1 -Visitor parking (4 or more dwellings)

1 space per 4 dwellings or part thereof (14 units proposed) = 4

4 visitor car spaces

Yes

3.1.4.2 –Dimension of car spaces, car parking layout, circulation, egress and egress

Compliance with AS2890.1 2004 and AS2890.2

 

Yes

Yes (by conditions)

3.1.4.3 – Stencilling of driveways

Finished with plain concrete

Yes

Yes (by condition)

3.1.4.4 – Ramps transitions, driveways

Ramp grades to comply with AS2890.2 2004, Part 2

 

Longitudinal section 1:20 to be provided with development application

(Max. 25% driveway gradient) Complies

Yes (by conditions of consent)

3.1.4.5 - Basement car parking

- Underground parking to be located under building footprint

- Minimise visual impact on street

-Mechanical ventilation and exhaust shafts to be illustrated in plans

Complies

Yes

3.1.4.6 – Parking for people with a disability

Compliance with AS1428 – Design for access and mobility and AS2890.6

Complies

Yes (by condition)

3.1.4.8 - Car washing area

1 space (which can be a visitor space)

Visitor car space can also be provided as car washing area

Yes (by condition)

 

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

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

 

Section 3.3 – Access and Mobility

Requirements

Proposal

Complies

Adaptable dwellings

1 adaptable dwelling/10 dwellings or part there of (min) = 2

 

Adaptable dwelling complies with AS4299

2 adaptable units

Yes

Access requirements

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

Supported by an adaptability report (prepared by ABS Access consultants and dated 14 Oct 2013)

Yes

Accessible car space

1 space per adaptable dwelling

 

Layout complies with Australian Standard

1 space per adaptable dwelling provided

Yes

 

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

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

 

Section 3.4 - CPTED

Requirements

Proposal

Complies

Site and building Layout

·    Provide surveillance opportunities

·    Building addresses street

·    Habitable rooms are directed towards the front of the building

·    Garages are not dominant

·    Offset windows

Surveillance of street is available from the units where possible

 

Basement car park is not considered to be a dominant feature of the overall streetscape, given that it is not visible from the street

Yes

Building Identification

·    -Clearly numbered buildings

·    -Entrances numbered

·    -Unit numbers provided at entry

These requirements can be conditions of consent

Yes (subject to conditions of consent)

Entrances

Clearly visible and not confusing

The entrance to the building is clearly visible and located on the front elevation of the development

Yes

Fencing

Allows natural surveillance to street

Proposed fencing is satisfactory

Yes

Blind Corners

To be avoided

No bind corners evident

Yes

Communal Areas

Provide opportunities for natural surveillance

The communal areas proposed provide opportunities for natural surveillance

Yes

Landscaping

·    Avoid dense medium height shrubs

·    Allow spacing for low growing dense vegetation

·    Low ground cover or high canopy trees around car parks and pathways

·    Vegetation used as a barrier for unauthorised access

Landscaping proposed as per the landscape plan is appropriate

Yes

Lighting

·    Diffused/movement sensitive lighting provided externally

·    Access/egress points illuminated

·    No light-spill towards neighbours

·    Hiding places illuminated

·    Lighting is energy efficient

These requirements can be conditions of consent

Yes (subject to conditions of consent)

Security

Provide an appropriate level of security for each dwelling, communal areas and car park

Appropriate security has been provided

Yes

Car parks

Access to lifts and stairwells to be clearly defined

Access to the car parking area is clearly defined

Yes

Ownership

Use of fencing, landscaping, colour and finishes to imply ownership

Landscaping and driveways indicate ownership

Yes

Building maintenance

Use materials that can be easily cleaned or use anti-graffiti paint

Proposed external materials and finishes are appropriate

Yes

 

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

The proposal has achieved a BASIX Certificate and therefore complies with the objectives of Section 3.5 of Development Control Plan No 1. The proposed development also complies with the solar access requirements of Development Control Plan No1 – LGA Wide.

 

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

The proposal has inadequately satisfied the requirements of this subsection. Council’s Development Engineer has supported the proposed works subject to the deferred commencement conditions for a drainage easement and drainage conditions attached to the determination.

 

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

The selected types of fencing on the street frontage will provide visual relief and natural surveillance from the dwelling to the street, and provide screening for the private open space behind the front building line of dwellings.

 

It is considered that the fences are of reasonable architectural merit and are unlikely to adversely impact upon the streetscape.

 

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

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

 

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

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

 

Section 4.3 – Multiple Dwellings

Requirements

Proposal

Complies

Minimum Street Frontage

24m

31.70m

Yes

Residential density (Floor Space Ratio)

Cl 4.4 of HLEP 2012 = Max. 1:1

FSR = 1:1

Yes

Landscaped Area

Site = 1159.4sqm

 

Min. 20% (231.88sqm)

235.668sqm or 20.3% (Min. 2m width)

Yes

Maximum Building Height

Cl 4.3 of HLEP 2012 = Max. 12 m

Max. 10.65m

Yes

Front Site Height Maximum

12m

10.65m

Yes

Rear Site Height Maximum

12m

9.4m

Yes

Number of habitable storeys at front of site

3 habitable storeys

3 storeys (excludes basement)

Yes

Number of habitable storeys at rear of site

3 habitable storeys

3 storeys (excludes basement)

Yes

Minimum Private Open Space Area

 

 

 

Ground floor level

<3bedrooms – 50sqm

Min dimension – 3m

 

 

 

 

 

 

Upper levels

< 3 Bedroom – 12sqm

3 bed or more – 12sqm

Min width - 2.5m

Direct access from living room

Ground floor level (< 3 bedrooms, including planter boxes – Min. 3m width)

U1 = 51.67sqm

U2 = 55.23sqm

U3 = 52.46sqm

U4 = 50.4sqm

 

Upper levels

(Min. width of 2.5m)

U5 = 13.02sqm

U6 = 22.53sqm

U7 = 12.75sqm

U8 = 14.68sqm

U9 = 12.14sqm

U10 = 12.14sqm

U11 = 24.3sqm

U12 = 12.85sqm

U13 = 12.87sqm

U14 = 13.29sqm

Yes

Minimum Principal Private Open Space Area

 

 

Ground floor

Must not be located forward of the building line

 

< 3 bedrooms – 4m x 4m – 1:20 (max)

 

3 or more beds - 4m x 6m – 1:20 (max)

 

Upper levels

< 3 Bedroom – 12sqm

3 bed or more – 12sqm

Ground floor level (< 3 bedrooms)

U1 = 4.25m x 9m

U2 = 6.5m x 8m

U3 = 4m x 9.6m

U4 = 4m x 10m

 

 

 

 

 

Upper levels

(min width of 2.5m)

U5 = 13.02sqm

U6 = 22.53sqm

U7 = 12.75sqm

U8 = 14.68sqm

U9 = 12.14sqm

U10 = 12.14sqm

U11 = 24.3sqm

U12 = 12.85sqm

U13 = 12.87sqm

U14 = 13.29sqm

Yes

Landscape Plan

Landscape Plan to be submitted with the DA

Complies. Landscape Plan and details (prepared by Zenith Landscape Designs)

Yes

Front Boundary Setbacks

Minimum 6m, balconies can project 1m

6m with balconies projecting max. 1m

Yes

Rear Boundary Setbacks

Minimum 6m, balconies can project 1m

6m with balconies projecting max.1m

Yes

Minimum Side Boundary Setbacks

 

Ground & first floor levels – Min. 4m

Second floor level – Min. 7m

 

Building envelope

 

No projections of any form permitted outside the building envelope

4m

 

7m

 

 

Yes

 

Parapets and awnings project outside the building envelope

Yes

 

Yes

 

 

Yes

 

No (1)

Maximum excavation of natural ground level

500mm

Max. 500mm (east, next to Unit 3)

Yes

Driveways, access lanes and car parking

If street frontage is 20m or less – Must not occupy more than 40% of the frontage

 

>20m – Must not occupy more than 33%

Frontage = 31.7m

Driveway = 5.5m in width (including passing bay)

 

 

17.35% of the frontage

Yes

Garages and car ports

Garages must not visually dominate the street facade

Basement car park is not visible from the street

Yes

Basement parking

Basement cannot extend more than 1m above natural ground level

Basement is located below the maximum 1m from the existing ground level

Yes

Visual Privacy

Habitable windows within 9m to be offset 1m or screened

Privacy screening required for the first floor and second floor rear balconies

Yes (by conditions)

Solar Design and Energy Efficiency

3hrs of sunlight upon the open space areas of adjacent dwellings between 9am -3pm on 22 June

More than 3 hours sunlight to adjacent dwellings

Yes

Fences at the front boundary

Solid fences facing the street – Max 1m in height

 

If Private Open Space has a common boundary to public space, height may be increased to 1.8m (must be 50% of fence to be open)

Proposed front fence = Max. height of 1.5m and more than 50% transparent (where the common open space is proposed within the front setback) and max. height of 0.8m for the solid fence (in front of the ramp to the main entrance of the building)

Yes

Site Services

Site must be serviced by standard utilities

Appropriate utilities can be provided

Yes

Storage

6 cubic metres per dwelling

> 6 cubic metres provided per dwelling

Yes

 

(1) Side Boundary Setbacks

The external walls of the proposed building are placed within the prescribed building envelope under Development Control Plan No 1, but the parapets and awnings of the upper floor levels of the building project over this envelope mainly at the northern rear portion of the building.

 

Despite having this minor encroachment of the parapets and awnings over the building envelope, the proposal is considered acceptable on merit and is recommended to be supported on the following basis:

·    The parapets and awnings encroach over the building envelope but only for a maximum distance of 0.5m. These building elements are considered to be architectural features that mainly serve the purpose of providing shades for window openings and fenestrations (ie awnings are used for weather protection for windows on all elevations and shades for western oriented windows) and articulating each elevation of the proposed building by defining a base, middle and top related to the overall proportion of the building, expressing the location of individual units and balconies within the building, and producing a continuous appearance with other building elements such as balcony balustrades and clerestory windows/roofs at upper levels of the building.

·    The encroachment of these architectural features mainly occurs at the northern rear portion of the building and hence no adverse overshadowing impact is envisaged as a result of this minor variation to Development Control Plan No 1.

·    The proposal is consistent with the objective of building envelope as it fully complies with boundary setbacks and building heights, setbacks are measured to the external enclosing walls and the parapets are placed well below the ridge level of the building, where the building height is measured from the existing ground level.

·    These architectural features are well articulated with the incorporation of minor projections and recesses in horizontal and vertical planes, contrasting materials and colour scheme and fenestration treatments to create varied elevations of the proposed building and achieve visual interest (detail and relief). In addition, no detrimental amenity impacts are likely to result from the minor encroachment over the building envelope.

·    The proposed building cannot further be lowered to achieve compliance with this requirement for accessibility and aesthetic reasons. The Design Review Panel has raised the same issue of applying the building envelope control to residential flat buildings on sloping sites, by stating “full compliance with such envelopes can result in awkward deformed building forms; this is exacerbated on sloping sites.

 

RECENT LAND & ENVIRONMENT COURT DECISIONS

 

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

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

 

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

 

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

 

Further the Commissioner concluded that:

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

 

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

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

 

4.      Impacts

 

Natural Environment

The proposal includes the retention of one (1) street tree (Brush Box) and one (1) established on-site tree (Melaleuca) on the eastern side of the frontage. Also the proposal incorporates sufficient landscaped areas to soften the building and contribute to the natural environment.

 

The proposed excavation for the basement is considered acceptable for this type of construction, subject to the conditions attached to the recommendation of this report.

 

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 a minor non compliance to building envelope that is supported for the reasons discussed earlier in the report.

 

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

 

Senior Traffic Engineer Comments:

“i. Existing Traffic Environment

Lawrence Street is an 890m long, 15.4m wide road reserve (approx. 7.4m carriageway), local road extending from Jacques Avenue to Pearce Avenue, Peakhurst and performs a local residential road function with Council’s road hierarchy. The road services Zone R3 residential zoned land. The northern side of Lawrence Street is provided with parallel street parking.

 

Currently turning movements at Lawrence Street and Pearce Avenue are not restricted. Give way signage is in place at the Gover Street and Pearce Avenue intersection. The posted speed limit for Lawrence Street is 50km/h.

 

Recent traffic counts undertaken by Council in September 2013 found:

·    The 85th percentile speed of the traffic on both directions to have a combined average of 51km/h

·    The Average Annual Daily Traffic for the five days in both directions combined is 442 vehicles per day

 

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

 

ii. Proposed Development - Traffic Generation

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

Dwelling houses = 0.85phvt per dwelling

Medium Density residential flat buildings = 0.4-0.5 phvt

(up to two bedroom)

Medium density residential flat buildings = 0.5-0.65 phvt

(three of more bedrooms)

 

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

 

Number of Beds

Generation Rate (Max.)

Peak Hour Vehicle Trips (phvt)

4x1 bed

0.5

2

9x2 Bed

0.5

4.5

1x3 Bed

0.65

0.65

TOTAL

7.15

 

Deducting the traffic generated by two existing free standing dwellings (1.7phvt) results in an overall increase arising from the development of 5.45 phvt (round up figure).

 

iii. Cumulative Impact in Locality

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

 

Traffic Movements

Environmental Capacity RMS

(Max peak hour volume)

Existing Traffic Volumes

(phvt)

Proposed Increase

(phvt)

% Increase

Remaining

Environmental Capacity

Lawrence Street

200

38

5.45

14.3%

85.7%

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

 

iv. Need for Traffic Improvements in the Locality

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

 

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

Access onto Forest Road (State Road) is via traffic controlled intersections at Belmore Road and Jacques Avenue. Access is also available to Forest Road from Pearce Avenue via unconstrained turning movements. The intersection of Jacques Avenue and Belmore Road provides a sign posted roundabout and does not warrant improvements arising from the impact of this development.

 

vi. Sight distance and other safety issues

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

 

vii. On Street Parking in Locality

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

 

Social Impact

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

 

Economic Impact

The proposal is for residential purposes and no adverse economic impact 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

The subject application was notified / advertised to twenty two (22) adjoining residents and owner for fourteen (14) days in which to view the plans and submit any comments on the proposal. Thirteen (13) submissions were received in relation to this application and raised a number of concerns which are summarised as follows.

 

Privacy impact – loss of privacy and overlooking

A concern was raised in relation to a potential overlooking from the proposed building and in one particular submission it raised issues in relation to the windows and balconies at the northern rear elevation of the building.

 

Comment: The proposal includes northern rear oriented windows that are either offset or bedroom windows and provides screen planting along the site boundary in the form of medium-large sized trees (strategically placed to screen views from the balconies) and shrubs. In addition the proposal has been conditioned to require privacy screening for the first floor and second floor balconies to reduce overlooking into the adjoining properties, especially the northern adjoining neighbour’s swimming pool and private open space.

 

As such the proposed development is unlikely to have any detrimental privacy impact on neighbouring properties and is considered acceptable with this condition.

 

Overshadowing – loss of solar access

Concerns were raised in relation to a potential overshadowing by the proposed building and in one particular submission it raised issues in relation to shadow cast on the neighbour’s garden, pool and drying area (to the north of the subject site).

 

Comment: The proposal has met the minimum solar access requirements of Council’s Development Control Plan No 1 and SEPP 65, given the site orientation and building heights being well below the maximum allowed (with the exception of minor encroachment over the building envelope that has minimal overshadowing impact). In regards to the concerns relating to the neighbour’s garden, pool and drying area, the proposal will have a negligible impact on this neighbour, due to the sun angle and orientation of this neighbour’s property.

 

Overdevelopment - excessive bulk and scale

Concerns were raised in relation to bulk and scale of the proposed development, particularly in regards to:

o “The current infrastructure cannot accommodate three (3) storey unit over development and it does not fit the suburb character.

o Explain how this is not overdevelopment.

o Loss of character of the area.

o Appropriateness of the proposal.

o This is a major development that will eclipse my single storey home. The State Government has already heavily developed the area close to me with all the Housing Commission units and townhouses.”

 

Comment: The above concerns are acknowledged and not unexpected for an area undergoing change and when comparing the proposed development with the existing low-medium density developments in the area. However the bulk and scale of the development complies with Council’s current controls, SEPP 65 and is considered to be consistent with the future desired character of the area. This type of development is permitted under the current Council’s controls, which have been adopted through extensive community consultation. The subject site is located within an area undergoing transition, where there are existing two (2) - three (3) storey medium density developments in the vicinity of the development site.

 

Adequacy of infrastructure – stormwater drainage, sewer line, electricity and the like

Concerns and questions were raised in relation to the adequacy of existing infrastructure in the area for the proposed development, particularly in regards to:

o “Existing overland flow.

o Increase stress on old infrastructure eg sewerage (in recent years we have twice had raw sewerage flow across our property from blocked sewerage line).

o Increase stress on electrical supply (increased blown out and loss of service).

o Continual flow of water to the street gutter in Gover Street.

o The drainage pipes for Lawrence Street are not designed to support extra people in the unit. There will be a problem for flooding in our street in the future.

o The majority of water and sewer pipes are around 60 years old, how will the proposed development impact on these pipes/system? Do pipes etc all end up being connected up or what happens?

o I asked if the Council had any current plans to increase infrastructure in line with the proposed development and was told “no”.

o There is no diagram in the plans available showing details of where stormwater will be directed to.”

 

Comment: Council’s Team Leader Subdivision and Development has reviewed the submitted stormwater concept plans and recommended a deferred commencement approval for a drainage easement through the downstream properties with the view that the existing infrastructure is capable of accommodating the additional stormwater from the subject site. Also standard conditions in relation to compliance with various government agencies (ie Sydney Water’s approval to their sewerage system and Ausgrid in relation to electrical supply) apply to any consent granted.

 

Potential economic impact

Concerns were raised in relation to a potential economic impact by the proposal, particularly in regards a potential loss in property value of neighbouring properties. In addition a concern was raised in relation to a potential increase in crime level in the area.

 

Comment: There is no real evidence to suggest or support this concern.

 

Potential traffic issues

Concerns were raised in relation to a potential traffic issues by the proposal, particularly in regards to:

o “Inadequate pedestrian (no pedestrian footpath in Lawrence Street) or vehicular access (emergency services).

o Inadequate parking, vehicular or service access (loading and unloading).

o Traffic generation (existing two single dwellings vs units as proposed, increased traffic in Trafalgar Street, parking difficulties in Trafalgar Street and Peakhurst Park).

o Safety of vehicles and pedestrians in the street, especially children.

o Narrow width of Lawrence Street and lack of street parking (approximately 7.2m in width).

o Lawrence, Gover and Trafalgar Streets are already clogged. With “five major development applications” submitted for approval, where is everyone going to park and how will a car be able to travel up and down the streets?”

 

Comment: The proposal will increase the number of vehicles and traffic compared with that currently experienced in Lawrence Street. However the proposal has been considered and assessed on the traffic counts undertaken by Council’s Traffic section which revealed that the existing road network is capable of accommodating the additional traffic from the proposed development.

 

Also the proposal provides sufficient car parking within the basement car park and complies with Council’s controls. A 5.5m wide driveway crossing with a passing bay is proposed to reduce traffic conflicts in front of the site.

 

In regard to service access, the proposal is not required to provide loading/unloading area as it is only for residential use. There is no change to the overall width of the street and hence the proposal will have minimal impact on the availability of access to emergency service vehicles in the street.

 

Potential noise issues

Concerns were raised in relation to a potential noise issues by the proposal, particularly in regard to:

·    Traffic noise

·    Noise generated from increased number of occupants of the proposed development

 

Comment: The general use and associated noise from the residential flat building is not likely to be significant in terms of impact on adjoining amenity. The proposal provides a sufficient acoustic buffer with building separation/setback, screen planting, single vehicular access point and basement car park.

 

‘Yellow’ notification sign and information

A complaint was received in relation to the absence of a ‘yellow’ notification sign as of 21 November 2013.

 

Comment:  Council has notified and advertised the proposed development in accordance with Council’s Development Control Plan No 1, as well as a supplementary ‘yellow’ notification sign being displayed at the development site during the advertising and notification period from 8 November 2013 to 22 November 2013. Lost or misplaced notification signs can be replaced by Council; however it is the applicant’s responsibility to notify Council.

 

Non compliance with LEP or DCP

A concern was raised in relation to compliance with Local Environmental Plan or Development Control Plan without any specific details.

 

Comment: The proposed development complies with Council’s Local Environmental Plan standards, SEPP 65 and Development Control Plan No 1, except for the minor variation to the building envelope control under Development Control Plan No 1, which is considered acceptable and recommended to be supported for the reasons outlined in this report.

 

Council’s press releases/information in relation to the Peakhurst R3 area, State Government’s directives

Comments were made in relation to Council’s press releases/information and State Government’s directives.

 

Comment: As previously mentioned, the proposal has been considered and assessed under the current controls, which were adopted through extensive community consultation. The status of the Planning proposal for this area has been mentioned in Section 2. Draft Environmental Planning Instruments previously in this report.

 

Loss of significant trees or vegetation

A concern was raised in relation to loss of significant trees or vegetation without any specific details.

 

Comment: No significant trees or vegetation exist on the site. The existing street tree (one (1) x Brush box) and established on-site tree (one (1) x Melaleuca) are to be retained and protected with conditions of consent. The proposed landscaping to the site complies with Council’s controls and is considered to be acceptable.

 

Disposal of asbestos during demolition

The following questions were raised in relation to the demolition of existing structure which could potentially contain asbestos:

o “I can’t see where the developer has addressed the asbestos issue in their Site Waste Management plan (unless I have missed it)?

o Is the Council going to provide us residents with an assurance that the developers will be monitored to ensure they follow the strict safety guidelines for disposal of asbestos?”

 

Comment: Standard conditions have been included to address any potential issues that may arise during demolition by requiring notification for demolition, asbestos removal in accordance with WorkCover requirements, protection and support of adjoining properties and compliance with the submitted site management and waste management plan during demolition.

 

Potential physical damage to adjoining properties during excavation and construction

The following question was raised in relation to a potential physical damage to the submitter’s property:

o “Will the excavation for the proposed basement parking affect the foundations of my home/property?”

 

Comment: Standard conditions have been included to address any potential issues that may arise during excavation and construction by requiring a dilapidation report prior to the commencement of building works on the development site.

 

Unclear description of the application and lack of assistance and information supplied during notification

The following concerns and questions were raised in relation to the description of the proposal and assistance and information provided during notification:

·    Deficient notification time for neighbours to view and interpret or seek expert’s advice on the proposal.

·    Discrepancies in description in various documents (does not state which documents).

·    Stormwater concept plan and details.

 

Comment: Sufficient information, including stormwater plans were provided and made readily available within the notification period of fourteen (14) days in accordance with Development Control Plan No 1 – LGA Wide – Section 2.2 Neighbour Notification. The description of the application has not changed from the notification letter which stated “Residential - New multi unit 3 Storey Residential Flat Building over a common basement and demolition of existing dwellings” and the number of units or bedrooms has not changed from the originally submitted application.

 

Council Referrals

 

Team Leader Subdivision and Development

Council’s Team Leader Subdivision and Development has considered the proposal and advised that the proposal may be considered for approval subject to the deferred commencement conditions for a drainage easement and drainage conditions attached to the determination.

 

Manager Environmental Services

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

 

Tree Management Officer

Council’s Tree Management Officer has raised no objection to the application subject to the implementation of the landscape plan and retention and protection of one (1) x street tree, Brush Box and one (1) x Melaleuca to the eastern side of the front yard.

 

Senior Environmental Health and Building Surveyor (Major Projects)

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

 

External Referrals

 

Design Review Panel

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

 

6.      CONCLUSION

The 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 variation to the building envelope control of Development Control Plan No 1 with a minor projection of awnings and parapets, result in no adverse impact and do not warrant amendment.

 

Thirteen (13) submissions were received in relation to the proposal. These submissions have been discussed and addressed in the report.

 

The proposed development complies with Council’s LEP and SEPP 65, does not result in any significant impact on local amenity and is consistent with the future desired character of the area. The subject site is located within an area undergoing transition, where other two (2) – three (3) storey medium density developments exist in the street. Accordingly the application is recommended for deferred commencement approval subject to conditions of consent.

 

DETERMINATION

THAT pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred commencement consent to Development Application DA2013/0346 for the demolition of existing structures and construction of a three storey residential flat building containing 4 x 1 bedroom, 9 x 2 bedroom and 1 x 3 bedroom units with basement car parking for 19 cars on Lots 199 and 200 DP 36317 and known as 66 and 68 Lawrence Street, Peakhurst, subject to the following:

 

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

 

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

 

Schedule 1

 

A. DEF1001 – Deferred Commencement Condition – Registration of Stormwater Easement - The person with the benefit of the consent must acquire an Easement to Drain Water of 1 metre (minimum) width.  The easement must allow for a piped, gravity fed system of drainage of stormwater from the land the subject of this consent with direct, underground connection to Council's kerb and gutter in Gover Street.

 

The consent is not to operate until evidence of registration of the easement to drain water benefiting the land the subject of this consent and burdening the title of each such other property/ies is provided to Council.

 

B. DEF1002 – Deferred Commencement Condition - The person with the benefit of the consent must obtain separate Development Consent for all drainage works to be carried out within the Easement to Drain Water.  The written consent of each of the owners of the property/ies burdened by the Easement will be required for each development application to carry out the drainage works on the burdened lot/s.

 

The consent is not to operate until development consent is obtained for the whole of the drainage works within the Easement(s) to drain water.

 

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

 

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

 

Schedule 2

 

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

 

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

 

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

 

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

 

Schedule A – Site Specific Conditions

 

GENERAL CONDITIONS

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

DA01

28 Mar 14

Site Analysis Plan and Streetscape

D

Cornerstone Design

DA02

20 Dec 13

Basement Plan

B

Cornerstone Design

DA03

27 Mar 14

Ground Floor Plan

D

Cornerstone Design

DA04

27 Mar 14

First Floor Plan

D

Cornerstone Design

DA05

27 Mar 14

Second Floor Plan 

D

Cornerstone Design

DA06

20 Dec 13

Roof Plan

B

Cornerstone Design

DA07

28 Mar 14

Elevations

D

Cornerstone Design

DA08

28 Mar 14

Elevation, Section and Driveway Profile

D

Cornerstone Design

DA09

22 Sep 13

Shadow Diagrams-1

A

Cornerstone Design

DA10

22 Sep 13

Shadow Diagrams-2

A

Cornerstone Design

DA12

5 Feb14

FSR Calculations Floor Plans

A

Cornerstone Design

13-2753 L01

16 Jan 14

Landscaped Plan

A

Zenith Landscape Designs

13-2753 L02

16 Jan 14

Existing Tree and Details Plan

A

Zenith Landscape Designs

S-22893-1

20 Sep 13

Survey Plan

--

Kevin Brown and Associates Pty Ltd

Not specified

Received: 28 Oct 13

Artists Impression (Perspective)

--

Cornerstone Design

Not specified

Received: 28 Oct 13

Waste Management Plan (3 Pages)

--

Cornerstone Design

Job: 213385

14 Oct 13

Adaptability Report

A

Accessible Building Solutions (ABS)

Not specified

Received: 28 Oct 13

Schedule of Colours & Finishes

--

Cornerstone Design

 

2.         GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

(a)  Fees to be paid to Council:

 

Schedule of fees, bonds and contributions

Fee Type

Paid

Amount

Receipt Date

Receipt No

Development Application Fee

X

$3,415.00

25 Oct 13

2009605

Plan First Fee

X

$1,792.00

25 Oct 13

2009605

Notification Fee

X

$226.00

25 Oct 13

2009605

DA Advertising Fee

X

$1,105.00

25 Oct 13

2009605

Design Review Panel Fee

X

$1,242.00

25 Oct 13

2009605

Long Service Levy

 

$9,800.00

 

 

Builders Damage Deposit

 

$38,040.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$2600.00

 

 

S94 Residential (Community Facilities)

 

$17,412.42

 

 

S94 Residential (Open Space, Recreation, Public Domain)

 

$123,114.31

 

 

 

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

 

PCA Services Fee

 

$3,300.00

 

 

Construction Certificate Application Fee

 

$3,300.00

 

 

Construction Certificate Imaging Fee

 

$229.00

 

 

 

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

 

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

a. Amount of Contribution

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

Contribution Category                                                                     Amount

Community Facilities                                                                           $17,412.42

Open Space, Recreation and Public Domain Facilities                  $123,114.31

Total:                                                                                                     $140, 526.73

 

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 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 NSW) or viewed on Council’s website www.hurstville.nsw.gov.au/Strategic-Planning.html

 

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

 

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

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,200.00 per metre of street frontage property (for a combined street frontage of 31.7m for 66 and 68 Lawrence Street Peakhurst) the total damage deposit value is $38,040.00.

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $260.00 – Minimum of two (2) inspections required ($130.00 per inspection).

(c)  At the completion of work Council will:

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

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

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

(iv)       inspect the public works.

 

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

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

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

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

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

 

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

 

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

 

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

(a) Placing or storing materials or equipment;

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

(c)  Erecting a structure or carrying out work

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

(e) Pumping concrete from a public road;

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

(g) Constructing a vehicular crossing or footpath;

(h)  Establishing a “works zone”;

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

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

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

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

 

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

 

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

 

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

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

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

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

 

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

 

To apply for approval:

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

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

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

 

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

 

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

 

9.         APR7003 - Building - Below ground anchors - Information to be submitted with Section 68 Application under LGA 1993 and Section 138 Application under Roads Act 1993 - In the event that the excavation associated with the basement car park is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways, an application must be lodged with Council under Section 68 of the Local Government Act 1993 and the Roads Act 1993 for approval, prior to commencement of those works. In this regard the following matters are noted for your attention and details must be submitted accordingly:

(a)   Cable anchors must be stressed released when the building extends above ground level to the satisfaction of Council.

(b)   The applicant must indemnify Council from all public liability claims arising from the proposed works, and provide adequate insurance cover to the satisfaction of Council.

(c)    Documentary evidence of such insurance cover to the value of ten (10) million dollars must be submitted to Council prior to commencement of the excavation work.

(d)   The applicant must register a non-terminating bank guarantee in favour of Council. Non-terminating bank guarantee value = $1,000.00 per metre of street frontage property (for a combined street frontage of 31.7m for 66 and 68 Lawrence Street Peakhurst, the total bank guarantee value is $31,700.00). The guarantee will be released when the cables are stress released. In this regard it will be necessary for a certificate to be submitted to Council from a structural engineer at that time verifying that the cables have been stress released.

(e)   In the event of any works taking place on Council’s roadways/footways adjoining the property while the anchors are still stressed, all costs associated with overcoming the difficulties caused by the presence of the ‘live’ anchors must be borne by the applicant.

 

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

 

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

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

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

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

 

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

 

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

These conditions have been imposed by other NSW Government agencies either through their role as referral bodies, concurrence authorities or by issuing General Terms of Approval under the Integrated provisions of the Environmental Planning and Assessment Act 1979.

 

11.       GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Coordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

 

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

 

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

 

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

 

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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

b.   Dilapidation Reports on the adjoining properties including, all properties with a common boundary to the subject site at 66 and 68 Lawrence Street, Peakhurst prior to any excavation of site works.  The Dilapidation Report is to include assessments on, but not limited to, the dwellings at those addresses and any external paths, grounds etc.  This must be submitted to the Certifying Authority and the adjoining residents as part of the application for the Construction Certificate.  Adjoining residents are to be provided with the report five (5) working days prior to any works on the site.

c.   On-site guidance by a vibration specialist during the early part of excavation.

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

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

 

19.       CC7011 - Building - Slip Resistance- Commercial, Retail and Residential Developments - All pedestrian surfaces in areas such as foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in the wet rooms in any commercial/retail/residential units must have slip resistance classifications, as determined using test methods in either wet or dry conditions, appropriate to their gradient and exposure to wetting. The classifications of the new pedestrian surface materials, in wet or dry conditions, must comply with AS/NZS4586:2004 - Slip Resistance Classifications of New Pedestrian Materials and must be detailed on the plans lodged with the application for the Construction Certificate.

 

20.       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) Privacy screens are to be provided to the balustrades of the first floor and second floor balconies located on the side and rear elevations of the proposed building. The privacy screens are to result in the balustrade being minimum 1.5m high and comprising of translucent glazing or louvres. If louvres are provided, they are to be fixed in a direction that does not allow downward viewing of adjoining developments. These design changes are to be incorporated into the plans submitted with the Construction Certificate Application.

 

21.       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)

(c)      all clean water run-off is diverted around cleared or exposed areas

(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.

 

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

·    location of protective site fencing;

·    location of site storage areas/sheds/equipment;

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

·    provisions for public safety;

·    dust control measures;

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

·    details of methods of disposal of demolition materials;

·    method used to provide protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/skip bins;

·    details of proposed sediment and erosion control measures;

·    method used to provide construction noise and vibration management;

·    construction traffic management details.

 

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

 

23.       CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 509610M dated 23 October 2013, approved with the Development Consent DA2013/0346, must be implemented on the plans lodged with the application for the Construction Certificate.

 

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

 

The basement water shall pump to the onsite detention facility thence all stormwater shall drain by gravity to the easement to drain water in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

25.       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.

 

26.       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

 

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

(a) Council street tree - retain one (1) Brush Box located on Council nature strip

(b) One (1) x Melaleuca on the eastern boundary

 

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).

 

29.       CC6005 - Engineering - Traffic Management - Construction Traffic Management Plan - A Construction Traffic Management Plan detailing:

(a)     construction vehicle routes;

(b)     anticipated number of trucks per day;

(c)      hours of construction;

(d)     access arrangements; and

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

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

 

30.       CC6003 - Engineering - Council Property Shoring - Prior to the issue of the Construction Certificate, plans and specifications prepared by a qualified and practising structural engineer must detail how Council’s property shall be supported at all times. 

 

Where any shoring is to be supporting, or located on Council’s property, certified structural engineering drawings detailing; the extent of the encroachment, the type of shoring and the method of removal, shall be included on the plans.  Where the shoring cannot be removed, the plans must detail that the shoring will be cut to 150mm below footpath level and the gap between the shoring and any building shall be filled with a 5Mpa lean concrete mix.

 

31.       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.

 

32.       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

       (c)     slabs

       (d)     columns

       (e)     structural steel

       (f)      reinforced building elements

       (g)     retaining walls

       (h)     stabilizing works

       (i)      structural framework

 

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

 

Domestic Waste:-  4 x 240 litre Mobile Garbage Bins (MGB’s);

Domestic Recycling:- 5 x 240 litre MGB’s.

 

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

 

The Waste Storage Area shall be located and constructed in accordance with the submitted Ground Floor Plan with unrestricted access to it from the Lawrence Street frontage.

 

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.

 

34.       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.

 

35.       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

 

36.       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.

 

37.       PREC7004 - Building - Structural Engineers Details - Supporting Council road/footway - Prior to the commencement of work in connection with the excavation of the site associated with the basement car park, structural engineer’s details relating to the method of supporting Council’s roadways/footways and adjoining land must be submitted to the satisfaction of Council’s Building Control Department.

 

38.       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.

 

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,

(c)      Photographs showing the existing condition of the footpath pavement fronting the site,

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

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

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

 

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

 

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

 

39.       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 Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.

(f)         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.

(g)        Other.

      

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

 

DURING WORK

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

 

40.       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 in Gover Street

 

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

 

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.

 

42.       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.

 

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

 

44.       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.

 

45.       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.

 

46.       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.

 

47.       CON8001 - Waste - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the Principal Certifying Authority and a copy provided to the Manager Environmental Services, Hurstville City Council.

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

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

 

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

 

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

 

50.       OCC2006 - Development Assessment - Post Construction Dilapidation report - Private Land - At the completion of the construction works, a suitably qualified person is to be engaged to prepare a post-construction dilapidation report.  This report is to ascertain whether the construction works associated with the subject development created any structural damage to the following adjoining premises:

(a)     All properties with a common boundary to the subject site at 66 and 68 Lawrence Street, Peakhurst.

 

The report is to be prepared at the expense of the beneficiary of the consent and submitted to the Principal Certifying Authority (PCA) prior to the issue of the Occupation Certificate.  In ascertaining whether adverse structural damaged has occurred to the adjoining premises, the PCA, must compare the post construction dilapidation report with the pre-construction dilapidation report required by conditions in this consent.

 

Evidence confirming that a copy of the post construction dilapidation report was delivered to the adjoining properties subject of the dilapidation report must be provided to the PCA prior to the issue of the Occupation Certificate.

 

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

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

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

 

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

 

52.       OCC7002 - Building - Slip Resistance    - Floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in wet rooms in any commercial/retail/residential units are to comply with the slip resistant requirements of AS1428.1 (general requirements for access/new building work) and AS1428.4 (tactile ground surface indicators) and AS2890.6 (off-street parking).  Materials must comply with testing requirements of AS/NZS4663:2002.

 

53.       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. 509610M dated 23 October 2013, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

 

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

 

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

 

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

 

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

 

The report must include the following:

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

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

(c)      Photographs showing the condition of the footway including footpath pavement fronting the site

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

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

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

 

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

 

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

 

57.       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 road related area;

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

(c)     Removal of redundant driveways and vehicular crossings;

(d)     New footpaths within the road related area;

(e)     Relocation of existing power/light pole

(f)      Relocation/provision of street signs

(g)     New or replacement street trees;

(h)     New footway verges, where a grass verge exists, the balance of the area between the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street.

(i)      New or reinstated kerb and guttering within the road related area; and

(j)      New or reinstated road surface pavement within the road.

 

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.

 

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

(a)   Residential dwellings: Nineteen (19) - (one (1) space per one (1) or two (2) bedroom unit and two (2) spaces per three (3) or more bedroom unit, one (1) accessible car space per adaptable/accessible unit)

(b)   Residential visitors: Four (4)

(c)    Car wash bay: One (1) which can be a visitor’s space

 

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

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

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

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

 

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

 

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

 

ONGOING CONDITIONS

These conditions have been imposed to ensure that the use or operation of the development does not adversely impact on the amenity of the neighbourhood or environment.

 

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

 

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

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

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

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

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

           

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

 

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

 

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

 

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

           

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

 

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

 

(a)   Unit Numbering

Apartment type numbers shall be installed adjacent or to the front door of each unit. The unit number shall coincide with the strata plan lot numbering.

(b)   Car Parking Space Marking and Numbering

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

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

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

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

 

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

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

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

 

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

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

 

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

 

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

 

(e)     On Site Detention Requirements

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

 

(f)      Creation of Positive Covenant

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

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

 

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

 

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

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

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

(c)      Any unit’s parking space or storage area is not strata subdivided as separate strata lot.

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

 

ADVICE

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

 

68.       ADV3002 - Development Engineering - Existing sewer main - Council’s records show an existing sewer main running across the rear portion of the site. All Sydney Waters requirements shall be satisfied for the construction of the building

 

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

·      Mechanical ventilation for the car park exhaust system.

·      Fire fighting 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.

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

·      Fire compartmentation and separation.

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

·      Exit travel distances and discharge from fire stairs must demonstrate compliance with the BCA, in particular access to the southern most exit stairway from the basement car park area.

·      Sound transmission and insulation details.

·      Disabled access that complies with the BCA and with AS 1428.1:2009.

·      Certified alternative fire engineering reports where required.

 

70.       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.

 

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

 

72.       ADV2002 - Development Assessment - Site Safety Fencing - Site fencing must be erected in accordance with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling.  The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

 

For more information visit www.workcover.nsw.gov.au

 

Schedule B – Prescribed Conditions

 

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

 

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

 

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

 

73.       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.

 

74.       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.

 

75.       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.

 

76.       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.

 

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

 

Schedule C – Operational & Statutory Conditions

 

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

 

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

 

78.       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.

 

79.       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.

 

80.       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.

 

81.       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.

 

82.       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.

 

83.       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.

 

84.       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 66-68 Lawrence Street PEAKHURST click here

 

 

APPENDICES

Appendix View1

Location map - 66 and 68 Lawrence Street Peakhurst

Appendix View2

Photo - front - 66 Lawrence Street Peakhurst

Appendix View3

Photo - front - 68 Lawrence Street Peakhurst

Appendix View4

Photo - 70 Lawrence Street Peakhurst

Appendix View5

Photo - 64 Lawrence Street Peakhurst

Appendix View6

Elevations - 68 Lawrence Street Peakhurst

Appendix View7

Site Analysis - 68 Lawrence Street Peakhurst

Appendix View8

Elevation - 68 Lawrence Street Peakhurst

Appendix View9

Landscape plan - 68 Lawrence Street Peakhurst

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL112-14             66 - 68 Lawrence Street Peakhurst - Demolition of existing structures and construction of a three storey residential flat building with basement car parking

[Appendix 1]           Location map - 66 and 68 Lawrence Street Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL112-14             66 - 68 Lawrence Street Peakhurst - Demolition of existing structures and construction of a three storey residential flat building with basement car parking

[Appendix 2]           Photo - front - 66 Lawrence Street Peakhurst

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL112-14             66 - 68 Lawrence Street Peakhurst - Demolition of existing structures and construction of a three storey residential flat building with basement car parking

[Appendix 3]           Photo - front - 68 Lawrence Street Peakhurst

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL112-14             66 - 68 Lawrence Street Peakhurst - Demolition of existing structures and construction of a three storey residential flat building with basement car parking

[Appendix 4]           Photo - 70 Lawrence Street Peakhurst

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL112-14             66 - 68 Lawrence Street Peakhurst - Demolition of existing structures and construction of a three storey residential flat building with basement car parking

[Appendix 5]           Photo - 64 Lawrence Street Peakhurst

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL112-14             66 - 68 Lawrence Street Peakhurst - Demolition of existing structures and construction of a three storey residential flat building with basement car parking

[Appendix 6]           Elevations - 68 Lawrence Street Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL112-14             66 - 68 Lawrence Street Peakhurst - Demolition of existing structures and construction of a three storey residential flat building with basement car parking

[Appendix 7]           Site Analysis - 68 Lawrence Street Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL112-14             66 - 68 Lawrence Street Peakhurst - Demolition of existing structures and construction of a three storey residential flat building with basement car parking

[Appendix 8]           Elevation - 68 Lawrence Street Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL112-14             66 - 68 Lawrence Street Peakhurst - Demolition of existing structures and construction of a three storey residential flat building with basement car parking

[Appendix 9]           Landscape plan - 68 Lawrence Street Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL113-14        3 - 7 Gover Street Peakhurst - Demolition of existing and construction of new three storey residential flat building containing 23 units and basement parking 

Applicant

Design Workshop Australia

Proposal

Demolition of existing and construction of new three storey residential flat building containing 23 units and basement parking

Owners

Younan Management Pty Ltd, Nassif Family Holdings, MJN Australia Pty Ltd

Report Author/s

Development Assessment Officer, Mr M Raymundo

File

DA2013/0268

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone R3 – Medium Density Residential

Existing Development

Three (3) dwelling houses

Cost of Development

$5,800,000.00

Reason for Referral to Council

Two (2) variations to SEPP 65, minor variations to DCP1and fifty three (53) submissions received

Planning Instruments Applicable

Hurstville Local Environmental Plan 2012, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index (BASIX) 2004, State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development, Development Control Plan No 1 – LGA Wide – Section 2.2 Resident Notification, Section 3.1 Car Parking, Section 3.3 Access and Mobility, Section 3.4 Crime Prevention through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On-Site Detention (OSD) Requirements, Section 3.8 Fences adjoining Public Roads, Section 3.9 Waste Management, Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environment Plan Interpretation of Use

Demolition, residential flat building

 

EXECUTIVE SUMMARY

1.         The proposal seeks development consent for demolition of existing and construction of new three (3) storey residential flat building containing twenty three (23) units and basement parking on land known as 3–7 Gover Street, Peakhurst.

2.         The site forms an irregular shaped allotment impacted by topography and consequently the proposal seeks variations to SEPP 65 - Residential Flat Design Code and minor variations to Development Control Plan No 1 – LGA Wide. These matters are dealt with in the report.

3.         The proposal was notified to eleven (11) owners/residents. In response, fifty three (53) submissions were received. The subsequent amended plans were not renotified as minor changes were sought which did not generate a greater impact than the original proposal.

4.         The application was deferred at the Council meeting of 7 May 2014 for a site inspection. The inspection was held on 12 May 2014 and subsequently an additional boundary section was requested from the applicant for clarification.

 

AUTHOR RECOMMENDATION

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

 

REPORT DETAIL

 

DESCRIPTION OF THE PROPOSAL

The proposal seeks development consent for demolition of existing and construction of new three (3) storey residential flat building containing twenty three (23) units and basement parking on land known as 3–7 Gover Street, Peakhurst. In detail, the proposal is described as follows.

 

·    Demolition of existing dwellings and ancillary structures,

·    Construction of three (3) storey residential flat building comprising of twenty three (23) units - three (3) x one (1) bedroom, twenty (20) x two (2) bedroom units,

·    Basement accommodating a total of twenty nine (29) car spaces – twenty three (23) resident (inclusive of three (3) accessible spaces) and six (6) visitor spaces,

·    Removal of eight (8) trees on site and retention of (4) trees located within the site and on the Council reserve,

·    Associated landscaping, driveway along north Gover Street secondary frontage,

·    A 1.8m high fence setback 1.5m from front Gover Street east primary boundary.

 

Amended Plans 12 December 2013

·    Minor internal and external changes,

·    Main entry width increased,

·    Re-alignment of additional landscape planting along south side boundary,

·    Tree within north secondary frontage (Tree No 2 – referred to within arborist report) to now be retained,

·    Increase/reconfiguration of communal open space and landscaped areas,

·    Second bedrooms within units 5 and 13 replaced by study rooms.

 

Amended Plans 23 January 2014

·    Amended common area with planter boxes,

·    Planting strip in front of fences along Gover Street east frontage,

·    Revised colours and materials schedule,

·    Internal main corridor widened,

·    Courtyards increased,

·    Minor internal and external alterations.

 

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is legally described as Lots 120, 113 and 112 in DP 36368 and is known as 3, 5 and 7 Gover Street, Peakhurst. The site forms an irregular shaped allotment and is dimensioned as follows 60.3m along the east primary Gover Street frontage, 9.57m arch along the north front corner, 16.15m along the north secondary Gover Street frontage, 34m along the west side boundary, 10.4m along the northern rear (dog leg) boundary, 29.56m along the west rear boundary and 36.57m along the south side boundary with a total area of 1,969sqm. The site slopes with a maximum fall of approximately 3.78m. Three (3) detached dwellings and associated structures are located on site. Six (6) trees are located within the subject site and six (6) trees are located within the Council reserve.

 

The surrounding area comprises of a mixture of development types. The adjoining north west development at 1 Gover Street and 2 Lawrence Street comprises of a Housing NSW townhouse style development. Adjoining properties to the south west rear are occupied by single dwellings. It is noted that a development application for a residential flat building has been lodged and is currently under assessment for 4-6 Lawrence Street. 9 Gover Street to the adjoining (side) south east is occupied by a two (2) storey dwelling. Peakhurst Park is located on the opposite side of Gover Street to the north east.

 

COMPLIANCE AND ASSESSMENT

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

 

1.      Environmental Planning Instruments

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

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

 

Clause

Standard

Proposal

Complies

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

In accordance with clause

Yes

1.4 - Definitions

“Residential Flat building”

“Residential Flat building”

Yes

2.3 - Zone objectives and Land Use Table

Meets objectives of R3 Zone

 

Development must be permissible with consent

Meets zone objectives

Yes

2.7 - Demolition

Demolition is permissible with consent

Demolition sought

Yes

4.3 – Height of Buildings

12m as identified on Height of Buildings Map

12m

Yes

4.4 – Floor Space Ratio

1:1 as identified on Floor Space Ratio Map

1:1

Yes

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP1

After assessment for application removal of seven (7) trees with retention of five (5) trees

Yes

6.1 – Acid Sulfate Soils

Acid Sulfate Soils Management Plan must be prepared

Not affected

 

Yes

6.7 – Essential Services

Development consent must not be granted to development unless services that are essential for the development are available

Essential services are available to the development

Yes

 

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

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

 

State Environmental Planning Policy

Complies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

State Environmental Planning Policy 55 – Remediation of Land

Yes

State Environmental Planning Policy (Building Sustainability Index BASIX) 2004

Yes

 

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

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

 

Application of SEPP 65

 

Clause

Standard

Proposal

Complies

3 -  Definitions

Complies with definition of “Residential Flat Building” (RFB)

Complies with definition

Yes

4 - Application of Policy

Development involves the erection of a new RFB, substantial redevelopment or refurbishment of a RFB or conversion of an existing building into a RFB

Erection of a new residential flat building

Yes

30 – Development Applications

Design verification statement provided by Qualified designer

 

Registered Architect Name and Registration No.

Design verification statement provided by registered architect

 

Robert Gizzi

Reg No. (8286)

Yes

 

 

 

Yes

         

Part 2 Design Quality Principles under the SEPP

 

Clause

Standard

Proposal

Complies

1 – Context

Good design responds and contributes to its context (e.g. natural and built features of an area)

Proposed design is considered to appropriately respond to the corner location of Gover Street and utilise the slope of the site which falls to the street.

Yes

2 – Scale

Good design provides an appropriate scale in terms of the built and height that suits the scale of the street and surrounding buildings

 

The proposed development is considered to be of an appropriate built form in a prominent corner location. The design of the building is considered to relate well to the consolidation of the allotments and context of the surrounding area.

Yes

3 – Built form

Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements.

The proposal is considered to result in an appropriate built form in relation to building lines with the use of a mixture of contemporary materials and articulation.

Yes

4 - Density

Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents).

The proposal is considered to result in appropriate density of the site which does not result in any unacceptable amenity for the proposed units or surrounding area.

Yes

5 – Resource, energy and water efficiency

Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction.

The proposal complies with the requirements of BASIX and council’s controls in relation to energy efficiency.

Yes

6 - Landscape

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain.

The proposal seeks appropriate harmonious relationship in regards to the elements of built form and landscape. The proposal is considered to result in a high quality design resulting in good amenity for future occupants and the surrounding area.

Yes

7 - Amenity

Good design provides amenity through the physical, spatial and environmental quality of a development.

The proposal is considered to result in high level of amenity.

Yes

8 – Safety and Security

Good design optimises safety and security, both internal to the development and for the public domain.

The design does not result in any adverse impacts in relation to safety or security within the site or beyond which allows for passive natural surveillance.

Yes

9 –Social dimensions and housing affordability

Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities.

The proposal provides a mixture of unit composition and accessible units which are considered to be satisfactory.

Yes

10 - Aesthetics

Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development.

The proposal seeks a design which is considered to of a high standard incorporating contemporary design elements, materials and colours.

Yes

 

Clause 30 – Consideration of Residential Flat Design Code Design Controls

 

Clause

Standard

Proposal

Complies

Building Height

Ensure future development responds to desired future scale and character of street and local area

The proposed development seeks an appropriate size and scale which is considered to be compatible with the future desired character of the area whereby residential flat buildings are permitted.

Yes

Building Depth

Maximum 18m (glass line to glass line). For wider buildings must demonstrate how satisfactory daylight and natural ventilation are achieved

25.2m

Yes (1)

Building Separation

3 to 4 storeys/12m:

-12m between habitable rooms/balconies to habitable rooms/balconies

-9m between habitable rooms/balconies to non-habitable rooms

-6m between non habitable rooms to non habitable rooms

 

7.2m (to adjoining southern side double storey dwelling)

 

7.2m (as above)

 

 

6m

 

No (2)

 

 

No (2)

 

 

Yes

Street setbacks

Use different setback controls to differentiate between urban and suburban character areas.  5m -9m range is typical in suburban areas

5.4 - 9m range along primary and secondary frontages

Yes

Side and rear setbacks

Relate side setbacks to existing streetscape patterns.

Setbacks considered to be sympathetic to existing streetscape character.

Yes

Floor Space Ratio (FSR)

To ensure that the development is in keeping with the optimum capacity of the site and the local area. FSR is not specified in the Design Code.

The proposal complies with the maximum FSR of 1:1.

Yes

Deep Soil Zones

A minimum of 25% of the open space area of a site should be a deep soil zone

30%

Yes

Fences and walls

Clearly delineate the public and private domain

The proposal seeks 1.8m high front fences which are setback 1.5m from the street. These front fences are conditioned to be 50% transparent to allow for greater opportunities for passive natural surveillance

Yes - conditioned

Landscape design

Landscape design should optimise useability, privacy, social opportunity, equitable access and respect neighbour’s amenity.

The proposal is considered to utilise and optimise amenity for principle open space for each unit, common open space to the rear and landscaped areas contained within the site.

Yes

Open Space

Communal open space should be generally 25% of the site area.

Min private open space for apartment at ground level/podium is 25sqm. Min preferred dimension in one direction is 4 metres

6.1%

 

 

More than 25sqm provided for each unit

 

More than 4m in one direction.

No (3)

 

 

Yes

 

 

Yes

Orientation

Position and orientate buildings to maximise solar access

Development is utilised to maximise opportunities for solar access to each unit and lowering of building to reduce impacts to neighbouring properties where practicable.

Yes

Planting on structures

Design for optimum conditions for plant growth

Proposal has provided appropriate locations and dimension on site for deep soil, landscaping and planter bed.

Yes

Stormwater Management

Reduce the volume impact of stormwater on infrastructure by retaining it on site.

 

Stormwater to drain to street, no unacceptable impacts generated by development.

Yes

Safety

Undertake a formal crime prevention assessment of the development

Proposal is considered to adopt passive natural surveillance within design to reduce opportunities for crime.

Yes

Visual privacy

Provide reasonable levels of visual privacy.

Appropriate design elements, offsets and privacy treatments proposed between units and adjoining properties.

Yes

Building Entry

Create entrance which provides a desirable residential identity for development

Entrance is centrally located along east Gover Street frontage which is considered to be easily accessible and suitably located in relation to the entrances of each unit, common open space and lift core and basement below.

Yes

Parking

Provide adequate car parking for the building and integrate parking with the design of the building

Compliant levels of car parking and accessibility provided. Basement car park layout is considered to be well integrated with the three floors above in relation to access.

Yes

Pedestrian Access

Promote residential flat development that is well connected to street and contributes to accessibility.

 

Barrier free access to at least 20% of units

The proposal is considered to be a clear and direct building which effectively communicates pedestrian and vehicular access points.

Barrier free 20%

Yes

 

 

 

 

 

Yes

Vehicle Access

Limit width of driveways to 6 metres.

Integrate adequate car parking and servicing access without compromising character

5.4m width

 

Car parking contained within basement level, driveway location is considered to be most appropriate on the secondary frontage of Gover Street given the location and irregular configuration of the site.

Yes

Apartment Layout

-Maximum depth from window of single aspect apartment 8.0m

-The back of a kitchen should be no more than 8 metres from a window.

-Width of cross-over apartments more than 15 metres deep should be a minimum of 4 metres

Less than 8m

 

 

Less than 8m

 

 

Minimum 4m

Yes

 

 

Yes

 

 

Yes

Apartment Mix

To provide a diversity of apartment types, which cater for different household requirements now and in the future

Various composition of apartment type; 5 x 1 bedroom and 20 x 2 bedroom units (composition after amended plans)

Yes

Balconies

Primary balconies to be a minimum of 2 metres in depth

2m min

Yes

Ceiling Heights

Residential buildings/floors

-habitable rooms minimum 2.7m

-non habitable rooms minimum 2.25m

 

 

2.7m

 

2.25m

 

 

Yes

 

Yes

Flexibility

Provide apartment layouts which can accommodate the changing use of rooms

Units are generally of an open plan nature

Yes

Ground floor apartments

Optimise the number of ground floor apartments with separate entries.

 

Ensure ground floor apartments have access to private open space.

Ground floor units 1, 2, 4, 5 and 6 contain additional separate courtyard entries.

 

All ground floor units have individual private open space

Yes

 

 

 

Yes

Internal Circulation

Maximum of 8 units to be accessible from a double loaded corridor.

8 units

Yes

Storage

To provide adequate storage for every day household items within easy access of the apartment

1br = 6m³

2br = 8m³

3br= 10m³

Adequate storage provided within each unit composition in the form of storage/robes.

Yes

Acoustic Privacy

Protect acoustic privacy of residents in apartments and in private open spaces

Adequate privacy

Yes

Daylight Access

-Min 70% of units receive min 3 hours of solar access for dense urban environment

 

-Max 10% units southerly aspect

More than 70% solar access achieved to units

 

 

 

10% maximum southerly (south-east / south-west) aspect due to orientation and irregular shape of site

Yes

 

 

 

 

Yes

Natural Ventilation

-60% of residential units should be naturally cross ventilated.

 

-25% of kitchens should have access to natural ventilation.

More than 60%

 

 

 

25% of kitchens have access to natural ventilation.

Yes

 

 

 

Yes

Facades

Facades must define and enhance the public domain and desired street character

Appropriate façade and articulation to positively enhance the public domain.

Yes

Roof design

Provide quality roof designs which contribute to the overall design

Skillion low pitch roof design is considered to positively contribute to the streetscape

Yes

Energy efficiency

Reduce reliance on artificial heating and cooling

Compliant with BASIX requirements

Yes

Maintenance

Supply waste management plans as part of the development application

Provided as part of application

Yes

Water conservation

Encourage use of rainwater tanks, use AAA rated appliances and store rainwater on site

Valid compliant BASIX Certificate provided

Yes

 

(1) Building depth

The ‘rule of thumb’ states that “the maximum is 18m (glass line to glass line). For wider buildings must demonstrate how satisfactory daylight and natural ventilation are achieved”. The proposal adequately demonstrates compliant levels of daylight and natural ventilation which results in acceptable amenity for the future occupants whilst not resulting in any unreasonable amenity impacts to the surrounding area. The proposed building is considered to be well designed and the articulated façade does not result in any unacceptable bulk and scale impacts.

 

(2) Building separation

The ‘rule of thumb’ states 12m is desirable between habitable rooms/balconies to habitable rooms/balconies and 9m between habitable rooms/balconies to non-habitable rooms. The proposal seeks variations to these controls due to the existing adjoining development siting and irregular shape of the allotment. The proposal does not result in any adverse material privacy amenity impacts to adjoining properties due to the appropriate design, treatment and location of windows and balconies which minimise privacy impacts to adjoining development. It is also noted that the Unit 23 kitchen window on the second floor along the south side elevation is conditioned to form a high-light window with a minimum sill height of 1.6m above that floor level.

 

(3) Common open space

The ‘rule of thumb’ states that 25% of the site should be allocated for communal open space and further that “where developments are unable to achieve the recommended communal open space, such as those in dense urban areas, they must demonstrate that residential amenity is provided in the form of private open space and/or in a contribution of public space”. The proposal has provided 6.1% of communal open space, however given the shortfall it is considered to be satisfactory on the following basis.  Each ground floor unit proposed, complies with Council’s requirements for private open space, by providing over 50sqm for 2 bedroom units which is greater than the RFDC requirements (25sqm) and allows for appropriate amenity of each unit. It is noted that the applicant amended the design and improved amenity to the common open space to which the Design Review Panel supported.  It is also noted that Council’s controls do not prescribe any requirement for common open space to be provided on site, not withstanding, such amenity has been provided on site with an appropriate, size, dimensions, orientation and privacy to allow usable amenity to occupants of the development.

 

Advice from the Design Review Panel

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

 

PRINCIPLE 1 - CONTEXT

DRP advice:Acceptable”

 

DAO’s comment: Amended plans lodged, deemed to be acceptable by the DRP.

 

PRINCIPLE 2 - SCALE

DRP advice:Acceptable.”

 

DAO’s comment: Amended plans lodged, deemed to be acceptable by the DRP.

 

PRINCIPLE 3 – BUILT FORM

DRP advice:Entry has been widened and in this respect is satisfactory however note concern under ‘security below’.”

 

Applicant’s response:Entry widened.”

 

DAO’s comment: Amended plans lodged, deemed to be acceptable.

 

PRINCIPLE 4 – DENSITY

DRP advice:The Panel notes that the scheme does not comply and its marginally over the LEP control. No apparent reason is given to why this is supported.  Subject to clarification of FSR by Council staff.”

 

DAO’s comment: Proposal complies with Council’s Hurstville Local Environmental Plan 2012 maximum FSR control of 1:1.

 

PRINCIPLE 5 – RESOURCE, ENERGY AND WATER EFFICIENCY

DRP advice:The Panel continues to be unconvinced that the above solar access (70%) has been achieved. To be verified by Council. The landscape plan shows that 20% deep soil area (areas unimpeded by built form and structures including tanks) has been achieved however it is not clear whether this allowance excludes the proposed OSD tank and underground services. This should be recalculated and confirmed by Council.”

 

Applicant’s response:The applicant has recalculated the FSR and excludes the OSD and underground services.”

 

DAO’s comment: Proposal complies and is considered to be satisfactory in relation to this principle.

 

PRINCIPLE 6 – LANDSCAPE

DRP advice:The basement level has been modified to accommodate the retention of these trees however the applicant should include an arborist report identifying measure to protect this tree and the tree protection zones should be clearly nominated on all architectural drawings. Stormwater drainage including pits and pipe works should be removed from this area and clear of tree root-ball zones.

 

Street trees have been provided however the fencing appears to be high when viewed from the street. This should be reduced in height and sections provided to show this interface.

 

The design is an improvement. It is recommended that turf areas in shade be removed and replaced with shade tolerant shrub and ground cover planting along the rear boundary.”

 

DAO’s comment: Fencing conditioned to be 50% transparent, tree requirements and landscaping conditioned as part of any approval.

 

It is noted that the original landscape plan sought to provide a side pathway parallel along the south east side boundary. This pathway is required to satisfy Building Code of Australia travel distances within the development. The DRP requested amendments to this pathway, hence the applicant has provided a revised pathway with a 1m wide setback accommodating planting. This however, results in Unit 8 at the rear of the site having a shortfall of principle private open space whereby a minimum of 50sqm (with minimum dimension of 3m) is required.  It is considered that the pathway should be reverted back to the original location as this will result in negligible impact to the adjoining south eastern neighbour at 9 Gover Street and achieve compliance for private open space associated with Unit 8.

 

PRINCIPLE 7 – AMENITY

DRP advice:The Panel is not persuaded that the second bedrooms in Units 5 and 13 would remain studies and internal walls should be deleted.”

 

Applicant’s response:Unit 5 and Unit 13 bedrooms amended to form study rooms.”

 

DAO’s comment: Internal wall of Unit 7 between study room and living/dining room conditioned to be deleted.

 

PRINCIPLE 8 – SAFETY AND SECURITY

DRP advice:Deeply recessed main entrance doors could pose security problems and should be located closer to the street.”

 

Applicant’s response:Amended entry which is considered to be an improvement over original proposal resulting in greater security within the site.”

 

DAO’s comment: Acceptable.

 

PRINCIPLE 9 - SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY

DRP advice:Acceptable”

 

DAO’s comment: Acceptable.

 

PRINCIPLE 10 - AESTHETICS

DRP advice:The stark white finish of the building on the photo montage should be toned down. This should be reviewed so that it is a softer finish for the building and streetscape.”

 

Applicant’s response:Revised schedule of finishes provided to soften tone.”

 

DAO’s comment: Revised colours and materials schedule considered to be satisfactory.

 

2.      Draft Environmental Planning Instruments

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

 

Proposed Amendment to Peakhurst R3 Zone

Council at its meeting on 5 February, 2014 resolved in part to prepare a Planning Proposal to amend Hurstville Local Environmental Plan 2012 by changing the zoning of land currently zoned R3 Medium Density Residential to R2 Low Density Residential and bounded by Forest Road, Bonds Road, Trafalgar Street, Gover Street, Lawrence Street, Peakhurst Park and Jacques Avenue, Peakhurst. This Planning Proposal is currently under preparation and until the proposed amendment is made to the Hurstville Local Environmental Plan 2012, the subject application complies with the current R3 Medium Density Residential zoning. The intended amendment is not a relevant matter for consideration, until such time as the Planning Proposal receives a Gateway Determination and is placed on public exhibition.

 

Any other matters prescribed by the Regulations

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

 

Demolition

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

 

3.      Development Control Plans

 

Planning legislation changes for DCPs

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

 

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

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

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

 

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

 

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

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

 

Section 3.1 – Car Parking

Standard

Proposal

Complies

3.1.4.1 - Resident parking

1 or 2 bedroom – 1 space (23 units)

23 spaces

Yes

3.1.4.1 -Visitor parking (4 or more dwellings)

1 space per 4 dwellings or part thereof

 

6 spaces

Yes

3.1.4.2 –Dimension of car spaces, car parking layout, circulation, egress and egress

Compliance with AS2890.1 2004 and AS2890.2

 

Compliant with standards

Yes

3.1.4.3 – Stencilling of driveways

Finished with plain concrete

Finished with plain concrete

Yes

3.1.4.4 – Ramps transitions, driveways

Ramp grades to comply with AS2890.2 2004, Part 2

 

Longitudinal section 1:20 to be provided with development application

Compliant

 

 

Provided with application

Yes

 

 

Yes

 

3.1.4.5- Basement car parking

- Underground parking to be located under building footprint

- Minimise visual impact on street

 

 

-Mechanical ventilation and exhaust shafts to be illustrated in plans

Parking located under building footprint

 

Basement designed to minimise impact on street

 

Provided on plans

Yes

 

 

Yes

 

 

 

Yes

 

3.1.4.6 – Parking for people with a disability

Compliance with AS1428 – Design for access and mobility and AS2890.6

Compliant with standard

Yes

3.1.4.4 - Car washing area

1 space (which can be a visitor space)

 1 space

Yes

 

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

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

 

Section 3.3 – Access & Mobility

Standard

Proposal

Complies

Adaptable dwellings

1 adaptable dwelling/10 dwellings or part there of (min)

 

Adaptable dwelling complies with AS4299

3 (Units 7, 15 and  22)

Yes

 

Access requirements

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

Complies

Yes

Accessible car space

1 space per adaptable dwelling

 

Layout complies with Australian Standard

1 space per adaptable dwelling (3 in total)

 

Complies with standard

Yes

 

 

Yes

 

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

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

 

Section 3.4

Standard

Proposal

Complies

Site and building Layout

-Provide surveillance opportunities

-Building addresses street

--Habitable rooms are directed towards the front of the building

-Garages are not dominant

-Offset windows

Satisfactory

Yes

Building Identification

-Clearly numbered buildings

-Entrances numbered

-Unit numbers provided at entry

Conditioned as part of any  strata subdivision

Yes

Entrances

Clearly visible and not confusing

Entrance on Gover Street which is clear and not confusing

Yes

Fencing

Allows natural surveillance to street

Upper portion open style fencing to allow natural surveillance to street

Yes

Blind Corners

To be avoided

No blind corners proposed in design, proposal is elevated above street levels and allows opportunities for natural passive surveillance

Yes

Communal Areas

Provide opportunities for natural surveillance

Opportunities for natural surveillance provided

Yes

Landscaping

-Avoid dense medium height shrubs

-Allow spacing for low growing dense vegetation

-Low ground cover or high canopy trees around car parks and pathways

-Vegetation used as a barrier for unauthorised access

Satisfactory

Yes

Lighting

-Diffused/movement sensitive lighting provided externally

-Access/egress points illuminated

-No light-spill towards neighbours

-Hiding places illuminated

-Lighting is energy efficient

Satisfactory

Yes

Security

Provide an appropriate level of security for each dwelling, communal areas and car park

Appropriate security provided for each dwelling, communal areas and car park

Yes

Car parks

Access to lifts and stairwells to be clearly defined

Access to lifts and stairwells are direct and delineated

Yes

Ownership

Use of fencing, landscaping, colour and finishes to imply ownership

Appropriate fencing, height and colours relate to individual ownership

Yes

Building maintenance

Use materials that can be easily cleaned or use anti-graffiti paint

 

Masonry, timber and concrete render proposed

Yes

 

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

An amended BASIX Certificate has been submitted with the application. The development meets the minimum target scores. The proposed development also complies with the solar access requirements of Development Control Plan No 1 in that the adjoining developments will receive appropriate solar access to their private open space area and habitable rooms.

 

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

The proposed development can drain in accordance with the requirements of Development Control Plan No 1. Council’s Team Leader – Subdivision and Development has raised no objection to the drainage of the development subject to conditions of consent being attached to any consent granted.

 

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

 The proposal seeks a front fence height of 1.8m along the eastern elevation fronting Gover Street. This is conditioned to be reduced to a maximum height of 1.5m and be 50% transparent. Subject to the above the proposal is considered to provide appropriate natural surveillance to and from the site and is considered to be well integrated into the development. In this regard, the proposed development is considered to satisfy the intent of this subsection.

 

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

 

Section 4.3

Standard

Proposal

Complies

Minimum Street Frontage

24m

64.4m ( including tangent measured in a straight line)

Yes

Residential density (Floor Space Ratio)

As per Hurstville LEP 2012

As defined

Yes

Landscaped Area

20%

 

20%

Yes

Maximum Building Height

As per Hurstville LEP 2012

(12 metres)

As defined

Yes

Front Site Height Maximum

12m

12m

Yes

Rear Site Height Maximum

12m

12m

Yes

Number of habitable storeys at front of site

3 storeys

3 storeys

Yes

Number of habitable storeys at rear of site

3 storeys

3 storeys

Yes

Minimum Private Open Space Area

Ground floor level

Must not be located forward of the building line

 

<3bedrooms – 50sqm

Min dimension – 3m

 

Upper levels

< 3 Bedroom – 12sqm

Min width - 2.5m

Direct access from living room

Unit 2 partially located forward of building line

 

 

 

More than 50sqm

3m

 

 

More than 12sqm

Min width 2.5m

Direct access from living room

No (1)

 

 

 

 

Yes

Yes

 

 

Yes

Yes

Yes - Unit 3 conditioned to have direct access from living room

Minimum Principal Private Open Space Area

Ground floor

< 3 bedrooms – 4m x 4m

 

 

 

1:20 (max)

 

Upper levels

< 3 Bedroom – 12sqm

 

Unit 2, less than 4m in one direction, Units 3 and 7 conditioned to comply


1:20

 

 

More than 12sqm

 

No (1) – conditioned to comply

 

 

Yes

 

 

Yes

Landscape Plan

Landscape Plan to be submitted with the DA

Landscape plan provided with DA

Yes

Front Boundary Setbacks

 

Secondary Front Setback

Minimum 6m, balconies can project 1m

 

6m

5.4m -7.8m range

1m projection

 

6m

No (2)

Yes

 

Yes

Rear Boundary Setbacks

Minimum 6m, balconies can project 1m.

6m

No 1m projection

Yes

Minimum Side Boundary Setbacks

 

4.0m first and second floor

7.0m third floor

4m

 

5.7m (west side boundary)

 Yes

 

No (3)

Maximum excavation of natural ground level to accommodate ground floor

 

Building envelope

500mm

 

 

 

 

 

No encroachments within building envelope

1,200mm (south)

 

 

 

 

 

Minor encroachment to south side and west side envelopes

No (4)

 

 

 

 

 

No (5)

Driveways, access lanes and car parking

 

>20m – Must not occupy more than 33%

 

25% along secondary frontage

 

Yes

Garages and car ports

Garages must not visually dominate the street facade

Garage recessed within building footprint.

Yes

Basement parking

Basement cannot extend more than 1m above natural ground level

Less than 1m

Yes

Visual Privacy

Habitable windows within 9m to be offset 1m or screened

Appropriate screening, treatment and location of windows

Yes

Solar Design & Energy Efficiency

3hrs of sunlight upon the  open space areas of adjacent dwellings between 9am -3pm on 21 June

3 hours solar access to principle private open space of adjoining dwellings during Winter Solstice. It is noted residential flat buildings form a permissible development on adjoining properties.

Yes

Fences at the front boundary

Fences facing the street – Max 1m in height

 

If Private Open Space has a common boundary to public space, height may be increased to 1.8m (must be 50% of fence to be open)

1.8m along primary frontage to Gover Street

Yes – conditioned  to be lowered to a maximum of 1.5m and 50% open style as fences located above retaining walls

Site Services

Site must be serviced by standard utilities

Site serviced by standard utilities

Yes

Storage

6 cubic metres per dwelling

6 cubic metres

Yes

 

(1) Principle private open space

Council’s controls require a minimum of 4m x 4m principle private open space behind the building line. The proposal seeks a variation to this clause in relation to ground floor Unit 2 which is centrally located on ground floor fronting the north western frontage of Gover Street. The extent of the variation provides principle private open space in the form of a courtyard dimensioned 4.43m width x 2m depth (behind the building line) resulting in a total in a shortfall of 1.21m depth which is contained forward of the building line. The applicant’s Statement of Environmental Effects has concluded on the extent of the variation as follows;

 

“Overall, it is considered reasonable that the ground floor principal private open space areas do not comply with the 4m x 4m dimension requirement. The ground floor courtyards provide adequate space for enhanced residential amenity. They have adequate solar access and are integrated into the design. Each unit is provided with a minimum 50sqm private open space to ensure adequate space for private recreation. These units front a public park which also encourages residents to use the outdoor recreation area”

 

Furthermore, it is considered to be acceptable for the following reasons;

·    The irregular shape and length of frontage results in units principle private open space to be indented within the building footprint. Further depth to comply with Council’s controls would result in poor solar access impacts to the key habitable rooms within this unit.

·    The proposal seeks a width of an additional 4300mm over the minimum required dimension of 4m which is considered to positively contribute to usable amenity of this principle private open space.

·    Council’s controls require a minimum private open space of 50sqm for a two (2) bedroom unit. The proposed Unit 2 provides a minimum private open space of 59sqm which is 18% more than Council’s prescribed requirement which results in increased amenity.

·    The proposal seeks to provide privacy amenity to this courtyard by proposing a 1.8m high front fence around the courtyard. This front fence of Unit 2 as of all front fences of Units 1, 5 and 6 are conditioned to be reduced in height to a maximum of 1.5m and must be 50% open and transparent to allow for passive natural surveillance. 

 

Given that the finished level of the principal private open space is higher than the street level and with the use of landscaping and fencing, this area will remain private from the street.

 

For the above reasons, the variation is considered to be minor in nature and on the balance of the extent of the variation, intent of the objectives, provision of usable amenity for future occupants and impacts with the site and surrounding area. The proposed variation is supported on merit.

 

(2) Front setback

The proposal seeks a minor negligible non compliance with Council’s prescribed controls which requires 6m, whereby the proposal seeks a minimum front setback of 5.4m (resulting in a shortfall of 600mm) comprising of two (2) building elements - 6.4m and 2.9m in length (9.3m in total) of centrally located ground floor Unit 2, first floor Unit 10 and second floor Unit 18 above. These elements comprise of a minor element of the total building width of 54.4m which add to articulation and visual interest which is supported on merit.  It is also noted that other elements fronting the street located behind Council’s 6m prescribed control ranging from 6m – 7.8m along the primary Gover Street east elevation and 9m along the secondary Gover Street north elevation. Therefore in this regard, the extent of the non compliance is considered against other front setbacks which are more generous than Council’s minimum front setback controls and on merit are considered to be satisfactory.

 

(3) Side setback

Council’s controls prescribe a minimum side setback of 7m. The site forms an irregular shaped allotment with a dog leg within the west side boundary which adjoins a two storey townhouse development. The proposal seeks a variation to Council’s prescribed controls seeking a setback of 5.7m setback along the west side boundary. This proposal results in a varying shortfall of 1.3m (maximum) across a span of 10m of the second floor.

 

The proposed variation is supported on its merits for the following reasons;

·    Due to the irregular shape of the allotment and strict compliance with Council’s setback controls the variation results in appropriate layout for Units 19 and 20.

·    The stepping of the side elevation adds visual interest and articulation rather than strictly complying with the 7m third floor setback, the proposal which results in a built form which is contemporary. Furthermore, it is noted that balconies may extend up to 4.5m from the side boundary, however no side balconies are sought therefore reducing bulk and scale impacts.

·    The proposed variation will not result in any acceptable overshadowing, solar access as compliant levels of solar access are achieved to neighbouring properties of at least 3 hours during Winter Solstice in accordance with Council’s controls.

·    The extent of the proposed variation will not result in any unacceptable privacy impacts along the west elevation. The windows located within the variation comprise of 1.6m highlight windows which reduce direct overlooking impacts to the adjoining property.

·    The proposed side setback results in appropriate spatial separation to the established surrounding developments given the size and scale of the development. The spatial separation allows for appropriate visual amenity between properties.

 

For the above reasons, the proposed development is considered acceptable given the irregular shape of the site, negligible impact and objectives being satisfied.

 

(4) Maximum excavation

Council’s controls limit maximum excavation of 500mm to accommodate the floor level to comply with building envelope controls.

·    The proposal seeks a maximum excavation of 1,200mm to accommodate the ground floor Units 7 and 8 located within the rear south corner. The proposed variation is considered to be satisfactory given the extent of the variation is not considered to undermine the intent of the clause but rather to reduce visual bulk of the development.  Alternatively, if the extent of excavation was limited to 500mm to accommodate the floor level, this would likely attribute to additional visual bulk and overshadowing impacts to south west, south and south east adjoining properties resulting in reduced surrounding amenity. By proposing additional excavation, this results in a balance in providing acceptable amenity for Units 7 and 8 and reducing unnecessary impacts to adjoining properties.

·    The proposed variation allows for sufficient levels of solar access and amenity to Units 7 and 8. Key habitable rooms of these units living/dining room are orientated to the north west maximising solar access.

·    The extent of the variation does not result in any unacceptable amenity, privacy, overshadowing, bulk and scale impacts (proposal complies with Hurstville Local Environmental Plan 2012 FSR and height) and is attributed to the higher topography of the site within the south west corner.

 

For the above reasons, the extent of the variation is considered be to acceptable as the objectives and intent of the clause has been satisfied.

 

(5) Building Envelope

Council’s controls prescribe a building envelope control. The proposal seeks encroachments variation due to the slope of the site and irregular allotment shape. The proposal seeks encroachments to the side building height plane from on two (2) elements - the first being the southern side boundary and the second being the western side boundary.

 

In relation to the southern side boundary, the proposed variation has been considered against the objectives and intent of the controls the proposal is considered to satisfy the underlying intent of the planning controls in the following way.

 

The proposed extent of the variation allows for a practicable and reasonable built form to be located on site. The variation is minor in nature and does not comprise of any floor area or external walls but is limited to balustrades, eaves and awnings which do not result in any unacceptable material privacy or overshadowing impacts to the adjoining properties. The extent of the variation at its worst spans a 1.4m which is considered to be negligible, the use of materials, articulation, depth and modulation add to visual interest and does not result in this minor variation apparent when viewed from the street.

 

Regarding the west side boundary, similarly as previously addressed within side setbacks, the proposal results in a technical variation along the side west building envelope due to the irregular shaped allotment. The extent of the variation is not considered to undermine the intent of the control or objectives of this control as no unacceptable or unreasonable amenity impacts arise from this variation.

 

RECENT LAND AND ENVIRONMENT COURT DECISIONS

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

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

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

 

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

 

Further the Commissioner concluded that:

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

…..

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

 

It is apparent that the Land and Environment Court will accept compliance with FSR and height controls, and minor variations where the objectives of those controls are met.

 

4.      Impacts

 

Natural Environment

The proposal is not considered to result in any unacceptable impacts to the natural environment. The proposal seek the removal of seven (7) trees and retention of (5) trees which is supported by Council’s Senior Tree Management Officer. The extent of cut and fill is not considered to result in any unacceptable drainage or amenity impacts to future occupants, adjoining properties or beyond.

 

Built Environment

The proposal is not considered to result in any unacceptable impacts to the built environment. As previously discussed, proposed variations regarding secondary front setback and building envelope are supported on merit as the objectives of the controls have been met and no unacceptable impacts arise.

 

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

 

Senior Traffic Engineer Comments:

 

i. Existing Traffic Environment

Gover Street is a 715m long, 15m wide road reserve (approx. 7m carriageway), local road extending from Lawrence Street to Pearce Avenue, Peakhurst and performs a local residential road function with Council’s road hierarchy. The road services Zone R3 residential zoned land and a section of 217m fronts onto Peakhurst Park with sections provided with 90 degree angled parking.

 

Currently turning movements at Lawrence Street and Pearce Avenue are not restricted. Give way signage is in place at the Gover Street and Trafalgar Street intersection. The posted speed limit for Gover Street is 50km/h.

 

Recent traffic counts undertaken by Council in September 2013 (outside 35A Gover Street) found:

·    The 85th percentile speed of the traffic on both directions to have a combined average of 54km/h,

·    The 50th percentile speed of the traffic on both directions to have a combined average of 43km/h,

·    The weekdays Average Annual Daily Traffic for the five (5) days in both directions combined is 275 vehicles per day,

·    The seven (7) days Average Annual Daily Traffic in both directions combined is 265 vehicles per day.

 

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

 

ii. Proposed Development - Traffic Generation

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

 

Dwelling houses = 0.85phvt per dwelling

Medium Density residential flat buildings = 0.4-0.5 phvt

(up to two bedroom)

Medium density residential flat buildings = 0.5-0.65 phvt

(three of more bedrooms)

 

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

Number of Beds

Generation Rate (Max.)

Peak Hour Vehicle Trips (phvt)

5x1 bed

0.5

2.5

18x2 Bed

0.5

9

TOTAL

11.5

 

Deducting the traffic generated by three existing free standing dwellings (2.55phvt) results in an overall increase arising from the development of 8.95 phvt (round up figure).

 

iii. Cumulative Impact in Locality

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

 

Traffic Movements

Environmental Capacity RMS

(Max peak hour volume)

Existing Traffic Volumes

(phvt)

Proposed Increase

(phvt)

% Increase

Remaining

Environmental Capacity

Gover Street

200

38

8.95

23.5%

76.5%

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

 

iv. Need for Traffic Improvements in the Locality

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

 

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

Access onto Forest Road (State Road) is via traffic controlled intersections at Belmore Road and Jacques Avenue. Access is also available to Forest Road from Pearce Avenue via unconstrained turning movements. The intersection of Jacques Avenue and Belmore Road provides a sign posted roundabout and does not warrant improvements arising from the impact of this development.

 

vi. Sight distance and other safety issues

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

 

vii. On Street Parking in Locality

On-street car parking is not restricted in Gover Street.  Allowing cars to park on both sides of Gover Street, acts as traffic calming as it narrows the carriageway of Gover Street and accordingly creates an environment of caution for cars to slow down. All car parking for the development is provided on-site minimising any impact on on-street car parking availability. A survey of on-street car parking availability was undertaken in September 2013 and shows that kerb-side parking is readily available “

 

Social Impact

The proposal is considered to result in increased mixture of housing stock which also includes three (3) accessible units. The proposed development has no apparent social impacts.

 

Economic Impact

The proposed development is not considered to result in any adverse economic impacts.

 

Suitability of the Site

The proposal is considered to be suitable for the subject site for the reasons contained within this report.

 

5.      REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

The application was notified/advertised to eleven (11) adjoining residents/owners and fifty three (53) submissions objecting to the development were received in reply. The issues raised in the submissions are as follows.


Car parking impacts/Traffic generation

Comment: As previously discussed within this report, the proposal complies with Council’s controls for on-site residential and visitor car parking. Furthermore, Council’s Senior Traffic Engineer does not raise any concerns in relation to traffic generation of this proposal and its effects on the surrounding area.

 

Privacy impacts

Comment: The proposal complies with Council’s controls in relation to privacy to directly adjoining properties and is not considered to result in any unacceptable or unreasonable amenity impacts. As previously discussed within the report, the proposal generally complies with Council’s setback and building envelope controls, in instances where such minor variations are sought, appropriate design treatments such as increased sill heights for windows, off-set location of windows have been incorporated within the design to reduce material privacy impacts. However, the second floor Unit 23 kitchen window along the south (side) elevation is conditioned to form a high light window with a minimum sill height of 1.6m above that floor level to reduce privacy impacts to 9 Gover Street.

 

Inadequate pedestrian or vehicular access (loading and unloading)

Comment: The proposal results in appropriate safe pedestrian access from the north east Gover Street primary frontage which is clearly defined and is separate from the driveway which is located on the secondary north frontage of Gover Street. The proposed design does not result in any blind spots and allows for appropriate natural passive surveillance to and from the site. As previously discussed, it is noted that the proposed 1.8m high front fences in front of Units 1, 2, 5 and 6 are conditioned to be a maximum 1.5m in height with at least 50% open style fences to further improve natural surveillance.

 

Loss of property value due to proposed development

Comment:  No material evidence such as a valuers report has been provided to justify this claim. Loss of property value is considered beyond the scope of the development application as property market values are impacted by external factors to which this proposal does not relate to such as ie supply and demand, market conditions, etc.

 

Solar access/overshadowing impacts

Comment: As previously discussed within this report, the proposal results in compliant levels of solar access to adjoining properties during Winter Solstice. The most affected property being 9 Gover Street to the (side) south receives at least 3 hours solar access to the majority of the principle private open space of this property during the times of 9am – 12pm. It is noted that overshadowing generated by the minor building envelope variation on the south east (side) is negligible with the additional overshadowing impacts. The proposal will have an overshadowing affect on neighbouring plants and vegetation however this is unavoidable due to the orientation of the site and given that the proposal complies with the applicable controls for most part, the variations sought are minor in nature and are not considered to seriously exacerbate overshadowing/solar access impacts.

 

Over development

Comment: The subject site is not considered to be an overdevelopment of the site. A planning assessment has been undertaken and has supported the proposal on its merits. The proposal complies with key controls prescribed within the Hurstville Local Environmental Plan 2012 regarding FSR, height and other provisions. The proposal has sought minor variations to Development Control Plan No 1 – LGA Wide however as previously addressed within the report, the proposed variations are supported on merit as the planning objectives of the controls have been satisfied.

 

Loss of significant trees or vegetation

Comment: The proposal sought the removal of a total of eight (8) trees, however this has been reduced to seven (7). The trees to be removed are of low arboricultural significance and are supported to be removed by Council’s Senior Tree Management Officer. The proposal seeks appropriate replacement tree planting along the rear west boundary and west side boundary to provide amenity between adjoining properties. Tree replacement planting is also located within both front setbacks along Gover Street, in addition to replacement planting of seven (7) trees on Council’s reserve in front of the property as shown on the approved landscape plan.

 

Inadequate stormwater drainage – existing overland flow, impact to adjoining properties

Comment: The proposed development is not considered to result in impacting existing overland flow as the site slopes from the rear south corner (high) to the north tangent point of Gover Street (low). The proposal results in adequate drainage to Gover Street and will not adversely affect the water table, or adjoining properties. The proposal is supported subject to conditions of consent.

 

Noise

Comment: The proposal is not considered to result in any unacceptable noise impact during construction or whilst being occupied. Appropriate conditions restricting times of construction have been imposed to ensure amenity is noise impacts are reduced to surrounding properties. Ongoing conditions in relation to occupation have been imposed to reduce unacceptable noise impacts.

 

Maximum excavation

Comment: Concerns were raised with the maximum excavation and that Council’s controls sought permitted only 0.9m excavation, however there are no prescribed requirements regarding maximum total excavation. Excavation sought seeks 4.6m to accommodate the basement level which is primarily located below the building footprint. This is not considered to result in any adverse impact to adjoining properties as standard conditions regarding; impact to adjoining properties, geotechnical report/dilapidation report will be required as part of the Construction Certificate. The proposed excavation is also unlikely to result in any adverse drainage impacts to surrounding properties as appropriate drainage to the Gover Street is sought.

 

Non complaint front setback

Comment: Concerns were raised regarding the proposed non compliant front setback. As previously addressed within the report this variation is supported as the objectives have been satisfied and the minor variation does not result in any unacceptable or significant material impacts.

 

Development out of character with area

Comment: The site is zoned R3 – Medium Density Residential within the Hurstville Local Environmental Plan 2012 and the surrounding area shares the same zoning. The area is undergoing a transition of change whereby, on its merits the proposal, given the subject site irregular allotment shape, context and location forms part of the desired character of the area hence is considered to be worthy of approval.

 

General non compliance with LEP or DCP

Comment: As previously discussed within this report, the proposal in full with Council’s Local Environmental Plan controls. The extent of the variations within the Development Control Plan are considered minor and are satisfactory as the proposal meets the underlying objectives of the controls and does not result any unacceptable or unreasonable planning impact to adjoining properties.

 

Amenity

Comment: Concerns were raised with the location of units would result in poor amenity regarding solar access and ventilation. As previously discussed within the report, ground floor Units 7 and 8 are within the rear southern corner however these proposed units receive adequate solar access given their location and the unit floor levels have been excavated into the natural ground level to better comply with Council’s building envelope controls. If these units were raised, this likely result in a poor built form with increased overshadowing impacts to adjoining properties. It is noted that the proposal meets the requirements for BASIX and adequate Building Code of Australia ventilation has been satisfied.

 

Non compliance with SEPP 65

Comment:  The proposal has sought variations to the ‘rule of thumb’ in relation to maximum building depth and common open space. As previously discussed within the report, the proposal meets the design and amenity objectives of these guidelines and are supported on merit.  The proposal complies with the requirements of 20% deep soil and in this regard is considered to be acceptable. A suggestion was made that deep soil could be improved by providing light wells to break up the building. The incorporation of light wells would not result in significantly improved amenity due to the north-south orientation of the site, given this orientation and topography light penetration would likely be limited and of no material value.

 

Council Referrals

 

Senior Environmental Health and Building Surveyor

Council’s Senior Environmental Health and Building Surveyor supports the proposal subject to conditions of consent.

 

Senior Traffic Engineer

Council’s Senior Traffic Engineer raises no concerns with the proposed development. It is noted that considerations for traffic impact have been previously addressed within this report under built environment.

 

Tree Management Officer

Council’s Tree Management Office supports the removal of the (7) trees and retention of five (5) trees.

 

Team Leader – Subdivision and Development

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

 

Manager – Environmental Services

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

 

External Referrals

 

Design Review Panel

The comments of the Design Review Panel have supported the proposal as previously addressed within this report.

 

6.      CONCLUSION

The proposal has been in accordance with Section 79C Evaluation of the Environmental Planning and Assessment Act 1979 and is considered to adequately satisfy the intent of the objectives of the planning controls for the reasons contained within this report. The site is zoned R3 – Medium Density Residential within the Hurstville Local Environmental Plan 2012 and the surrounding area shares the same zoning. The area is undergoing a transition of change whereby, on its merits the proposal, given the subject site irregular allotment shape, context and location forms part of the desired character of the area hence is considered to be worth of approval.

 

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 DA2013/0268 for demolition of existing and construction of  new three storey residential flat building containing 23 units and basement parking on Lots 120, 113 and 112 in DP 36368 known as 3-7 Gover Street, Peakhurst, 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

05

31 Oct 13

Site and Roof Plan

K

Design Workshop Australia

07,08,09

14 Jan 14

Floor Plans (ground, first, second)

L

Design Workshop Australia

06

31 Oct 13

Basement Plan

K

Design Workshop Australia

10, 11

31 Oct 13

Elevations

K

Design Workshop Australia

D2135

20 Jul 13

Arborist report

 

Allied Tree Consultancy

-

23 Jul 13

Waste Management Plan

-

Design Workshop Australia

13058/C1-C4

20 Aug 13

Concept Stormwater Plan

A

ATB Consulting

-

Received 22 Jan 14

Schedule of Colours and Finishes

-

Design Workshop Australia

13-676/1

20 Jan 14

Landscape Plan

4

Captivate Landscape Design

PN762

14 May 14

Additional section

 

Design Workshop Australia

PN762

14 May 14

Additional ground Floor

 

Design Workshop Australia

 

2.         GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

   (a)     Fees to be paid to Council:

 

Schedule of fees, bonds and contributions

Fee Type

Paid

Amount

Receipt Date

Receipt No

Development Application Fee

X

$5,815.00

27 Aug 13

2006849

Plan First Fee

X

$3,712.00

27 Aug 13

2006849

Notification Fee

X

$226.00

27 Aug 13

2006849

DA Advertising Fee

X

$1,105.00

27 Aug 13

2006849

Design Review Panel Fee

X

$1,242.00

27 Aug 13

2006849

Company Search Fee

X

$20.00

27 Aug 13

2006849

Long Service Levy

X

$20,300.00

27 Aug 13

2006849

Builders Damage Deposit

 

$102,931.20

 

 

Inspection Fee for Refund of Damage Deposit

 

$260.00

 

 

S94 Residential (Community Facilities)

 

$36,513.71

 

 

S94 Residential (Open Space, Recreation, Public Domain)

 

$258,161.50

 

 

 

 

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

 

PCA Services Fee

 

$4,915.00

 

 

Construction Certificate Application Fee

 

$4,915.00

 

 

Construction Certificate Imaging Fee

 

$229.00

 

 

 

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

 

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

 

a. Amount of Contribution

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

Contribution Category                                                                     Amount

Community Facilities                                                                           $36,513.71

Open Space, Recreation and Public Domain Facilities                  $258,161.50

Total:                                                                                                     $234,682.21

 

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

 

b. Indexing

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

 

c. Timing and Method of Payment

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

 

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

 

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

 

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

 

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

 

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

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,200.00 per metre of street frontage property (for a combined street frontage of 85.77m for 3-7 Gover Street Peakhurst) the total damage deposit value is $102,931.20.

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $260.00 – Minimum of two (2) inspections required ($130.00 per inspection).

(c)  At the completion of work Council will:

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

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

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

(iv)       inspect the public works.

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

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

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

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

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

 

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

 

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

 

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

(a) Placing or storing materials or equipment;

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

(c)  Erecting a structure or carrying out work

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

(e) Pumping concrete from a public road;

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

(g) Constructing a vehicular crossing or footpath;

(h)  Establishing a “works zone”;

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

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

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

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

 

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

 

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

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

 

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

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

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

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

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

 

To apply for approval:

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

10.       APR7003 - Building - Below ground anchors - Information to be submitted with Section 68 Application under LGA 1993 and Section 138 Application under Roads Act 1993 - In the event that the excavation associated with the basement car park is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways, an application must be lodged with Council under Section 68 of the Local Government Act 1993 and the Roads Act 1993 for approval, prior to commencement of those works. In this regard the following matters are noted for your attention and details must be submitted accordingly:

(a) Cable anchors must be stressed released when the building extends above ground level to the satisfaction of Council.

(b) The applicant must indemnify Council from all public liability claims arising from the proposed works, and provide adequate insurance cover to the satisfaction of Council.

(c)  Documentary evidence of such insurance cover to the value of ten (10) million dollars must be submitted to Council prior to commencement of the excavation work.

(d) The applicant must register a non-terminating bank guarantee in favour of Council.

Non-terminating bank guarantee value = $1,000.00 per metre of street frontage property (for a combined street frontage of 85.77m for 3-7 Gover Street Peakhurst) the total damage deposit value is $85,770). The guarantee will be released when the cables are stress released. In this regard it will be necessary for a certificate to be submitted to Council from a structural engineer at that time verifying that the cables have been stress released. The guarantee will be released when the cables are stress released. In this regard it will be necessary for a certificate to be submitted to Council from a structural engineer at that time verifying that the cables have been stress released.

(e) In the event of any works taking place on Council’s roadways/footways adjoining the property while the anchors are still stressed, all costs associated with overcoming the difficulties caused by the presence of the ‘live’ anchors must be borne by the applicant.

 

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.

 

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

 

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

 

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

 

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

 

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.

 

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

 

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

 

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

 

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

 

15.       CC3018 - Development Engineering - Stormwater - Protection of basement from inundation of stormwater waters - The construction of the driveway ramp shall de designed to protect the underground basement from any possible inundation of storm waters in a 1in 100 year storm event.

 

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

 

16.       CC5012 - Tree Planting - Public Land – Seven (7) street trees on must be planted on the nature strip along the development frontage of 3-7 Gover Street, Peakhurst. The selection of suitable tree species and tree planting will be undertaken by Hurstville City Council in accordance with Hurstville City Council’s Tree Removal and Pruning Guidelines.  The following fees apply and must be paid to Council prior to the issue of the Construction Certificate. Evidence of payment must be provided to the Principal Certifying Authority:

 

Fee Type

   Fee Type

    Amount

Administration Fee for Tree Planting

   RC83

    $149.00

Tree Planting Fee (per Tree)

   RC83

    $124.00

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.

 

17.       CC6003 - Engineering - Council Property Shoring - Prior to the issue of the Construction Certificate, plans and specifications prepared by a qualified and practising structural engineer must detail how Council’s property shall be supported at all times. 

 

Where any shoring is to be supporting, or located on Council’s property, certified structural engineering drawings detailing; the extent of the encroachment, the type of shoring and the method of removal, shall be included on the plans.  Where the shoring cannot be removed, the plans must detail that the shoring will be cut to 150mm below footpath level and the gap between the shoring and any building shall be filled with a 5Mpa lean concrete mix.

 

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

 

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

 

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

 

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

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

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

            (c)       On-site guidance by a vibration specialist during the early part of excavation.

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

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

 

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

(a) construction vehicle routes;

(b) anticipated number of trucks per day;

(c)  hours of construction;

(d) access arrangements; and

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

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

 

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

 

23.       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 concept hydraulic plan shall be amended to provide the stormwater outlet to the top of the kerb inlet pit in Gover Street.

(b) The front fences of Units 1, 2, 5 and 6 along the front east elevation to Gover Street are to be reduced to a maximum height of 1.5m and are to be 50% transparent.

(c) Principle private space is to be amended to achieve a minimum dimension of 4m x 4m for Units 3 and 7. No greater changes to the approved external building footprint are permitted. Unit 7 is to be internally redesigned to allow for direct access from the living room to the principle private open space.

(d) The internal wall between the study room and living room within Unit 7 is to be deleted. Minor internal wall configurations within this unit are permitted.

(e) The kitchen window of Unit 23 on the second floor is to be amended to form a high light window with a minimum sill height of 1.6m above this floor level.

(f) The southern side pathway is to be amended to be relocated parallel with the southern side boundary. Private open space must be provided between the southern side elevation and this realigned pathway. Appropriate screen planting is to be provided within the private space of Units 6 and 8.

 

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

 

24.       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)

(c)  all clean water run-off is diverted around cleared or exposed areas

(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.

 

25.       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.

 

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

·    location of protective site fencing;

·    location of site storage areas/sheds/equipment;

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

·    provisions for public safety;

·    dust control measures;

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

·    details of methods of disposal of demolition materials;

·    method used to provide protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/skip bins;

·    details of proposed sediment and erosion control measures;

·    method used to provide construction noise and vibration management;

·    construction traffic management details.

 

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

 

27.       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.

 

28.       CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 494048M dated 25 August 2013, approved with the Development Consent DA2013/0268 must be implemented on the plans lodged with the application for the Construction Certificate.

 

29.       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

 

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

(a) Trees 3, 8, 11 and 12 to be retained as per Arborist Report - Allied tree Consultancy - 20 July 2013 - D2135. Tree 2 is also 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.

 

31.       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).

 

32.       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

   (c)     slabs

   (d)     columns

   (e)     structural steel

   (f)      reinforced building elements

   (g)     swimming pool design

   (h)     retaining walls

   (i)      stabilizing works

   (j)      structural framework

 

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.

 

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.

 

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

 

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

 

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,

(c)  Photographs showing the existing condition of the footpath pavement fronting the site,

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

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

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

 

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

 

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

 

36.       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.

 

37.       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

 

38.       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.

 

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

(a)        Set out before commencing excavation.

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

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

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

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

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

(h)        Other.

      

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

 

40.       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,

 

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,

(c)  Photographs showing the existing condition of the footpath pavement fronting the site,

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

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

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

 

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

 

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

 

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.

 

41.       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.

 

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

 

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

 

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

 

44.       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.

 

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

 

46.       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.

 

47.       CON8001 - Waste - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the Principal Certifying Authority and a copy provided to the Manager Environmental Services, Hurstville City Council.

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

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

 

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

 

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

 

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

 

The report must include the following:

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

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

(c)  Photographs showing the condition of the footway including footpath pavement fronting the site

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

51.       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. 494048M dated 25 August 2013, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

 

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

 

53.       OCC2006 - Development Assessment - Post Construction Dilapidation report - Private Land - At the completion of the construction works, a suitably qualified person is to be engaged to prepare a post-construction dilapidation report.  This report is to ascertain whether the construction works associated with the subject development created any structural damage to the following adjoining premises:

(a) All properties with a common boundary to the subject site.

 

The report is to be prepared at the expense of the beneficiary of the consent and submitted to the Principal Certifying Authority (PCA) prior to the issue of the Occupation Certificate.  In ascertaining whether adverse structural damaged has occurred to the adjoining premises, the PCA, must compare the post construction dilapidation report with the pre-construction dilapidation report required by conditions in this consent.

 

Evidence confirming that a copy of the post construction dilapidation report was delivered to the adjoining properties subject of the dilapidation report must be provided to the PCA prior to the issue of the Occupation Certificate.

 

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

(a) Residential dwellings: twenty three (23)

(b) Residential visitors: six (6)

(g) Car wash bay: one (1) (within visitor space)

 

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

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

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

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

 

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

 

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

 

ONGOING CONDITIONS

These conditions have been imposed to ensure that the use or operation of the development does not adversely impact on the amenity of the neighbourhood or environment.

 

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

 

57.       Waste - Waste Storage Containers - Home Units (Residential Flat Development) - Waste Storage Facilities shall be provided as follows:-

Domestic Waste - 6 x 240 litre Mobile Garbage Bins (MGB’s); and,

Domestic Recycling - 8 x 240 litre MGB’s.

 

The Waste Storage Area being large enough house a minimum of fourteen (14) x 240 MGB’s.

 

It shall be the responsibility of the Owners Corporation to present the bins to the kerbside for collection and return the bins to the waste storage area as soon as practicable on completion of their servicing.

 

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

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

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

(c)  Any unit’s parking space or storage area is not strata subdivided as separate strata lot.

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

 

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

 

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

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

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

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

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

           

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

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

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

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

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

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

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

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

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

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

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

 

61.       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.

 

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

           

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

 

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

 

(a)   Unit Numbering

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

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

 

(b)   Car Parking Space Marking and Numbering

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

 

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

 

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

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

 

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

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

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

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

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

 

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

 

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

 

(e)   On Site Detention Requirements

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

 

(f)    Creation of Positive Covenant

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

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

 

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

 

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.

 

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

·    Mechanical ventilation for the carpark exhaust system.

·    Fire fighting 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.

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

·    Fire compartmentation and separation.

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

·    Exit travel distances and discharge from fire stairs must demonstrate compliance with the BCA.

·    Sound transmission and insulation details.

·    Disabled access that complies with the BCA and with AS 1428.1.2009

·    Certified Alternative fire engineering reports where required.

 

64.       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.

 

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

 

66.       ADV2002 - Development Assessment - Site Safety Fencing - Site fencing must be erected in accordance with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling.  The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

 

For more information visit www.workcover.nsw.gov.au

 

Schedule B – Prescribed Conditions

 

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

 

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

 

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

 

67.       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.

 

68.       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.

 

69.       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.

 

70.       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.

 

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

 

Schedule C – Operational & Statutory Conditions

 

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

 

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

 

72.       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.

 

73.       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.

 

74.       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.

 

75.       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.

 

76.       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.

 

77.       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.

 

78.       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 3-7 Gover Street, Peakhurst click here

 

 

APPENDICES

Appendix View1

Location map - 3 - 7 Gover Street Peakhurst

Appendix View2

Perspective plan - 3 - 7 Gover St Peakhurst

Appendix View3

Elevation - 3 Gover St Peakhurst

Appendix View4

Shadow plan - 3 - 7 Gover St Peakhurst

Appendix View5

REDACT Revised Landscape Plan 3 - 7 Gover Street Peakhurst

Appendix View6

Additional Section

Appendix View7

Revised Colours & Materials - 3 - 7 Gover St Peakhurst

Appendix 8

Company extract - applicant - 3-7 Gover Street Peakhurst (Confidential)

Appendix 9

Company extract - owner - Younan Management - 3-7 Gover Street Peakhurst (Confidential)

Appendix View10

Company extract - owner - MJN Australia - 3-7 Gover Street Peakhurst (Confidential)

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL113-14             3 - 7 Gover Street Peakhurst - Demolition of existing and construction of new three storey residential flat building containing 23 units and basement parking

[Appendix 1]           Location map - 3 - 7 Gover Street Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL113-14             3 - 7 Gover Street Peakhurst - Demolition of existing and construction of new three storey residential flat building containing 23 units and basement parking

[Appendix 2]           Perspective plan - 3 - 7 Gover St Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL113-14             3 - 7 Gover Street Peakhurst - Demolition of existing and construction of new three storey residential flat building containing 23 units and basement parking

[Appendix 3]           Elevation - 3 Gover St Peakhurst


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL113-14             3 - 7 Gover Street Peakhurst - Demolition of existing and construction of new three storey residential flat building containing 23 units and basement parking

[Appendix 4]           Shadow plan - 3 - 7 Gover St Peakhurst


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL113-14             3 - 7 Gover Street Peakhurst - Demolition of existing and construction of new three storey residential flat building containing 23 units and basement parking

[Appendix 5]           REDACT Revised Landscape Plan 3 - 7 Gover Street Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL113-14             3 - 7 Gover Street Peakhurst - Demolition of existing and construction of new three storey residential flat building containing 23 units and basement parking

[Appendix 6]           Additional Section


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL113-14             3 - 7 Gover Street Peakhurst - Demolition of existing and construction of new three storey residential flat building containing 23 units and basement parking

[Appendix 7]           Revised Colours & Materials - 3 - 7 Gover St Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL114-14        4-6 Lawrence Street Peakhurst - Demolition of the existing dwelling houses and construction of a three storey residential flat building with basement car parking 

Applicant

William Karavelas

Proposal

Demolition of the existing dwelling houses and construction of a three storey residential flat building with basement car parking

Owners

Mrs B J Luck and Mr R J Luck

Report Author/s

Development Assessment Officer, Mr P Nelson

File

DA2013/0252

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone R3 - Medium Density Residential

Existing Development

Two dwelling houses and various outbuildings

Cost of Development

$2,940,000.00

Reason for Referral to Council

Variations to DCP1 and forty nine (49) submissions

Planning Instruments Applicable

Hurstville Local Environmental Plan 2012, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development, Development Control Plan No 1 – LGA Wide – Section 3.1 Car Parking, Section 3.3 Access and Mobility, Section 3.4 Crime Prevention through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On-Site Detention (OSD) Requirements, Section 3.8 Fences Adjacent to Public Roads, Section 3.9 Waste Management, Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environment Plan Interpretation of Use

Demolish, Residential Flat Building and Subdivision

 

EXECUTIVE SUMMARY

 

1.         The application proposes the demolition of existing structures and construction of a three (3) storey residential flat building with basement parking

2.         The proposal results in a variation to building envelope on the north western side of the building. The proposal also results in a variation to building separation but this is as a result of the adjoining development type.

3.         The proposal was notified to twenty three (23) neighbouring properties for a period of two (2) weeks, during which time forty nine (49) submissions were received in relation to the proposal, some of which were from the same person.

 

 

AUTHOR RECOMMENDATION

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

 

 

REPORT DETAIL

 

DESCRIPTION OF THE PROPOSAL

The proposal seeks approval for the demolition of existing structures and construction of a residential flat building containing two (2) x one (1) bedroom and twelve (12) x two (2) bedroom units with basement car parking for eighteen (18) cars on the subject site. In detail the proposed development consists of the following:

 

Basement level

·    Eighteen (18) residential car spaces, inclusive of two (2) accessible car spaces and four (4) visitor car spaces.

·    Bicycle rack for up to five (5) push bikes.

·    Common vertical circulation area, including the lift and stairs, in the centre of the basement.

·    Meter room and fifteen (15) storage areas.

·    Garbage room and cleaners room.

 

Ground floor level

·    One (1) x one (1) bedroom unit (accessible unit) and four (4) x two (2) bedrooms units.

·    Lift and stairs in the centre of the building.

·    Communal open space areas to the rear of the building.

 

First floor level

·    One (1) x one (1) bedroom unit (accessible unit) and four (4) x two (2) bedrooms units.

·    Lift and stairs in the centre of the building.

 

Second floor level

·    Four (4) x two (2) bedrooms units.

 

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the north eastern side of Lawrence Street, Peakhurst with the nearest cross street being Gover Street to the north west. The subject site comprises of two (2) allotments known as 4 and 6 Lawrence Street, Peakhurst.

 

The site is irregular in shape and has a combined frontage of 38.21m and a total site area of 1230.3sqm. The site has a slight fall to the street and to the front north eastern corner of the site.

There is a small bottlebrush street tree in front of the site. No significant trees are evident on the site. Trees on site listed for removal include two (2) deciduous trees, a Christmas Bush and a Bangalow Palm.

 

Existing on each lot is a single storey dwelling house with outbuildings. The adjoining allotment at 2 Lawrence Street has been approved as a two (2) storey seniors living development and a two (2) storey dual occupancy development is located on the adjoining allotment at 8 Lawrence Street. A row of ten (10) dwellings in the form of townhouses and villas is located diagonally opposite the site at 3-11 Lawrence Street.

 

The subject site is located within an area predominately characterised by low to medium density residential developments of single and double storey in nature.

 

COMPLIANCE AND ASSESSMENT

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

 

1.      Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

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

 

Clause

Standard

Proposal

Complies

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

Consistent with the aims of the plan

Yes

1.4 - Definitions

“Residential Flat building”

The proposed development is defined as a residential flat building

Yes

2.3 - Zone objectives and Land Use Table

Meets objectives of R3 Zone

 

Development must be permissible with consent

Meets objectives and is a permissible development with consent

Yes

2.7 - Demolition

Demolition is permissible with consent

The proposed demolition has been assessed as part of this application and is recommended to be approved, subject to standard demolition conditions of consent being attached to any consent granted

Yes

4.3 – Height of Buildings

12m as identified on Height of Buildings Map

Max. 11.45m

Yes

4.4 – Floor Space Ratio

1:1 as identified on Floor Space Ratio Map

Site = 1230.2sqm

Proposed GFA = 1168.79sqm

 

FSR = 0.95:1

Yes

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP1

Council’s Tree Management Officer raised no objection to the proposal and no significant trees have been isolated on the site

Yes

6.7 – Essential Services

The following services that are essential for the development shall be available or that adequate arrangements must be made available when required:

 

·    Supply of water, electricity and disposal and management of sewerage

 

·    Stormwater drainage or on-site conservation

 

 

 

 

·    Suitable vehicular access

 

 

 

 

 

 

 

 

 

Adequate facilities for the supply of water and for the removal of sewage and drainage are available to this land

 

Council’s Team Leader Subdivision and Development has raised no objection, subject to drainage conditions attached to the recommendation

 

New driveway crossing from Lawrence Street (standard conditions for the submission of separate vehicular crossing applications and driveway design)

Yes

 

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

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

 

State Environmental Planning Policy

Complies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

State Environmental Planning Policy 55 – Remediation of Land

Yes

State Environmental Planning Policy (Building Sustainability Index BASIX) 2004

Yes

 

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

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

 

Application of SEPP 65

 

Clause

Standard

Proposal

Complies

3 -  Definitions

Complies with definition of “Residential Flat Building” (RFB)

Complies with definition

Yes

4 - Application of Policy

Development involves the erection of a new RFB, substantial redevelopment or refurbishment of a RFB or conversion of an existing building into a RFB

Erection of a new residential flat building

Yes

30 – Development Applications

Design verification statement provided by Qualified designer

 

 

Registered Architect Name and Registration No.

Design Verification Statement provided by Registered Architect Mr Nicholas Lycenko (practising/active)

 

Registration No: 3010

 

Yes

         

Part 2 Design Quality Principles under the SEPP

 

Clause

Standard

Proposal

Complies

1 – Context

Good design responds and contributes to its context (e.g. natural and built features of an area)

The subject site is located in a transitional area between low-medium density developments in the area. The proposed development has been designed to respond to other existing 2-3 storey medium density developments found in the area

Yes

2 – Scale

Good design provides an appropriate scale in terms of the built and height that suits the scale of the street and surrounding buildings

The proposed building is 3 storeys which will be appropriately articulated at the street frontage to reduce visual impact upon the streetscape. The height of the proposed building is below the desired future height for residential flat buildings within the area. The proposal is therefore appropriate to the scale of the area given its position within the transitional area of low-medium density development within the Peakhurst R3 area

Yes

3 – Built form

Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements

The proposal responds appropriately to the site and to existing and proposed neighbouring buildings

Yes

4 - Density

Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents)

Complies with FSR numerical standard of HLEP 2012

Yes

5 – Resource, energy and water efficiency

Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction

The application is supported by a BASIX certificate that satisfies this clause of SEPP

Yes

6 - Landscape

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain.

Landscape plan provided is appropriate

Yes

7 - Amenity

Good design provides amenity through the physical, spatial and environmental quality of a development.

Appropriate resident amenity is provided

Yes

8 – Safety and Security

Good design optimises safety and security, both internal to the development and for the public domain.

Appropriate

Yes

9 –Social dimensions and housing affordability

Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities.

Satisfactory

Yes

10 - Aesthetics

Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development.

Appropriate

Yes

 

Clause 30 – Consideration of Residential Flat Design Code Design Controls

 

Clause

Standard

Proposal

Complies

Building Height

 

Ensure future development responds to desired future scale and character of street and local area

Proposed development is consistent with scale of development permitted under the current planning instruments

Yes

Building Depth

Maximum 18m (glass line to glass line). For wider buildings must demonstrate how satisfactory daylight and natural ventilation are achieved

The proposed building has a maximum width of 25.5m. The proposal achieves satisfactory daylight and natural ventilation by building separations and wall offsets and the use of top floor skylights.

Yes

Building Separation

3 to 4 storeys/12m:

-12m between habitable rooms/balconies to habitable rooms/balconies

-9m between habitable rooms/balconies to non habitable rooms

-6m between non habitable rooms to non habitable rooms

North west: (approved  two storey seniors living development): No neighbouring habitable rooms on this side

 

South east:

Currently single storey so separation distances are adequate. Note that appropriate side boundary setbacks are provided to permit future adjoining development to satisfy the window offset requirement.

Yes

Street setbacks

Use different setback controls to differentiate between urban and suburban character areas.  5m -9m range is typical in suburban areas

Front setback = >6m with balconies projecting 1m into the front setback (complies with DCP No 1)

Yes

Side and rear setbacks

Relate side setbacks to existing streetscape patterns.

Proposed side boundary setbacks will relate to the future envisioned character of the area

Yes

Floor Space Ratio (FSR)

To ensure that the development is in keeping with the optimum capacity of the site and the local area. FSR is not specified in the Design Code

The proposed FSR of 0.95:1 complies with the maximum FSR of 1:1

Yes

Deep Soil Zones

A minimum of 25% of the open space area of a site should be a deep soil zone

Well in excess of the minimum required 25% of the open space included as deep soil landscaping

Yes

Fences and walls

Clearly delineate the public and private domain

The delineation is acceptable

Yes

Landscape design

Landscape design should optimise useability, privacy, social opportunity, equitable access and respect neighbour’s amenity

The landscape design is appropriate

Yes

Open Space

Communal open space should be generally 25% of the site area.

Min private open space for apartment at ground level/podium is 25sqm. Min preferred dimension in one direction is 4 metres

Communal open space is less than 25% however all ground floor units have >50sqm of private open space. This trade-off is considered to be appropriate.

Yes

Orientation

Position and orientate buildings to maximise solar access

The proposed building has appropriately been positioned and oriented to maximise solar access

Yes

Planting on structures

Design for optimum conditions for plant growth

Planting is appropriate

Yes

Stormwater Management

Reduce the volume impact of stormwater on infrastructure by retaining it on site

 

Stormwater disposal is appropriate. Council’s Development Engineer has raised no objection subject to conditions of consent

Yes

Safety

Undertake a formal crime prevention assessment of the development

Development is consistent with crime prevention principles

Yes

Visual privacy

Provide reasonable levels of visual privacy.

The proposal provides satisfactory levels of visual privacy via separation from the north-western neighbour. The proposed floor levels are 1.38m – 1.53m different to the ground and first floor levels of the adjoining south-eastern neighbour which is an appropriate vertical offset for privacy

Yes

Building Entry

Create entrance which provides a desirable residential identity for development

The main entrance of the building is clearly visible and easily identifiable

Yes

Parking

Provide adequate car parking for the building and integrate parking with the design of the building

Appropriate

Yes

Pedestrian Access

Promote residential flat development that is well connected to street and contributes to accessibility.

 

Barrier free access to at least 20% of units

Appropriate

Yes

Vehicle Access

Limit width of driveways to 6 metres.

Integrate adequate car parking and servicing access without compromising character

5.6m wide

 

Character appropriate

Yes

Apartment Layout

-Maximum depth from window of single aspect apartment 8.0m

 

-The back of a kitchen should be no more than 8 metres from a window.

-Width of cross-over apartments more than 15 metres deep should be a minimum of 4 metres

Unit 2 and 7 propose 8.2m however rooms within this 200mm area are artificially lit and ventilated;

All kitchens are no more than 8m from a window

 

No cross-over apartments

Yes

Apartment Mix

To provide a diversity of apartment types, which cater for different household requirements now and in the future

Mix of 1 and 2 bedroom units proposed

Yes

Balconies

Primary balconies to be a minimum of 2 metres in depth

Balconies have minimum 2m depths

Yes

Ceiling Heights

Residential buildings/floors

-habitable rooms minimum 2.7m

-non habitable rooms minimum 2.25m

All rooms have ceiling heights of between 2.7m and 2.9m

Yes

Flexibility

Provide apartment layouts which can accommodate the changing use of rooms

Layout of units are considered acceptable

Yes

Ground floor apartments

Optimise the number of ground floor apartments with separate entries. Ensure ground floor apartments have access to private open space.

Ground floor units have private open space and are accessible from a central entry point to the building

Yes

Internal Circulation

Maximum of 8 units to be accessible from a double loaded corridor.

Max. 5 units accessible from central corridor

Yes

Storage

To provide adequate storage for every day household items within easy access of the apartment

1br = 6m³

2br = 8m³

3br= 10m³

Appropriate unit and garage storage provided

Yes

Acoustic Privacy

Protect acoustic privacy of residents in apartments and in private open spaces

Acoustic privacy impact has been minimised with the use  wall construction

Yes

Daylight Access

-Min 70% of units (living rooms and private open space) receive min 3 hours of solar access for dense urban environment

 

-Max 10% units southerly aspect

-At least 70% of units receive min 3 hours solar access to living rooms and private open space

 

 

-All southern side units receive either eastern or western sun to one facade

Yes

Natural Ventilation

-60% of residential units should be naturally cross ventilated.

 

-25% of kitchens should have access to natural ventilation.

-71.42% of units are naturally cross ventilated

 

 

-64.28% of kitchens have natural ventilation

Yes

Facades

Facades must define and enhance the public domain and desired street character

Façade of the proposed building is considered acceptable

Yes

Roof design

Provide quality roof designs which contribute to the overall design

Roof is appropriate

Yes

Energy efficiency

Reduce reliance on artificial heating and cooling

The proposal is considered acceptable, subject to BASIX energy efficiency requirements of BASIX certificate

Yes

Maintenance

Supply waste management plans as part of the development application

Waste management plan submitted with the application is appropriate

Yes

Water conservation

Encourage use of rainwater tanks, use AAA rated appliances and store rainwater on site

BASIX certificate submitted addresses water conservation

Yes

 

Advice from the Design Review Panel

This section outlines the advice provided by the Design Review Panel (DRP) following the initial and subsequent referral of the proposal to the panel, the Applicant’s response to the final DRP advice and the Development Assessment Officer’s (DAO’s) concluding comments:

 

PRINCIPLE 1 - CONTEXT

DRP initial advice:The Panel notes that the context is undergoing change to higher density residential uses. The proposal is consistent with this.

 

The Panel is concerned that the adjacent site to the north that is under development is not accurately shown on any of the drawings therefore its relationship to that building cannot be assessed. Plans need to be amended to show this accurately. The relationship to the dual occupancy to the south is satisfactorily resolved by way of the 2 storey component of the development.

 

The adjoining streetscape on Lawrence Street has significant avenue planting of brushbox trees and this should be extended along the proposed development frontage (in lieu of bottlebrush trees).

 

DRP advice following submission of amended plans:No further comments.”

 

Applicant’s response: No comment required.

 

DAO’s comment: Amended plans have satisfactorily resolved the initial comments of the DRP.

 

PRINCIPLE 2 - SCALE

DRP initial advice: The scale of the 2 storey entry as proposed is unacceptable and out of scale with the character of the street. The applicant tabled an alternative street elevation which would resolve the scale issue and is supported.

 

DRP advice following submission of amended plans:This has been resolved and reduced to a single level.”

 

Applicant’s response: No comment required.

 

DAO’s comment: Amended plans have satisfactorily resolved the initial comments of the DRP.

 

PRINCIPLE 3 – BUILT FORM

DRP initial advice: The scale of the 2 storey entry as proposed is unacceptable and out of scale with the character of the street. The applicant tabled an alternative street elevation which would resolve the scale issue and is supported.

 

DRP advice following submission of amended plans:This has been resolved and reduced to a single level.”

 

Applicant’s response: “As recommended by the Panel, the landscaping has been amended.”

 

DAO’s comment: Amended plans have satisfactorily resolved the initial comments of the DRP.

 

PRINCIPLE 4 – DENSITY

DRP initial advice: The proposal is over the FSR because of the additional 3 car parking spaces. This is considered to be acceptable in this context given the demand for on street parking to service the park, and the fact that other servicing facilities are adequately accommodated.

 

DRP advice following submission of amended plans:Acceptable.”

 

Applicant’s response: No comment required.

 

DAO’s comment: The proposal has been amended to achieve compliance with the maximum FSR of 1:1.

 

PRINCIPLE 5 – RESOURCE, ENERGY AND WATER EFFICIENCY

DRP initial advice: Subject to BASIX.

 

DRP advice following submission of amended plans:No comment on secondary referral.”

 

Applicant’s response: No comment required.

 

DAO’s comment: The proposal has achieved a BASIX certificate and therefore is considered satisfactory, subject to conditions of consent.

 

PRINCIPLE 6 – LANDSCAPE

DRP initial advice: Large scale street trees should be provided on Lawrence Street as noted under ‘Context’. The proposed palm planting on the eastern and southern boundary would provide little screening and amenity for the adjoining properties and the Panel recommended these be replaced with larger canopy species.

 

The communal open space is located in a position which impacts on the privacy of Unit 3 and has an awkward interface with Unit 4. This should be reconfigured and alternative layouts developed that maintain privacy and provide adequate seating planting drying areas, etc.

 

The OSD tank should be relocated to hard stand areas ie under driveway or within the basement car park and out of deep soil zones.”

 

DRP advice following submission of amended plans:Three (3) additional Brushbox street trees have been provided to complement the existing streetscape.

 

The Panel is still concerned about the compromised privacy for Unit 4 due to the extent of the communal open space and recommends reducing the communal open space in line with the Unit 4 northern living room wall. It is also recommended that a generous area of planting (minimum 2.5m wide be provided on this boundary in the Unit 4 private garden). Further recommendations for this communal open space are:

 

·          Widen the 1m wide planter box adjacent to the Unit 3 living space to at least 2m and provide small tree as well as additional planting to improve privacy.

·          Provide at least one (1) larger scale tree to provide larger tree canopy in this neighbourhood (minimum 10m mature height).”

 

Applicant’s response:Changes as recommended by the Panel have been incorporated into the amended Architectural Plans and Landscaping Plans.”

 

DAO’s comment: The proposal has been amended satisfactorily to address the above issues by:

 

·          Moving the communal open space away from the Unit 4 living room, through an increase in Unit 4 courtyard size.

·          Providing a 2.01m wide planter adjacent to Unit 3.

·          Provision of three (3) x canopy providing street trees.

 

PRINCIPLE 7 – AMENITY

DRP initial advice: The Panel notes that bedroom 1 of Unit 3 is overlooked by the communal open space and should be addressed.”

 

DRP advice following submission of amended plans:This issue should be addressed as recommended above under ‘Landscape’.”

 

Applicant’s response: No comment required.

 

DAO’s comment: Amended plans have satisfactorily resolved the initial comments of the DRP.

 

PRINCIPLE 8 – SAFETY AND SECURITY

DRP initial advice: Acceptable.

 

DRP advice following submission of amended plans:No further comment required.”

 

Applicant’s response: No comment required.

 

DAO’s comment: No response required.

 

PRINCIPLE 9 - SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY

DRP initial advice: The Panel recommends adaptable units should be located to have equal amenity as other units.

 

The adaptable unit is poorly designed and its circulation is compromised by its constrained width. The adaptable unit should be a 2 bedroom unit to reflect higher proportion of 2 bedrooms in the proposal.”

 

DRP advice following submission of amended plans:Acceptable.”

 

Applicant’s response: No comment required.

 

DAO’s comment: No response required.

 

PRINCIPLE 10 - AESTHETICS

DRP initial advice: The scale and the treatment of the street frontage on the southern corner is unsatisfactory as proposed. The alternative elevation tabled at the meeting should be developed.”

 

DRP advice following submission of amended plans:Acceptable.”

 

Applicant’s response: The recommendations of the Panel have been incorporated into the amended landscaping plans.

 

DAO’s comment: The proposal has been amended to address the above issues.

 

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

 

2.      Draft Environmental Planning Instruments

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

 

PROPOSED AMENDMENT TO PEAKHURST R3 ZONE

Council at its meeting on 5 February, 2014 resolved in part to prepare a Planning Proposal to amend Hurstville Local Environmental Plan 2012 by changing the zoning of land currently zoned R3 Medium Density Residential to R2 Low Density Residential and bounded by Forest Road, Bonds Road, Trafalgar Street, Gover Street, Lawrence Street, Peakhurst Park and Jacques Avenue, Peakhurst.

 

This Planning Proposal is currently under preparation and until the proposed amendment is made to the Hurstville Local Environmental Plan 2012, the subject application complies with the current R3 Medium Density Residential zoning. The intended amendment is not a relevant matter for consideration, until such time as the Planning Proposal receives a Gateway Determination and is placed on public exhibition.

 

Any other matters prescribed by the Regulations

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

 

Demolition

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

 

3.      Development Control Plans

 

Planning legislation changes for DCPs

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

 

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

 

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

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

 

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

 

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

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

 

Section 3.1 – Car Parking

Requirements

Proposal

Complies

3.1.4.1 - Resident parking

1 or 2 bedroom – 1 space (14 units proposed) = 14

 

Total required = 14 spaces

14 residential spaces

Yes

3.1.4.1 -Visitor parking (4 or more dwellings)

1 space per 4 dwellings or part thereof (14 units proposed) = 4

4 visitor car spaces

Yes

3.1.4.2 –Dimension of car spaces, car parking layout, circulation, egress and egress

Compliance with AS2890.1 2004 and AS2890.2

 

Yes

Yes

3.1.4.3 – Stencilling of driveways

Finished with plain concrete

Yes

Yes

3.1.4.4 – Ramps transitions, driveways

Ramp grades to comply with AS2890.2 2004, Part 2

 

Longitudinal section 1:20 to be provided with development application

(Max. 25% driveway gradient) Complies

Yes

3.1.4.5 - Basement car parking

- Underground parking to be located under building footprint

- Minimise visual impact on street

-Mechanical ventilation and exhaust shafts to be illustrated in plans

Complies

Yes

3.1.4.6 – Parking for people with a disability

Compliance with AS1428 – Design for access and mobility and AS2890.6

Complies

Yes

3.1.4.8 - Car washing area

1 space (which can be a visitor space)

Visitor car space can be provided as car washing area

Yes (by condition)

 

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

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

 

Section 3.3 Access and Mobility

Requirements

Proposal

Complies

Adaptable dwellings

1 adaptable dwelling/10 dwellings or part there of (min) = 2

 

Adaptable dwelling complies with AS4299

2 adaptable units

Yes

Access requirements

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

Provided

Yes

Accessible car space

1 space per adaptable dwelling

 

Layout complies with Australian Standard

1 space per adaptable dwelling provided

Yes

 

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

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

 

Section 3.4 - CPTED

Requirements

Proposal

Complies

Site and building Layout

·    Provide surveillance opportunities

·    Building addresses street

·    Habitable rooms are directed towards the front of the building

·    Garages are not dominant

·    Offset windows

Surveillance of street is available from the units where possible

 

Basement car park is not considered to be a dominant feature of the overall streetscape, given that it is not visible from the street

Yes

Building Identification

-Clearly numbered buildings

-Entrances numbered

-Unit numbers provided at entry

These requirements can be conditions of consent

Yes

Entrances

Clearly visible and not confusing

The entrance to the building is clearly visible and located on the front elevation of the development

Yes

Fencing

Allows natural surveillance to street

Proposed fencing is satisfactory

Yes

Blind Corners

To be avoided

No bind corners evident

Yes

Communal Areas

Provide opportunities for natural surveillance

The communal areas proposed provide opportunities for natural surveillance

Yes

Landscaping

·    Avoid dense medium height shrubs

·    Allow spacing for low growing dense vegetation

·    Low ground cover or high canopy trees around car parks and pathways

·    Vegetation used as a barrier for unauthorised access

Landscaping proposed as per the landscape plan is appropriate

Yes

Lighting

·    Diffused/movement sensitive lighting provided externally

·    Access/egress points illuminated

·    No light-spill towards neighbours

·    Hiding places illuminated

·    Lighting is energy efficient

Standard lighting is appropriate

Yes

Security

Provide an appropriate level of security for each dwelling, communal areas and car park

Appropriate security has been provided

Yes

Car parks

Access to lifts and stairwells to be clearly defined

Access to the car parking area is clearly defined

Yes

Ownership

Use of fencing, landscaping, colour and finishes to imply ownership

Landscaping and driveways indicate ownership

Yes

Building maintenance

Use materials that can be easily cleaned or use anti-graffiti paint

Proposed external materials and finishes are appropriate

Yes

 

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

The proposal has achieved a BASIX Certificate and therefore complies with the objectives of Section 3.5 of Development Control Plan No 1. The proposed development also complies with the solar access requirements of Development Control Plan No1 – LGA Wide.

 

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

The proposal will be conditioned to comply with this Section of Development Control Plan No 1.

 

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

The selected types of fencing on the street frontage are appropriate.

 

It is considered that the fences are of reasonable architectural merit and are unlikely to adversely impact upon the streetscape.

 

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

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

 

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

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

 

Section 4.3 – Multiple Dwellings

Requirements

Proposal

Complies

Minimum Street Frontage

24m

38.21m

Yes

Residential density (Floor Space Ratio)

Cl 4.4 of HLEP 2012 = Max. 1:1

FSR = 0.95:1

Yes

Landscaped Area

Site = 1230.3sqm

 

Min. 20% (246.06sqm)

279.22sqm or 22.69% (Min. 2m width)

Yes

Maximum Building Height

Cl 4.3 of HLEP 2012 = Max. 12 m

Max. 11.45m

Yes

Front Site Height Maximum

12m

11.45m

Yes

Rear Site Height Maximum

12m

11.45m

Yes

Number of habitable storeys at front of site

3 habitable storeys

3 storeys (excludes basement)

Yes

Number of habitable storeys at rear of site

3 habitable storeys

3 storeys (excludes basement)

Yes

Minimum Private Open Space Area

 

 

 

Ground floor level

<3bedrooms – 50sqm

Min dimension – 3m

 

Upper levels

< 3 Bedroom – 12sqm

3 bed or more – 12sqm

Min width - 2.5m

Direct access from living room

Ground floor level

All exceed 50sqm and have minimum dimension of 3m

Upper levels

All have a minimum area of 12sqm

Unit 7, 8, 9 and 14 have <2.5m however comply with the 2m minimum width under the Residential Flat Design Controls Design Code

Yes

 

 

 

 

Yes

 

No (1) – conditioned to comply

Minimum Principal Private Open Space Area

 

 

Ground floor

Must not be located forward of the building line

 

< 3 bedrooms – 4m x 4m – 1:20 (max)

 

Upper levels

< 3 Bedroom – 12sqm

 

Ground floor level  

All PPOS is behind the front building alignment on the ground floor

 

All 4m x 4m minimum

 

 

Upper levels

All > 12sqm

Yes

Landscape Plan

Landscape Plan to be submitted with the DA

Complies. Landscape Plan and details (prepared by Zenith Landscape Designs)

Yes

Front Boundary Setbacks

Minimum 6m, balconies can project 1m

6.125m with balconies projecting max. 1m out of required front boundary setback

Yes

Rear Boundary Setbacks

Minimum 6m, balconies can project 1m

6m with no balcony projection

Yes

Minimum Side Boundary Setbacks

 

Ground & first floor levels – Min. 4m

Second floor level – Min. 7m

 

Building envelope

 

 

 

 

No projections of any form permitted outside the building envelope

4.115m minimum

 

 

7.01m minimum

 

Variation on the north western elevation by a maximum of 530mm on the first floor and 950mm on the second floor

Variation occurs at points on the external wall and parapet wall

Yes

 

Yes

 

 

No (2)

Maximum excavation of natural ground level

500mm

Max. 970mm (eastern corner)

No (3)

Driveways, access lanes and car parking

If street frontage is 20m or less – Must not occupy more than 40% of the frontage

 

>20m – Must not occupy more than 33%

Frontage = 38.21m

Driveway = 5.465m in width

 

 

 

14.3% of the frontage

Yes

Garages and car ports

Garages must not visually dominate the street facade

Basement car park is not visible from the street

Yes

Basement parking

Basement cannot extend more than 1m above natural ground level

Basement is located a maximum of 300mm above existing ground level

Yes

Visual Privacy

Habitable windows within 9m to be offset 1m or screened

All habitable windows are vertically offset by >1m

Yes

Solar Design and Energy Efficiency

3hrs of sunlight upon the open space areas of adjacent dwellings between 9am -3pm on 22 June

More than 3 hours sunlight to the open space areas adjacent dwellings

Yes

Fences at the front boundary

Solid fences facing the street – Max 1m in height

 

If Private Open Space has a common boundary to public space, height may be increased to 1.8m (must be 50% of fence to be open)

No front fence proposed. Small wall housing letterboxes is 1m in height

Yes

Site Services

Site must be serviced by standard utilities

Appropriate utilities can be provided

Yes

Storage

6 cubic metres per dwelling

> 6 cubic metres provided per dwelling either through built in wardrobes, separate in unit storage rooms or in basement storage

Yes

 

(1) Private open space area

This variation to minimum required balcony width is of a very minor nature and is to be conditioned to comply.

 

(2) Side boundary setbacks

The subject site has a cross fall within the footprint of the building of 1.09m. The proposal complies with building envelope on the high side of the site and results in a minimal variation to building envelope on the low, north western side of the site, of 950mm. This would lead to the reasonable conclusion that were the site not constrained by a cross fall within the building footprint, the proposal would comply. As such the variation is generated by a site constraint.

 

The variation is on the north western side of the proposal and as such does not result in any additional overshadowing impact or any impacts on adjacent neighbours.

 

As such this variation is supported in this instance.   

 

(3) Excavation of natural ground level

The maximum excavation of 970mm to provide a level slab on the ground floor is a direct result of the 1.09m cross fall within the building footprint. As such this variation is supported.

 

RECENT LAND AND ENVIRONMENT COURT DECISIONS

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

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

 

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

 

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

 

Further the Commissioner concluded that:

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

 

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

 

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

 

4.      Impacts

 

Natural Environment

The proposal does not require the removal of any significant trees on site. The removal of a small bottlebrush street tree is considered to be appropriate as this is being replaced with three (3) canopy providing street trees.

 

Built Environment

The proposal is considered to be appropriate, in terms of its scale, bulk and height and responds appropriately to the future envisioned character of the area.

 

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

 

Senior Traffic Engineer Comments:

“i. Existing Traffic Environment

Lawrence Street is an 890m long, 15.4m wide road reserve (approx. 7.4m carriageway), local road extending from Jacques Avenue to Pearce Avenue, Peakhurst and performs a local residential road function with Council’s road hierarchy. The road services Zone R3 residential zoned land. The northern side of Lawrence Street is provided with parallel street parking.

 

Currently turning movements at Lawrence Street and Pearce Avenue are not restricted. Give way signage is in place at the Gover Street and Pearce Avenue intersection. The posted speed limit for Lawrence Street is 50km/h.

 

Recent traffic counts undertaken by Council in September 2013 found:

·    The 85th percentile speed of the traffic on both directions to have a combined average of 51km/h

·    The Average Annual Daily Traffic for the five days in both directions combined is 442 vehicles per day

 

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

 

ii. Proposed Development - Traffic Generation

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

Dwelling houses = 0.85phvt per dwelling

Medium Density residential flat buildings = 0.4-0.5 phvt

(up to two bedroom)

Medium density residential flat buildings = 0.5-0.65 phvt

(three of more bedrooms)

 

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

 

Number of Beds

Generation Rate (Max.)

Peak Hour Vehicle Trips (phvt)

2 x 1 bed

0.5

1

12 x 2 Bed

0.5

6

0 x 3 Bed

0

0

TOTAL

7

 

Deducting the traffic generated by two existing free standing dwellings (1.7 phvt) results in an overall increase arising from the development of 5.3 phvt.

 

iii. Cumulative Impact in Locality

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

 

Traffic Movements

Environmental Capacity RMS

(Max peak hour volume)

Existing Traffic Volumes

(phvt)

Proposed Increase

(phvt)

% Increase

Remaining

Environmental Capacity

Lawrence Street

200

38

5.3

13.94%

78.35%

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

 

iv. Need for Traffic Improvements in the Locality

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

 

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

Access onto Forest Road (State Road) is via traffic controlled intersections at Belmore Road and Jacques Avenue. Access is also available to Forest Road from Pearce Avenue via unconstrained turning movements. The intersection of Jacques Avenue and Belmore Road provides a sign posted roundabout and does not warrant improvements arising from the impact of this development.

 

vi. Sight distance and other safety issues

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

 

vii. On Street Parking in Locality

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

 

Social Impact

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

 

Economic Impact

The proposal is for residential purposes and no adverse economic impact 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

The proposal was notified / advertised to twenty two (22) adjoining residents, providing a period of fourteen (14) days in which to view the plans and submit any comments on the proposal. Forty nine (49) submissions were received in relation to this application and raised a number of concerns which are summarised as follows.

 

Privacy impact – loss of privacy and overlooking

Concerns were raised in relation to a potential overlooking resulting from the proposed building by a total of fourteen (14) neighbours and in one (1) particular submission it raised issues in relation to the windows and balconies on the south western side of the building.

 

Comment: The proposal requires excavation on the south western side of the site to avoid stepping of the ground floor slab. This results in a ground floor level for the proposal that is 1.38m lower than the corresponding ground floor level of the adjoining neighbour to the south west. Similarly the first floor of the proposal is 1.52m higher than the ground floor and 1.38m lower than the first floor of the adjoining south western neighbour. These differences in finished floor levels result in vertical offsets between adjoining windows which prevent casual overlooking from within rooms of the development. Some overlooking will be available when standing right next to the window, however the impact from this is considered to be minor. Overlooking from the south western side balconies is to be overcome by requiring balconies on the south western façade to have fixed opaque glazing to 1600mm to prevent direct downward overlooking.

 

In relation to overlooking of adjacent allotments, the north eastern neighbour under construction (currently nearing completion) has sufficient building to boundary separation to provide for adequate privacy. Rear adjoining neighbour have boundaries a minimum of 6m away from the proposed development which is an appropriate distance to result in any overlooking being minor in nature.

 

Overshadowing – loss of solar access

Concerns were raised in relation to a potential overshadowing by the proposed building by thirteen (13) neighbours.  Of these, the most impacted neighbour raised issues in relation to shadow cast on the neighbour’s living room and north eastern facing wall.

 

Comment: The proposal has met the minimum solar access requirements of Council’s Development Control Plan No 1 requiring 3 hours solar access to the principal private open space of adjoining developments.

 

The south western adjoining neighbour is a dual occupancy development and the north eastern elevation of this development will be impacted by the proposal. While this is an issue, the impact has been reduced by providing for excavation which lowers the building height of the proposal resulting in the first floor wall of the proposal being at RL 29.72, 1.18m lower than the corresponding first floor wall height (RL 30.9) of the south western neighbour. With the second floor parapet wall of the proposal being setback 7.1m from the boundary and a total of 8.6m from the adjoining development, the proposal has made appropriate consideration to reduce the overshadowing impact on the adjoining south western neighbour.

 

Overdevelopment - excessive bulk and scale

Forty five (45) neighbours commented in relation to bulk and scale of the proposed development indicating that the proposal is an overdevelopment of the site.

 

Comment: The density and height of the proposal complies with Council’s current controls and on this basis the proposal is not an over development of the site.

 

Adequacy of infrastructure – stormwater drainage and sewer line

Forty (40) neighbours raised concerns in relation to the capacity of the stormwater and sewerage systems to accommodate the additional proposed development on the site and in the area.

 

Comment: Council Engineers have not expressed any concern in relation to the capacity of the existing system to cope with the proposed development subject to conditions of consent relating to the disposal of stormwater from the site. Conditions of consent also require any application to be referred to Sydney Water in order to satisfy their requirements for sewerage and water supply prior to construction.

 

Potential traffic issues

The majority of the submissions lodged expressed concern in relation to a potential traffic issues by the proposal, particularly in regards to:

·    “Inadequate pedestrian (no pedestrian footpath in Lawrence Street) or vehicular access (emergency services).

·    Inadequate parking, vehicular or service access (loading and unloading).

·    Traffic generation (existing two (2) single dwellings vs units as proposed, increased traffic in Trafalgar Street, on street parking difficulties

·    Safety of vehicles and pedestrians in the street, especially children.

·    Narrow width of Lawrence Street and lack of street parking (approximately 7.2m in width).”

 

Comment: The proposal will increase the number of vehicles and traffic compared with that currently experienced in Lawrence Street. However the proposal has been considered and assessed on the traffic counts undertaken by Council’s Traffic section which revealed that the existing road network is capable of accommodating the additional traffic from the proposed development.

 

The proposal provides a complying number of resident and visitor spaces in the basement of the proposal.

 

A condition of consent will require the construction of a pedestrian footpath along the frontage of the site on Council land to improve pedestrian access.

 

Potential noise issues

Thirty nine (39) neighbours indicated that noise from the development will be an issue.

 

Comment: Some noise will be experienced during the construction of the proposal however the duration of the construction time is relatively short and conditions of consent will limit the construction hours to appropriate times to negate any noise issues.

 

The ongoing occupation to the building is unlikely to result in any major noise concerns as a result of the appropriate boundary setbacks and side boundary planting proposed in relation to the development.

 

Non compliance with LEP or DCP

Twenty eight (28) submissions have been received in relation to variations to the Hurstville Local Environmental Plan or Development Control Plan. One (1) submission noted that the proposed variation to building envelope was an issue.

 

Comment: The proposed development complies with Council’s Local Environmental Plan. The proposal does seek a minor variation to building envelope, which is generated as a result of the cross fall experienced in natural ground level within the building footprint. As discussed elsewhere in this report, this variation does not visibly add to the bulk of the proposal and will result in no additional impact on adjoining neighbour amenity.

 

Loss of significant trees or vegetation

Forty (40) neighbours raised concerns in relation to loss of significant trees or vegetation without any specific details.

 

Comment: No significant trees or vegetation exist on the site. The application proposes the removal of a small bottlebrush street tree however the replacement planting on the street and within the site is considered to offset any loss.

 

Potential physical damage to adjoining properties during excavation and construction

One (1) submission has expressed concern that the proposed excavation will impact on their adjoining property and has requested dilapidation reports to be provided.

 

Comment: Standard conditions have been included to require dilapidation and geotechnical reports in relation to the proposed excavation.

 

Distance from the railway station

One (1) submission has indicated that the proposal is too far away from a railway station for this type of development.

 

Comment: This comment is noted. The proposal is 950m away from the railway station. This distance may be excessive for some people.

 

Council Referrals

 

Team Leader Subdivision and Development

Council’s Team Leader Subdivision and Development has expressed no objection to the proposal.

 

Manager Environmental Services

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

 

Tree Management Officer

Council’s Tree Management Officer has raised no objection to the application.

 

Senior Environmental Health and Building Surveyor (Major Projects)

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

 

External Referrals

 

Design Review Panel

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

 

6.      CONCLUSION

The 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 variation to the building envelope control and excavation control of Development Control Plan No 1 will result in no adverse impact and does not warrant amendment. The minimum balcony with variation may be conditioned to comply.

 

Forty nine (49) submissions were received in relation to the proposal. These submissions have been discussed and addressed in the report.

 

The proposed development complies with Council’s Local Environmental Plan and SEPP 65, does not result in any significant impact on local amenity and is consistent with the future desired character of the area. The subject site is located within an area undergoing transition, where other medium density developments exist in the street. 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 DA2013/0252 for the demolition of existing structures and construction of a three storey residential flat building with basement parking on Lot 117 DP 36368 and Lot 100 DP 1172450 and known as 4-6 Lawrence Street, Peakhurst, 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

DA01B

29 Apr 14

Site Analysis Plan and Streetscape Elevation

B

Cornerstone Design

DA02A

5 Feb 14

Basement Plan

A

Cornerstone Design

DA03B

29 Apr 14

Ground Floor Plan

B

Cornerstone Design

DA04A

5 Feb 14

First Floor Plan

A

Cornerstone Design

DA05B

29 Apr 14

Second Floor Plan

B

Cornerstone Design

DA06B

29 Apr 14

Roof Plan

B

Cornerstone Design

DA07B

29 Apr 14

Elevations

B

Cornerstone Design

DA08B

29 Apr 14

Elevation, Section A-A, Driveway Profile

B

Cornerstone Design

13-2722 LO1 Sheet 1 of 2

23 Jul 13

Landscape Plan

A

Zenith Landscape Design

13-2722 LO1 Sheet 2 of 2

23 Jul 13

Existing Tree and Details Plan

A

Zenith Landscape Design

 

2.         GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

 

   (a)     Fees to be paid to Council:

 

Schedule of fees, bonds and contributions

Fee Type

Paid

Amount

Receipt Date

Receipt No

Development Application Fee

X

$3,527.00

14 Aug 13

2006102

Plan First Fee

X

$1,881.60

14 Aug 13

2006102

Notification Fee

X

$228.00

14 Aug 13

2006102

DA Advertisement fee

X

$1,105.00

14 Aug 13

2006102

Design Review Panel Fee

X

$1,242.00

14 Aug 13

2006102

Long Service Levy

 

$10,290.00

 

 

Builders Damage Deposit

 

$45,852.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$260.00

 

 

S94 Residential (Community Facilities)

 

$13,224.65

 

 

S94 Residential (Open Space, Recreation, Public Domain)

 

$125,728.77

 

 

 

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

 

Subdivision Application Fee

 

$1,240.00

 

 

Subdivision Certificate Fee

 

$1,872.00

 

 

S88B Checking Fee

 

$292.00

 

 

 

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

 

PCA Services Fee

 

$3,387.50

 

 

Construction Certificate Application Fee

 

$3,387.50

 

 

Construction Certificate Imaging Fee

 

$229.00

 

 

 

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

 

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

 

a. Amount of Contribution

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

 

Contribution Category                                                                     Amount

 

Community Facilities                                                                           $13,224.65

 

Open Space, Recreation and Public Domain Facilities                  $125,728.77

 

Total:                                                                                                     $138,953.42

 

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  NSW  2220) or viewed on Council’s website <http://www.hurstville.nsw.gov.au/Strategic-Planning.html>.

 

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

 

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

 

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $45,852.00 ($1,200.00 per metre of the property street frontage)

 

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $260.00 – Minimum of two (2) inspections required ($130.00 per inspection)

 

(c)  At the completion of work Council will:

 

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

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

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

(iv)       inspect the public works.

 

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

 

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

 

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

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

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

 

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

 

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

 

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

 

(a) Placing or storing materials or equipment;

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

(c)  Erecting a structure or carrying out work

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

(e) Pumping concrete from a public road;

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

(g) Constructing a vehicular crossing or footpath;

(h)  Establishing a “works zone”;

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

To apply for approval:

 

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

 

(b) In the Application Form, quote the Development Consent No. (eg. 2013/DA-252) and reference this condition number (e.g. Condition 23)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

10.       APR7003 - Building - Below ground anchors - Information to be submitted with Section 68 Application under LGA 1993 and Section 138 Application under Roads Act 1993 - In the event that the excavation associated with the basement car park is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways, an application must be lodged with Council under Section 68 of the Local Government Act 1993 and the Roads Act 1993 for approval, prior to commencement of those works. In this regard the following matters are noted for your attention and details must be submitted accordingly:

 

(a) Cable anchors must be stressed released when the building extends above ground level to the satisfaction of Council.

(b) The applicant must indemnify Council from all public liability claims arising from the proposed works, and provide adequate insurance cover to the satisfaction of Council.

(c)  Documentary evidence of such insurance cover to the value of ten (10) million dollars must be submitted to Council prior to commencement of the excavation work.

(d) The applicant must register a non-terminating bank guarantee in favour of Council for the amount of $38,210.00 ($1,000.00 per metre of the property street frontage).

The guarantee will be released when the cables are stress released. In this regard it will be necessary for a certificate to be submitted to Council from a structural engineer at that time verifying that the cables have been stress released.

(e) In the event of any works taking place on Council’s roadways/footways adjoining the property while the anchors are still stressed, all costs associated with overcoming the difficulties caused by the presence of the ‘live’ anchors must be borne by the applicant.

 

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.

 

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

 

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

 

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

 

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

 

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.

 

13.       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.

 

14.       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

 

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

 

16.       CC5012 - Tree Planting - Public Land - One (1) street trees must be planted on the nature strip along the southern side of the development frontage of Lawrence Street.  The selection of suitable tree species and tree planting will be undertaken by Hurstville City Council in accordance with Hurstville City Council’s Tree Removal and Pruning Guidelines.  The following fees apply and must be paid to Council prior to the issue of the Construction Certificate. Evidence of payment must be provided to the Principal Certifying Authority:

 

Fee Type

   Fee Type

    Amount

Administration Fee for Tree Planting

   RC83

    $149.00

Tree Planting Fee (per Tree)

   RC83

    $124.00

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.

 

17.       CC6003 - Engineering - Council Property Shoring - Prior to the issue of the Construction Certificate, plans and specifications prepared by a qualified and practising structural engineer must detail how Council’s property shall be supported at all times. 

 

Where any shoring is to be supporting, or located on Council’s property, certified structural engineering drawings detailing; the extent of the encroachment, the type of shoring and the method of removal, shall be included on the plans.  Where the shoring cannot be removed, the plans must detail that the shoring will be cut to 150mm below footpath level and the gap between the shoring and any building shall be filled with a 5Mpa lean concrete mix.

 

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

 

·    location of protective site fencing;

·    location of site storage areas/sheds/equipment;

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

·    provisions for public safety;

·    dust control measures;

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

·    details of methods of disposal of demolition materials;

·    method used to provide protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/skip bins;

·    details of proposed sediment and erosion control measures;

·    method used to provide construction noise and vibration management;

·    construction traffic management details.

 

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

 

19.       CC2009 - Development Assessment - Pre-Construction Dilapidation Report - Private Land - A qualified structural engineer shall prepare a Pre-Construction Dilapidation Report detailing the current structural condition of adjoining premises including but not limited to:

 

(a) all properties that share a boundary with the site

 

The report shall be prepared at the expense of the beneficiary of the consent and submitted to the satisfaction of the Certifying Authority prior to the issue of the Construction Certificate. 

 

A copy of the pre-construction dilapidation report is to be provided to the adjoining properties (subject of the dilapidation report), a minimum of five (5) working days prior to the commencement of work. Evidence confirming that a copy of the pre-construction dilapidation report was delivered to the adjoining properties must be provided to the Principal Certifying Authority.

 

20.       CC2010 - Development Assessment - SEPP 65 Design Verification Statement - A certifying authority must not issue a Construction Certificate for residential flat development unless the certifying authority has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development <http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Depi%20AND%20Year%3D2002%20AND%20No%3D530&nohits=y>.

 

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

 

(a) construction vehicle routes;

(b) anticipated number of trucks per day;

(c)  hours of construction;

(d) access arrangements; and

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

 

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

 

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

 

23.       CC7011 - Building - Slip Resistance- Commercial, Retail and Residential Developments - All pedestrian surfaces in areas such as foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in the wet rooms in any commercial/retail/residential units must have slip resistance classifications, as determined using test methods in either wet or dry conditions, appropriate to their gradient and exposure to wetting. The classifications of the new pedestrian surface materials, in wet or dry conditions, must comply with AS/NZS4586:2004 - Slip Resistance Classifications of New Pedestrian Materials and must be detailed on the plans lodged with the application for the Construction Certificate.

 

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

 

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

 

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

 

(c)   On-site guidance by a vibration specialist during the early part of excavation.

 

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

 

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

 

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

 

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

 

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

 

27.       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)

(c)  all clean water run-off is diverted around cleared or exposed areas

(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.

 

28.       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) All balconies on the first and second floors are to be redesigned to have a minimum depth of 2.5m.

(b) Balconies on the south western façade on level one (1) and two (2) are to provide fixed opaque glazing 1600mm in height from finished floor level to prevent direct downward overlooking of the adjacent south western neighbour.

 

29.       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.

 

30.       CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 494126M dated 23 July, 2013, approved with the Development Consent DA2013/0252, must be implemented on the plans lodged with the application for the Construction Certificate.

 

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

 

(a) All trees on adjoining properties with a canopy drip line or primary root zone that fall within the allotment boundaries of the development site.

(b) All Council street trees adjacent to the frontage of the development site.

 

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.

 

32.       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).

 

33.       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

(c)   slabs

(d)  columns

(e)  structural steel

(f)    reinforced building elements

(g)  retaining walls

(h)   stabilizing works

(i)    structural framework

 

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

 

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

 

35.       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.

 

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

 

Domestic Waste:-  4 x 240 litre Mobile Garbage Bins (MGB’s);

Domestic Recycling:- 5 x 240 litre MGB’s.

 

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

 

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

 

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.

 

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

 

38.       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, for the entire street frontage of the site.

 

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

 

The report must include the following:

 

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

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

(c)  Photographs showing the existing condition of the footpath pavement fronting the site,

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

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

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

 

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

 

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

 

39.       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.

 

40.       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

 

41.       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.

 

42.       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 Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.

 

(f)         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.

 

43.       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.

 

44.       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.

 

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

 

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

 

46.       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.

 

47.       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 Lawrence Street.

 

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

 

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

 

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

<http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Depi%20AND%20Year%3D2002%20AND%20No%3D530&nohits=y>.

 

53.       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 road related area;

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

(c)     Removal of redundant driveways and vehicular crossings;

(d)     New footpaths within the road related area;

(e)     Relocation of existing power/light pole

(f)      Relocation/provision of street signs

(g)     New or replacement street trees;

(h)     New footway verges, where a grass verge exists, the balance of the area between the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street.

(i)      New or reinstated kerb and guttering within the road related area; and

(j)      New or reinstated road surface pavement within the road.

 

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.

 

54.       OCC2006 - Development Assessment - Post Construction Dilapidation report - Private Land - At the completion of the construction works, a suitably qualified person is to be engaged to prepare a post-construction dilapidation report.  This report is to ascertain whether the construction works associated with the subject development created any structural damage to the following adjoining premises:

 

(a) all properties that share a boundary with the site

 

The report is to be prepared at the expense of the beneficiary of the consent and submitted to the Principal Certifying Authority (PCA) prior to the issue of the Occupation Certificate.  In ascertaining whether adverse structural damaged has occurred to the adjoining premises, the PCA, must compare the post construction dilapidation report with the pre-construction dilapidation report required by conditions in this consent.

 

Evidence confirming that a copy of the post construction dilapidation report was delivered to the adjoining properties subject of the dilapidation report must be provided to the PCA prior to the issue of the Occupation Certificate.

 

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

 

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

 

The report must include the following:

 

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

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

(c)  Photographs showing the condition of the footway including footpath pavement fronting the site

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

57.       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. 494126M dated 23 July, 2013, approved with the Development Consent DA2013/0252, before issue of the Occupation Certificate.

 

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

 

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

 

(a) Residential dwellings: fourteen (14) spaces

(b) Residential visitors: four (4) spaces

(c)  Car wash bay: one (1) space which may be included in the visitor car parking space. The car wash bay is to be bunded and drained to the sewer in accordance with Sydney Water requirements.

 

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

 

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

 

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

 

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

 

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

 

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

 

PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE

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

 

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

 

(a)      Construction Requirements

The structures of the building(s) that define the boundaries of all parts of the Strata Lots, including the Common Property shall be constructed in accordance with the approved plans and conditions of Development Consent No DA2013/0252.

 

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

 

(b)      Unit Numbering

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

 

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

 

(c)       Letterboxes

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

 

(d)      Street Number

The street number 4-6 is to be displayed in a prominent location in the front of the site prior to the issue of the Strata Certificate.

 

(e)      Car parking space marking and numbering

Each basement car space shall be line marked with paint and numbered in accordance with the unit numbering prior to the issue of the Strata Certificate.

(f)        Visitor Parking Sign

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

 

(g)      On Site Detention Sign

A screw-on professionally made sign shall be installed adjacent to any on-site detention facility prior to the issue of the Strata Certificate. The sign shall contain the following text (or similar):

 

"This on-site detention facility is subject to possible surface overflow during heavy storms."

 

(h)       Courtyard Fencing

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

 

(i)        Compliance Certificate from Sydney Water

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

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

 

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

 

The Section 73 Certificate must be submitted to Council prior to the issue of the Strata/Subdivision Certificate.

 

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

 

(a) Designation of Visitor Car Spaces on Strata Plan

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

 

(b) On Site Detention

The location of the on-site detention facility is to be shown on the strata plans by the surveyor and suitably denoted.

 

(c)  Creation of Positive Covenant

A Positive Covenant is to be created pursuant to Section 88B of the Conveyancing Act, 1919 for the maintenance of any on-site detention drainage facilities. This Covenant shall be worded as follows:

 

"It is the responsibility of the lots burdened to keep any "On-Site Detention" facilities, together with any ancillary pumps, pipes, pits etc, clean at all times, maintained in an efficient working condition.  The "On-Site Detention" facilities shall not 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.

 

(d) Allocation of Car Parking Spaces, Storage Areas and Common Property on the Final Strata Plan shall be a follows:

 

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

 

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

 

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

 

iv.        No parking spaces shall be created as an individual strata allotment on any Strata Plan of the subject building unless these spaces are surplus to the minimum number of parking spaces required. If preferred the surplus car spaces shall be permitted to be created as separate Utility Lots, (instead as a part lot of the individual strata’s unit lot), in accordance with section 39 of the Strata schemes (freehold development Act 1973.

 

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

 

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

 

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

 

(c)  The Original Strata Plan Administration Sheet(s) plus one (1) copy

 

(d) The Original of any relevant 88B instrument plus one (1) copy.

 

(e) A Section 73 (Sydney Water) Compliance Certificate for the development.

 

IMPORTANT NOTES:

 

(i)         A Strata Certificate cannot be issued unless all relevant conditions of the development consent that are to be satisfied prior to the issue of the Strata Certificate have been complied with.

 

(ii)        Council will check the consent conditions on the relevant Strata Subdivision consent. Failure to submit the required information will delay endorsement of the plan of subdivision.

 

(iii)       Council will undertake the required inspections to satisfy the requirements of clause 29A of the Strata Schemes (freehold Development) Regulation 2007 to determine the Strata Certificate.

 

(iv)      Strata Plans, Administration Sheets, 88B Instruments and copies must not be folded.

 

(v)       All Strata Plans, Strata Plan Administration Sheets and 88B Instruments shall be submitted to Council enclosed in a protective cardboard tube (to prevent damage during transfer).

 

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.

 

64.       ONG3006 - Development Engineering - Ongoing maintenance of the on-site detention system - The Owner(s) must in accordance with this condition and any positive covenant:

 

(a) Permit stormwater to be temporarily detained by the system;

 

(b) Keep the system clean and free of silt rubbish and debris;

 

(c) If the car park is used as a detention basin, a weather resistant sign must be maintained in a prominent position in the car park warning residents that periodic inundation of the car park may occur during heavy rain;

 

(d) Maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council;

 

(e) Carry out the matters referred to in paragraphs (b) and (c) at the Owners expense;

 

(f)   Not make any alterations to the system or elements thereof without prior consent in writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly;

 

(g) Permit the Council or its authorised agents from time to time upon giving reasonable notice (but at anytime and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant;

 

(h)  Comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice;

 

(i)   Where the Owner fails to comply with the Owner’s obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner’s cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations;

 

(j)   Indemnify the Council against all claims or actions and costs arising from those claims or actions which Council may suffer or incur in respect of the system and caused by an act or omission by the Owners in respect of the Owner’s obligations under this condition.

 

65.       ONG3002 - Development Engineering - Notification of Unit Numbers - On the issue of any Strata Certificate the Accredited Strata Certifier shall submit to Council a list of the unit numbers and there corresponding lot numbers.

 

66.       ONG3005 - Development Engineering - Additional requirements for the issue of a Strata Certificate - In addition to the statutory requirements of the Strata Schemes (Freehold Development) Act 1973 a Strata Certificate must not be issued which would have the effect of:

 

(a) The removal of any areas of common property shown upon the approved Development Application plans and allocated to any one or more strata lots,

 

(b) The removal of any visitor parking spaces from the strata scheme and allocated to any one or more strata lots , or

 

(c)  Any unit’s parking space or storage area is not strata subdivided as separate strata lot.

 

(d) Under no circumstances shall any future Strata By-Laws be created to grant exclusive use of nominated Visitors Parking spaces to occupants/owners of units or tenancies within the building.

 

Note: This condition has been imposed to ensure that: (a) common property is not alienated from the strata scheme and assigned to any one or more strata lots, (b) visitor parking is not alienated from the strata scheme and assigned to any one or more strata lots such that visitors would be restricted from lawful access and use of required visitor parking, (c) parking spaces and storage areas are not strata subdivided as separate strata lots which may be sold with full strata title rights as a parking space or storage area lot, reducing available parking and storage to strata lots and visitors required to reduce demand for on-street public parking.

 

67.       ONG7002 - Building - Annual Fire Safety Statement - In accordance with Clause 177 of the Environmental Planning and Assessment Regulation, 2000 the owner of the building premises must cause the Council to be given an annual fire safety statement in relation to each essential fire safety measure implemented in the building. The annual fire safety statement must be given:   

 

(a)       Within twelve (12) months after the date on which the fire safety certificate was received.

(b)       Subsequent annual fire safety statements are to be given within twelve (12) months after the last such statement was given.

(c)        An annual fire safety statement is to be given in or to the effect of Clause 181 of the Environmental Planning and Assessment Regulation, 2000.

(d)       A copy of the statement is to be given to the Commissioner of Fire and Rescue NSW, and a further copy is to be prominently displayed in the building.

           

68.       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.

 

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.

 

69.       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 <http://www.workcover.nsw.gov.au>

 

Schedule B – Prescribed Conditions

 

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

 

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which prescribed conditions apply.

 

 

70.       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.

 

71.       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.

 

72.       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.

 

73.       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.

 

74.       PRES1007 - Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

 

Schedule C – Operational & Statutory Conditions

 

These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.

 

75.       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.

 

76.       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.

 

77.       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.

 

78.       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.

 

79.       OPER1005 - Subdivision Work – Construction Certificate & Appointment of Principal Certifying Authority - Subdivision work in accordance with a development consent cannot commence until:

 

(a) A Construction Certificate has been issued by the consent authority, the council (if not the consent authority) or an accredited certifier; and

(b) The beneficiary of the consent has appointed a Principal Certifying Authority for the subdivision work.

 

No later than two (2) days before the subdivision work commences, the PCA must notify:

 

(a) The consent authority and the council (if not the consent authority) of his or her appointment; and

(b) The beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the subdivision work.

 

An Information Pack is attached for your convenience should you wish to appoint Hurstville City Council as the Principal Certifying Authority for your development.

 

80.       OPER1006 - Subdivision work – Notice of Commencement - The beneficiary of the development consent must give at least two (2) days notice to the Council and the PCA of their intention to commence the subdivision works.

 

A Notice of Commencement Form is attached for your convenience.

 

81.       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.

 

82.       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.

 

83.       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 4-6 Lawrence Street, click here

 

 

APPENDICES

Appendix View1

Map

Appendix View2

Photo 1

Appendix View3

Photo 2

Appendix View4

Plans

Appendix View5

4 - 6 Lawrence Redacted elevation for council meeting

Appendix View6

4 - 6 Lawrence - Redacted Site plan for Council Meeting

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL114-14             4-6 Lawrence Street Peakhurst - Demolition of the existing dwelling houses and construction of a three storey residential flat building with basement car parking

[Appendix 1]           Map

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL114-14             4-6 Lawrence Street Peakhurst - Demolition of the existing dwelling houses and construction of a three storey residential flat building with basement car parking

[Appendix 2]           Photo 1

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL114-14             4-6 Lawrence Street Peakhurst - Demolition of the existing dwelling houses and construction of a three storey residential flat building with basement car parking

[Appendix 3]           Photo 2

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL114-14             4-6 Lawrence Street Peakhurst - Demolition of the existing dwelling houses and construction of a three storey residential flat building with basement car parking

[Appendix 4]           Plans


 


 


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL114-14             4-6 Lawrence Street Peakhurst - Demolition of the existing dwelling houses and construction of a three storey residential flat building with basement car parking

[Appendix 5]           4 - 6 Lawrence Redacted elevation for council meeting


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL114-14             4-6 Lawrence Street Peakhurst - Demolition of the existing dwelling houses and construction of a three storey residential flat building with basement car parking

[Appendix 6]           4 - 6 Lawrence - Redacted Site plan for Council Meeting


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL115-14        67 Trafalgar Street Peakhurst - Demolition of existing dwelling and construction of three storey multi dwelling housing development comprising of four (4) x dwellings with basement parking and strata subdivision 

Applicant

Arthur Velliss Architects

Proposal

Demolition of existing dwelling and construction of three storey multi dwelling housing development comprising of four (4) x dwellings with basement parking and strata subdivision

Owners

Mrs M Vardas, Ms K Tsolakis and Mr G J Vardas

Report Author/s

Senior Development Assessment Officer, Ms T Gizzi

File

DA2013/0371

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone R3 – Medium Density Residential

Existing Development

Single storey dwelling house with outbuildings

Cost of Development

$1,100,000.00

Reason for Referral to Council

Twelve submissions received and variation to DCP1

Planning Instruments Applicable

Hurstville Local Environmental Plan 2012, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index (BASIX) 2004,  Development Control Plan No 1 – LGA Wide – Section 2.2 Neighbour Notification, Section 3.1 Car Parking, Section 3.3 Access and Mobility, Section 3.4 Crime Prevention through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On-Site Detention (OSD) Requirements, Section 3.9 Waste Management, Section 3.11 Preservation of Trees and Management, Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environment Plan Interpretation of Use

Demolish, Multi-dwelling housing and Subdivision of land

 

EXECUTIVE SUMMARY

1.         Development consent is sought for demolition of the existing building and construction of a multi dwelling housing development comprising four (4) dwellings and basement car parking. Strata subdivision is also proposed.

2.         The proposed development has been assessed against the requirements of the relevant environmental planning instruments and Development Control Plan and found to be inconsistent with the side boundary envelope controls for multi dwelling housing under Development Control Plan No.1. However the variations are found to be acceptable in this instance.

3.         The site is located in the R3 – Medium Density Residential Zone.

4.         The application was notified/advertised to thirteen (13) resident/owners and twelve (12) submissions objecting to the development were received in reply.

 

AUTHOR RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

 

REPORT DETAIL

 

DESCRIPTION OF THE PROPOSAL

Development consent is sought for the demolition of the existing buildings on site and construction of a part two (2)/part three (3) storey multi dwelling housing development with basement car parking at 67 Trafalgar Street, Peakhurst.

 

The development will provide four (4) dwellings in a ‘terrace’ or ‘row house’ style configuration ie four (4) dwellings attached in a single row across the front of the site.  The dwellings are described as follows:

 

Unit 1 - Two (2) storey end terrace comprising three (3) bedrooms and associated living spaces.

 

Units 2 and 3 – Three (3) storeys mid terrace each comprising four (4) bedrooms and associated living spaces.

 

Unit 4 – Two (2) storey end terrace comprising two (2) bedrooms and associated living spaces.

 

Basement parking is provided for nine (9) vehicles including one (1) visitor space. A garbage store room is also provided in the basement. The basement car park is accessed off Trafalgar Street adjacent to the eastern side boundary.

 

To facilitate the development, four (4) small trees will be removed from the property.

 

The application also proposes Strata subdivision of the site.

 

HISTORY

12 Nov 13                  Development Application lodged

22 Nov 13                  The application was notified and advertised

5 Mar 14                     Council resolved to amend Development Control Plan No 1 introducing a minimum site area of 315sqm, hold workshop and that all multiple dwelling applications be referred to Council until the controls are determined

18 Mar 14                  Amended plans received to address Council’s concerns including a reduction in the height of Units 1 and 4.

26 Mar 14                  Workshop on multiple dwellings held.

2 Apr 14                     Development Control Plan amendments endorsed for public exhibition

10 Apr 14                   Development Control Plan exhibition commended for twenty eight (28) days

10 Apr 14                   Further amended information received to address Council’s concerns including amendments to the private open space and side boundary envelope.

 

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is legally described as Lot 122 in DP 36317 and is known as 67 Trafalgar Street, Peakhurst. The site is located on the southern side of the road and is approximately 19m east of the intersection with Gover Street.

 

The site is irregular in shape as it has an arced frontage of 26.845m to Trafalgar Street, an eastern boundary of 32.18m, a western boundary of 22.25m and an angular rear boundary measuring 25.675m. The total area of the site is 695.8sqm. The site has a fall of approximately 3m from the rear boundary to the street.

 

Currently occupying the site is a single storey dwelling house and detached garage. Adjoining the site to the east are single storey dwelling houses, however it is noted that a current Development Application is with Council for the construction of a residential flat building on this site.  To the west and south of the site are single storey dwelling houses.

 

A street tree is located in front of the site within the Council nature strip.

 

COMPLIANCE AND ASSESSMENT

The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979. 

 

1.      Environmental Planning Instruments

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

The extent to which the proposed development complies with the Hurstville Local Environmental Plan 2012 is detailed and discussed in the table below.

 

Clause

Standard

Proposal

Complies

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

The proposal is consistent with the aims of the plan

Yes

1.4 - Definitions

Multi Dwelling Housing

Multi Dwelling Housing

Yes

2.3 - Zone objectives and Land Use Table

Meets objectives of R3 Zone

 

Development must be permissible with consent

Multi dwelling housing is permissible with development consent in the R3 Zone. The development is found to be consistent with the objectives of the zone.

Yes

2.6 - Subdivision

Subdivision is permissible with consent

Strata subdivision is proposed as part of this application.

Yes

2.7 - Demolition

Demolition is permissible with consent

Development consent is also sought for demolition of the existing dwelling.

Yes

4.3 – Height of Buildings

12m as identified on Height of Buildings Map

10.7m

Yes

4.4 – Floor Space Ratio

1:1 as identified on Floor Space Ratio Map

0.845:1 (including one additional car parking space)

Yes

4.5 – Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl.4.5

Calculated in accordance with Clause 4.5

Yes

4.6 –Exceptions to development standards

A written requires to vary a development standard must be submitted by the applicant

Not required

N/A

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP1

The trees required to be removed from the site are not identified within DCP 1.

N/A

5.10 – Heritage conservation

Heritage impact statement required if site involves heritage item

The site is not a heritage item and is not located within the vicinity of a heritage item.

N/A

6.1 – Acid Sulfate Soils

Acid Sulfate Soils Management Plan must be prepared

The site is not affected by Acid Sulphate soils.

N/A

6.7 – Essential Services

Development consent must not be granted to development unless services that are essential for the development are available

Essential services are available to the development site.

Yes

 

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

Compliance with the relevant state environmental planning policies is detailed and discussed in the table below.

 

State Environmental Planning Policy

Complies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

State Environmental Planning Policy 55 – Remediation of Land

Yes

State Environmental Planning Policy (Building Sustainability Index BASIX) 2004

Yes

 

2.      Draft Environmental Planning Instruments

There are no draft planning instruments that apply to the proposed development.

 

Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

 

Demolition

Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal.

 

3.      Development Control Plans

The proposal has been assessed under the relevant sections of Development Control Plan No 1 as follows.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.1 - CAR PARKING

The extent to which the proposed development complies with Section 3.1 Car Parking is detailed and discussed in the table below.

 

Section 3.1 – Car Parking

Standard

Proposal

Complies

3.1.4.1 - Resident parking

 

 

3.1.4.1 -Visitor parking (4 or more dwellings)

2 bedroom – 1 space

3 or more bedroom – 2 spaces

 

1 space per 4 dwellings or part thereof

8 spaces required

9 spaces provided

 

(Note: additional parking space has been included in the calculation of floor space ratio)

Yes

3.1.4.2 –Dimension of car spaces, car parking layout, circulation, egress and egress

Compliance with AS2890.1 2004 and AS2890.2

 

Complies subject to conditions

Yes, subject to conditions

3.1.4.3 – Stencilling of driveways

Finished with plain concrete

Complies subject to conditions

Yes, subject to conditions

3.1.4.4 – Ramps transitions, driveways

Ramp grades to comply with AS2890.2 2004, Part 2

 

Longitudinal section 1:20 to be provided with development application

Complies subject to conditions

Yes, subject to conditions

3.1.4.5- Basement car parking

- Underground parking to be located under building footprint

- Minimise visual impact on street

-Mechanical ventilation and exhaust shafts to be illustrated in plans

Complies

Yes

3.1.4.6 – Parking for people with a disability

Compliance with AS1428 – Design for access and mobility and AS2890.6

Complies subject to conditions

Yes, subject to conditions

3.1.4.4 - Car washing area

1 space (which can be a visitor space)

Complies subject to conditions

Yes, subject to conditions

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.3 ACCESS AND MOBILITY

The extent to which the proposed development complies with Section 3.3 Access and Mobility is detailed and discussed in the table below.

 

Section 3.3 – Access & Mobility

Standard

Proposal

Complies

Adaptable dwellings

1 adaptable dwelling per 5 dwellings or part there of (min)

 

Adaptable dwelling complies with AS4299

Less than 5 dwellings are proposed. No adaptable dwellings are required.

N/A

Access requirements

Access in accordance with AS1428 for all persons through the principal entrance of the building and to common areas

Individual dwellings have direct access from the street, therefore there is no principal building entrance. The development does not contain common facilities.

N/A

Accessible car space

1 space per adaptable dwelling

 

Layout complies with Australian Standard

No adaptable dwellings required

N/A

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

The extent to which the proposed development complies with Section 3.4 Crime Prevention through Environmental Design is detailed and discussed in the table below.

 

Section 3.4

Standard

Proposal

Complies

Site and building Layout

-Provide surveillance opportunities

-Building addresses street

--Habitable rooms are directed towards the front of the building

-Garages are not dominant

-Offset windows

Surveillance of the street is available from the living spaces and bedrooms of all dwellings.

 

The basement car park is not considered to be a dominant feature within the overall streetscape, given its location below street level

Yes

Building Identification

-Clearly numbered buildings

-Entrances numbered

-Unit numbers provided at entry

These requirements can be conditions of consent

Yes, subject to conditions

Entrances

Clearly visible and not confusing

Each dwelling benefits from a clearly identifiable street entrance

Yes

Fencing

Allows natural surveillance to street

No fencing is proposed

N/A

Blind Corners

To be avoided

No blind corners evident

Yes

Communal Areas

Provide opportunities for natural surveillance

Due to the nature of the development no communal areas at ground level or above are proposed

N/A

Landscaping

-Avoid dense medium height shrubs

-Allow spacing for low growing dense vegetation

-Low ground cover or high canopy trees around car parks and pathways

-Vegetation used as a barrier for unauthorised access

Landscaping proposed as per the landscape plan is appropriate

Yes

Lighting

-Diffused/movement sensitive lighting provided externally

-Access/egress points illuminated

-No light-spill towards neighbours

-Hiding places illuminated

-Lighting is energy efficient

These requirements can be conditions of consent

Yes, subject to conditions

Security

Provide an appropriate level of security for each dwelling, communal areas and car park

Appropriate security has been provided to each individual dwelling.

 

There are concerns that the pedestrian access to and from the garage presents a security risk given its narrow width and visibility from the street. A condition is therefore recommended requiring the installation of a security gate or similar at the top of the stairs to minimise the potential for crime within the stairwell.

Yes, subject to conditions

Car parks

Access to lifts and stairwells to be clearly defined

Access to the car parking area is clearly defined

Yes

Ownership

Use of fencing, landscaping, colour and finishes to imply ownership

The proposed landscaping clearly implies ownership and defines the public and private domain.

Yes

Building maintenance

Use materials that can be easily cleaned or use anti-graffiti paint

 

Proposed external materials and finishes are appropriate

Yes

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.5 ENERGY EFFICIENCY

A valid BASIX Certificate has been submitted with the application and the BASIX Commitments have been detailed in the design of the proposal.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ON SITE DETENTION (OSD) REQUIREMENTS

The proposed Stormwater Plan is considered satisfactory by Council’s Manager Team Leader – Subdivision and Development. Conditions have been imposed requiring the submission of further detailed plans at the Construction Certificate stage.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.9 WASTE MANAGEMENT

A Waste Management Plan has been submitted with the application which is acceptable. Standard conditions have been imposed requiring appropriate waste management during construction and as part of the on-going use of the development.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS

The extent to which the proposed development complies with Section 4.3 Multiple dwellings is detailed and discussed in the table below.

 

Section 4.3

Standard

Proposal

Complies

Minimum Street Frontage

15m

26.845m

Yes

Residential density (Floor Space Ratio)

As per Hurstville LEP 2012

(1:1)

0.845:1

Yes

Landscaped Area

20%

25%

Yes

Maximum Building Height

As per Hurstville LEP 2012 (12 metres)

10.7m

Yes

Front Site Height Maximum

9m

10.7m

Maximum height of 12m under HLEP 2012 prevails

N/A

 

Rear Site Height Maximum

6m

No dwellings are located at the rear of the site.

N/A

Number of storeys

R3 zone – 3 Storeys

3 storeys

Yes

Minimum Private Open Space Area

 

 

 

Ground floor level

Must not be located forward of the building line

 

Less than 3 beds – 50sqm

3 or more beds -60sqm

 

Min dimension -3m

Unit 1 – 63.6sqm

Unit 2 – 60sqm

Unit 3 – 60sqm

Unit 4 – 56sqm

 

 

Yes

Minimum Principal Private Open Space Area

 

 

Ground floor

Less than 3 beds – 4m x 4m

 

3 or more beds -4m x 6m

 

Slope - 1:20 (max)

Complies

Yes

Landscape Plan

Landscape Plan to be submitted with the DA

A landscape plan was submitted with the application.

Yes

Front Boundary Setbacks

Minimum 4.5m

Min.4.69m

Yes

Rear Boundary Setbacks

See building envelope below

Complies

Yes

Minimum Side Boundary

Setbacks

Comply with building envelope controls

See building envelope controls below

No (1)

Building Envelope – Side and Rear

3.5m/45 degrees for the two storey portion of the site

 

 

 

 

1.5m/45 degrees for the single storey portion of the site

Side boundary – encroachments on east and west sides.

 

Rear boundary -complies

 

Note: Due to the layout of the proposal being a terrace style development which is stacked across the front of the site, the single storey envelope control is not applicable to the development.

 

Nevertheless, to preserve amenity, the single storey envelope has been applied to the rear setback.

No (1)

Maximum excavation of natural ground level

500mm

Max.300mm

Yes

Driveways, access lanes and car parking

If street frontage is more than 20m – Must not occupy more than 33%

16%

Yes

Garages and car ports

Garages must not visually dominate the street facade

The parking for this development is located within a basement level and due to the location of the access door below street level there will not be any significant streetscape impact.

Yes

Basement parking

Basement cannot extend more than 1m above natural ground level

Maximum 1m

Yes

Visual Privacy

Habitable windows within 9m to be offset 1m or screened

Complies

Yes

Solar Design & Energy Efficiency

3hrs of sunlight upon the  open space areas of adjacent dwellings between 9am -3pm on 22 June

Complies

Yes

Fences at the front boundary

Fences facing the street – Max 1m in height

 

If Private Open Space has a common boundary to public space, height may be increased to 1.8m (must be 50% of fence to be open)

 

Nil proposed

N/A

Site Services

Site must be serviced by standard utilities

Utility services are available to the site

Yes

Storage

6 cubic metres per dwelling

Each dwelling has more than 6sqm of storage within the basement.

Yes

 

 

 

 

 

 

(1) Site Boundary Envelope and Setbacks

Development Control Plan No 1 requires buildings to be located within a 45 degree envelope measured from a height of 3.5m for the two (2) storey portion and 1.5m for the single storey portion above the natural ground level of the side and rear boundaries. As the development is concentrated to the front of the site, there is no single storey portion of the development. Nevertheless, the single storey envelope was used to assess compliance with the rear boundary envelope.

 

The development is contained entirely within the building envelope measured from the rear boundary and therefore is partially compliant with the control.

 

Encroachments beyond the side boundary envelope are evident along both the eastern and western side elevations. The encroachments are detailed as follows:

 

·          East Elevation – 2.5m high by 2.4m wide encroachment at the front of the building tapering to comply at the rear of the building.

·          West Elevation – 2.2m high by 2m wide encroachment at the front of the building, tapering to comply at the rear of the building.

 

While the encroachments are significant at the front of the site, the variation to the control is supported for the following reasons:

 

·          The encroachment primarily occurs at the front of the site where the land falls away towards the street.

·          To ensure the amenity of adjoining properties is preserved, the decreased side setbacks are offset by a significant setback of between 9m – 11.355m from the rear boundary. This successfully minimises overshadowing and privacy impacts on adjoining properties whilst providing functional private open space for each of the proposed dwellings.

·          Where the encroachments occur, the buildings are otherwise compliant with all other controls. The encroachments are associated with the two (2) storey portions of the building only.

·          The development provides for a lower density form of development than other development permissible in the R3 Medium Density Residential Zone.

 

Conclusion

In this instance, the non compliances partly arise as a result of inconsistencies between the maximum height limit provided by the Hurstville Local Environmental Plan 2012 for the R3 Zone and the controls for multi dwelling development provided in Development Control Plan No 1 which are designed for the lower density R2 Zone. The development is lower in density and floor space than the more recently approved residential flat buildings in the area and provides an alternative form of housing in the locality. In terms of bulk and scale, the development is commensurate with that envisaged for the zone. The development would successfully maintain the amenity of the adjoining properties with minimal impacts such as overshadowing or loss of privacy, particularly when compared with higher density housing. Therefore on balance, the proposed variations to the development controls are acceptable.

 

PROPOSED AMENDMENT TO DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS – Minimum Site Area per Dwelling Unit

Council is currently exhibiting amendments to this Development Control Plan principally a minimum site area control of 315sqm per multiple dwelling unit.  This will only come into operation when adopted by Council and has no effect on the development application subject to this report.

It is important to note that the amendment to Development Control Plan No 1 that seeks to establish a density control for multi dwelling housing would not apply to this development as the site is located in the R3 Medium Density Residential Zone.

 

 

4.      Impacts

 

Natural Environment

The proposal includes the removal of a number of small trees from the site however it is noted that they are not protected by Council’s Tree Preservation Order and do not require consent for removal. 

 

The application is supported by a detailed landscape plan which includes the planting of five (5) significant trees along with over one hundred and fifty (150) smaller trees, shrubs and ground covers. The proposed landscaping is sufficient to compensate for the loss of trees from the site and to ensure the character and appearance of the natural environment is preserved.

 

Built Environment

The proposed development is not considered to have an adverse impact on the built environment.

 

The built form of the proposal is consistent with that envisage by the R3 Medium Density Residential Zone and will complement the recently approved residential flat building developments in the area. The design of the development is well articulated to provide visual interest and the proposed colours and materials are consistent with the character and appearance of the locality.

 

In terms of traffic, Council’s Senior Traffic Engineer has indicated the development will not result in any significant impacts.

 

Social Impact

The development is for a residential use and is unlikely to have any adverse social impacts.

 

Economic Impact

Due to the residential nature of the development, the proposal is not considered to result in any adverse economic impacts.

 

Suitability of the Site

The subject site is free from any significant constraints and is considered suitable for the proposed development.

 

5.      REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

The application was notified/advertised to thirteen (13) resident/owners and twelve (12) submissions objecting to the development were received in reply. The issues raised in the submissions are summarised as follows.

 

Overdevelopment

Excessive bulk and scale.

 

Comment: It is noted that the area is in transition due to the recent rezoning from R2 – Low Density Residential to R3 – Medium Density Residential. The bulk and scale of the proposed development is commensurate with that envisaged for the R3 zone and is in fact smaller than a number of residential flat buildings that have recently been approved in the locality. The proposal is therefore considered acceptable in this regard.

 

Loss of significant trees or vegetation

 

Comment: Council’s Tree Management Officer has visited the site and assessed the application and raised no objections to the proposed tree removal subject to conditions of consent requiring replacement planting of eight (8) trees on the site.

 

Drainage

Inadequate stormwater drainage, existing overland flow and insufficient capacity in pipes.

 

Comment: Council’s Team Leader - Subdivision and Development has assessed the application in relation to drainage and has advised that the development can provide appropriate stormwater disposal to Trafalgar Street. Appropriate conditions of consent have been provided in the recommendation.

 

Noise

 

Comment:  Although the development will result in three (3) additional dwellings on the site, it is not anticipated that the increase in density will result in unreasonable noise impact. The development will maintain the residential use of the site and it is considered such noise associated with the use is consistent with that to be expected in an R3 zone. The development would not result in a significant increase in vehicular movements that would result in adverse noise impacts on adjoining properties. It is considered the development is appropriately designed to ensure noise impacts are minimised.

 

Access

Inadequate pedestrian access or vehicular access. No pedestrian paths.

 

Comment: The development provides appropriate pedestrian and vehicular access in accordance with Council’s requirements and Australian Standards.  Conditions requiring the construction of a footpath across the site frontage are included in the recommendation.

 

Parking

Inadequate parking or service access (loading and unloading). Residents will park in public spaces intended to serve Peakhurst Park.

 

Comment: The proposed development provides sufficient parking to satisfy Council’s requirements and in fact provides one (1) additional parking space to ensure the development meets demand. It is not considered the development will result in a significant loss of on street parking adjacent to Peakhurst Park given that adequate parking for the four dwellings is provided within the basement level.

 

As the development is for a residential use, access for loading and unloading is not required to be provided.

 

Traffic

Traffic generation. Trafalgar Street is narrow and congested.

 

Comment: The proposal will increase the number of vehicles and traffic compared with that currently experienced in Lawrence Street. However the proposal has been considered and assessed on the traffic counts undertaken by Council’s Traffic section which revealed that the existing road network is capable of accommodating the additional traffic from the proposed development.

 

Additionally, the proposal provides sufficient parking to cater for the development to minimise conflicts with on-street parking demand.

 

Non compliance with LEP or DCP

No clarification has been provided in relation to this objection.

 

Comment: The proposed development has been assessed against the relevant requirements of the Hurstville Local Environmental Plan 2012 and Development Control Plan No 1 earlier in this report. The proposed variations to the Development Control Plan No 1 controls are found to be acceptable as detailed throughout this report. The application complies in full with Hurstville Local Environmental Plan 2012.

 

Character

Out of character with the area.

 

Comment: The Peakhurst area is currently undergoing a period of transition due to the recent rezoning of the land from R2 Low Density Residential to R3 Medium Density Residential. While the area is currently dominated by single dwelling houses, the proposed development is consistent with the objectives of the zone and the envisaged future character of the area. The proposed multi-dwelling housing development is consistent in bulk and scale with recently approved residential flat buildings in the area.

 

Safety and Crime

Crime will increase.

 

Comment: The application has been assessed against Section 3.4 of Development Control Plan No 1 which relates to crime prevention and the development is found to be satisfactory. The development provides good passive surveillance of Trafalgar Street and the park opposite improving safety of these areas. It is not considered that the increased density of the development would result in any significant increase in safety and security risks.

 

Pollution

Increased rubbish, more car emissions.

 

Comment: The basement level of the proposed building contains a waste storage room which is satisfactory in size to accommodate bins required by the proposed development. This is considered satisfactory to minimise pollution.

 

The development is likely to result in additional vehicular movements which may in turn increase car emissions. However, the increase in traffic movements is considered negligible and would not result in significant impacts associated with pollutants.

 

Privacy

Loss of privacy.

 

Comment: The proposed development has been well designed to minimise privacy impacts on adjoining properties. The proposed dwellings are setback significantly from the rear boundary and no balconies are proposed to the rear elevation of the building. Private open space is located at ground level at the rear and the dwellings are otherwise designed to address Trafalgar Street and the park opposite to minimise overlooking.

 

Openings in the side elevations that serve habitable rooms have also been limited to highlight windows to protect the privacy of adjoining properties.

 

Loss of Solar Access

 

Comment: The development has been assessed against the provisions of Development Control Plan No 1 and found to be compliant in regards to solar access. All adjoining properties will maintain at least 3 hours of sunlight to their private open space areas mid winter.

 

Council Referrals

 

Team Leader – Subdivision and Development

Council’s Team Leader – Subdivision and Development has raised no objection subject to conditions of consent being attached to any consent granted.

 

Tree Management Officer

Council’s Tree Management Officer has raised no objections to the removal of trees from the site subject to conditions requiring planting of replacement trees and protection of the existing street tree.

 

6.      CONCLUSION

Development consent is sought for the demolition of the existing buildings on site and construction of a part two (2)/part three (3) storey multi dwelling housing development to accommodate four (4) dwellings and basement car parking. Strata subdivision is also proposed. The development has been assessed against the requirements of the relevant planning instruments and development control plan. The development complies in full with the provisions of Hurstville Local Environmental Plan 2012 but seeks variations to the side boundary envelope controls that relate to multi dwelling housing in Development Control Plan No 1. The proposed variations are supported as detailed throughout this report.

 

Following notification of the development, Council received twelve (12) submissions objecting to the proposal for a number of reasons including loss of amenity, inconsistency with the character of the area, traffic and parking and safety and security. A detailed assessment of all concerns raised has been provided above and it has found that the objections raised do not warrant refusal of the application.

 

Given the above 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 DA2013/0371 for the demolition of existing dwelling and construction of three (3) storey multi dwelling housing development comprising of four (4) x dwellings with basement parking and strata subdivision on Lot 122 DP 36317 and known as 67 Trafalgar Street Peakhurst, 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

Dwg No.2

26 Mar 14

Basement and Ground Floor Plans

D

Arthur Velliss Architects

Dwg No.3

26 Mar 14

First Floor and Attic Plan

F

Arthur Velliss Architects

Dwg No.4

26 Mar 14

Section

F

Arthur Velliss Architects

Dwg No.5

17 Mar 14

Elevations

C

Arthur Velliss Architects

174.14(13)/424‘A’

7 Apr 14

Landscape Plan

A

iScape Landscape Architecture

-

-

External Colour Scheme

-

Arthur Veliss Architects

-

-

Waste Management Plan

-

DPlan Urban Planning Consultants

 

2.         GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

 

   (a)     Fees to be paid to Council:

 

Schedule of fees, bonds and contributions

Fee Type

Paid

Amount

Receipt Date

Receipt No

Development Application Fee

X

$2,055.00

12 Nov 13

2010277

Plan First Fee

X

$704.00

12 Nov 13

2010277

Notification Fee

X

$226.00

12 Nov 13

2010277

DA Advertising Fee

X

$1,105.00

12 Nov 13

2010277

Long Service Levy

 

$3,850.00

 

 

Builders Damage Deposit

 

$32,214.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$260.00

 

 

S94 Residential (Community Facilities)

 

$6,691.90

 

 

S94 Residential (Open Space, Recreation, Public Domain)

 

$47,317.16

 

 

 

The following fees apply when you submit an application to Council for the Subdivision Certificate.

 

Subdivision Application Fee

X

$590.00

12 Nov 13

2010277

Subdivision Certificate Fee

 

$692.00

 

 

S88B Checking Fee

 

$292.00

 

 

 

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

 

PCA Services Fee

 

$2,237.50

 

 

Construction Certificate Application Fee

 

$2,237.50

 

 

Construction Certificate Imaging Fee

 

$229.00

 

 

 

Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

3.         GEN1003 - Section 94 Contributions - Residential Development (Community Facilities and Open Space, Recreation, Public Domain)

 

a. Amount of Contribution

Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 (as amended) and Hurstville Section 94 Development Contributions Plan 2012 the following contributions towards the cost of providing facilities shall be paid to Council:

 

Contribution Category                                                                     Amount

 

Community Facilities                                                                           $6,691.90

 

Open Space, Recreation and Public Domain Facilities                  $47,317.16

 

Total:                                                                                                     $54,009.06

 

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  NSW  2220) or viewed on Council’s website <http://www.hurstville.nsw.gov.au/Strategic-Planning.html>.

 

4.         GEN1014 - Long Service Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

 

5.         GEN1016 - Damage Deposit - Major Works - In order to insure against damage to Council property the following is required:

 

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $32,214.00 ($1,200.00 per metre of the property street frontage)

 

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $260.00 – Minimum of two (2) inspections required ($130.00 per inspection)

 

(c)  At the completion of work Council will:

 

(i)         review the dilapidation report prepared prior to the commencement works;

(ii)        review the dilapidation report prepared after the completion of works;

(iii)       Review the Works-As-Executed Drawings (if applicable); and

(iv)       inspect the public works.

 

The damage deposit will be refunded in full upon completion of work where no damage occurs and where Council is satisfied with the completion of works. Alternatively, the damage deposit will be forfeited or partly refunded based on the damage incurred.

 

(d) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

 

(e) Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

 

6.         APR6001 - Engineering - Section 138 Roads Act and Section 68 Local Government Act 1993

 

Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

 

A separate approval is required to be lodged and approved under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath):

 

(a) Placing or storing materials or equipment;

(b) Placing or storing waste containers or skip bins;

(c)  Erecting a structure or carrying out work

(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f)   Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h)  Establishing a “works zone”;

(i)   Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j)   Stormwater and ancillary works in the road reserve; and

(k)  Stormwater and ancillary to public infrastructure on private land

(l)   If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

 

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

 

The relevant Application Forms for these activities can be downloaded from Hurstville City Council’s website at: www.hurstville.nsw.gov.au

 

For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

 

7.         APR6003 - Engineering - Vehicular Crossing - Major Development - The following vehicular crossing and road frontage works will be required to facilitate access to and from the proposed development site:

 

(a)     Construct a 1.50 metre wide x 80mm thick concrete path for the full length of the frontage of the site in Trafalgar Street in accordance with Council’s Specifications for footpaths.

 

(b)     Construct a 150mm thick concrete vehicular crossing reinforced with F72 fabric in accordance with Council’s Specifications for vehicular crossings.

 

(c)     Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.  The work shall be carried out by a private contractor, subject to Council approval.

 

Constructing a vehicular crossing and/or footpath requires separate approval under Section 138 of the Roads Act 1993, prior to the issue of the Construction Certificate. 

 

To apply for approval:

 

(a) Complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Hurstville Council’s Website at www.hurstville.nsw.gov.au/I want to/Download a Council Form

 

(b) In the Application Form, quote the Development Consent No. (eg. 2012/DA-****) and reference this condition number (e.g. Condition 23)

 

(c)  Lodge the application form, together with the associated fees at Council’s Customer Service Centre, during business hours.  Refer to Section P1 and P2, in Council’s adopted Fees and Charges for the administrative and inspection charges associated with Vehicular Crossing applications.

 

Please note, that an approval for a new or modified vehicular crossing will contain the approved access and/or alignment levels which will be required to construct the crossing and/or footpath. Once approved, all work shall be carried out by a private contractor in accordance with Council’s Specification for Vehicular Crossings and Associated Works prior to the issue of the Occupation Certificate.

 

8.         APR6004 - Engineering - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Maritime Services, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road

 

9.         APR7001 - Building - Hoarding Application - Prior to demolition of the buildings on the site or the commencement of work above ground level a separate application for the erection of an A class (fence type) or a B class (overhead type) hoarding or C type scaffold, in accordance with the requirements of Work Cover Authority of NSW, must be erected along that portion of the footways/roadway where the building is within 3.0 metres of the street boundary. An application for this work under Section 68 of the Local Government Act 1993 and the Roads Act 1993 must be submitted for approval to Council.

 

The following information is to be submitted with a Hoarding Application under Section 68 of the Local Government Act and Section 138 of the Roads Act 1993:

 

(a) A site and location plan of the hoarding with detailed elevation, dimensions, setbacks, heights, entry and exit points to/from the site, vehicle access points, location of public utilities, electrical overhead wire protection, site management plan and builders sheds location; and

 

(b) Hoarding plan and details that are certified by an appropriately qualified engineer; and

 

(c)  The payment to Council of a footpath occupancy fee based on the area of footpath to be occupied and Council's Schedule of Fees and Charges (available on our website) before the commencement of work; and

 

A Public Risk Insurance Policy with a minimum cover of $10 million in relation to the occupation of and works within Council's road reserve, for the full duration of the proposed works, must be obtained a copy provided to Council. The Policy is to note Council as an interested party.

 

10.       APR7003 - Building - Below ground anchors - Information to be submitted with Section 68 Application under LGA 1993 and Section 138 Application under Roads Act 1993 - In the event that the excavation associated with the basement car park is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways, an application must be lodged with Council under Section 68 of the Local Government Act 1993 and the Roads Act 1993 for approval, prior to commencement of those works. In this regard the following matters are noted for your attention and details must be submitted accordingly:

 

(a)     Cable anchors must be stressed released when the building extends above ground level to the satisfaction of Council.

(b)     The applicant must indemnify Council from all public liability claims arising from the proposed works, and provide adequate insurance cover to the satisfaction of Council.

(c)     Documentary evidence of such insurance cover to the value of ten (10) million dollars must be submitted to Council prior to commencement of the excavation work.

(d)     The applicant must register a non-terminating bank guarantee in favour of Council for the amount of $26,845.00 ($1,000.00 per metre of the property street frontage). The guarantee will be released when the cables are stress released. In this regard it will be necessary for a certificate to be submitted to Council from a structural engineer at that time verifying that the cables have been stress released.

(e)     In the event of any works taking place on Council’s roadways/footways adjoining the property while the anchors are still stressed, all costs associated with overcoming the difficulties caused by the presence of the ‘live’ anchors must be borne by the applicant.

 

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.

 

11.       GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Plumbing, Building and Developing section of Sydney Water’s website to locate a Water Servicing Coordinator in your area. Visit: www.sydneywater.com.au <http://www.sydneywater.com.au>

 

A "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

 

The “Notice of Requirements” must be submitted prior to the commencement of work.

 

12.       GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

 

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.

 

13.       CC3014 - Development Engineering - Allocation of car parking and storage areas - A plan showing the allocation of each car space and storage area to each individual unit in accordance with the conditions of the development consent shall be prepared. This plan shall accompany the application for the Construction Certificate. 

 

14.       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 stairwell leading to the basement garage adjacent to the eastern side boundary is to be secured from the street by a security gate or similar.

(b) The stairwell leading to the basement garage adjacent to the eastern side boundary is to be fitted with security lighting. The intensity, colour and illumination must not create a nuisance and must comply with AS 4282-1997: Control of the obtrusive effects of outdoor lighting.

 

15.       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)

(c)  all clean water run-off is diverted around cleared or exposed areas

(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.

 

16.       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.

 

17.       CC2003 - Development Assessment -Construction Site Management Plan - Major Development - A Site Management Plan must be submitted with the application for the Construction Certificate, and must include the following measures:

 

·    location of protective site fencing;

·    location of site storage areas/sheds/equipment;

·    location of building materials for construction, e.g. stockpiles

·    provisions for public safety;

·    dust control measures;

·    method used to provide site access location and materials used;

·    details of methods of disposal of demolition materials;

·    method used to provide protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/skip bins;

·    details of proposed sediment and erosion control measures;

·    method used to provide construction noise and vibration management;

·    construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any works including demolition and excavation.  The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity.  A copy of the Site Management Plan must be retained on site and is to be made available upon request.

 

18.       CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No.495391M_02 dated 8 April 2014, approved with the Development Consent No. DA2013/0371 must be implemented on the plans lodged with the application for the Construction Certificate.

 

19.       CC3001 - Development Engineering - Stormwater System - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

The basement water shall pump to and all other stormwater shall drain by gravity to Council's kerb and gutter directly in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

20.       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.

 

21.       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

 

22.       CC5002 - Trees - Tree Protection and Retention - The following trees shall be retained and protected:

 

(a)      Melaleuca sp. (Paperbark) located on council nature strip

 

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.

 

23.       CC5003 - Trees - Tree Removal and Replacement - Private Land - Permission is granted for the removal of the following trees:

 

(a) Tibouchina sp (Tibouchina)

(b) three (3) Frangipani Trees (Plumeria)

 

Eight (8) trees selected from the list of suitable species in the Hurstville City Council’s Tree Removal and Pruning Guidelines must be replanted within the front/rear yard of the subject site. Trees are to be replanted a minimum of 3m away from any driveway, building or structure.

The selected trees shall have a minimum pot size of 200mm. A copy of Hurstville Council’s Tree Removal and Pruning Guidelines, can be downloaded from Council’s website www.hurstville.nsw/Residents/Tree Management.

 

24.       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).

 

25.       CC7006 - Building - Vibration Damage - To minimise vibration damage and loss of support to the buildings in close proximity to the development, any excavation is to be carried out by means of a rock saw and if available, in accordance with the guidelines of the Geotechnical Engineer’s report.

Alternatively where a hydraulic hammer is to be used within 30 metres of any building (other than a path or a fence) a report from a qualified geotechnical engineer detailing the maximum size of hammer to be used is to be obtained and the recommendations in that report implemented during work on the site. The report shall be submitted with the Construction Certificate application.

 

26.       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

(c)   slabs

(d)  columns

(e)  structural steel

(f)    reinforced building elements

(g)  swimming pool design

(h)   retaining walls

(i)    stabilizing works

(j)    structural framework

 

27.       CC7010 - Building - Geotechnical Reports - The applicant must submit a Geotechnical Report, prepared by a suitably qualified Geotechnical Engineer who holds the relevant Certificate of accreditation as required under the Building Professionals Act 2005 in relation to dilapidation reports, all site works and construction.  This is to be submitted before the issue of the Construction Certificate and is to include:

 

            (a)       Investigations certifying the stability of the site and specifying the design constraints to be placed on the foundation, any earthworks/stabilization works and any excavations.

 

            (b)       Dilapidation Reports on the adjoining properties including, but not limited to all properties with a common boundary to a development site prior to any excavation of site works.  The Dilapidation Report is to include assessments on, but not limited to, the dwellings at those addresses and any external paths, grounds etc.  This must be submitted to the Certifying Authority and the adjoining residents as part of the application for the Construction Certificate.  Adjoining residents are to be provided with the report five (5) working days prior to any works on the site.

 

            (c)       On-site guidance by a vibration specialist during the early part of excavation.

 

            (d)       Rock breaking techniques.  Rock excavation is to be carried out with tools such as rock saws which reduce vibration to adjoining buildings and associated structures.

 

            (e)       Sides of the excavation are to be piered prior to any excavation occurring to reinforce the walls of the excavation to prevent any subsidence to the required setbacks and neighbouring sites.

 

28.       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.

 

29.       CC8002 - Waste - Waste Storage Containers - Home Units - The following waste and recycling facilities will be required:-

 

Domestic Waste:-  1 x 120 litre Mobile Garbage Bins (MGB’s) per dwelling;

Domestic Recycling:- 1 x 240 litre MGB’s per dwelling;

Green Waste: - 1 x 240 litre MGB’s per dwelling.

 

All waste and recycling containers shall be stored in an approved waste storage area that is large enough to store the required number of bins.

 

The location of the proposed Waste Storage Area as shown on the submitted plan is not easily accessible for Council’s Waste Contractor to service the bins. Accordingly, it will be the responsibility of the Owners Corporation to present the MGB’s for collection and return them to the storage area after they have been emptied.

 

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

 

30.       PREC2001 - Building regulation - Site sign - Soil and Erosion Control Measures - Prior to the commencement of works (including demolition and excavation), the durable site sign issued by Hurstville City Council in conjunction with this consent must be erected in a prominent location on site.  The site sign warns of the penalties which apply to pollution, storing materials on road or footpath and breaches of the conditions relating to erosion and sediment controls.  The sign must remain in a prominent location on site up until the completion of all site and building works.

 

31.       PREC2002 - Development Assessment - Demolition and Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2011 - Demolition of Structures, NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011. The work plans required by AS2601-2001 shall be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement shall be submitted to the Principal Certifying Authority prior to the commencement of works.

 

For demolition work which involves the removal of asbestos, the asbestos removal work must be carried out by a licensed asbestos removalist who is licensed to carry out the work in accordance with the NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011 unless specified in the Act and/or Regulation that a license is not required.

 

The asbestos removal work shall also be undertaken in accordance with the How to Safely Remove Asbestos: Code of Practice published by Work Cover NSW.

 

Copies of the Act, Regulation and Code of Practice can be downloaded free of charge from the Work Cover NSW website: www.workcover.nsw.gov.au

 

32.       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.

 

33.       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 Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.

 

(f)         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.

 

(g)        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.

 

34.       PREC6002 - Engineering - Dilapidation Report on Public Land - 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)         Public infrastructure on Trafalgar Street

 

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,

(c)        Photographs showing the existing condition of the footpath pavement fronting the site,

(d)        Photographs showing the existing condition of any retaining walls within the footway or road, and

(e)        Closed circuit television/video inspection (in DVD format) of public stormwater drainage systems fronting, adjoining or within the site, and

(f)         The full name and signature of the structural engineer.

 

The reports are to be supplied in both paper copy and electronic format in Word. Photographs are to be in colour, digital and date stamped.

 

Council will use this report to determine whether or not to refund the damage deposit after the completion of works.

 

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.

 

35.       CON2001 - Development Assessment - Hours of construction, demolition and building related work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A penalty infringement notice may be issued for any offence.

 

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

 

36.       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.

 

37.       CON5001 - Trees - Tree Removal on Private Land - The trees identified as ‘to be removed/pruned’ on the approved plans or by conditions of this consent shall be removed in accordance with AS4373 -2007 Pruning of Amenity Trees and the Trees Work Industry Code of Practice (WorkCover NSW, 1998).

 

38.       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.

 

39.       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.

 

40.       CON8001 - Waste - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the Principal Certifying Authority and a copy provided to the Manager Environmental Services, Hurstville City Council.

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

 

41.       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.495391M-02, dated 8 April 2014, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

 

42.       OCC2005 - Development Assessment - Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

 

43.       OCC2006 - Development Assessment - Post Construction Dilapidation report - Private Land - At the completion of the construction works, a suitably qualified person is to be engaged to prepare a post-construction dilapidation report.  This report is to ascertain whether the construction works associated with the subject development created any structural damage to the following adjoining premises:

 

(a) All properties with a common boundary to the site

 

The report is to be prepared at the expense of the beneficiary of the consent and submitted to the Principal Certifying Authority (PCA) prior to the issue of the Occupation Certificate.  In ascertaining whether adverse structural damaged has occurred to the adjoining premises, the PCA, must compare the post construction dilapidation report with the pre-construction dilapidation report required by conditions in this consent.

 

Evidence confirming that a copy of the post construction dilapidation report was delivered to the adjoining properties subject of the dilapidation report must be provided to the PCA prior to the issue of the Occupation Certificate.

 

44.       OCC2007 - Development Assessment - Allocation of car parking spaces - Car parking associated with the development is to be allocated as follows:

 

(a) Residential dwellings:
- Minimum one (1) space per two (2) bedroom dwelling
- Minimum two (2) spaces per three (3) or more bedroom dwellings

(b) Residential visitors: Minimum one (1) space

(c)  Car wash bay: One (1) space which can be the visitor space

 

45.       OCC6002 - Engineering - Vehicular crossing and Frontage work - Major development - The following road frontage works shall be constructed in accordance with Council's, Specification for Vehicular Crossings and Associated Works together with the Vehicular Crossing Approval issued by Council’s Engineering Services Division:

 

(a)     Construct a 1.50 metre wide x 80mm thick concrete path for the full length of the frontage of the site in Trafalgar Street in accordance with Council’s Specifications for footpaths.

 

(b)     Construct a 150mm thick concrete vehicular crossing reinforced with F72 fabric in accordance with Council’s Specifications for vehicular crossings.

 

(c)     Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.  The work shall be carried out by a private contractor, subject to Council approval.

 

A private contractor shall carry out the above work, at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

 

The driveway and road frontage works are to be completed before the issue of the Occupation Certificate.

 

46.       OCC6008 - Engineering - Dilapidation Report on Public Land for Major Development Only - Upon completion of works, a follow up dilapidation report must be prepared on Council infrastructure adjoining the development site,  including:

 

(a) Infrastructure in Trafalgar Street

 

The dilapidation report must be prepared by a qualified structural engineer.  The report must be provided to the Principal Certifying Authority and a copy provided to the Council.

 

The report must include the following:

 

(a) Photographs showing the condition of the road pavement fronting the site,

(b) Photographs showing the condition of the kerb and gutter fronting the site,

(c)  Photographs showing the condition of the footway including footpath pavement fronting the site

(d) Photographs showing the condition of retaining walls within the footway or road, and

(e) Closed circuit television/video inspection (in DVD format) of public stormwater drainage systems fronting, adjoining or within the site, and

(f)   The full name and signature of the professional engineer.

 

The reports are to be supplied in both paper copy and electronic format in Word. Photographs are to be in colour, digital and date stamped.

 

Council’s Engineering Services Section must advise in writing that the works have been completed to their satisfaction prior to the issue of the Occupation Certificate. Further, Council will use this report to determine whether or not to refund the damage deposit.

 

PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Subdivision Certificate.

 

47.       SUBS9001 - Subdivision - Completion of Site Works - The following works shall be completed on site and documentation submitted prior to the issue of the Subdivision Certificate:

 

(a)      Construction Requirements

The structures of the building(s) that define the boundaries of all parts of the Strata Lots, including the Common Property shall be constructed in accordance with the approved plans and conditions of Development Consent No DA/2013/0371.

 

This shall include the completion of all internal driveways/ramps and hardstand areas for car spaces on the site prior to the issue of the Strata Certificate.

 

(b)      Unit Numbering

Permanent Apartment type numbers shall be installed in a prominent position adjacent to the entrance of each unit.

 

Each unit shall be numbered in accordance with the strata plan lot numbering prior to the issue of the Strata Certificate.

 

(c)       Letterboxes

Separate letterboxes, for each unit and the Owner's Corporation, shall be provided with permanent type numbers to be installed to each letterbox prior to the issue of the Strata Certificate.

 

(d)      Street Number

The street number 67 is to be displayed in a prominent location in the front of the site prior to the issue of the Strata Certificate.

 

(e)      Car parking space marking and numbering

Each basement car space shall be line marked with paint and numbered in accordance with the unit numbering prior to the issue of the Strata Certificate.

(f)        Visitor Parking Sign

“Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces prior to the issue of the Strata Certificate.

 

(g)      On Site Detention Sign

A screw-on professionally made sign shall be installed adjacent to any on-site detention facility prior to the issue of the Strata Certificate. The sign shall contain the following text (or similar):

 

"This on-site detention facility is subject to possible surface overflow during heavy storms."

 

(h)       Courtyard Fencing

All courtyard fencing is to be completed on site prior to the issue of the Strata Certificate.

 

(i)        Compliance Certificate from Sydney Water

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Co-ordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

 

Following application, a "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Co-ordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to Council prior to the issue of the Strata/Subdivision Certificate.

 

48.       SUBS9003 - Subdivision - Requirement for application of a Strata Certificate - Section 37 - To enable the determination of the application for a Strata Certificate by Hurstville City Council or an Accredited Strata Certifier, the applicant must submit the following:

 

(a) Application for Strata Certificate form duly completed with payment of fees current at lodgement; and

 

(b) Three (3) copies of the Final Strata Plan prepared by a Registered Surveyor in accordance with the above final Strata Plan requirements

 

(c)  The Original Strata Plan Administration Sheet(s) plus one (1) copy

 

(d) The Original of any relevant 88B instrument plus one (1) copy.

 

(e) A Section 73 (Sydney Water) Compliance Certificate for the development.

 

IMPORTANT NOTES:

 

(i)         A Strata Certificate cannot be issued unless all relevant conditions of the development consent that are to be satisfied prior to the issue of the Strata Certificate have been complied with.

 

(ii)        Council will check the consent conditions on the relevant Strata Subdivision consent. Failure to submit the required information will delay endorsement of the plan of subdivision.

 

(iii)       Council will undertake the required inspections to satisfy the requirements of clause 29A of the Strata Schemes (freehold Development) Regulation 2007 to determine the Strata Certificate.

 

(iv)      Strata Plans, Administration Sheets, 88B Instruments and copies must not be folded.

 

(v)       All Strata Plans, Strata Plan Administration Sheets and 88B Instruments shall be submitted to Council enclosed in a protective cardboard tube (to prevent damage during transfer).

 

49.       SUBS9002 - Subdivision - Final Strata Plan Requirements - A final Strata Plan shall be prepared by a Registered Surveyor and include (but not be limited to) the following:

 

(a)      Designation of Visitor Car Spaces on Strata Plan

Visitor car spaces shall be designated on the final strata plan as "Visitor Parking - Common Property".

 

(b)      On Site Detention

The location of the on-site detention facility is to be shown on the strata plans by the surveyor and suitably denoted.

 

(c)       Creation of Positive Covenant

A Positive Covenant is to be created pursuant to Section 88B of the Conveyancing Act, 1919 for the maintenance of any on-site detention drainage facilities. This Covenant shall be worded as follows:

 

"It is the responsibility of the lots burdened to keep any "On-Site Detention" facilities, together with any ancillary pumps, pipes, pits etc, clean at all times, maintained in an efficient working condition.  The "On-Site Detention" facilities shall not 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.

 

(d)      Allocation of Car Parking Spaces, Storage Areas and Common Property on the  Final Strata Plan shall be a follows:

 

i.          All car parking spaces shall be created as a part lot of the individual strata’s unit lot in any Strata Plan of the subject building.

 

ii.         All storage areas shall be created as a part lot of the individual strata’s unit lot or a separate Utility Lot (if practical) in any Strata Plan of the subject building.

 

iii.        The minimum number of parking spaces required to be allocated as a part lot to each individual strata’s unit lot shall be in accordance with the car parking requirements of Council's Development Control Plan and as required by the relative development consent for the building construction.

 

iv.        No parking spaces shall be created as an individual strata allotment on any Strata Plan of the subject building unless these spaces are surplus to the minimum number of parking spaces required. If preferred the surplus car spaces shall be permitted to be created as separate Utility Lots, (instead as a part lot of the individual strata’s unit lot), in accordance with section 39 of the Strata schemes (freehold development Act 1973.

 

ONGOING CONDITIONS

These conditions have been imposed to ensure that the use or operation of the development does not adversely impact on the amenity of the neighbourhood or environment.

 

50.       ONG4016 - Health - Outdoor Lighting - Residential - Outdoor lighting must comply with AS 4282-1997 - Control of the obtrusive effects of outdoor lighting.  The maximum luminous intensity from each luminare must not exceed the Level 1 control relevant under Table 2.2 of AS 4282.  The maximum illuminance and the threshold limits must be in accordance with Table 2.1 of AS 4282.

 

51.       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.

 

52.       ONG3002 - Development Engineering - Notification of Unit Numbers - On the issue of any Strata Certificate the Accredited Strata Certifier shall submit to Council a list of the unit numbers and there corresponding lot numbers.

 

53.       ONG3004 - Development Engineering - Conditions relating to future Strata Subdivision of Buildings

           

            No approval is expressed or implied for the subdivision of the subject building(s).  For any future Strata subdivision, a separate Development Application or Complying Development Certificate shall be approved by Council or an Accredited Certifier.

 

Prior to the issue of any Strata Certificate of the subject building(s) the following conditions shall be satisfied:

 

(a) Unit Numbering

Apartment type numbers shall be installed adjacent or to the front door of each unit.

The unit number shall coincide with the strata plan lot numbering.

 

(b) Car Parking Space Marking and Numbering

Each basement car space shall be line marked with paint and numbered in accordance with the strata plan lot numbering.

 

“Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces prior to the issue of any Strata Certificate.

 

(c)     Designation of Visitor Car Spaces on any Strata Plan

Any Visitor car spaces shall be designated on the final strata plan as "Visitor Parking - Common Property".

 

(d)     Allocation of Car Parking Spaces, Storage Areas and Common Property on any Strata Plan

i.     All car parking spaces shall be created as a part lot of the individual strata’s unit lot in any Strata Plan of the subject building.

 

ii. All storage areas shall be created as a part lot of the individual strata’s unit lot or a separate Utility Lot (if practical) in any Strata Plan of the subject building.

 

iii. The minimum number of parking spaces required to be allocated as a part lot to each individual strata’s unit lot shall be in accordance with the car parking requirements of Council's Development Control Plan and as required by the relative development consent for the building construction.

 

iv. No parking spaces shall be created as an individual strata allotment on any Strata Plan of the subject building unless these spaces are surplus to the minimum number of parking spaces required.

 

If preferred the surplus car spaces shall be permitted to be created as separate Utility Lots, (instead as a part lot of the individual strata’s unit lot), in accordance with Section 39 of the Strata Schemes (Freehold Development) Act 1973.

 

The above requirements regarding car parking spaces and storage areas may only be varied with the conditions of a separate Development Application Approval for Strata Subdivision of the Building(s).

 

(e)     On Site Detention Requirements

The location any on-site detention facility shall be shown on the strata plan and suitably denoted.

 

(f)      Creation of Positive Covenant

A Positive Covenant shall be created over any on-site detention facility by an Instrument pursuant to Section 88B of the Conveyancing Act 1919, with the covenant including the following wording:

 

"It is the responsibility of the Owner's Corporation to keep the on-site detention facilities, together with any ancillary pumps, pipes, pits etc, clean at all times and maintained in an efficient working condition. The on-site detention facilities shall not be modified in any way without the prior approval of Hurstville City Council."

 

Hurstville City Council is to be nominated as the Authority to release, vary or modify this Covenant.

 

54.       ONG3005 - Development Engineering - Additional requirements for the issue of a Strata Certificate - In addition to the statutory requirements of the Strata Schemes (Freehold Development) Act 1973 a Strata Certificate must not be issued which would have the effect of:

 

(a) The removal of any areas of common property shown upon the approved Development Application plans and allocated to any one or more strata lots,

 

(b) The removal of any visitor parking spaces from the strata scheme and allocated to any one or more strata lots , or

 

(c)  Any unit’s parking space or storage area is not strata subdivided as separate strata lot.

 

(d) Under no circumstances shall any future Strata By-Laws be created to grant exclusive use of nominated Visitors Parking spaces to occupants/owners of units or tenancies within the building.

 

Note: This condition has been imposed to ensure that: (a) common property is not alienated from the strata scheme and assigned to any one or more strata lots, (b) visitor parking is not alienated from the strata scheme and assigned to any one or more strata lots such that visitors would be restricted from lawful access and use of required visitor parking, (c) parking spaces and storage areas are not strata subdivided as separate strata lots which may be sold with full strata title rights as a parking space or storage area lot, reducing available parking and storage to strata lots and visitors required to reduce demand for on-street public parking.

 

55.       ONG3006 - Development Engineering - Ongoing maintenance of the on-site detention system - The Owner(s) must in accordance with this condition and any positive covenant:

 

(a) Permit stormwater to be temporarily detained by the system;

 

(b) Keep the system clean and free of silt rubbish and debris;

 

(c) If the car park is used as a detention basin, a weather resistant sign must be maintained in a prominent position in the car park warning residents that periodic inundation of the car park may occur during heavy rain;

 

(d) Maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council;

 

(e) Carry out the matters referred to in paragraphs (b) and (c) at the Owners expense;

 

(f)   Not make any alterations to the system or elements thereof without prior consent in writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly;

 

(g) Permit the Council or its authorised agents from time to time upon giving reasonable notice (but at anytime and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant;

 

(h)  Comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice;

 

(i)   Where the Owner fails to comply with the Owner’s obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner’s cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations;

 

(j)   Indemnify the Council against all claims or actions and costs arising from those claims or actions which Council may suffer or incur in respect of the system and caused by an act or omission by the Owners in respect of the Owner’s obligations under this condition.

 

ADVICE

This advice has been included to provide additional information  and where available direct the applicant to additional sources of information based on the development type.

 

56.       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 <http://www.workcover.nsw.gov.au>

 

Schedule B – Prescribed Conditions

 

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

 

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which prescribed conditions apply.

 

57.       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.

 

58.       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.

 

59.       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.

 

60.       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.

 

61.       PRES1007 - Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

 

Schedule C – Operational & Statutory Conditions

 

These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.

 

62.       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.

 

63.       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.

 

64.       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.

 

65.       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.

 

66.       OPER1005 - Subdivision Work – Construction Certificate & Appointment of Principal Certifying Authority - Subdivision work in accordance with a development consent cannot commence until:

 

(a) A Construction Certificate has been issued by the consent authority, the council (if not the consent authority) or an accredited certifier; and

(b) The beneficiary of the consent has appointed a Principal Certifying Authority for the subdivision work.

 

No later than two (2) days before the subdivision work commences, the PCA must notify:

 

(a) The consent authority and the council (if not the consent authority) of his or her appointment; and

(b) The beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the subdivision work.

 

An Information Pack is attached for your convenience should you wish to appoint Hurstville City Council as the Principal Certifying Authority for your development.

 

67.       OPER1006 - Subdivision work – Notice of Commencement - The beneficiary of the development consent must give at least two (2) days notice to the Council and the PCA of their intention to commence the subdivision works.

 

A Notice of Commencement Form is attached for your convenience.

 

68.       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.

 

69.       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.

 

70.       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 videos relating to 67 Trafalgar Street Peakhurst click here

 

 

APPENDICES

Appendix View1

Attachment 1 - Location Map - 67 Trafalgar Street Peakhurst

Appendix View2

Attachment 2 - Photo - 67 Trafalgar Street Peakhurst

Appendix View3

Attachment 3 -Site Plan - 67 Trafalgar Street Peakhurst

Appendix View4

Attachment 4 - Elevation - 67 Trafalgar St Peakhurst

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL115-14             67 Trafalgar Street Peakhurst - Demolition of existing dwelling and construction of three storey multi dwelling housing development comprising of four (4) x dwellings with basement parking and strata subdivision

[Appendix 1]           Attachment 1 - Location Map - 67 Trafalgar Street Peakhurst

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL115-14             67 Trafalgar Street Peakhurst - Demolition of existing dwelling and construction of three storey multi dwelling housing development comprising of four (4) x dwellings with basement parking and strata subdivision

[Appendix 2]           Attachment 2 - Photo - 67 Trafalgar Street Peakhurst

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL115-14             67 Trafalgar Street Peakhurst - Demolition of existing dwelling and construction of three storey multi dwelling housing development comprising of four (4) x dwellings with basement parking and strata subdivision

[Appendix 3]           Attachment 3 -Site Plan - 67 Trafalgar Street Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL115-14             67 Trafalgar Street Peakhurst - Demolition of existing dwelling and construction of three storey multi dwelling housing development comprising of four (4) x dwellings with basement parking and strata subdivision

[Appendix 4]           Attachment 4 - Elevation - 67 Trafalgar St Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL116-14        928 Forest Road Peakhurst - Construction of multiple dwelling development comprising four (4) dwellings 

Applicant

Traj Development Pty Ltd

Proposal

Construction of multiple dwelling development comprising four (4) dwellings

Owners

S and M Trajcevski

Report Author/s

Development Assessment Officer, Mr K Kim

File

DA2013/0410

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone R2 - Low Density Residential

Existing Development

Vacant land

Cost of Development

$825,000.00

Reason for Referral to Council

One (1) submission received

Planning Instruments Applicable

Hurstville Local Environmental Plan 2012, State Environmental Planning Policy No 55 – Remediation of Land, and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004,  Development Control Plan No 1 - LGA Wide - Section 3.1 Car Parking, Section 3.2 Subdivision, Section 3.4 Crime Prevention through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On-Site Detention (OSD) Requirements, Section 3.8 Fences Adjacent to Public Roads, Section 3.9 Waste Management, Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environment Plan Interpretation of Use

Multiple Dwelling Housing and Subdivision

 

EXECUTIVE SUMMARY

1.         The proposal seeks approval for the construction of two (2) x four (4) bedroom two (2) storey townhouses and two (2) x two (2) bedroom single storey villas as a multiple dwelling development and strata subdivision of land known as 928 Forest Road Peakhurst.

2.         The proposal complies in full with the relevant Environmental Planning Instruments, Section 79C of the Environmental Planning and Assessment Act 1979 (as amended) and complies in full with the relevant Development Control Plan with the conditions included in this report. 

3.         The application was advertised and fourteen (14) adjoining residents were notified and renotified in accordance with Development Control Plan No 1 – LGA Wide. During the first notification period one (1) submission was received in relation to the proposal.

 

AUTHOR RECOMMENDATION

THAT the application be approved in accordance with the conditions detailed in the report.

 

 

REPORT DETAIL

 

DESCRIPTION OF THE PROPOSAL

The proposal seeks approval for the construction of two (2) x four (4) bedroom two (2) storey townhouses and two (2) x two (2) bedroom single storey villas as a multiple dwelling development and strata subdivision of the subject site. In detail the proposal involves the following works:

 

Units 1 and 2

* These two (2) storey townhouses to the front portion of the site consist of four (4) bedrooms and double garage for each dwelling. A courtyard with a minimum area of 60sqm is provided to each townhouse adjoining the northern side boundary.

 

* The front most dwelling (Unit 1) has a separate driveway with the garage facing the street, Forest Road and Unit 2 has its vehicular access from the long common driveway along the southern side of the site.

 

Units 3 and 4

* These single storey villas to the rear portion of the site consist of two (2) bedrooms and single garage for each dwelling. A courtyard with a minimum area of 50sqm is provided to each villa.

 

* A visitor parking space is provided on the southern side of the rear most villa with a turning area in front of the garage of this dwelling (Unit 4). These villas have vehicular access via the long common driveway along the southern side of the site with a minimum aisle width of 5.8m.

 

Strata Subdivision

* The application seeks permission to strata subdivide the development into four (4) strata allotments.

 

HISTORY

4 Dec 13                    Current development application lodged for proposed multiple dwellings (DA2013/0410)

13 Dec 13                  Application notified for fourteen (14) days

29 Jan 14                   Additional information sought from applicant

25 Feb 14                  Amended plans received

5 Mar 14                     Council resolved to amend Development Control Plan No 1 introducing a minimum site area of 315sqm, hold workshop and that all multiple dwelling applications be referred to Council until the controls are determined

20 Mar 14                  Further amended plans received

26 Mar 14                  Workshop on multiple dwellings held

31 Mar 14                  Application re-notified for fourteen (14) days

2 Apr 14                     Development Control Plan amendments endorsed for public exhibition

10 Apr 14                   Development Control Plan exhibition commended for twenty eight (28) days

11 Apr 14                   Further amended plans submitted

 

DESCRIPTION OF THE SITE AND LOCALITY

The site is located at 928 Forest Road Peakhurst (Lot 20 DP 35407) on the north western side of Forest Road between Isaac Street and Belmore Road Peakhurst. The site has a frontage of 15.845m, a rear boundary of 16.215m and a site area of 1010.3sqm.

 

The site has a slope to the front north east corner. Currently the subject site is vacant with two (2) existing on-site trees (one (1) x English Oak – Quercus robur and one (1) x Brush Box – Lophostemon confertus) near the western/rear boundary, which are being retained with this application. It is noted that an arborist report was submitted for the previous approval for a similar multiple dwelling development on the subject site (12/DA-313), which was supported by Council’s Tree Management section with tree conditions at the time of that application. These tree conditions of the previous consent (12/DA-313) apply to this application as recommended by Council’s Tree Management section. A sewer pipe transverses the width of the site approximately 43m into the site.

 

Adjoining the site on Forest Road are dual occupancy developments which contain one dwelling at the front of the site facing Forest Road and the second dwelling being at the rear of the site. Adjoining the site at the rear is a child care centre. On the opposite side of Forest Road is the Grandviews Bowling and Recreation Club. The area surrounding the subject site is characterised by one (1) and two (2) storey dwelling houses, dual occupancy developments and the Bowling and Recreation Club.

 

COMPLIANCE AND ASSESSMENT

The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979. 

 

1.      Environmental Planning Instruments

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

The extent to which the proposal complies with the relevant standards of Hurstville Local Environmental Plan 2012 is outlined in the table below.

 

Clause

Standard

Assessment Under HLEP 2012

Part 2 – Permitted or Prohibited Development

R2 Low Density Zone

Multiple dwelling housing and strata subdivision are permissible in the zone

 

Objectives of the Zone

The proposal complies with the objectives of the zone

4.1A – Lot Size for Multiple Dwelling Housing

LEP Lot size map:

 

Subject site is identified as “G” – no minimum site area

 

The application seeks permission to construct a multiple dwelling development and strata subdivision of the development. Council’s Manager – Development Advice raised no objection, subject to the conditions attached to the recommendation of this report

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

7.3m (complies)

4.4 – Floor Space Ratio

Site = 1010.3sqm

 

0.6:1 as identified on Floor Space Ratio Map

Proposed GFA = 454.605sqm

 

FSR = 0.45:1 (complies)

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP No.1 Section 3.11 – Preservation of Trees and Vegetation

As previously mentioned, Council’s Tree Management Officer raised no objection, subject to the conditions attached to the recommendation of this report (ie tree conditions of the previous consent 12/DA-313 for the subject site)

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

 

Stormwater is to discharge to the street gutter (in front of the subject site) in Forest Road via drainage conditions attached to the recommendation of this report  as recommended by Council’s Manager – Development Advice

 

Two (2) new driveway crossings from Forest Road (standard conditions for the submission of separate vehicular crossing applications and driveway design)/no objection was raised by Council’s traffic section in relation to two (2) driveway crossings

 

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

The site is within the area affected by the Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment.  The proposal, including the disposal of stormwater, is consistent with Council’s requirements for the disposal of stormwater in the catchment.

 

STATE ENVIRONMENTAL PLANNING POLICY NO 55 - REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

 

Based on Council’s records, the subject site has not been used for any potentially contaminating activities.  As such, it is considered unlikely that the land is contaminated.

 

STATE ENVIRONMENTAL PLANNING POLICY (BUILDING SUSTAINABILITY INDEX: BASIX) 2004

In accordance with this policy, all new residential dwellings and those seeking alterations and additions as identified under this policy require a BASIX certificate that measures the Building Sustainability Index to ensure dwellings are designed to use less portable water and are responsible for fewer greenhouse gas emissions by setting energy and water reduction targets for house and units.

 

The application is supported by a satisfactory BASIX certificate that satisfies the requirements for dwellings under this policy.

 

2.      Draft Environmental Planning Instruments

No Draft Environmental Planning instruments affect the proposed development.

 

3.      Development Control Plans

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING

The extent to which the proposed garages comply with the car parking provisions is outlined in the table below.

 

Section 3.1

Requirements

Proposed

Complies

3.1.4.1 - Resident parking

3 or more bedroom – 2 spaces (2 units proposed) = 4

 

1 or 2 bedroom – 1 space (2 units) = 2

 

Total required = 6 spaces

2 x double garages = 4

 

 

 

2 x single garages = 2

 

 

Total proposed = 6 car spaces

Yes

3.1.4.1 -Visitor parking (4 or more dwellings)

1 space per 4 dwellings or part thereof (4 units proposed) = 1

1 visitor car space

Yes

3.1.4.2(a) – Layout

AS2890.1 – Min. dimensions (double garage) = 5.4m x 5.4m

(single garage) =

2.7m x 5.4m

Double garage:

Min. 5.5m x 5.5m each

 

Single garage:

3m x 5.5m

Yes

3.1.4.2 – Dimension of car spaces, car parking layout, circulation, egress and egress

Compliance with AS2890.1 2004 and AS2890.2

 

Yes

Yes

3.1.4.8 – Car washing area

Four or more dwellings:

 

1 x designated car washing area

Visitor car space can also be provided as car washing area

Yes

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.2 SUBDIVISION

The proposal seeks development consent for strata subdivision of the dwellings.

 

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 fencing is satisfactory

Yes

Blind Corners

To be avoided

Avoided

Yes

Communal Areas

Provide opportunities for natural surveillance

Windows of lounge/bedroom rooms (front dwelling) provide natural surveillance to the street and windows and doors of other dwellings to the common driveway

Yes

Entrances

Clearly visible and not confusing

Clearly defined with front porch to the entrance of each dwelling

Yes

Site and Building Layout

-   Provide surveillance opportunities

-   Building addresses street

-   Habitable rooms are directed towards the front of the building

-   Garages are not dominant

 

 

 

-   Offset windows

Surveillance opportunities provided

Yes

 

Habitable bedrooms to front of the building

 

Double garage on the façade of Unit 1, which is not considered to be a dominant feature of the overall streetscape

Yes

Yes

 

Yes

 

Yes

 

 

Yes

 

 

 

 

Yes

Lighting

-   Diffused/movement sensitive lighting provided externally

-   Access/egress points illuminated

-   No light spill towards neighbours

-   Hiding places illuminated

-   Lighting is energy efficient

Can be conditioned to satisfy these requirements, should the application be approved

Yes

Landscaping

-   Avoid dense medium height shrubs

-   Allow spacing for low growing dense vegetation

-   Low ground cover or high canopy trees around car parks and pathways

A mixture of landscaping is proposed.  This ranges from ground cover, small shrubs to medium sized trees.

Yes

Building Identification

-   Clearly numbered buildings

-   Entrances numbered

-   Unit numbers provided at entry

Can be conditioned to satisfy these requirements, should the application be approved

Yes

Security

Provide an appropriate level of security for each dwelling and communal areas

Sufficient level of security provided for each dwelling

Yes

Ownership

Use of fencing, landscaping, colour and finishes to imply ownership

Landscaping, front porch and driveways indicate ownership

Yes

 

In addition to the above, the proposed development comprises of four (4) dwellings of which adopt a two (2) storey built form at the front portion of the site and a single storey built form located to the rear which form two (2) separate buildings. The development contains a shared driveway which grants access to garage/car spaces of rear dwellings that runs parallel along the southern boundary. 

 

The proposal incorporates windows located on the ground floor and first floor which allows for passive surveillance to all areas of the subject site. A 0.6m maximum height front fence at the street frontage allows for passive surveillance to and from the subject site to the street. For the reasons above, it is considered that the proposed development is considered to adequately satisfy the requirements under this subsection.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.5 ENERGY EFFICIENCY

The proposal has achieved a BASIX Certificate and therefore complies with the objectives of Section 3.5 of Development Control Plan No 1. The proposed development also complies with the solar access requirements of Development Control Plan No1 – LGA Wide.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ON-SITE DETENTION (OSD) REQUIREMENTS

The proposal has adequately satisfied the requirements of this subsection. Council’s Development Engineer has supported the proposed works subject to conditions of consent, should the application be approved.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.8 FENCES ADJACENT TO PUBLIC ROADS

The selected types of fencing on the street frontage will provide visual relief and natural surveillance from the dwelling to the street, and provide screening for the private open space behind the front building line of dwellings.

 

It is considered that the fences are of reasonable architectural merit and are unlikely to adversely impact upon the streetscape.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.9 WASTE MANAGEMENT

The Waste Management Plan submitted with the application is consistent with the requirements of Development Control Plan No 1.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS

The proposal has been assessed against the requirements of Section 4.3 of Council’s Development Control Plan No 1 – LGA Wide as shown below.

 

Section 4.3

Requirements

Proposed

Complies

Residential Density (Floor Space Ratio)

HELP 2012 (clause 4.4):

 

Max. FSR = 0.6:1

Proposed GFA = 454.605sqm

FSR = 0.45:1

Yes

4.3.2.1 Site Planning

i) Minimum street frontage: 15m

 

ii) Relationships with open space:

 

 

 

iii) Existing landscape:

 

 

 

 

 

 

 

iv) Solar Access:

- Unshaded northern elevation to the development

- Adjoining properties must be capable of receiving not less than 3 hours of sunshine upon the open space areas of adjoining dwellings between 9am and 3pm on 21 June

 

v) Privacy and views: Site planning must take into account any adverse privacy impacts on neighbouring properties

15.845m

 

 

Private open spaces to all units meet the requirements of DCP No 1

 

1 x English Oak – Quercus robur and 1 x Brush Box – Lophostemon confertus near the western/rear boundary to be retained

 

Complies

 

 

 

 

 

 

 

 

 

 

 

Privacy impacts minimised by design

Yes

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

4.3.2.2 Streetscape

Must not diminish the quality of the streetscape

 

The proposed dwellings are considered to be compatible with the existing and future desired streetscape, especially when it is compared to the existing multiple dwelling developments with similar orientation and built upon areas

Yes

4.3.2.3 & 4.2.3.4 Building Form & Style and Height

Building Envelope:

- 45 degrees from a height of 3.5m (two storey dwellings)

- 45 degrees from a height of 1.5m (single storey dwellings)

 

 

Maximum building heights:

- Max. 9m (front)

 

- Max. 6m (rear)

 

 

 

Maximum excavation:

0.5m

 

Recommended max. roof pitch: 22° to 35°

 

Materials and Colours

 

Walls:

- Articulation on façade by the use of bay windows, verandahs, balconies or wall offsets

- Max. straight length of 6m for walls to street frontage

 

Storeys:

- Max. 2 storeys for front dwellings

- Max. 1 storey for the rear most dwelling

Units 1 and 2 (two storey dwellings):

Complies with building envelope

Unit 3 and 4 (single storey dwellings):

Complies with building envelope

 

Units 1 and 2 (two storey dwellings):

Max. 7.3m

Unit 3 and 4 (single storey dwellings): 4.6m

 

No excavation required

 

All dwellings:

22.5°

 

 

 

 

Front walls are appropriately articulated by the use of wall offsets and balcony and have a straight length of less than 6m

 

2 storeys for front dwellings (U1 and 2)

1 storey for the rear most villa (U3 and 4)

Yes

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

Yes

 

4.3.2.5 Building Setbacks

Front Setback

 

 

Side Setbacks

 

 

 

Rear Setback

 

 

Min. 4.5m to front wall of dwelling

 

Min. 2m (front site)

 

Min. 1.35m (rear site)

 

Building Envelope:

45 degrees from a height of 1.5m (single storey dwellings)

 

 

Unit 1 (front) = 4.5m-6.5m

 

3.07m (north) – 3.4m (South)

1.35m

 

Complies with building envelope

 

 

Yes

 

 

Yes

 

 

 

Yes

4.3.2.6 Car Parking and Access

3 bedrooms or more:

2 spaces

 

1 or 2 bedroom – 1 space (2 units) = 2

 

Visitor parking -

4 dwellings or more:

1 space per 4 dwellings or part thereof

 

Driveway:

- Min. 1.5m setback from windows to main habitable rooms of dwellings (does not apply if the floor level of the dwelling is at least 1m above the driveway)

 

- Site width < 20m: Driveways must not occupy more than 40% of the width of the site

 

- Garages must not extend further towards the front boundary than the front wall

Units 1 and 2 (3 beds): 2 spaces each

 

Units 3 and 4 (2 beds): 1 space each

 

1 visitor car space provided

 

 

 

High light windows (minimum sill height of 1.5) used to dining/living rooms of dwellings facing the driveway

 

 

2 x driveways:

Combined width of 6.3m/40% of the frontage

 

Unit 1: garage is recessed from the front wall of the dwelling

Yes

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes (by condition)

 

 

 

Yes

4.3.2.7 Privacy

Visual privacy:

- Habitable room windows to be offset 1m from the edge of the opposite window, or

- Be screened or oriented to ensure the visual privacy

 

Acoustic privacy:

Min. 3m separation for windows (development site and adjoining properties)

 

Site layout:

Active recreational areas, parking areas, vehicle accessways and service equipment areas must be separate from bedroom areas of adjoining dwellings

 

Yes

 

 

 

 

 

 

Complies - all windows of dwellings have  a minimum setback of 3m

 

Complies

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

Yes

4.3.2.8 Solar Design and Energy Efficiency

Comply with Section 3.5 Energy Efficiency and BASIX

 

Minimise overshadowing of neighbouring private open spaces or windows to habitable rooms

 

Adequate sunlight for rooms generally used during the daytime

 

North facing rooms receive maximum solar access (in multiple dwelling development, the dwellings are encouraged to have a north-facing room capable of being used as a living area)

 

Subject and adjoining lots receive 3hrs solar access between 9am and 3pm on mid winter equinox

Yes

 

 

 

Adequate building separation

 

 

 

Northern facing windows to main living areas

 

Complies

 

 

 

 

 

 

 

 

Complies

Yes

 

 

 

Yes

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

4.3.2.9 Fences at the Front Boundary

Max. 1m height for solid fences and walls fronting public space (at frontage)

 

Principal private open space of any new dwelling must be located behind the front building line

Complies - solid front fence is 0.6m high

 

 

No private open space forward of building line

Yes

 

 

Yes

4.3.2.10 Landscape

Site = 1010.3sqm

 

Landscaped area:

Min. 20% (202.06sqm)/min. width of 2m

 

Landscaping in front of buildings (front setback area) shall provide a suitable visual screen or softening function for the development

 

 

273.8sqm (27.1%)

 

 

 

Yes

 

 

 

Yes

 

 

 

Yes

4.3.2.11 Private Open Space

3 bedrooms or more:

- Min. 60sqm

- 3m in all directions

 

1 or 2 bedrooms:

- Min. 50sqm

- 3m in all directions

 

- Principal private open space

3 bedrooms or more:

4m x 6m, max. grade of 1 in 20 and must be accessible from main living area

 

1 or 2 bedrooms:

4m x 4m, max. grade of 1 in 20 and must be accessible from main living area

(Min. 3m width)

U1 = 60sqm

U2 = 60sqm

 

(Min. 3m width)

U3 = 50sqm

U4 = 50sqm

 

(Min. 4m width, less than 1 in 20 grade and accessible from main living area)

U1 = Min. 4m x 6m

U2 = Min. 4m x 6m

 

 

 

U3 = Min. 4m x 4m

U4 = Min. 4m x 4m

Yes

 

 

 

 

 

 

 

Yes

4.3.2.12 Site Services

Master TV antenna must be provided for any development of more than two dwellings

 

Storage:

6cubic metres per dwelling

 

Communal outdoor clothes drying facilities:

To be visually screened from the street

Can be provided

 

 

 

 

Min. 6 cubic metres per dwelling

 

In the rear yard of each dwelling and screened from the street

Yes

4.3.2.13 Stormwater Drainage

Gravity drainage is preferred however alternative solutions may be considered in accordance with this section of the DCP during the assessment process

Manager - Development Advice has raised no objection, subject to the drainage conditions requiring a gravity fed drainage system to the street in front of the site

Yes (by condition)

 

PROPOSED AMENDMENT TO DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS – Minimum Site Area per Dwelling Unit

Council is currently exhibiting amendments to this Development Control Plan principally a minimum site area control of 315sqm per multiple dwelling unit.  This will only come into operation when adopted by Council and has no affect on the development application subject to this report.

 

4.      Impacts

 

Natural Environment

The proposal includes the retention of existing significant trees on the site (one (1) x English Oak – Quercus robur and one (1) x Brush Box – Lophostemon confertus near the western/rear boundary). 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 Council’s planning controls, subject to the conditions included in this report.

 

In respect to streetscape, the proposed dwellings are considered acceptable as it incorporates variable architectural treatments on the façade of the front most dwelling and provides sufficient landscaping within the front setback to soften the visual impact on the streetscape.

 

In terms of overshadowing, the proposal would allow a minimum of 3hrs to private open space and windows to habitable rooms on the adjoining properties as required under Development Control Plan No 1 – LGA Wide.

 

Accordingly, it is unlikely that the proposal will have an adverse impact on the built environment.

 

Social Impact

The proposal is for residential purpose and will not have any adverse social impact.

            

Economic Impact

The proposal is for residential purposes and no adverse economic impact is envisaged.

 

Suitability of the Site

The proposed development is considered suitable for the subject site for the reasons contained within the report.

 

5.      REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

The application was advertised and fourteen (14) adjoining residents were notified on two (2) occasions. The second notification period was for a number of amendments to the proposal, which includes pitched roof forms for all dwellings, instead of flat roofs and parapets for the front dwellings as originally proposed. In response, one (1) submission was received in relation to this application at the first notification period, which raised the following concerns. No further objections were received at the second notification period.

 

Overdevelopment - excessive bulk and scale

Concerns were raised in relation to bulk and scale of the proposed development, particularly in regards to:

 

·          There is another similar application for multiple dwellings in the street, this type of developments will turn this area into an overdeveloped; create a cramped environment and erode the sense of community, if both applications are approved.

·          There are previous development consents for the subject and development site mentioned above (these approvals were assessed and granted under the previous multiple dwelling controls of Development Control Plan No1, which had less number of dwellings) that this neighbour was aware of at the time of purchase, which were considered acceptable.

·          The construction of two storey dwellings will set a precedent for the area and start to encroach on the privacy of neighbours.

 

Comment: The subject application has been submitted and assessed under Council’s current controls for this type of permissible development.

 

As outlined in this report, the proposal is considered to be appropriate, in terms of its scale, bulk and height of development as it achieves full compliance with Council’s current controls, subject to the conditions of consent. As such the proposal is considered to be consistent with the future desired character of the area, under the current controls and is considered acceptable.

 

Loss of solar access – overshadowing

Concerns were raised in relation to a potential overshadowing by the proposal, especially the afternoon sun to the south western side of this neighbour’s property.

 

Comment: The proposal has ‘negligible’ to ‘minimal’ overshadowing impact on this neighbour given the orientation and angle of sunlight and shadows of the proposed dwellings (to the south west of the neighbour’s property).

 

Council Referrals

Team Leader – Subdivision and Development

Council’s Team Leader – Subdivision and Development has considered the proposal and advised that the proposal may be considered for approval subject to the drainage conditions and subdivision conditions attached to the recommendation.

 

Tree Management Officer

Council’s Tree Management Officer has raised no objection, subject to conditions of consent being attached to any consent granted.

 

Traffic Engineer

Council’s Traffic Engineer has considered and advised that the proposal may be considered for approval providing the space/kerb distance between the two (2) driveways at the street frontage is not less 6m. Accordingly a condition has been included in this report to reduce the driveway width of the front dwelling to a maximum 3.3m in order to provide a minimum kerb distance of 6m between the two (2) driveways at the street frontage.

 

6.      CONCLUSION

The proposal have been assessed under Section 79C Matters for Consideration under the Environmental Planning and Assessment Act 1979 (as amended) and considered to adequately satisfy the intent of the applicable planning controls as detailed within this report.

 

One (1) submission was received in relation to this application at the first notification period. This submission has been discussed and addressed in the report.

 

The bulk and scale of the development complies with Council’s current controls and the proposal is considered to be consistent with the future desired character of the area, as the proposal achieves full compliance with Council’s planning controls.

 

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 DA2013/0410 for the construction of multiple dwelling development comprising four (4) dwellings on Lot 20 DP 35407 and known as 928 Forest Road Peakhurst, 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

13002/01

Apr 14

Site Plan/Roof Plan/Location Plan

C

Femme Build

13002/02

Apr 14

Floor Plans

C

Femme Build

13002/03

Mar 14

Elevations

B

Femme Build

13002/04

Mar 14

Sections

B

Femme Build

13002/05

Mar 14

Site Analysis/Shadow Diagrams

B

Femme Build

1 of 2

Nov 13

Landscape Plan

--

Ivoni Hristovska

2 of 2

Nov 13

Landscape Details

--

Ivoni Hristovska

--

24 Nov 12

Arboricultural Impact Assessment Report and Specifications

--

Jacksons Nature Works

D1

Nov 13

Concept Drainage Plan

F

LMW Design Group Pty Ltd

--

Received: 4 Dec 13

Schedule of Colours and Finishes

--

Not specified

--

Received: 4 Dec 13

Waste Management Plan

--

Traj Developments Pty Ltd

 

2.         GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

 

   (a)     Fees to be paid to Council:

 

Schedule of fees, bonds and contributions

Fee Type

Paid

Amount

Receipt Date

Receipt No

Development Application Fee

X

$1,750.00

4 Dec 13

2011475

Plan First Fee

X

$528.00

4 Dec 13

2011475

Notification Fee

X

$226.00

4 Dec 13

2011475

DA Advertising Fee

X

$1,105.00

4 Dec 13

2011475

Company Search Fee

X

$20.00

4 Dec 13

2011475

Long Service Levy

 

$2,887.00

 

 

Builders Damage Deposit

 

$1,500.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$130.00

 

 

S94 Residential (Community Facilities)

 

$5,930.06

 

 

S94 Residential (Open Space, Recreation, Public Domain)

 

$41,928.85

 

 

 

The following fees apply when you submit an application to Council for the Subdivision Certificate.

 

Subdivision Application Fee

X

$489.00

4 Dec 13

2011475

Subdivision Certificate Fee

 

$692.00

 

 

S88B Checking Fee

 

$292.00

 

 

 

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

 

PCA Services Fee

 

$1,972.50

 

 

Construction Certificate Application Fee

 

$1,972.50

 

 

Construction Certificate Imaging Fee

 

$172.00

 

 

 

Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

3.         GEN1003 - Section 94 Contributions - Residential Development (Community Facilities and Open Space, Recreation, Public Domain)

 

a. Amount of Contribution

Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 (as amended) and Hurstville Section 94 Development Contributions Plan 2012 the following contributions towards the cost of providing facilities shall be paid to Council:

 

Contribution Category                                                                     Amount

 

Community Facilities                                                                           $5,930.06

 

Open Space, Recreation and Public Domain Facilities                  $41,928.85

 

Total:                                                                                                     $47,858.91

 

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  NSW  2220) or viewed on Council’s website <http://www.hurstville.nsw.gov.au/Strategic-Planning.html>.

 

4.         GEN1014 - Long Service Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

 

5.         GEN1016 - Damage Deposit - Major Works - In order to insure against damage to Council property the following is required:

 

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,500.00.

 

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $130.00.

 

(c)  At the completion of work Council will:

 

(i)         review the dilapidation report prepared prior to the commencement works;

(ii)        review the dilapidation report prepared after the completion of works;

(iii)       Review the Works-As-Executed Drawings (if applicable); and

(iv)       inspect the public works.

 

The damage deposit will be refunded in full upon completion of work where no damage occurs and where Council is satisfied with the completion of works. Alternatively, the damage deposit will be forfeited or partly refunded based on the damage incurred.

 

(d) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

 

(e) Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

 

6.         APR6001 - Engineering - Section 138 Roads Act and Section 68 Local Government Act 1993

 

Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

 

A separate approval is required to be lodged and approved under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath):

 

(a) Placing or storing materials or equipment;

(b) Placing or storing waste containers or skip bins;

(c)  Erecting a structure or carrying out work

(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f)   Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h)  Establishing a “works zone”;

(i)   Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j)   Stormwater and ancillary works in the road reserve; and

(k)  Stormwater and ancillary to public infrastructure on private land

(l)   If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

 

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

 

The relevant Application Forms for these activities can be downloaded from Hurstville City Council’s website at: www.hurstville.nsw.gov.au

 

For further information, please contact Council’s Customer Service Centre on (02) 9330 6222.

 

7.         APR6003 - Engineering - Vehicular Crossing - Major Development - The following vehicular crossing and road frontage works will be required to facilitate access to and from the proposed development site:

 

(a)     Construct Two (2) 150mm thick concrete vehicular crossing reinforced with F72 fabric in accordance with Council’s Specifications for vehicular crossings.

 

(b)     Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.  The work shall be carried out by a private contractor, subject to Council approval.

 

(c)     The Proposed drainage works that include the Kerb inlet pits and associated laying of stormwater pipeline in Forest Road shall be done in accordance with the previously Approved Activity Application LG2013/0003

 

Constructing a vehicular crossing and/or footpath requires separate approval under Section 138 of the Roads Act 1993, prior to the issue of the Construction Certificate. 

 

To apply for approval:

 

(a) Complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Hurstville Council’s Website at www.hurstville.nsw.gov.au/I want to/Download a Council Form

 

(b) In the Application Form, quote the Development Consent No. (eg. 2012/DA-****) and reference this condition number (e.g. Condition 23)

 

(c)  Lodge the application form, together with the associated fees at Council’s Customer Service Centre, during business hours.  Refer to Section P1 and P2, in Council’s adopted Fees and Charges for the administrative and inspection charges associated with Vehicular Crossing applications.

 

Please note, that an approval for a new or modified vehicular crossing will contain the approved access and/or alignment levels which will be required to construct the crossing and/or footpath. Once approved, all work shall be carried out by a private contractor in accordance with Council’s Specification for Vehicular Crossings and Associated Works prior to the issue of the Occupation Certificate.

 

8.         APR6004 - Engineering - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Maritime Services, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road

 

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.

 

9.         GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Plumbing, Building and Developing section of Sydney Water’s website to locate a Water Servicing Coordinator in your area. Visit: www.sydneywater.com.au

 

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.

 

10.       GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

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.

 

11.       CC2018 - Development Assessment - Design change - Driveway width as a percentage of frontage - The driveway width for the front dwelling (Unit 1) must be reduced from the proposed 5m to 3.3m at the frontage to achieve a maximum allowable combined width of 40 % of the width of the frontage.

 

12.       CC8004 - Waste - Waste Storage Containers - Villa Units, Town Houses, etc (Residential Development) - The following waste and recycling facilities will be required:-

 

Domestic Waste:-  4 x 240 litre Mobile Garbage Bins (MGB’s);

Domestic Recycling:- 4 x 240 litre MGB’s

Garden Organics:- 4 x 240 LITRE MGB’s.

 

All waste, recycling and garden organics containers shall be stored within the open space confines of each individual allotment.

 

13.       CC2001 - Development Assessment - Erosion and Sedimentation Control - Erosion and sediment controls must be provided to ensure:

 

(a) Compliance with the approved Erosion and Sediment Control Plan

(b) Removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed without approval)

(c)  all clean water run-off is diverted around cleared or exposed areas

(d) silt fences, stabilised entry/exit points or other devices are installed to prevent sediment from entering  drainage systems or waterways

(e) all erosion and sediment controls are fully maintained for the duration of demolition, excavation and/or development works

(f)   controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadway

(g) all disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar

(h)  Compliance with Managing Urban Stormwater - Soils and Construction (Blue Book) produced by Landcom 2004.

 

These measures are to be implemented before the commencement of work (including demolition and excavation) and must remain until the issue of the Occupation Certificate.

 

14.       CC2008 - Development Assessment - Landscape Plan - A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted prior to the issue of the Construction Certificate. The plan must include:

 

(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.

 

15.       CC2003 - Development Assessment -Construction Site Management Plan - Major Development -  A Site Management Plan must be submitted with the application for the Construction Certificate, and must include the following measures:

 

·    location of protective site fencing;

·    location of site storage areas/sheds/equipment;

·    location of building materials for construction, e.g. stockpiles

·    provisions for public safety;

·    dust control measures;

·    method used to provide site access location and materials used;

·    details of methods of disposal of demolition materials;

·    method used to provide protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/skip bins;

·    details of proposed sediment and erosion control measures;

·    method used to provide construction noise and vibration management;

·    construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any works including demolition and excavation.  The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity.  A copy of the Site Management Plan must be retained on site and is to be made available upon request.

 

16.       CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 516777M_04 dated 27 November 2013, approved with the Development Consent DA2013/0410, must be implemented on the plans lodged with the application for the Construction Certificate.

 

17.       CC3001  - Development Engineering - Stormwater System - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

All stormwater shall drain by gravity to the proposed kerb inlet pit to be constructed outside the development site, in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

18.       CC3004 - Development Engineering - Stormwater Drainage Plans (By Engineer Referral Only) - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

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.

 

19.       CC5002 - Trees - Tree Protection and Retention - The trees numbered 1 and 2 shall be retained and protected in accordance with the recommendations detailed in the Arboricultural Impact Assessment prepared by Jacksons Nature Works (dated 24 November 2012).

 

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.

 

20.       CC5003 - Trees - Tree Removal and Replacement - Private Land - Permission is granted for the removal of the trees numbered 3, 4 and 5 in accordance with the recommendations detailed in the Arboricultural Impact Assessment prepared by Jacksons Nature Works (dated 24 November 2012).

 

Six (6) trees selected from the list of suitable species in the Hurstville City Council’s Tree Removal and Pruning Guidelines must be replanted within the boundaries of the subject site. Trees are to be replanted a minimum of 3m away from any driveway, building or structure.

 

A copy of Hurstville Council’s Tree Removal and Pruning Guidelines, can be downloaded from Council’s website www.hurstville.nsw/Residents/Tree Management.

 

21.       CC6004 - Engineering -Traffic Management - Compliance with AS2890 - All driveways, access ramps, vehicular crossings and car parking spaces shall be designed and constructed in accordance with the current version of Australian Standards, AS 2890.1 (for car parking facilities) and AS 2890.2 (for commercial vehicle facilities).

 

22.       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.

 

23.       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

(c)   slabs

(d)  columns

(e)  structural steel

(f)    reinforced building elements

(g)  retaining walls

(h)   stabilizing works

(i)    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.

 

24.       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.

 

25.       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.

 

26.       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 Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.

 

(f)         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.

 

(g)        Other.

      

       Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

 

DURING WORK

These conditions have been imposed to ensure that there is minimal impact on the adjoining development and surrounding locality during the construction phase of the development.

 

27.       CON8001 - Waste - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the Principal Certifying Authority and a copy provided to the Manager Environmental Services, Hurstville City Council.

 

28.       CON2001 - Development Assessment - Hours of construction, demolition and building related work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A penalty infringement notice may be issued for any offence.

 

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

 

29.       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.

 

30.       CON5001 - Trees - Tree Removal on Private Land - The trees identified as ‘to be removed/pruned’ on the approved plans or by conditions of this consent shall be removed in accordance with AS4373 -2007 Pruning of Amenity Trees and the Trees Work Industry Code of Practice (WorkCover NSW, 1998).

 

31.       CON6002 - Engineering - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste or skip bins, or any other matter is not permitted unless separately approved by Council under Section 138 of the Roads Act and/or under Section 68 of the Local Government Act 1993. Penalty Infringement Notices may be issued for any offences and severe penalties apply.

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

 

32.       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. 516777M_04 dated 27 November 2013, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

 

33.       OCC2005 - Development Assessment - Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

 

34.       OCC2007 - Development Assessment - Allocation of car parking spaces - Car parking associated with the development is to be allocated as follows:

 

(a) Residential dwellings: Six (6) spaces as per the approved plans

(b) Residential visitors: One (1) space

(c)  Car wash bay: One (1) space which can be the visitor space

 

35.       OCC6002 - Engineering - Vehicular crossing and Frontage work - Major development - The following road frontage works shall be constructed in accordance with Council's, Specification for Vehicular Crossings and Associated Works together with the Vehicular Crossing Approval issued by Council’s Engineering Services Division:

 

(a)     Construct Two (2) 150mm thick concrete vehicular crossing reinforced with F72 fabric in accordance with Council’s Specifications for vehicular crossings.

 

(b)     Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.  The work shall be carried out by a private contractor, subject to Council approval.

 

(c)     The Proposed drainage works that include the Kerb inlet pits and associated laying of stormwater pipeline in Forest Road shall be done in accordance with the previously Approved Activity Application LG2013/0003

 

A private contractor shall carry out the above work, at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

 

The driveway and road frontage works are to be completed before the issue of the Occupation Certificate.

 

PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Subdivision Certificate.

 

36.       SUBS9001 - Subdivision - Completion of Site Works - The following works shall be completed on site and documentation submitted prior to the issue of the Subdivision Certificate:

 

(a)      Construction Requirements

The structures of the building(s) that define the boundaries of all parts of the Strata Lots, including the Common Property shall be constructed in accordance with the approved plans and conditions of Development Consent No DA2013/0410.

 

This shall include the completion of all internal driveways/ramps and hardstand areas for car spaces on the site prior to the issue of the Strata Certificate.

 

(b)      Unit Numbering

Permanent Apartment type numbers shall be installed in a prominent position adjacent to the entrance of each unit.

 

Each unit shall be numbered in accordance with the strata plan lot numbering prior to the issue of the Strata Certificate.

 

(c)       Letterboxes

Separate letterboxes, for each unit and the Owner's Corporation, shall be provided with permanent type numbers to be installed to each letterbox prior to the issue of the Strata Certificate.

 

(d)      Street Number

The street number 928 is to be displayed in a prominent location in the front of the site prior to the issue of the Strata Certificate.

 

(e)      Visitor Parking Sign

“Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces prior to the issue of the Strata Certificate.

 

(f)        Courtyard Fencing

All courtyard fencing is to be completed on site prior to the issue of the Strata Certificate.

 

(g)      Compliance Certificate from Sydney Water

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Co-ordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

 

Following application, a "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Co-ordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to Council prior to the issue of the Strata/Subdivision Certificate.

 

37.       SUBS9003 - Subdivision - Requirement for application of a Strata Certificate - Section 37 - To enable the determination of the application for a Strata Certificate by Hurstville City Council or an Accredited Strata Certifier, the applicant must submit the following:

 

(a) Application for Strata Certificate form duly completed with payment of fees current at lodgement; and

 

(b) Three (3) copies of the Final Strata Plan prepared by a Registered Surveyor in accordance with the above final Strata Plan requirements

 

(c)  The Original Strata Plan Administration Sheet(s) plus one (1) copy

 

(d) The Original of any relevant 88B instrument plus one (1) copy.

 

(e) A Section 73 (Sydney Water) Compliance Certificate for the development.

 

IMPORTANT NOTES:

 

(i)         A Strata Certificate cannot be issued unless all relevant conditions of the development consent that are to be satisfied prior to the issue of the Strata Certificate have been complied with.

 

(ii)        Council will check the consent conditions on the relevant Strata Subdivision consent. Failure to submit the required information will delay endorsement of the plan of subdivision.

 

(iii)       Council will undertake the required inspections to satisfy the requirements of clause 29A of the Strata Schemes (freehold Development) Regulation 2007 to determine the Strata Certificate.

 

(iv)      Strata Plans, Administration Sheets, 88B Instruments and copies must not be folded.

 

(v)       All Strata Plans, Strata Plan Administration Sheets and 88B Instruments shall be submitted to Council enclosed in a protective cardboard tube (to prevent damage during transfer).

 

38.       SUBS9002 - Subdivision - Final Strata Plan Requirements - A final Strata Plan shall be prepared by a Registered Surveyor and include (but not be limited to) the following:

 

(a)      Designation of Visitor Car Spaces on Strata Plan

 

Visitor car spaces shall be designated on the final strata plan as "Visitor Parking - Common Property".

 

(b)      Allocation of Car Parking Spaces, Storage Areas and Common Property on the  Final Strata Plan shall be a follows:

 

i.          All car parking spaces shall be created as a part lot of the individual strata’s unit lot in any Strata Plan of the subject building.

 

ii.         All storage areas shall be created as a part lot of the individual strata’s unit lot or a separate Utility Lot (if practical) in any Strata Plan of the subject building.

 

iii.        The minimum number of parking spaces required to be allocated as a part lot to each individual strata’s unit lot shall be in accordance with the car parking requirements of Council's Development Control Plan and as required by the relative development consent for the building construction.

 

iv.        No parking spaces shall be created as an individual strata allotment on any Strata Plan of the subject building unless these spaces are surplus to the minimum number of parking spaces required. If preferred the surplus car spaces shall be permitted to be created as separate Utility Lots, (instead as a part lot of the individual strata’s unit lot), in accordance with section 39 of the Strata schemes (freehold development Act 1973.

 

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.

 

39.       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.

 

40.       ONG3002 - Development Engineering - Notification of Unit Numbers - On the issue of any Strata Certificate the Accredited Strata Certifier shall submit to Council a list of the unit numbers and there corresponding lot numbers.

 

41.       ONG3004 - Development Engineering - Conditions relating to future Strata Subdivision of Buildings

           

            No approval is expressed or implied for the subdivision of the subject building(s).  For any future Strata subdivision, a separate Development Application or Complying Development Certificate shall be approved by Council or an Accredited Certifier.

 

Prior to the issue of any Strata Certificate of the subject building(s) the following conditions shall be satisfied:

 

(a) Unit Numbering

Apartment type numbers shall be installed adjacent or to the front door of each unit.

 

The unit number shall coincide with the strata plan lot numbering.

 

(b) Car Parking Space Marking and Numbering

Each basement car space shall be line marked with paint and numbered in accordance with the strata plan lot numbering.

 

“Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces prior to the issue of any Strata Certificate.

 

(c)     Designation of Visitor Car Spaces on any Strata Plan

Any Visitor car spaces shall be designated on the final strata plan as "Visitor Parking - Common Property".

 

(d)     Allocation of Car Parking Spaces, Storage Areas and Common Property on any Strata Plan

i.     All car parking spaces shall be created as a part lot of the individual strata’s unit lot in any Strata Plan of the subject building.

 

ii. All storage areas shall be created as a part lot of the individual strata’s unit lot or a separate Utility Lot (if practical) in any Strata Plan of the subject building.

 

iii. The minimum number of parking spaces required to be allocated as a part lot to each individual strata’s unit lot shall be in accordance with the car parking requirements of Council's Development Control Plan and as required by the relative development consent for the building construction.

 

iv. No parking spaces shall be created as an individual strata allotment on any Strata Plan of the subject building unless these spaces are surplus to the minimum number of parking spaces required.

 

If preferred the surplus car spaces shall be permitted to be created as separate Utility Lots, (instead as a part lot of the individual strata’s unit lot), in accordance with Section 39 of the Strata Schemes (Freehold Development) Act 1973.

 

The above requirements regarding car parking spaces and storage areas may only be varied with the conditions of a separate Development Application Approval for Strata Subdivision of the Building(s).

 

(e)     On Site Detention Requirements

The location any on-site detention facility shall be shown on the strata plan and suitably denoted.

 

(f)      Creation of Positive Covenant

A Positive Covenant shall be created over any on-site detention facility by an Instrument pursuant to Section 88B of the Conveyancing Act 1919, with the covenant including the following wording:

 

"It is the responsibility of the Owner's Corporation to keep the on-site detention facilities, together with any ancillary pumps, pipes, pits etc, clean at all times and maintained in an efficient working condition. The on-site detention facilities shall not be modified in any way without the prior approval of Hurstville City Council."

 

Hurstville City Council is to be nominated as the Authority to release, vary or modify this Covenant.

 

42.       ONG3005 - Development Engineering - Additional requirements for the issue of a Strata Certificate - In addition to the statutory requirements of the Strata Schemes (Freehold Development) Act 1973 a Strata Certificate must not be issued which would have the effect of:

 

(a) The removal of any areas of common property shown upon the approved Development Application plans and allocated to any one or more strata lots,

 

(b) The removal of any visitor parking spaces from the strata scheme and allocated to any one or more strata lots , or

 

(c)  Any unit’s parking space or storage area is not strata subdivided as separate strata lot.

 

(d) Under no circumstances shall any future Strata By-Laws be created to grant exclusive use of nominated Visitors Parking spaces to occupants/owners of units or tenancies within the building.

 

Note: This condition has been imposed to ensure that: (a) common property is not alienated from the strata scheme and assigned to any one or more strata lots, (b) visitor parking is not alienated from the strata scheme and assigned to any one or more strata lots such that visitors would be restricted from lawful access and use of required visitor parking, (c) parking spaces and storage areas are not strata subdivided as separate strata lots which may be sold with full strata title rights as a parking space or storage area lot, reducing available parking and storage to strata lots and visitors required to reduce demand for on-street public parking.

 

ADVICE

This advice has been included to provide additional information and where available direct the applicant to additional sources of information based on the development type.

 

43.       ADV2003 - Development Assessment - Dividing Fences - The side and rear boundaries of the site must be fenced with either 1800 mm high lapped, capped and stained paling fences or 1800 mm colourbond metal fencing. The associated costs and type of fence are to be by agreement with the adjoining property owners.

 

You must satisfy the requirements of the Dividing Fences Act before erecting any fencing on common boundaries. The Chamber Magistrate at the Local Court advises on the Dividing Fences Act, particularly for legal advice or disputes, and the Community Justice Centre can also assist with disputes.

 

44.       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 <http://www.workcover.nsw.gov.au>

 

Schedule B – Prescribed Conditions

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

 

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which prescribed conditions apply.

 

45.       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.

 

46.       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.

 

47.       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.

 

48.       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.

 

49.       PRES1007 - Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

 

Schedule C – Operational & Statutory Conditions

 

These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.

 

50.       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.

 

51.       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.

 

52.       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.

 

53.       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.

 

54.       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.

 

55.       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.

 

56.       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 928 Forest Road Peakhurst click here

 

APPENDICES

Appendix View1

Location map - 928 Forest Road Peakhurst

Appendix View2

Photo - front - 928 Forest Road Peakhurst

Appendix View3

Site plan - 928 Forest Road Peakhurst

Appendix View4

Elevations - 928 Forest Road Peakhurst

Appendix View5

Company extract - applicant - 928 Forest Road Peakhurst (Confidential)

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL116-14             928 Forest Road Peakhurst - Construction of multiple dwelling development comprising four (4) dwellings

[Appendix 1]           Location map - 928 Forest Road Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL116-14             928 Forest Road Peakhurst - Construction of multiple dwelling development comprising four (4) dwellings

[Appendix 2]           Photo - front - 928 Forest Road Peakhurst

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL116-14             928 Forest Road Peakhurst - Construction of multiple dwelling development comprising four (4) dwellings

[Appendix 3]           Site plan - 928 Forest Road Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL116-14             928 Forest Road Peakhurst - Construction of multiple dwelling development comprising four (4) dwellings

[Appendix 4]           Elevations - 928 Forest Road Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL117-14        924 Forest Road Peakhurst - Demolition of existing structures and construction of 3 x 3 bedroom and 1 x 2 bedroom dwellings as multi dwelling housing and front fence and strata subdivision into four allotments 

Applicant

Mr Otsi Stajanovski

Proposal

Demolition of existing structures, construction of 3 x 3 bedroom and 1 x 2 bedroom dwellings as multi dwelling housing and front fence and strata subdivision into four (4) allotments

Owners

Stoj and Co Pty Ltd

Report Author/s

Senior Development Assessment Officer, Ms P Bizimis

File

DA2013/0420

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone R2 – Low Density Residential

Existing Development

Single storey dwelling house with outbuildings

Cost of Development

$1,000,000.00

Reason for Referral to Council

One (1) submission received

Planning Instruments Applicable

Hurstville Local Environmental Plan 2012, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Development Control Plan No 1 – LGA Wide - Section 2.2 Neighbour Notification and Advertising of Development Applications, Section 3.1 Car Parking, Section 3.2 Subdivision, Section 3.4 Crime Prevention through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On Site Detention Requirements, Section 3.8 Fences Adjacent to Public Roads, Section 3.9 Waste Management, Section 3.11 Preservation of Trees and Management, Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environment Plan Interpretation of Use

“Demolish” and “Multi dwelling housing”

 

EXECUTIVE SUMMARY

1.         The application seeks permission for the demolition of the existing structures, construction of three (3) x three (3) bedroom and one (1) x two (2) bedroom dwellings as multi dwelling housing and front fence and strata subdivision into four (4) allotments.

2.         The proposed development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and complies.

3.         The application was notified/advertised to fifteen (15) residents/owners in accordance with Council’s requirements and one (1) submission was received in reply. The issues raised in the submissions are detailed in the report and plans have been amended to address these concerns.

 

AUTHOR RECOMMENDATION

THAT the application be approved in accordance with the conditions detailed in the report.

 

REPORT DETAIL

 

DESCRIPTION OF THE PROPOSAL

The application seeks permission for the demolition of the existing structures, construction of three (3) x three (3) bedroom and one (1) x two (2) bedroom dwellings as multi dwelling housing and front fence, and strata subdivision into four (4) allotments. Details of the proposed development are as follows:

 

Dwellings 1 and 2

Dwellings 1 and 2 are two (2) storey townhouses and have a similar floor plan. On the ground floor each dwelling will have a double garage, living room, dining room, kitchen, laundry and wc. A courtyard is provided to each dwelling adjoining the northern (side) boundary.

 

On the first floor the dwellings will contain three (3) bedrooms with ensuite and walk-in-robe to the master bedroom, bathroom, and games area. A balcony is located on the front elevation of dwelling 1 facing Forest Rd with access off the master bedroom.

 

Dwelling 3

Dwelling 3 is a villa with an attic area. The ground floor of the dwelling will have a double garage, living room, dining room, kitchen, bathroom/laundry and study/media room. A courtyard is provided for the dwelling adjoining the northern (side) boundary.

 

In the attic level the dwelling will contain three (3) bedrooms with ensuite and walk-in-robe to the master bedroom, and bathroom.

 

Dwelling 4

Dwelling 4 is a villa with an attic area. The ground floor of the dwelling will have a garage, living room, dining room, kitchen, bathroom, laundry and study. A courtyard is provided for the dwelling adjoining the western (rear) boundary.

 

In the attic level the dwelling will contain two (2) bedrooms with ensuite and walk-in-robe to the master bedroom, bathroom, and games area.

 

Front Fence

A front fence is proposed to the front boundary of the site adjoining Forest Road. The fence will be 1700mm high and comprise metal bars. There will be a solid return on the fence which will contain the letterboxes for the dwellings. This solid fence will be 1700mm high and be constructed of masonry blocks or rendered concrete.

 

Strata Subdivision

The application seeks permission to strata subdivide the development into four (4) strata allotments. Each dwelling will have designated car parking spaces and open space area with the driveway area, visitor car space, and the landscaped open space located at the front of the site being common property.

 

HISTORY

16 Dec 14          Current development application lodged for proposed multiple dwellings

6 Jan 13             Application notified for fourteen (14) days

3 Feb 14             Additional information sought from applicant

5 Mar 14             Council resolved to amend Development Control Plan No 1 introducing a minimum site area of 315sqm, hold workshop and that all multiple dwelling applications be referred to Council until the controls are determined

17 Mar 14           Amended plans received

26 Mar 14           Workshop on multiple dwellings held

2 Apr 14             Development Control Plan amendments endorsed for public exhibition

10 Apr 14           Development Control Plan exhibition commended for twenty eight (28) days

8 May 14            Further amended plans received

 

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the western side of Forest Road between Isaac Street and Belmore Road Peakhurst. The site is irregular with a splay at the rear of the site. The site has a frontage of 15.85m, a rear boundary of 5.585m and a site area of 1018sqm. The site is relatively flat. Existing on the site is a single storey dwelling house with detached outbuildings. The site contains twelve (12) trees of various species and sizes predominantly located at the rear of the site and one (1) street tree is located at the front of the site. The trees located on the site are proposed to be removed to accommodate the proposed development.

 

Adjoining the site on Forest Road on the northern boundary is a single storey dwelling house with detached outbuildings. Adjoining the site on the southern boundary is a dual occupancy development which contains one (1) dwelling at the front of the site facing Forest Road and the second dwelling being at the rear of the site. Adjoining the site at the rear are dwelling houses. On the opposite side of Forest Road is the Grandviews Bowling and Recreation Club. The area surrounding the subject site is characterised by one (1) and two (2) storey dwelling houses, dual occupancy developments and the Bowling and Recreation Club.

 

COMPLIANCE AND ASSESSMENT

The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979 as follows.

 

1.      Environmental Planning Instruments

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

The extent to which the proposed development complies with the Hurstville Local Environmental Plan 2012 is detailed and discussed in the table below.

 

Clause

Standard

Proposal

Complies

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

Consistent with the aims of the plan

Yes

1.4 - Definitions

Multi dwelling housing

The proposed development is defined as multi dwelling housing

Yes

2.3 - Zone objectives and Land Use Table

Meets objectives of R3 Zone

 

Development must be permissible with consent

Meets objectives and is a permissible development with consent

Yes

2.6 - Subdivision

Subdivision is permissible with consent

Strata subdivision is  sought with this application

Yes

2.7 - Demolition

Demolition is permissible with consent

Demolition proposed

Yes

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

<9m

Yes

4.4 – Floor Space Ratio

0.6:1 as identified on Floor Space Ratio Map

0.52:1

Yes

4.5 – Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl.4.5

FSR and site area calculated as per requirements

Yes

4.6 –Exceptions to development standards

A written request to vary a development standard must be submitted by the applicant

No variation proposed

N/A

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP1

Twelve (12) trees located on the site are to be removed to accommodate the proposed development. Details in the DCP1 section of this report.

Yes

5.10 – Heritage conservation

Heritage impact statement required if site involves heritage item

Site does not involve heritage item

N/A

6.1 – Acid Sulfate Soils

Acid Sulfate Soils Management Plan must be prepared

Site not affected by acid sulphate soils

N/A

6.7 – Essential Services

Development consent must not be granted to development unless services that are essential for the development are available

Essential services are available to the development

Yes

 

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

Compliance with the relevant state environmental planning policies is detailed and discussed in the table below:

 

State Environmental Planning Policy

Complies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

State Environmental Planning Policy 55 – Remediation of Land

Yes

State Environmental Planning Policy (Building Sustainability Index BASIX) 2004

Yes

 

2.      Draft Environmental Planning Instruments

There are no draft environmental planning instruments that apply to the development application.

 

Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

 

Demolition

Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal.

 

3.      Development Control Plans

The proposal has been assessed under the relevant sections of Development Control Plan No 1 as follows.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.1 CAR PARKING

The extent to which the proposed development complies with Section 3.1 – Car Parking is detailed and discussed in the table below.

 

Section 3.1 – Car Parking

Standard

Proposal

Complies

3.1.4.1 - Resident parking

3 or more bedroom – 2 spaces (3 dwellings proposed) = 6

 

1 or 2 bedroom – 1 space (1 dwelling proposed) = 1

Total required = 7 spaces

7

Yes

3.1.4.1 -Visitor parking (4 or more dwellings)

1 space per 4 dwellings or part thereof (4 dwellings proposed) = 1

1

Yes

3.1.4.2 –Dimension of car spaces, car parking layout, circulation, egress and egress

Compliance with AS2890.1 2004 and AS2890.2

 

Complies

Yes

3.1.4.3 – Stencilling of driveways

Finished with plain concrete

To be provided as plain concrete

Yes subject to condition of consent

3.1.4.4 – Ramps transitions, driveways

Ramp grades to comply with AS2890.2 2004, Part 2

 

Longitudinal section 1:20 to be provided with development application

Complies

Yes

3.1.4.5 - Basement car parking

- Underground parking to be located under building footprint

- Minimise visual impact on street

-Mechanical ventilation and exhaust shafts to be illustrated in plans

Basement not proposed

N/A

3.1.4.6 – Parking for people with a disability

Compliance with AS1428 – Design for access and mobility and AS2890.6

N/A

N/A

3.1.4.4 - Car washing area for4 or more dwellings

1 space (which can be a visitor space)

Not shown but can be provided in the visitor space

Yes

 

As can be seen from the table above, the proposal complies with Section 3.1.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

 

Section 3.4

Standard

Proposal

Complies

Fencing

Allows natural surveillance to street

Proposed fencing is satisfactory

Yes

Blind Corners

To be avoided

No blind corners evident

Yes

Communal Areas

Provide opportunities for natural surveillance

Private open space area is visible from each dwelling

Yes

Entrances

Clearly visible and not confusing

Entrance to each dwelling is visible

Yes

Site and building Layout

-Provide surveillance opportunities

-Building addresses street

-Habitable rooms are directed towards the front of the building

-Garages are not dominant

-Offset windows

Natural surveillance of the site is available from the dwellings. Surveillance of street is available from the dwellings where possible.

Yes

Landscaping

-Avoid dense medium height shrubs

-Allow spacing for low growing dense vegetation

-Low ground cover or high canopy trees around car-parks and pathways

-Vegetation used as a barrier for unauthorised access

Landscaping proposed is appropriate, however a landscape plan prepared by a landscape architect is required as a condition of consent.

Yes, subject to condition of consent

Lighting

-Diffused/movement sensitive lighting provided externally

-Access/egress points illuminated

-No light-spill towards neighbours

-Hiding places illuminated

-Lighting is energy efficient

These requirements can be conditions of consent

Yes, subject to conditions of consent

Building Identification

-Clearly numbered buildings

-Entrances numbered

-Unit numbers provided at entry

House number requirement can be a condition of consent.

Yes, subject to condition of consent

Security

Provide an appropriate level of security for each dwelling and communal areas

Appropriate level of security provided for the dwellings

Yes

Ownership

Use of fencing, landscaping, colour and finishes to imply ownership

Ownership implied

Yes

 

As can be seen from the table above, the proposal complies with Section 3.4.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.5 ENERGY EFFICIENCY

A BASIX Certificate has been submitted with the application which shows that the proposed development meets the minimum target scores.

 

The proposed development also complies with the requirements of Development Control Plan No 1 in terms of solar access to adjoining developments in that these dwellings will receive at least 3 hours solar access to the principal private open space area and any windows located on the side elevations that adjoin the subject site.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.7 DRAINAGE AND ON-SITE DETENTION (OSD) REQUIREMENTS

The subject site can drain to the street and appropriate conditions of consent are provided in the recommendation, should consent be granted.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.8 FENCES ADJACENT TO PUBLIC ROADS

A front fence is proposed to the front boundary of the site adjoining Forest Road. The fence will be 1700mm high and comprise metal bars. There will be a solid return on the fence which will contain the letterboxes for the dwellings. This solid portion of fence will be 1700mm high and be constructed of masonry blocks or rendered concrete. The proposed fence is consistent with the objectives of Development Control Plan No 1.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.9 WASTE MANAGEMENT

The Waste Management Plan submitted with the application is consistent with the requirements of Development Control Plan No 1.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.11 PRESERVATION OF TREES AND MANAGEMENT

There are twelve (12) trees located on the site which are to be removed to accommodate the proposed development. The applicant has submitted an Arborist’s Report (prepared by Jacksons Nature Works, dated 10 October 2012) which concludes that the trees can be removed as they are considered to be of low significance or within the footprint of the proposed development. The removal of each tree is subject to its replacement with several trees as per the recommendations of the Arborist’s Report. Council’s Tree Management Officer has reviewed the report and has advised that no objection is raised subject to conditions of consent. The street tree located at the front of the site will be retained and protected during construction.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS

 

Multiple Dwelling Housing

Requirements

Proposed

Complies

Residential Density (Floor Space Ratio)

HLEP 2012 (clause 4.4):

 

 

Max. FSR = 0.6:1

Proposed GFA = 457.89sqm

 

FSR = 0.52:1

Yes

4.3.2.1 Site Planning

i) Minimum street frontage: 15m

 

ii) Relationships with open space

 

iii) Existing landscape

 

iv) Solar Access:

- Unshaded northern elevation to the development

- Adjoining properties must be capable of receiving not less than 3 hours of sunshine upon the open space areas of adjoining dwellings between 9am and 3pm on 21 June

 

v) Privacy and views: Site planning must take into account any adverse privacy impacts on neighbouring properties

15.85m

 

 

 

 

 

 

 

Sufficient levels of solar access to neighbouring dwellings

 

 

 

 

 

 

 

 

The proposal does not generate any unacceptable material privacy impacts

Yes

4.3.2.2 Streetscape

Must not diminish the quality of the streetscape

The proposed dwelling is considered to compatible with the existing and future desired streetscape. It is compatible with the existing streetscape in terms of bulk and scale

Yes

4.3.2.3 & 4.3.2.4 Building Form & Style and Height

Building Envelope:

- 45 degrees from a height of 3.5m (two storey dwellings)

 

- 45 degrees from a height of 1.5m (single storey dwellings)

 

Maximum building heights:

- Max. 9m (front)

 

- Max. 6m (rear)

 

 

Maximum excavation:

0.5m

 

Roofs:

Roof pitch to be between 22° and 35° and 45° for attics

 

Materials and Colours

 

Walls:

- Articulation on façade by the use of bay windows, verandahs, balconies or wall offsets

- Max. straight length of 6m for walls to street frontage

 

Storeys:

- Max. 2 storeys for front dwellings

- Max. 1 storey for the rear most dwelling

 

-Complies with building envelope

 

 

 

 

 

-Dwellings at the front of the site are <9m

 

-Dwelling at rear of site is <6m

 

-No excavation proposed

 

 

-Roof pitch is 22.5° for townhouses and up to 45° for attics

 

 

 

-Walls are appropriately articulated

 

 

 

 

 

-2 and 1 storeys for front dwellings

-1 storey for rear most dwelling

 

Yes

4.3.2.5 Building Setbacks

 

Front Setback

 

 

Side Setbacks

 

 

Rear Setback

 

 

 

Min. 4.5m to front wall of dwelling

 

Min. 2m (front site)

Min. 1.35m (rear site)

 

Building Envelope:

45 degrees from a height of 1.5m (single storey dwellings)

 

 

 

-4.5m

 

 

-Complies with side setback requirements

 

-Complies with building envelope for rear setback

 

 

Yes

 

 

4.3.2.6 Car Parking and Access

Residential parking:

3 bedrooms or more -

2 spaces per dwelling = 6 spaces

1 or 2 bedrooms – 1 space per dwelling = 1 space

 

Visitor parking:

4 dwellings or more:

1 space per 4 dwellings or part thereof = 1 space

 

Driveway:

- Min. 1.5m setback from windows to main habitable rooms of dwellings

- Site width < 20m: Driveways must not occupy more than 40% of the width of the site

 

 

 

- Garages must not extend further towards the front boundary than the front wall

 

-7 spaces provided

 

 

 

 

 

-1 visitor space provided

 

 

 

-Windows to main habitable rooms setback more than 1m and as much as is practical. Compliance can be achieved through a condition of consent.

-Driveway is not located at front of site

 

-Garages are located behind the building line

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes

4.3.2.7 Privacy

Visual privacy:

- Habitable room windows to be offset 1m from the edge of the opposite window, or

- Be screened or oriented to ensure the visual privacy

 

Acoustic privacy:

Min. 3m separation for windows (development site and adjoining properties)

 

Site layout:

Active recreational areas, parking areas, vehicle accessways and service equipment areas must be separate from bedroom areas of adjoining dwellings

 

Complies

Yes

 

4.3.2.8 Solar Design and Energy Efficiency

Comply with Section 3.5 Energy Efficiency and BASIX

 

Minimise overshadowing of neighbouring private open spaces or windows to habitable rooms

 

Adequate sunlight for rooms generally used during the daytime

 

North facing rooms receive maximum solar access (in multiple dwelling development, the dwellings are encouraged to have a north-facing room capable of being used as a living area)

 

Subject and adjoining lots receive 3hrs solar access between 9am and 3pm on mid winter equinox

Complies

Yes

4.3.2.9 Fences at the Front Boundary

Max. 1m height for solid fences and walls fronting public space

 

Principal private open space of any new dwelling must be located behind the front building line

 

1.8m high fence (with openings that are 50% transparent) may be considered for fence to principal private open space to public space (street)

-Front fence is 1.7m of open construction

 

 

-No principal private open space forward of the building line

 

 

 

 

 

 

Yes

4.3.2.10 Landscape

Site = 1018sqm

 

Landscaped open space:

Min. 20% of site area with minimum width of 2m = 203.6sqm

 

Landscaping in front of buildings (front setback area) shall provide a suitable visual screen or softening function for the development

 

 

-Approx. 280sqm (27.5%) of landscaped open space

 

 

Landscaping in front of front setback area is appropriate

 

 

 

Yes

4.3.2.11 Private Open Space

3 bedrooms or more:

- Min. 60sqm

- 3m in all directions

- Principal private open space = 4m x 6m, max. grade of 1 in 20 and must be accessible form main living area

 

1 or 2 bedrooms:

- Min. 50sqm

- 3m in all directions

- Principal private open space = 4m x 4m, max. grade of 1 in 20 and must be accessible form main living area

 

Dwelling 1 =  60sqm (min. 3m and 4m x 6m)

 

Dwelling 2 =  60sqm (min. 3m and 4m x 6m)

 

Dwelling 3 =  60sqm (min. 3m and 4m x 6m)

 

Dwelling 4 = 60sqm (min. 3m and 4m x 6m)

Yes

4.3.2.12 Site Services

Master TV antenna must be provided for any development of more than two dwellings

 

Storage:

6 cubic metres per dwelling

 

Communal outdoor clothes drying facilities:

To be visually screened from the street

-Can be provided

 

 

 

 

>6 cubic metres per dwelling

 

-No communal clothes drying facilities provided

 

Yes

 

 

 

 

 

 

4.3.2.13 Stormwater Drainage

Gravity drainage is preferred however alternative solutions may be considered in accordance with this section of the DCP during the assessment process

Drainage is to the street via gravity

Yes

 

As can be seen by the above table the proposed development complies with the requirements of Development Control Plan No 1.

 

PROPOSED AMENDMENT TO DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS – Minimum Site Area per Dwelling Unit

Council is currently exhibiting amendments to this Development control Plan principally a minimum site area control of 315sqm per multiple dwelling unit. This will only come into operation when adopted by Council and has no affect on the development application subject to this report.

 

4.      Impacts

 

Natural Environment

The proposed development is unlikely to have an adverse impact on the natural environmental. There are twelve (12) trees located on the site which are to be removed to accommodate the proposed development. The applicant has submitted an Arborist’s Report (prepared by Jacksons Nature Works, dated 10 October 2012) which concludes that the trees can be removed as they are considered to be of low significance or within the footprint of the proposed development. The removal of each tree is subject to its replacement with several trees. Council’s Tree Management Officer has reviewed the report and has advised that no objection is raised subject to conditions of consent being attached to any consent granted.

 

Built Environment

The proposed development is unlikely to have an adverse impact on the built environment. The proposed development complies with the requirements of the relevant planning instruments and Development Control Plans and as such is consistent with a type and scale of development envisaged by the requirements. The proposed development is unlikely to result in privacy and solar access impacts to adjoining developments as consideration has been given to the location of windows and the provision of solar access.

 

Social Impact

The proposed development has no apparent social impacts.

 

Economic Impact

The proposed development has no apparent economic impacts.

 

Suitability of the Site

The proposed development has no impediments that preclude it from being developed for the proposed development.

 

5.      REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

The application was notified/advertised to fifteen (15) residents/owners in accordance with Council’s requirements and one (1) submission was received in reply as follows.

 

Loss of privacy

“The applicant has met with us regarding this and proposed changes which we agree will alleviate our concerns, the purpose of this objection is therefore to confirm that Council is approving based on the revised plans for 924 Forest Rd that have been shown to us by the applicant relating to the below items.

 

• All balconies on the southern elevation have been removed completely and turned into awnings where applicable.

• All fixed second storey windows are now opaque.

• All opening second story windows are now opaque to a minimum of 1.5m high with the remaining height of the window to be sliding and clear, similar to those currently shown on the plans for the northern elevation.

 

Outside of this our concerns lie with future owners of these properties and what measure or authority Council has in place to ensure that the opaque glass remains. The applicant has advised he would keep the glass opaque whilst he was in possession of the property we are concerned that future owners may replace these opaque panels with clear glass and completely erode the privacy of our backyard.”

 

Comment: The plans submitted with the application show that the above changes have been made to the plans. The windows on the first floor southern elevation appear to show that the windows will contain translucent glazing up to 1.8m with the window above being clear glass. This will be reinforced through a condition of consent, should consent be granted.

 

The windows will be required to be maintained as approved, that is, with a portion of translucent glazing. Should they be removed, Council can take appropriate action to enforce the conditions of the development consent.

 

Council Referrals

 

Team Leader – Subdivision and Development

Council’s Team Leader – Subdivision and Development has raised no objection to the application subject to conditions of consent being attached to any consent granted.

 

Tree Management Officer

The application was referred to Council’s Tree Management Officer who has raised no objection subject to conditions of consent being attached to any consent granted.

 

External Referrals

There were no external referrals required for the application.

 

6.      CONCLUSION

The application seeks permission for the demolition of the existing structures, construction of three (3) x three (3) bedroom and one (1) x two (2) bedroom dwellings as a multi dwelling development and front fence and strata subdivision into four (4) allotments. The proposed development has been assessed against the relevant requirements and complies. The submission received to the application have been considered and addressed in the 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 DA2013/0420 for the demolition of existing structures, construction of 3 x 3 bedroom and 1 x 2 bedroom dwellings as a multi dwelling development and front fence, and strata subdivision into four (4) allotments on Lot 18 DP 35407 known as 924 Forest Road, Peakhurst, 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

DA000, 001,

002,

003,

004,

100,

101,

102,

103,

104,

105,

106,

107,

108,

201,

202,

203,

204,

205,

301,

604,

704,

706,

707,

711

13 Mar 14 and

25 Feb 14 (DA711) and 6 May 14 (DA100, 101, 102, 201)

Perspective and drawing list, Preliminary notes and specifications

BASIX compliance notes 1,

BASIX compliance notes 2,

Nathers certificate,

Site/roof plan,

Overall floor plans,

Overall first and attic floor plans,

Unit 1and 2 ground floor plan,

Unit 1 and 2 first floor plan,

Unit 3 ground floor plan,

Unit 3 attic floor plan,

Unit 4 ground floor plan,

Unit 4 attic floor plan,

Overall elevations,

Unit 1 and 2 north and east elevations,

Unit 1 and 2 south and west elevations,

Unit 3 elevations,

Unit 4 elevations,

Overall sections,

External finishes schedule,

Soil and sediment control pan,

Front fence details,

Front fence details 01,

Car turntable details

7 and 5 (DA711) and 8 ((DA100, 101, 102, 201)

Charisma Group

Job Ref 3078, sheet 1 of 1

16 Jul 12

Detail and level survey

-

TECA Management Pty  Ltd Surveyors

Surveyor’s reference: 1327-3, sheets 1of 2 and 2 of 2

-

Draft strata only

-

Ivan Babic

 

2.         GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

            (a)     Fees to be paid to Council:

 

Schedule of fees, bonds and contributions

Fee Type

Paid

Amount

Receipt Date

Receipt No

Development Application Fee

X

$1,925.00

13 Dec 13

2011778

Plan First Fee

X

$640.00

13 Dec 13

2011778

Notification Fee

X

$226.00

13 Dec 13

2011778

DA Advertising Fee

X

$1,105.00

13 Dec 13

2011778

Long Service Levy

 

$3,500.00

 

 

Builders Damage Deposit

 

$1,500.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$130.00

 

 

S94 Residential (Community Facilities)

 

$6691.90

 

 

S94 Residential (Open Space, Recreation, Public Domain)

 

$47,317.16

 

 

 

The following fees apply when you submit an application to Council for the Subdivision Certificate.

 

Subdivision Application Fee

X

$590.00

13 Dec 13

2011778

Subdivision Certificate Fee

 

$692.00

 

 

S88B Checking Fee

 

$292.00

 

 

 

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

 

PCA Services Fee

 

$2,200.00

 

 

Construction Certificate Application Fee

 

$2,200.00

 

 

Construction Certificate Imaging Fee

 

$172.00

 

 

 

Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

3.         GEN1003 - Section 94 Contributions - Residential Development (Community Facilities and Open Space, Recreation, Public Domain)

 

a. Amount of Contribution

Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 (as amended) and Hurstville Section 94 Development Contributions Plan 2012 the following contributions towards the cost of providing facilities shall be paid to Council:

Contribution Category                                                                     Amount   

Community Facilities                                                                           $6,619.90

Open Space, Recreation and Public Domain Facilities                  $47,317.16

Total:                                                                                                     $54,009.06

 

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 the 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, and Hurstville) or viewed on Council’s website www.hurstville.nsw.gov.au/Strategic-Planning.html

 

4.         GEN1014 - Long Service Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

 

5.         GEN1016 - Damage Deposit - Major Works - In order to insure against damage to Council property the following is required:

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,500.00

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $130.00.

(c)  At the completion of work Council will:

(i)         review the dilapidation report prepared prior to the commencement works;

(ii)        review the dilapidation report prepared after the completion of works;

(iii)       Review the Works-As-Executed Drawings (if applicable); and

(iv)       inspect the public works.

The damage deposit will be refunded in full upon completion of work where no damage occurs and where Council is satisfied with the completion of works. Alternatively, the damage deposit will be forfeited or partly refunded based on the damage incurred.

(d) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

(e) Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

 

6.         APR6005 - Engineering -Vehicular Crossing - Extension of Council’s drainage system - Council’s drainage system is to be extended southerly from the existing gully pit in front of 922 Forest Road to terminate directly in front of the development site.  A 375mm diameter (minimum) pipeline is to be used and a kerb inlet pit with a 1.8 metre (minimum length) lintel shall be constructed directly in front of the development site for connection of stormwater to be disposed of from the development.

 

A Section 138 Drainage Application under the Roads Act is to be approved by Council prior to the issue of a Construction Certificate. Construction of the pipeline is to be completed prior to covering the roof structure to provide an outlet for roof runoff.

 

7.         APR6002 - Engineering - Vehicular Crossing - Minor Development - Constructing a vehicular crossing and/or footpath requires a separate approval under Section 138 of the Roads Act 1993 prior to the issue of the Construction Certificate. 

 

To apply for approval, complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Hurstville Council’s Website at www.hurstville.nsw.gov.au/Forms Lodge the application form, together with the associated fees at Council’s Customer Service Centre, during business hours.  Refer to Section P1 and P2, in Council’s adopted Fees and Charges for the administrative and inspection charges associated with Vehicular Crossing applications.

 

Please note, that an approval for a new or modified vehicular crossing will contain the approved access and/or alignment levels which will be required to construct the crossing and/or footpath. Once approved, all work shall be carried out by a private contractor in accordance with Council’s Specification for Vehicular Crossings and Associated Works prior to the issue of the Occupation Certificate.

 

8.         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;

(c)  Erecting a structure or carrying out work

(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f)   Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h)  Establishing a “works zone”;

(i)   Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j)   Stormwater and ancillary works in the road reserve; and

(k)  Stormwater and ancillary to public infrastructure on private land

(l)   If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

 

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

 

The relevant Application Forms for these activities can be downloaded from Hurstville City Council’s website www.hurstville.nsw.gov.au/Forms     For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

 

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

These conditions have been imposed by other NSW Government agencies either through their role as referral bodies, concurrence authorities or by issuing General Terms of Approval under the Integrated provisions of the Environmental Planning and Assessment Act 1979.

 

10.       GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Coordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

 

Following application a "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

 

The “Notice of Requirements” must be submitted prior to the commencement of work.

 

11.       GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

These conditions either require modification to the development proposal or further investigation/information prior to the issue of the Construction Certificate to ensure that there is no adverse impact.

 

12.       CC2004 - Development Assessment - Design Changes - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.

(a) The windows located on the first floor southern elevation of the dwellings is to contain translucent glazing to a minimum 1.5m form the finished floor level of the room. The glazing above this can be clear. This condition has been imposed to reduce privacy impacts to adjoining developments. Details to be shown on the Construction Certificate.

(b) The windows to the main habitable rooms of Units 1, 2 and 3 are to be setback minimum 1.5m from the driveway in accordance with the requirements of Hurstville Development Control Plan No 1 – LGA Wide. Details to be shown on the Construction Certificate.

 

13.       CC2001 - Development Assessment - Erosion and Sedimentation Control - Erosion and sediment controls must be provided to ensure:

(a) Compliance with the approved Erosion and Sediment Control Plan

(b) Removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed without approval)

(c)  all clean water run-off is diverted around cleared or exposed areas

(d) silt fences, stabilised entry/exit points or other devices are installed to prevent sediment from entering  drainage systems or waterways

(e) all erosion and sediment controls are fully maintained for the duration of demolition, excavation and/or development works

(f)   controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadway

(g) all disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar

(h)  Compliance with Managing Urban Stormwater - Soils and Construction (Blue Book) produced by Landcom 2004.

 

These measures are to be implemented before the commencement of work (including demolition and excavation) and must remain until the issue of the Occupation Certificate.

 

14.       CC2008 - Development Assessment - Landscape Plan - A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted prior to the issue of the Construction Certificate. The plan must include:

(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.

 

15.       CC2003 - Development Assessment - Construction Site Management Plan - A Construction Site Management Plan must be submitted with the application for the Construction Certificate, and must include the following measures:

·    location of protective site fencing;

·    location of site storage areas/sheds/equipment;

·    location of building materials for construction, e.g. stockpiles

·    provisions for public safety;

·    dust control measures;

·    method used to provide site access location and materials used;

·    details of methods of disposal of demolition materials;

·    method used to provide protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/skip bins;

·    details of proposed sediment and erosion control measures;

·    method used to provide construction noise and vibration management;

·    construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any works including demolition and excavation.  The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity.  A copy of the Construction Management Plan must be retained on site and is to be made available upon request.

 

16.       CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 445285M_03 dated 8 December 2013, approved with the Development Consent No DA2013/0420, must be implemented on the plans lodged with the application for the Construction Certificate.

 

17.       CC3001 - Development Engineering - Stormwater System - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

All stormwater shall drain by gravity to the upper level of the kerb inlet pit required to be constructed directly in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

18.       CC3004 - Development Engineering - Stormwater Drainage Plans (By Engineer Referral Only) - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

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.

 

19.       CC5002 - Trees - Tree Protection and Retention - The following trees shall be retained and protected:

(a) The street tree located at the front of the site on the public nature strip.

 

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.

 

20.       CC5003 - Trees - Tree Removal and Replacement - Private Land - Permission is granted for the removal of the following trees:

(a) All trees located on the site.

 

Twelve (12) trees selected from the list of suitable species in the Hurstville City Council’s Tree Removal and Pruning Guidelines must be replanted within the front/rear yard of the subject site. Trees are to be replanted a minimum of 3m away from any driveway, building or structure. Details of these trees are to be provided in the landscape plan prepared by a qualified landscape architect.

 

The selected trees shall have a minimum pot size of 75L. A copy of Hurstville Council’s Tree Removal and Pruning Guidelines, can be downloaded from Council’s website www.hurstville.nsw/Residents/Tree-Management

 

21.       CC6004 - Engineering - Traffic Management - Compliance with AS2890 - All driveways, access ramps, vehicular crossings and car parking spaces shall be designed and constructed in accordance with the current version of Australian Standards, AS 2890.1 (for car parking facilities) and AS 2890.2 (for commercial vehicle facilities).

 

22.       CC7004 - Building - Structural details - Structural plans, specifications and design statement prepared and endorsed by a suitably qualified practising structural engineer who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the Certifying Authority for any of the following, as required by the building design:

(a)  piers

(b)  footings

(c)   slabs

(d)  columns

(e)  structural steel

(f)    reinforced building elements

(g)  swimming pool design

(h)   retaining walls

(i)    stabilizing works

(j)    structural framework

 

23.       CC8001 - Waste - Waste Management Plan - A Waste Management Plan incorporating all requirements in respect of the provision of waste storage facilities, removal of all materials from the site that are the result of site, clearing, extraction, and, or demolition works and the designated Waste Management Facility shall be submitted to the Principal Certifying Authority and copy provided to the Manager Environmental Services, Hurstville City Council prior to the issue of any Construction Certificate.

 

24.       CC8002 - Waste - Waste Storage Containers - Home Units (Residential Flat Development) - The following waste and recycling facilities will be required:

 

Domestic Waste:- 1 x 120 litre Mobile Garbage Bins (MGB’s) per dwelling;

Domestic Recycling:- 1 x 240 litre MGB’s per dwelling.

Green Waste: - 1 x 240 litre MGB’s per dwelling.

 

All waste and recycling containers shall be stored in an approved waste storage area that is large enough to store the required number of bins.

 

The location of the proposed Waste Storage Area as shown on the submitted plan is not easily accessible for Council’s Waste Contractor to service the bins. Accordingly, it will be the responsibility of the Owners Corporation to present the MGB’s for collection and return them to the storage area after they have been emptied.

 

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

 

25.       PREC2001 - Building regulation - Site sign - Soil and Erosion Control Measures - Prior to the commencement of works (including demolition and excavation), the durable site sign issued by Hurstville City Council in conjunction with this consent must be erected in a prominent location on site.  The site sign warns of the penalties which apply to pollution, storing materials on road or footpath and breaches of the conditions relating to erosion and sediment controls.  The sign must remain in a prominent location on site up until the completion of all site and building works.

 

26.       PREC2002 - Development Assessment - Demolition and Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2011 - Demolition of Structures, NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011. The work plans required by AS2601-2001 shall be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement shall be submitted to the Principal Certifying Authority prior to the commencement of works.

 

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

 

27.       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.

 

28.       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.

 

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.

 

29.       CON2001 - Development Assessment - Hours of construction for demolition and building work - Work in connection with the demolition of any existing buildings and the removal of spoil and materials from the site that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00am to 5.00pm, Monday to Saturday inclusive. No work or ancillary activity shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A Penalty Infringement Notice may be issued for any offence.

 

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.

 

30.       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.

 

31.       CON5001 - Trees - Tree Removal on Private Land - The trees identified as ‘to be removed/pruned’ on the approved plans or by conditions of this consent shall be removed in accordance with AS4373-2007 Pruning of Amenity Trees and the Trees Work Industry Code of Practice (WorkCover NSW, 1998).

 

32.       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.

 

33.       CON8001 - Waste - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the Principal Certifying Authority and a copy provided to the Manager Environmental Services, Hurstville City Council.

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

 

34.       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.

 

35.       OCC2004 - Development Assessment - BASIX Compliance Certificate - A Compliance Certificate must be provided to the Principal Certifying Authority regarding the implementation of all energy efficiency measures as detailed in the BASIX Certificate No. 445285M_03 dated 8 December 2013, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

 

36.       OCC2005 - Development Assessment - Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

 

37.       OCC2007 - Development Assessment - Allocation of car parking spaces - Car parking associated with the development is to be allocated as follows:

(a) Residential dwellings: Two (2) spaces per dwelling as per the approved plans

(b) Residential visitors: One (1) space

(c)  Car wash bay: One (1) space which can be the visitor space

 

PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Subdivision Certificate.

 

38.       SUBS9001 - Subdivision - Completion of Site Works - The following works shall be completed on site and documentation submitted prior to the issue of the Subdivision Certificate:

(a)      Construction Requirements

The structures of the building(s) that define the boundaries of all parts of the Strata Lots, including the Common Property shall be constructed in accordance with the approved plans and conditions of Development Consent No DA2013/0420.

 

This shall include the completion of all internal driveways/ramps and hardstand areas for car spaces on the site prior to the issue of the Strata Certificate.

 

(b)      Unit Numbering

Permanent apartment type numbers shall be installed in a prominent position adjacent to the entrance of each unit.

 

Each unit shall be numbered in accordance with the strata plan lot numbering prior to the issue of the Strata Certificate.

 

(c)       Letterboxes

Separate letterboxes, for each unit and the Owner's Corporation, shall be provided with permanent type numbers to be installed to each letterbox prior to the issue of the Strata Certificate.

 

(d)      Street Number

The street number 924 is to be displayed in a prominent location in the front of the site prior to the issue of the Strata Certificate.

 

(e)      Visitor Parking Sign

“Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces prior to the issue of the Strata Certificate.

 

(f)        Courtyard Fencing

All courtyard fencing is to be completed on site prior to the issue of the Strata Certificate.

 

(g)      Compliance Certificate from Sydney Water

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Co-ordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

 

Following application, a "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Co-ordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to Council prior to the issue of the Strata/Subdivision Certificate.

 

39.       SUBS9003 - Subdivision - Requirement for application of a Strata Certificate - Section 37 - To enable the determination of the application for a Strata Certificate by Hurstville City Council or an Accredited Strata Certifier, the applicant must submit the following:

(a) Application for Strata Certificate form duly completed with payment of fees current at lodgement; and

(b) Three (3) copies of the Final Strata Plan prepared by a Registered Surveyor in accordance with the above final Strata Plan requirements

(c)  The Original Strata Plan Administration Sheet(s) plus one (1) copy

(d) The Original of any relevant 88B instrument plus one (1) copy.

(e) A Section 73 (Sydney Water) Compliance Certificate for the development.

 

IMPORTANT NOTES:

(i)         A Strata Certificate cannot be issued unless all relevant conditions of the development consent that are to be satisfied prior to the issue of the Strata Certificate have been complied with.

(ii)        Council will check the consent conditions on the relevant Strata Subdivision consent. Failure to submit the required information will delay endorsement of the plan of subdivision.

(iii)       Council will undertake the required inspections to satisfy the requirements of clause 29A of the Strata Schemes (freehold Development) Regulation 2007 to determine the Strata Certificate.

(iv)      Strata Plans, Administration Sheets, 88B Instruments and copies must not be folded.

(v)       All Strata Plans, Strata Plan Administration Sheets and 88B Instruments shall be submitted to Council enclosed in a protective cardboard tube (to prevent damage during transfer).

 

40.       SUBS9002 - Subdivision - Final Strata Plan Requirements - A final Strata Plan shall be prepared by a Registered Surveyor and include (but not be limited to) the following:

 

(a)      Designation of Visitor Car Spaces on Strata Plan

Visitor car spaces shall be designated on the final strata plan as "Visitor Parking - Common Property".

 

ONGOING CONDITIONS

These conditions have been imposed to ensure that the use or operation of the development does not adversely impact on the amenity of the neighbourhood or environment.

 

41.       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.

 

42.       ONG3002 - Development Engineering - Notification of Unit Numbers - On the issue of any Strata Certificate the Accredited Strata Certifier shall submit to Council a list of the unit numbers and there corresponding lot numbers.

 

43.       ONG3005 - Development Engineering - Additional requirements for the issue of a Strata Certificate - In addition to the statutory requirements of the Strata Schemes (Freehold Development) Act 1973 a Strata Certificate must not be issued which would have the effect of:

(a) The removal of any areas of common property shown upon the approved Development Application plans and allocated to any one or more strata lots,

(b) The removal of any visitor parking spaces from the strata scheme and allocated to any one or more strata lots , or

(c)  Any unit’s parking space or storage area is not strata subdivided as separate strata lot.

(d) Under no circumstances shall any future Strata By-Laws be created to grant exclusive use of nominated Visitors Parking spaces to occupants/owners of units or tenancies within the building.

 

Note: This condition has been imposed to ensure that: (a) common property is not alienated from the strata scheme and assigned to any one or more strata lots, (b) visitor parking is not alienated from the strata scheme and assigned to any one or more strata lots such that visitors would be restricted from lawful access and use of required visitor parking, (c) parking spaces and storage areas are not strata subdivided as separate strata lots which may be sold with full strata title rights as a parking space or storage area lot, reducing available parking and storage to strata lots and visitors required to reduce demand for on-street public parking.

 

ADVICE

This advice has been included to provide additional information  and where available direct the applicant to additional sources of information based on the development type.

 

44.       ADV2002 - Development Assessment - Site Safety Fencing - Site fencing must be erected in accordance with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling.  The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

 

For more information visit www.workcover.nsw.gov.au

 

Schedule B – Prescribed Conditions

 

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

 

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which prescribed conditions apply.

 

45.       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.

 

46.       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.

 

47.       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.

 

48.       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.

 

49.       PRES1007 - Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

 

Schedule C – Operational & Statutory Conditions

 

These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.

 

50.       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.

 

51.       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.

 

52.       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.

 

53.       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.

 

54.       OPER1005 - Subdivision Work – Construction Certificate & Appointment of Principal Certifying Authority - Subdivision work in accordance with a development consent cannot commence until:

(a) A Construction Certificate has been issued by the consent authority, the council (if not the consent authority) or an accredited certifier; and

(b) The beneficiary of the consent has appointed a Principal Certifying Authority for the subdivision work.

 

No later than two (2) days before the subdivision work commences, the PCA must notify:

(a) The consent authority and the council (if not the consent authority) of his or her appointment; and

(b) The beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the subdivision work.

 

An Information Pack is attached for your convenience should you wish to appoint Hurstville City Council as the Principal Certifying Authority for your development.

 

55.       OPER1006 - Subdivision work – Notice of Commencement - The beneficiary of the development consent must give at least two (2) days notice to the Council and the PCA of their intention to commence the subdivision works.

 

A Notice of Commencement Form is attached for your convenience.

 

56.       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.

 

57.       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.

 

58.       OPER1009 - Occupation Certificate - A person must not commence occupation or use of the whole or any part of a new building unless an Occupation Certificate has been issued in relation to the building or part.

 

Only the Principal Certifying Authority appointed for the building work can issue the Occupation Certificate.

 

An Occupation Certificate Application Form is attached for your convenience.

 

If you need more information, please contact the Senior Development Assessment Officer, below on 9330-6222 during normal office hours.

 

For video relating to 924 Forest Rd Peakhurst click here

 

 

APPENDICES

Appendix View1

Location Plan of 924 Forest Rd Peakhurst

Appendix View2

REVISED Site and Roof Plan - 924 Forest Rd Peakhurst

Appendix View3

Revised Overall Elevations - 924 Forest Rd Peakhurst

Appendix View4

Company extract - owner - 924 Forest Road Peakhurst (Confidential)

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL117-14             924 Forest Road Peakhurst - Demolition of existing structures and construction of 3 x 3 bedroom and 1 x 2 bedroom dwellings as multi dwelling housing and front fence and strata subdivision into four allotments

[Appendix 1]           Location Plan of 924 Forest Rd Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL117-14             924 Forest Road Peakhurst - Demolition of existing structures and construction of 3 x 3 bedroom and 1 x 2 bedroom dwellings as multi dwelling housing and front fence and strata subdivision into four allotments

[Appendix 2]           REVISED Site and Roof Plan - 924 Forest Rd Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL117-14             924 Forest Road Peakhurst - Demolition of existing structures and construction of 3 x 3 bedroom and 1 x 2 bedroom dwellings as multi dwelling housing and front fence and strata subdivision into four allotments

[Appendix 3]           Revised Overall Elevations - 924 Forest Rd Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL118-14        63 Cairns Street Riverwood - Demolition of existing structures and construction of multiple dwelling development comprising five (5) dwellings 

Applicant

Virtual Y Design

Proposal

Demolition of existing structures and construction of multiple dwelling development comprising five (5) dwellings

Owners

Y Sarkis and T Harb

Report Author/s

Development Assessment Officer, Mr K Kim

File

DA2014/0164

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone R2 - Low Density Residential

Existing Development

Single dwelling house and outbuildings

Cost of Development

$1,072,863.00

Reason for Referral to Council

Two (2) submissions and petition received

Planning Instruments Applicable

Hurstville Local Environmental Plan 2012, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Development Control Plan No 1 – LGA Wide - Section 3.1 Car Parking, Section 3.3 Access and Mobility, Section 3.4 Crime Prevention through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On Site Detention Requirements, Section 3.9 Waste Management,  Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environment Plan Interpretation of Use

Multiple dwelling housing

 

EXECUTIVE SUMMARY

1.         The proposal seeks approval for the demolition of existing structures and construction of four (4) x two (2) storey townhouses and one (1) x single storey villa as a multiple dwelling development on the subject site.

2.         The proposal complies in full with the relevant Environmental Planning Instruments, Section 79C of the Environmental Planning and Assessment Act 1979 (as amended) and complies in full with the relevant Development Control Plan with the conditions included in this report.

3.         The application was advertised and forty six (46) adjoining residents were notified in accordance with Development Control Plan No 1 – LGA Wide. Two (2) submissions and a petition containing three (3) signatures were received in relation to the proposal.

 

 

AUTHOR RECOMMENDATION

THAT the application be granted a 'deferred commencement' approval in accordance with the conditions included in the report.

 

 

REPORT DETAIL

 

DESCRIPTION OF THE PROPOSAL

The proposal seeks approval for the demolition of existing structures and construction of four (4) x two (2) storey townhouses and one (1) x single storey villa as a multiple dwelling development on the subject site. In detail the proposal involves the following works:

 

Units 1 and 2

These two (2) storey townhouses to the front portion of the site consist of four (4) bedrooms and double garage for each dwelling. A courtyard with a minimum area of 60sqm is provided to each townhouse adjoining the eastern side boundary.

 

Units 3 and 4

These two (2) storey townhouses in the mid-section of the site consist of two (2) bedrooms and single garage for each dwelling. A courtyard with a minimum area of 50sqm is provided to each townhouse adjoining the eastern side boundary.

 

Unit 5

This single storey villa to the rear portion of the site is provided as an adaptable unit, which consists of two (2) bedrooms and a single garage. A courtyard with a minimum area of 50sqm is provided on the eastern side of the villa.

 

Car parking

Two (2) visitor parking spaces are provided at the end of the long common driveway and between the rear most villa and Unit 4. The rear dwellings have turning areas within the long common driveway along the western side of the site with aisle widths ranging from 4m – 7m.

 

HISTORY

5 Mar 14                     Council resolved to amend Development Control Plan No 1 introducing a minimum site area of 315sqm, hold workshop and that all multiple dwelling applications be referred to Council until the controls are determined

26 Mar 14                  Workshop on multiple dwellings held

28 Mar 14                  Current development application lodged for proposed multiple dwellings (DA2014/0164)

2 Apr 14                     Development Control Plan amendments endorsed for public exhibition

9 Apr 14                     Additional information sought from applicant

10 Apr 14                   Development Control Plan exhibition commenced for twenty eight (28) days

11 Apr 14                   Application notified for fourteen (14) days

16 Apr 14                   Requested information (arborist report) received

30 Apr 14                   Additional information sought from applicant

5 May 14                    Amended plans received

 

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the south western side of Cairns Street, Riverwood with the nearest cross street being Talbot Street to the east. The subject site is legally described as Lot 171 in DP 1939 and is known as 63 Cairns Street Riverwood.

 

The subject site is regularly shaped, with a street frontage of 20.115m to Cairns Street, average depth of 55.475m and a site area of 1116sqm. The site has a fall of approximately 1.5m from the street to the southern rear boundary of the site and has a cross-fall of 1.5m from east to west of the site. A sewer pipeline runs across the mid-segment of the site, which appears to be located under the proposed dwelling numbered Unit 2.The proposed works in the vicinity of the existing sewer pipeline is 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.

 

There are ten (10) on-site trees scattered across the rear half of the site. It is proposed to remove eight (8) of these on-site trees and retain and protect one (1) neighbour’s tree (one (1) x Corymbia citriodora – Lemon Scented Gum numbered T1) near the south eastern side of the site and a street tree (one (1) x Eucalyptus microcorys – Tallowwood numbered T6) at the street frontage. Existing on the site is a single storey dwelling house with outbuildings.

 

The area surrounding the subject site is characterised by one (1) and two (2) storey residential developments including single dwelling houses, dual occupancies and multiple dwelling developments.

 

COMPLIANCE AND ASSESSMENT

The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979. 

 

1.      Environmental Planning Instruments

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

The extent to which the proposal complies with the relevant standards of Hurstville Local Environmental Plan 2012 is outlined in the table below.

 

Clause

Standard

Assessment Under HLEP 2012

Part 2 – Permitted or Prohibited Development

R2 Low Density Zone

Multiple dwellings are permissible in the zone

 

Objectives of the Zone

The proposal complies with the objectives of the zone

2.7 – 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 Multiple Dwelling Housing

LEP Lot size map:

Subject site is identified as “G” = no minimum site area

1116sqm (complies)

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

Max. 7.7m (complies)

4.4 – Floor Space Ratio

Site = 1116sqm

 

0.6:1 as identified on Floor Space Ratio Map

Proposed GFA = 622.03sqm

 

FSR = 0.56:1 (complies)

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP No.1 Section 3.11 – Preservation of Trees and Vegetation

Council’s Tree Management Officer raised no objection, subject to the conditions attached to the recommendation of this report (ie retention and protection of a neighbour’s tree, 1 x Corymbia citriodora – Lemon scented Gum numbered T1 and a street tree, 1 x Eucalyptus microcorys – Tallowwood numbered T6

6.7 – Essential Services

The following services that are essential for the development shall be available or that adequate arrangements must be made available when required:

 

* Supply of water, electricity and disposal and management of sewerage

 

 

* Stormwater drainage or on-site conservation

 

 

 

 

 

 

* Suitable vehicular access

 

 

 

 

 

 

Adequate facilities for the supply of water and for the removal of sewage and drainage are available to this land

 

Council’s Team Leader – Subdivision and Development has raised no objection, subject to the deferred commencement and drainage conditions attached to the recommendation

 

New driveway crossing from Cairns Street (standard conditions for the submission of separate vehicular crossing applications and driveway design)

 

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

The site is within the area affected by the Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment.  The proposal, including the disposal of stormwater, is consistent with Council’s requirements for the disposal of stormwater in the catchment.

 

STATE ENVIRONMENTAL PLANNING POLICY NO 55 - REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

 

Based on Council’s records, the subject site has not been used for any potentially contaminating activities.  As such, it is considered unlikely that the land is contaminated.

 

STATE ENVIRONMENTAL PLANNING POLICY (BUILDING SUSTAINABILITY INDEX: BASIX) 2004

In accordance with this policy, all new residential dwellings and those seeking alterations and additions as identified under this policy require a BASIX certificate that measures the Building Sustainability Index to ensure dwellings are designed to use less portable water and are responsible for fewer greenhouse gas emissions by setting energy and water reduction targets for house and units.

 

The application is supported by a satisfactory BASIX certificate that satisfies the requirements for dwellings under this policy.

 

2.      Draft Environmental Planning Instruments

No Draft Environmental Planning instruments affect the proposed development.

 

Any other matters prescribed by the Regulations

The regulations prescribe the following matters for consideration for development in the Hurstville Council area:

 

Demolition

Safety standards for demolition and compliance with AS 2601-2001 apply to the demolition of any building affected by the proposal.

 

3.      Development Control Plans

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING

The extent to which the proposed garages comply with the car parking provisions is outlined in the table below.

 

Section 3.1

Requirements

Proposed

Complies

3.1.4.1 - Resident parking

3 or more bedroom – 2 spaces (2 units proposed) = 4

 

1 or 2 bedroom – 1 space (3 units) = 3

 

Total required = 7 spaces

2 x double garages = 4

 

 

 

3 x single garages = 3

 

 

Total proposed = 7 car spaces

Yes

3.1.4.1 -Visitor parking (4 or more dwellings)

1 space per 4 dwellings or part thereof (5 units proposed) = 2

2 visitor car spaces

Yes

3.1.4.2(a) – Layout

AS2890.1 – Min. dimensions (double garage) = 5.4m x 5.4m

(single garage) =

2.7m x 5.4m

Double garage:

Min. 5.5m x 5.5m each

 

Single garage:

2.84m - 3m x 5.5m

Yes

3.1.4.2 – Dimension of car spaces, car parking layout, circulation, egress and egress

Compliance with AS2890.1 2004 and AS2890.2

 

Yes –

Garage (U1): min. end aisle width is 6.2m and adequate distance for reverse manoeuvre

Garage (U2): min. end aisle width is 6.2m and adequate distance for reverse manoeuvre

Garage (U3): min. end aisle width is 6m and 15m for reverse manoeuvre (in front of Visitor 02)

Garage (U4): min. end aisle width is 6m and 7.5m for reverse manoeuvre (in front of Visitor 02)

Garage (U5): min. end aisle width is 6m and 1.6m for reverse manoeuvre (in front of Visitor 02)

Visitor 01: min. end aisle width is 7m and 4.5m for reverse manoeuvre (in front of Visitor 02)

Visitor 02: min. end aisle width is 6m and 2.5m for reverse manoeuvre (in front of garage of U5)

Yes

3.1.4.6 – Parking for people with a disability

AS1428 and AS/NZS2890.6

Adaptable unit (U5): Min. width of 3.8m x depth of 5.5m

Yes

3.1.4.8 – Car washing area

Four or more dwellings:

 

1 x designated car washing area

Visitor car space can also be provided as car washing area

Yes

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.3 ACCESS AND MOBILITY

 

Section 3.3

Requirements

Proposed

Complies

3.3.5.1 – Multiple dwellings

5 or more dwellings:

Min. 1 adaptable dwelling, designed in accordance with AS4299

1 adaptable dwelling (Unit 5)

Yes

 

The proposal provides one (1) accessible unit in the form of a single storey villa at the rear of the site which contains a disabled car space (garage) and unobstructed access throughout the villa. In this regard, the proposal has considered to adequately satisfy the intent of this subsection, subject to conditions of consent requiring compliance with AS4299.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

The extent to which the proposed development complies with the crime prevention through environmental design provisions is outlined in the table below.

 

Section 3.4

Requirements

Proposed

Complies

Fencing

Allows natural surveillance to street

No front fence proposed

Yes

Blind Corners

To be avoided

Avoided

Yes

Communal Areas

Provide opportunities for natural surveillance

Windows of lounge/bedroom rooms (front dwelling) provide natural surveillance to the street and windows and doors of other dwellings to the common driveway

Yes

Entrances

Clearly visible and not confusing

Clearly defined with front porch to the entrance of each dwelling

Yes

Site and Building Layout

-   Provide surveillance opportunities

-   Building addresses street

-   Habitable rooms are directed towards the front of the building

-   Garages are not dominant

-   Offset windows

Surveillance opportunities provided

Yes

 

Habitable bedrooms to front of the building

 

Yes, not visible from the street

Yes

Yes

 

Yes

 

Yes

 

 

Yes

 

Yes

Lighting

-   Diffused/movement sensitive lighting provided externally

-   Access/egress points illuminated

-   No light spill towards neighbours

-   Hiding places illuminated

-   Lighting is energy efficient

Can be conditioned to satisfy these requirements, should the application be approved

Yes

Landscaping

-   Avoid dense medium height shrubs

-   Allow spacing for low growing dense vegetation

-   Low ground cover or high canopy trees around car parks and pathways

A mixture of landscaping is proposed.  This ranges from ground cover, small shrubs to medium sized trees

Yes

Building Identification

-   Clearly numbered buildings

-   Entrances numbered

-   Unit numbers provided at entry

Can be conditioned to satisfy these requirements, should the application be approved

Yes

Security

Provide an appropriate level of security for each dwelling and communal areas

Sufficient level of security provided for each dwelling

Yes

Ownership

Use of fencing, landscaping, colour and finishes to imply ownership

Landscaping, front porch and driveways indicate ownership

Yes

 

In addition to the above, the proposed development comprises of four (4) dwellings of which adopt a double storey built form at the front portion of the site and a single storey built form located to the rear which form two (2) separate buildings. The development contains a shared driveway which grants access to garage/car spaces of rear dwellings that runs parallel along the western boundary. 

 

The proposal incorporates windows located on the ground floor and first floor which allows for passive surveillance to all areas of the subject site. For the reasons above, it is considered that the proposed development is considered to adequately satisfy the requirements under this subsection.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.5 ENERGY EFFICIENCY

The proposal has achieved a BASIX Certificate and therefore complies with the objectives of Section 3.5 of Development Control Plan No 1. The proposed development also complies with the solar access requirements of Development Control Plan No1 – LGA Wide.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ON-SITE DETENTION (OSD) REQUIREMENTS

The proposal has inadequately satisfied the requirements of this subsection. Council’s Development Engineer has supported the proposed works subject to the deferred commencement conditions for a drainage easement and drainage conditions attached to the determination.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.9 WASTE MANAGEMENT

A Waste Management Plan has been submitted with the application which is acceptable. Standard conditions have been imposed requiring appropriate waste management during construction and as part of the on-going use of the development.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.11 PRESERVATION OF TREES AND VEGETATION

In accordance with Clause 5.9 of the Hurstville Local Environmental Plan 2012, a tree management permit is required to allow any removal of a tree or vegetation on a private land that is 3m or more in height or a circumference of 300mm or more or has a branch spread of 3m of more irrespective of species.

 

Council’s Tree Management Officer has reviewed the arboricultural assessment report (prepared by TALC, dated 16 April 2014) submitted with this application and raise no objection, subject to conditions requiring protection measures and supervision of an arborist throughout the excavation and construction works. As such the proposal is considered to be consistent with the intent of this subsection of Development Control Plan No 1 with conditions of consent.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS

The proposal has been assessed against the requirements of Section 4.3 of Council’s Development Control Plan No 1 – LGA Wide as shown below.

 

Section 4.3

Requirements

Proposed

Complies

Residential Density (Floor Space Ratio)

HELP 2012 (clause 4.4):

 

Max. FSR = 0.6:1

Proposed GFA = 622.03sqm

FSR = 0.56:1

Yes

4.3.2.1 Site Planning

i) Minimum street frontage: 15m

 

ii) Relationships with open space:

 

 

 

iii) Existing landscape:

 

 

 

 

 

 

 

iv) Solar Access:

- Unshaded northern elevation to the development

- Adjoining properties must be capable of receiving not less than 3 hours of sunshine upon the open space areas of adjoining dwellings between 9am and 3pm on 21 June

 

v) Privacy and views: Site planning must take into account any adverse privacy impacts on neighbouring properties

20.115m

 

 

Private open spaces to all units meet the requirements of DCP No 1

 

Street tree (1 x Eucalyptus microcorys – Tallowwood numbered T6 ) is to be retained and replacement trees throughout the site

 

Complies

 

 

 

 

 

 

 

 

 

Privacy impacts minimised by design

Yes

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

4.3.2.2 Streetscape

Must not diminish the quality of the streetscape

 

The proposed dwellings are considered to be compatible with the existing and future desired streetscape, especially when it is compared to the existing multiple dwelling developments with similar orientation and built upon areas

Yes

4.3.2.3 & 4.2.3.4 Building Form & Style and Height

Building Envelope:

- 45 degrees from a height of 3.5m (two storey dwellings)

 

 

- 45 degrees from a height of 1.5m (single storey dwellings)

 

 

 

Maximum building heights:

 

- Max. 9m (front)

 

- Max. 6m (rear)

 

Maximum excavation:

0.5m

 

Recommended max. roof pitch: 22° to 35°

 

 

 

Materials and Colours

 

Walls:

- Articulation on façade by the use of bay windows, verandahs, balconies or wall offsets

 

- Max. straight length of 6m for walls to street frontage

 

Storeys:

- Max. 2 storeys for front dwellings

 

- Max. 1 storey for the rear most dwelling

Units 1, 2, 3 and 4 (two storey dwellings):

Complies with building envelope

 

Unit 5 (single storey dwelling):

Complies with building envelope

 

Units 1, 2, 3 and 4 (two storey dwellings):

Max. 7.7m

Unit 5 (single storey dwellings): 6m

 

Max. 0.5m (north eastern corner of U1)

 

Front dwellings:

Rearmost villa:

22° - 28°

 

 

 

Front walls are appropriately articulated by the use of wall offsets and balcony and have a straight length of less than 6m

 

 

2 storeys for front dwellings (U1, 2, 3 and 4)

 

1 storey for the rear most villa (U5)

Yes

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

Yes

 

4.3.2.5 Building Setbacks

Front Setback

 

 

Side Setbacks

 

 

 

Rear Setback

 

 

Min. 4.5m to front wall of dwelling

 

Min. 2m (front site)

 

Min. 1.35m (rear site)

 

Building Envelope:

45 degrees from a height of 1.5m (single storey dwellings)

 

 

Unit 1 (front) = 4.5m-4.56m

 

4m (West) – 4m (East)

4m

 

 

1.5m rear setback and complies with building envelope

 

 

Yes

 

 

Yes

 

 

 

Yes

4.3.2.6 Car Parking and Access

3 bedrooms or more:

2 spaces

 

1 or 2 bedroom – 1 space (2 units) = 2

 

Visitor parking -

4 dwellings or more:

1 space per 4 dwellings or part thereof

 

Driveway:

- Min. 1.5m setback from windows to main habitable rooms of dwellings (does not apply if the floor level of the dwelling is at least 1m above the driveway)

 

- Site width > 20m: Driveways must not occupy more than 33% of the width of the site

 

- Garages must not extend further towards the front boundary than the front wall

Units 1 and 2 (4 beds): 2 spaces each

 

Units 3, 4 and 5 (2 beds):

1 space each

 

1 visitor car space provided

 

 

 

Main living area (family room) to each dwelling is located away from the common driveway

 

 

 

Driveway width of 5.5m/27.3% of the frontage

 

All garages are located behind the building line and not visible from the street

Yes

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

Yes

4.3.2.7 Privacy

Visual privacy:

- Habitable room windows to be offset 1m from the edge of the opposite window, or

- Be screened or oriented to ensure the visual privacy

 

Acoustic privacy:

Min. 3m separation for windows (development site and adjoining properties)

 

Site layout:

Active recreational areas, parking areas, vehicle accessways and service equipment areas must be separate from bedroom areas of adjoining dwellings

 

Yes - conditioned to require obscured glazing for the ground floor windows on western elevation

 

Complies - all windows of dwellings have  a minimum setback of 3m

 

Complies

 

Yes (by condition)

 

 

 

 

Yes

 

 

 

 

Yes

4.3.2.8 Solar Design and Energy Efficiency

Comply with Section 3.5 Energy Efficiency and BASIX

 

Minimise overshadowing of neighbouring private open spaces or windows to habitable rooms

 

Adequate sunlight for rooms generally used during the daytime

 

North facing rooms receive maximum solar access (in multiple dwelling development, the dwellings are encouraged to have a north-facing room capable of being used as a living area)

 

Subject and adjoining lots receive 3hrs solar access between 9am and 3pm on mid winter equinox

Yes

 

 

Adequate building separation from side boundaries (dwellings are placed along the symmetrical line/spine of the site)

 

 

 

Northern facing windows to main living areas for front dwelling and eastern and western facing windows to living areas in other dwellings

 

Complies

Yes

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

4.3.2.9 Fences at the Front Boundary

 

Principal private open space of any new dwelling must be located behind the front building line

No private open space forward of building line

Yes

4.3.2.10 Landscape

Site = 1116sqm

 

Landscaped area:

Min. 20% (223.2sqm)/min. width of 2m

 

Landscaping in front of buildings (front setback area) shall provide a suitable visual screen or softening function for the development

 

 

238.1sqm (21.3%)

 

 

 

Yes - small shrubs and medium sized trees used for screening

 

 

Yes

 

 

 

Yes

4.3.2.11 Private Open Space

3 bedrooms or more:

- Min. 60sqm

- 3m in all directions

 

1 or 2 bedrooms:

- Min. 50sqm

- 3m in all directions

 

- Principal private open space

3 bedrooms or more:

4m x 6m, max. grade of 1 in 20 and must be accessible from main living area

 

1 or 2 bedrooms:

4m x 4m, max. grade of 1 in 20 and must be accessible from main living area

(Min. 3m width)

U1 = 60sqm

U2 = 60sqm

(Min. 3m width)

U3 = 50sqm

U4 = 50sqm

U5 = 50sqm

 

(Min. 4m width, less than 1 in 20 grade and accessible from main living area)

U1 = Min. 4m x 6m

U2 = Min. 4m x 6m

 

 

U3 = Min. 4m x 4m

U4 = Min. 4m x 4m

U5 = Min. 4m x 4m

Yes

 

 

 

 

 

 

 

Yes

4.3.2.12 Site Services

Master TV antenna must be provided for any development of more than two dwellings

 

Storage:

6cubic metres per dwelling

 

Communal outdoor clothes drying facilities:

To be visually screened from the street

Can be provided

 

 

 

Min. 6 cubic metres per dwelling

 

In the rear yard of each dwelling and screened from the street

Yes

4.3.2.13 Stormwater Drainage

Gravity drainage is preferred however alternative solutions may be considered in accordance with this section of the DCP during the assessment process

Council’s Team Leader – Subdivision and Development has raised no objection, subject to the deferred commencement and drainage conditions attached to the recommendation

Yes (by condition)

 

PROPOSED AMENDMENT TO DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS – Minimum Site Area per Dwelling Unit

Council is currently exhibiting amendments to this Development Control Plan principally a minimum site area control of 315sqm per multiple dwelling unit. This will only come into operation when adopted by Council and has no affect on the development application subject to this report.

 

4.      Impacts

 

Natural Environment

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 Council’s planning controls, subject to the conditions included in this report.

 

In respect to streetscape, the proposed dwellings are considered acceptable as it incorporates variable architectural treatments on the façade of the front most dwelling and provides sufficient landscaping within the front setback to soften the visual impact on the streetscape.

 

In terms of overshadowing, the proposal would allow a minimum of 3hrs to private open space and windows to habitable rooms on the adjoining properties as required under Development Control Plan No 1 – LGA Wide.

 

Accordingly, it is unlikely that the proposal will have an adverse impact on the built environment.

 

Social Impact

The proposal is for residential purpose and will not have any adverse social impact.

            

Economic Impact

The proposal is for residential purposes and no adverse economic impact is envisaged.

 

Suitability of the Site

The proposed development is considered suitable for the subject site for the reasons contained within the report.

 

5.      REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

The subject application was notified/advertised to forty six (46) adjoining residents and owner for fourteen (14) days in which to view the plans and submit any comments on the proposal. Two (2) submissions and a petition containing three (3) signatures were received in relation to this application and raised the following concerns.

 

Overdevelopment - excessive bulk and scale and loss of significant trees or vegetation

A concern was raised in relation to bulk and scale of the proposed development without any specific details.

 

Comment: The proposed development complies with Council’s Local Environmental Plan standards and Development Control Plan No 1, particularly with the maximum FSR, building heights and building envelope controls and the proposal provides sufficient landscaped areas throughout the site.

 

Potential traffic issues

Concerns were raised in relation to a potential traffic issues by the proposal, particularly in regards to:

 

·    “Inadequate parking, vehicular or service access (loading and unloading).

·    Traffic movement, safety and sightline of vehicles in Cairns Street and possible traffic conflicts.

·    Narrow width of Cairns Street to cater for additional vehicles in Cairns Street.

·    Large commercial vehicles in and out of the development site during construction.”

 

Comment: The proposal provides sufficient car parking within the site and complies with Council’s controls and a 3.5m wide driveway with a passing bay is proposed to reduce traffic conflicts in front of the site. Also the proposal is not required to provide loading/unloading area as it is only for residential use.

 

There is no change to the overall width of the street and hence the proposal will have minimal impact on the availability access to existing and future traffic in the street.

 

Potential amenity impacts

Concerns and questions were raised in relation to a potential amenity impact by the proposal, particularly in regards to:

 

·    “Noise from the medium density development.

·    Unsightly on bin collection days, as the proposed dwellings require more bins that will be lined up in front of the site.

·    No provision for greenery which will affect the neighbour’s outlook over the Menai Valley (approx. 15km away from the site).

·    “How the building works will protect the environment due to possible asbestos in the house?”.

·    Loss of afternoon sunlight.”

 

Comment: The proposed dwellings are located along the symmetrical line/spine of the site and have sufficient acoustic buffer with building separation/setback. The general use and associated noise from the dwellings would not be significant and would be reasonable. Also the proposal is unlikely to detrimentally impact on the neighbours by the increased number of bins and outlook to the Menai Valley, which is located approximately 15km away from the subject site.

 

In regard to the removal of asbestos, the recommendation of this report includes standard conditions requiring notification for demolition, asbestos removal in accordance with WorkCover requirements, and compliance with the submitted site management and waste management plan during demolition. These conditions will address any potential issues that may arise during demolition.

 

The private open space and side windows of the western neighbour’s property will be overshadowed by the proposal (especially in the afternoon during mid winter) due to the site orientation, however the impact by the proposal is considered to be minimal. Also the proposal will still satisfy the Development Control Plan requirements by providing a minimum 3 hours of morning sunlight to this neighbour’s property and having a greater setback of 4m from the common boundary.

 

As such the proposed development is unlikely to have any detrimental amenity impact on neighbouring properties and is considered acceptable as outlined above.

 

Council Referrals

Team Leader – Subdivision and Development

Council’s Team Leader Subdivision and Development has considered the proposal and advised that the proposal may be considered for approval subject to the deferred commencement conditions for a drainage easement and drainage conditions attached to the determination.

 

Tree Management Officer

Council’s Tree Management Officer has raised no objection to the application subject to the implementation of the landscape plan and retention and protection of one (1) x street tree, Tallowwood and one (1) x neighbour’s Lemon scented gum near the eastern common boundary.

 

6.      CONCLUSION

The proposal have been assessed under Section 79C Matters for Consideration under the Environmental Planning and Assessment Act 1979 (as amended) and considered to adequately satisfy the intent of the applicable planning controls as detailed within this report.

 

Three (3) submissions were received in relation to the proposal. These submissions have been discussed and addressed in the report.

 

The bulk and scale of the development complies with Council’s current controls and the proposal is considered to be consistent with the future desired character of the area, as the proposal achieves full compliance with Council’s planning controls.

 

Accordingly the application is recommended for deferred commencement approval subject to conditions of consent.

 

DETERMINATION

THAT pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred commencement consent to Development Application DA2014/0164 for the demolition of existing structures and construction of a multiple dwelling development comprising five (5) dwellings on Lot 171 DP 1939 and known as 63 Cairns Street Riverwood, subject to the following:

 

The Development Application described above has been determined by the granting of a Deferred Commencement Consent subject to the conditions specified in this notice.

 

This Development Application is a Deferred Commencement Consent under Section 80(3) of the Environmental Planning and Assessment Act (as amended) 1979.  Strict compliance is required with all conditions appearing in Schedule 1 within twelve (12) months from the Determination Date of this consent.  Upon confirmation in writing from Hurstville City Council that the Schedule 1 Conditions have been satisfied, the consent shall commence to operate as a Development Consent for a period of five (5) years from the Determination Date of this consent.

 

Schedule 1

 

A.        DEF1001 – Deferred Commencement Condition – Registration of Stormwater Easement - The person with the benefit of the consent must acquire an Easement to Drain Water of 1 metre (minimum) width.  The easement must allow for a piped, gravity fed system of drainage of stormwater from the land the subject of this consent with direct, underground connection to Council's stormwater system in Eldon Street.

 

The consent is not to operate until evidence of registration of the easement to drain water benefiting the land the subject of this consent and burdening the title of each such other property/ies is provided to Council.

 

B.        DEF1002 – Deferred Commencement Condition - The person with the benefit of the consent must obtain separate Development Consent for all drainage works to be carried out within the Easement to Drain Water.  The written consent of each of the owners of the property/ies burdened by the Easement will be required for each development application to carry out the drainage works on the burdened lot/s.

 

The consent is not to operate until development consent is obtained for the whole of the drainage works within the Easement(s) to drain water.

 

Documentary evidence as requested or the above information must be submitted within 12 months of the granting of this deferred commencement consent.  Commencement of the approval cannot commence until written approval of the submitted information has been given by Council.

 

Subject to A and B above being satisfied, a development consent be issued subject to the following conditions:

 

Schedule 2

 

DEVELOPMENT CONSENT is granted to the Development Application described above, subject to the conditions in Schedules A, B and C.

 

Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

 

Right of Review – If you are dissatisfied with this decision, you may request a review of the determination under Section 82A of the Environmental Planning and Assessment Act 1979. A request for review and the decision by Council of that request must be made within six (6) months of the date of this Notice of Determination and be accompanied by the relevant fee. You must ensure that an application for review of determination gives Council a reasonable period in which to review its decision having regard to the relevant issues and complexity of the application (Section 82A is not applicable to Integrated or Designated Development).

 

Right of Appeal – Alternatively, Section 97 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the NSW Land and Environment Court within six (6) months of the endorsement date on this notice.

 

Schedule A – Site Specific Conditions

 

GENERAL CONDITIONS

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

DA000

3 May 14

Perspectives and Location Map

B

Virtual Y Designs

DA001

3 May 14

Site Plan and Analysis

B

Virtual Y Designs

DA100

3 May 14

Ground Floor Plans

B

Virtual Y Designs

DA101

3 May 14

First Floor Plans

B

Virtual Y Designs

DA102

3 May 14

Roof Plan

B

Virtual Y Designs

DA201

3 May 14

Elevations

B

Virtual Y Designs

DA301

3 May 14

Sections

B

Virtual Y Designs

DA500

3 May 14

Demolition Plan and Site Management Plan

B

Virtual Y Designs

--

Received: 31 Mar 14

Schedule of Colours and Finishes

--

Virtual Y Designs

--

Received: 31 Mar 14

Waste Management Plan

--

Virtual Y Designs

1 of 1

20 Mar 14

Landscape Concept

--

Monaco Designs Pty Ltd

131021

8 Nov 13

Survey Plan

--

Benchmark Surveys Pty Ltd

 

2.         GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

 

   (a)     Fees to be paid to Council:

 

Schedule of fees, bonds and contributions

Fee Type

Paid

Amount

Receipt Date

Receipt No

Development Application Fee

X

$2,033.40

28 Mar 14

2015301

Plan First Fee

X

$686.63

28 Mar 14

2015301

Notification Fee

X

$226.00

28 Mar 14

2015301

DA Advertising Fee

X

$1,105.00

28 Mar 14

2015301

Company Search Fee

X

$20.00

28 Mar 14

2015301

Long Service Levy

X

$3,755.00

28 Mar 14

2015301

Builders Damage Deposit

 

$1,500.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$130.00

 

 

S94 Residential (Community Facilities)

 

$7,685.68

 

 

S94 Residential (Open Space, Recreation, Public Domain)

 

$54,341.48

 

 

 

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

 

PCA Services Fee

 

$2,220.54

 

 

Construction Certificate Application Fee

 

$2,220.54

 

 

Construction Certificate Imaging Fee

 

$229.00

 

 

 

Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

3.         GEN1003 - Section 94 Contributions - Residential Development (Community Facilities and Open Space, Recreation, Public Domain)

 

a. Amount of Contribution

Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 (as amended) and Hurstville Section 94 Development Contributions Plan 2012 the following contributions towards the cost of providing facilities shall be paid to Council:

 

Contribution Category                                                            Amount

 

Community Facilities                                                                  $7,685.68

 

Open Space, Recreation and Public Domain Facilities        $54,341.48

 

Total:                                                                                           $62,027.16

 

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  NSW  2220) or viewed on Council’s website <http://www.hurstville.nsw.gov.au/Strategic-Planning.html>.

 

4.         GEN1014 - Long Service Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

 

5.         GEN1016 - Damage Deposit - Major Works - In order to insure against damage to Council property the following is required:

 

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,500.00.

 

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $130.00.

 

(c)  At the completion of work Council will:

 

(i)         review the dilapidation report prepared prior to the commencement works;

(ii)        review the dilapidation report prepared after the completion of works;

(iii)       Review the Works-As-Executed Drawings (if applicable); and

(iv)       inspect the public works.

 

The damage deposit will be refunded in full upon completion of work where no damage occurs and where Council is satisfied with the completion of works. Alternatively, the damage deposit will be forfeited or partly refunded based on the damage incurred.

 

(d) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

 

(e) Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

 

6.         APR6001 - Engineering - Section 138 Roads Act and Section 68 Local Government Act 1993

 

Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

 

A separate approval is required to be lodged and approved under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath):

 

(a) Placing or storing materials or equipment;

(b) Placing or storing waste containers or skip bins;

(c)  Erecting a structure or carrying out work

(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f)   Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h)  Establishing a “works zone”;

(i)   Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j)   Stormwater and ancillary works in the road reserve; and

(k)  Stormwater and ancillary to public infrastructure on private land

(l)   If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

 

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

 

The relevant Application Forms for these activities can be downloaded from Hurstville City Council’s website at: www.hurstville.nsw.gov.au

 

For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

 

7.         APR6003 - Engineering - Vehicular Crossing - Major Development - The following vehicular crossing and road frontage works will be required to facilitate access to and from the proposed development site:

 

(a)     Construct a 150mm thick concrete vehicular crossing reinforced with F72 fabric in accordance with Council’s Specifications for vehicular crossings.

 

(b)     Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.  The work shall be carried out by a private contractor, subject to Council approval.

 

Constructing a vehicular crossing and/or footpath requires separate approval under Section 138 of the Roads Act 1993, prior to the issue of the Construction Certificate. 

 

To apply for approval:

 

(a) Complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Hurstville Council’s Website at: www.hurstville.nsw.gov.au

 

(b) In the Application Form, quote the Development Consent No. (eg. 2012/DA-****) and reference this condition number (e.g. Condition 23)

 

(c)  Lodge the application form, together with the associated fees at Council’s Customer Service Centre, during business hours.  Refer to Section P1 and P2, in Council’s adopted Fees and Charges for the administrative and inspection charges associated with Vehicular Crossing applications.

 

Please note, that an approval for a new or modified vehicular crossing will contain the approved access and/or alignment levels which will be required to construct the crossing and/or footpath. Once approved, all work shall be carried out by a private contractor in accordance with Council’s Specification for Vehicular Crossings and Associated Works prior to the issue of the Occupation Certificate.

 

8.         APR6004 - Engineering - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Maritime Services, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road

 

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.

 

9.         GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Plumbing, Building and Developing section of Sydney Water’s website to locate a Water Servicing Coordinator in your area. Visit: www.sydneywater.com.au

 

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.

 

10.       GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation 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.

 

11.       CC2006 - Development Assessment - Window Privacy - The sill height of the ground floor windows on the western elevation of Units 2, 3 and 4  are to be increased to be a minimum height of 1.5m above floor level, or alternatively, the window/s are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below 1.5m above floor level.

 

12.       CC3018 - Development Engineering - Existing Sewer Main - Council’s records indicate that a sewer main passes through the site. The requirements of Sydney Water shall be satisfied for the construction of the proposed building over/adjacent to this sewer main.

 

13.       CC8004 - Waste - Waste Storage Containers - Villa Units, Town Houses, etc (Residential Development) - The following waste and recycling facilities will be required:-

 

Domestic Waste:-  5 x 240 litre Mobile Garbage Bins (MGB’s);

Domestic Recycling:- 5 x 240 litre MGB’s

Garden Organics:- 5 x 240 LITRE MGB’s.

 

All waste, recycling and garden organics containers shall be stored within the open space confines of each individual allotment.

 

14.       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)

(c)  all clean water run-off is diverted around cleared or exposed areas

(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.

 

15.       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.

 

16.       CC2003 - Development Assessment -Construction Site Management Plan - Major Development - A Site Management Plan must be submitted with the application for the Construction Certificate, and must include the following measures:

 

·    location of protective site fencing;

·    location of site storage areas/sheds/equipment;

·    location of building materials for construction, e.g. stockpiles

·    provisions for public safety;

·    dust control measures;

·    method used to provide site access location and materials used;

·    details of methods of disposal of demolition materials;

·    method used to provide protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/skip bins;

·    details of proposed sediment and erosion control measures;

·    method used to provide construction noise and vibration management;

·    construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any works including demolition and excavation.  The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity.  A copy of the Site Management Plan must be retained on site and is to be made available upon request.

 

17.       CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 534561M dated 22 March 2014, approved with the Development Consent DA2014/0164, must be implemented on the plans lodged with the application for the Construction Certificate.

 

18.       CC3001 - Development Engineering - Stormwater System - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

         

All stormwater shall drain by gravity to the easement to drain water in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

19.       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.

 

20.       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

 

21.       CC5002 - Trees - Tree Protection and Retention - The trees numbered 1 and 6 shall be retained and protected in accordance with the recommendations detailed in the Arboricultural Assessment Report prepared by Tree and Landscape Consultants, TALC (dated 16 April 2014).

 

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.

 

22.       CC5003 - Trees - Tree Removal and Replacement - Private Land - Permission is granted for the removal of the trees numbered 2, 3, 4, 5, 7, 8, 9 and 10 in the Arboricultural Assessment Report prepared by Tree and Landscape Consultants, TALC (dated 16 April 2014).

 

Six (6) trees selected from the list of suitable species in the Hurstville City Council’s Tree Removal and Pruning Guidelines must be replanted within the boundaries of the subject site. Trees are to be replanted a minimum of 3m away from any driveway, building or structure.

 

A copy of Hurstville Council’s Tree Removal and Pruning Guidelines, can be downloaded from Council’s website www.hurstville.nsw/Residents/Tree Management.

 

23.       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).

 

24.       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

(c)   slabs

(d)  columns

(e)  structural steel

(f)    reinforced building elements

(g)  retaining walls

(h)   stabilizing works

(i)    structural framework

 

25.       CC8001 - Waste - Waste Management Plan - A Waste Management Plan incorporating all requirements in respect of the provision of waste storage facilities, removal of all materials from the site that are the result of site, clearing, extraction, and, or demolition works and the designated Waste Management Facility shall be submitted to the Principal Certifying Authority and copy provided to the Manager - Environmental Services, Hurstville City Council prior to the issue of any Construction Certificate.

 

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

 

26.       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.

 

27.       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

 

28.       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.

 

29.       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 Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.

 

(f)         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.

 

(g)        Other.

 

Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

 

DURING WORK

These conditions have been imposed to ensure that there is minimal impact on the adjoining development and surrounding locality during the construction phase of the development.

 

30.       CON3001 - Development Engineering - Physical connection of stormwater to site -No work is permitted to proceed above the ground floor slab level of the buildings until there is physical connection of the approved stormwater drainage system from the land the subject of this consent to Council's stormwater system in Eldon Street.

 

31.       CON2001 - Development Assessment - Hours of construction, demolition and building related work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A penalty infringement notice may be issued for any offence.

 

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

 

32.       CON2002 - Development Assessment - Ground levels and retaining walls - The ground levels of the site shall not be excavated, raised or filled, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

 

33.       CON5001 - Trees - Tree Removal on Private Land - The trees identified as ‘to be removed/pruned’ on the approved plans or by conditions of this consent shall be removed in accordance with AS4373 -2007 Pruning of Amenity Trees and the Trees Work Industry Code of Practice (WorkCover NSW, 1998).

 

34.       CON6002 - Engineering - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste or skip bins, or any other matter is not permitted unless separately approved by Council under Section 138 of the Roads Act and/or under Section 68 of the Local Government Act 1993. Penalty Infringement Notices may be issued for any offences and severe penalties apply.

 

35.       CON8001 - Waste - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the Principal Certifying Authority and a copy provided to the Manager Environmental Services, Hurstville City Council.

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

 

36.       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. 534561M dated 22 March 2014, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

 

37.       OCC2005 - Development Assessment - Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

 

38.       OCC2007 - Development Assessment - Allocation of car parking spaces - Car parking associated with the development is to be allocated as follows:

 

(a) Residential dwellings: Seven (7) spaces as per the approved plans

(b) Residential visitors: Two (2) spaces

(c)  Car wash bay: One (1) space which can be one of the visitor spaces

 

39.       OCC6002 - Engineering - Vehicular crossing and Frontage work - Major development - The following road frontage works shall be constructed in accordance with Council's, Specification for Vehicular Crossings and Associated Works together with the Vehicular Crossing Approval issued by Council’s Engineering Services Division:

 

(a)     Construct a 150mm thick concrete vehicular crossing reinforced with F72 fabric in accordance with Council’s Specifications for vehicular crossings.

 

(b)     Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.  The work shall be carried out by a private contractor, subject to Council approval.

 

A private contractor shall carry out the above work, at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

 

The driveway and road frontage works are to be completed before the issue of the Occupation Certificate.

 

ONGOING CONDITIONS

These conditions have been imposed to ensure that the use or operation of the development does not adversely impact on the amenity of the neighbourhood or environment.

 

40.       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.

 

41.       ONG3004 - Development Engineering - Conditions relating to future Strata Subdivision of Buildings

           

No approval is expressed or implied for the subdivision of the subject building(s).  For any future Strata subdivision, a separate Development Application or Complying Development Certificate shall be approved by Council or an Accredited Certifier.

 

Prior to the issue of any Strata Certificate of the subject building(s) the following conditions shall be satisfied:

 

(a)    Unit Numbering

Apartment type numbers shall be installed adjacent or to the front door of each unit.

The unit number shall coincide with the strata plan lot numbering.

 

(b)    Car Parking  Space Marking and Numbering

“Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces prior to the issue of any Strata Certificate.

 

(c)     Designation of Visitor Car Spaces on any Strata Plan

Any Visitor car spaces shall be designated on the final strata plan as "Visitor Parking - Common Property".

 

(d)     On Site Detention Requirements

The location any on-site detention facility shall be shown on the strata plan and suitably denoted.

 

(e)     Creation of Positive Covenant

A Positive Covenant shall be created over any on-site detention facility by an Instrument pursuant to Section 88B of the Conveyancing Act 1919, with the covenant including the following wording:

"It is the responsibility of the Owner's Corporation to keep the on-site detention facilities, together with any ancillary pumps, pipes, pits etc, clean at all times and maintained in an efficient working condition. The on-site detention facilities shall not be modified in any way without the prior approval of Hurstville City Council."

 

Hurstville City Council is to be nominated as the Authority to release, vary or modify this Covenant.

 

42.       ONG3005 - Development Engineering - Additional requirements for the issue of a Strata Certificate - In addition to the statutory requirements of the Strata Schemes (Freehold Development) Act 1973 a Strata Certificate must not be issued which would have the effect of:

 

(a) The removal of any areas of common property shown upon the approved Development Application plans and allocated to any one or more strata lots,

 

(b) The removal of any visitor parking spaces from the strata scheme and allocated to any one or more strata lots , or

 

(c)  Any unit’s parking space or storage area is not strata subdivided as separate strata lot.

 

(d) Under no circumstances shall any future Strata By-Laws be created to grant exclusive use of nominated Visitors Parking spaces to occupants/owners of units or tenancies within the building.

 

Note: This condition has been imposed to ensure that: (a) common property is not alienated from the strata scheme and assigned to any one or more strata lots, (b) visitor parking is not alienated from the strata scheme and assigned to any one or more strata lots such that visitors would be restricted from lawful access and use of required visitor parking, (c) parking spaces and storage areas are not strata subdivided as separate strata lots which may be sold with full strata title rights as a parking space or storage area lot, reducing available parking and storage to strata lots and visitors required to reduce demand for on-street public parking.

 

43.       ONG3006 - Development Engineering - Ongoing maintenance of the on-site detention system - The Owner(s) must in accordance with this condition and any positive covenant:

 

(a) Permit stormwater to be temporarily detained by the system;

 

(b) Keep the system clean and free of silt rubbish and debris;

 

(c) If the car park is used as a detention basin, a weather resistant sign must be maintained in a prominent position in the car park warning residents that periodic inundation of the car park may occur during heavy rain;

 

(d) Maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council;

 

(e) Carry out the matters referred to in paragraphs (b) and (c) at the Owners expense;

 

(f)   Not make any alterations to the system or elements thereof without prior consent in writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly;

 

(g) Permit the Council or its authorised agents from time to time upon giving reasonable notice (but at anytime and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant;

 

(h)  Comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice;

 

(i)   Where the Owner fails to comply with the Owner’s obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner’s cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations;

 

(j)   Indemnify the Council against all claims or actions and costs arising from those claims or actions which Council may suffer or incur in respect of the system and caused by an act or omission by the Owners in respect of the Owner’s obligations under this condition.

 

ADVICE

This advice has been included to provide additional information  and where available direct the applicant to additional sources of information based on the development type.

 

44.       ADV2003 - Development Assessment - Dividing Fences - The side and rear boundaries of the site must be fenced with either 1800mm high lapped, capped and stained paling fences or 1800 mm colourbond metal fencing. The associated costs and type of fence are to be by agreement with the adjoining property owners.

 

You must satisfy the requirements of the Dividing Fences Act before erecting any fencing on common boundaries. The Chamber Magistrate at the Local Court advises on the Dividing Fences Act, particularly for legal advice or disputes, and the Community Justice Centre can also assist with disputes.

 

45.       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 <http://www.workcover.nsw.gov.au>

 

Schedule B – Prescribed Conditions

 

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

 

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which prescribed conditions apply.

 

46.       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.

 

47.       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.

 

48.       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.

 

49.       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.

 

50.       PRES1007 - Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

 

Schedule C – Operational & Statutory Conditions

 

These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.

 

51.       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.

 

52.       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.

 

53.       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.

 

54.       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.

 

55.       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.

 

56.       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.

 

57.       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 63 Cairns Street Riverwood click here

 

 

 

APPENDICES

Appendix View1

Location map - 63 Cairns Street Riverwood

Appendix View2

Photo - front - 63 Cairns Street Riverwood

Appendix View3

Architectural plans - 63 Cairns Street Riverwood

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL118-14             63 Cairns Street Riverwood - Demolition of existing structures and construction of multiple dwelling development comprising five (5) dwellings

[Appendix 1]           Location map - 63 Cairns Street Riverwood


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL118-14             63 Cairns Street Riverwood - Demolition of existing structures and construction of multiple dwelling development comprising five (5) dwellings

[Appendix 2]           Photo - front - 63 Cairns Street Riverwood

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL118-14             63 Cairns Street Riverwood - Demolition of existing structures and construction of multiple dwelling development comprising five (5) dwellings

[Appendix 3]           Architectural plans - 63 Cairns Street Riverwood


 


 


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL119-14        Unit 1 159 Penshurst Street Beverly Hills - Alterations and use of premises as a place of public worship with associated signage 

Applicant

Sydney South Alliance Church

Proposal

Alterations and use of the premises as a place of public worship with associated signage

Owners

The Christian and Missionary Alliance of Australasia Property Trust

Report Author/s

Senior Development Assessment Officer, Ms P Bizimis

File

DA2013/0237

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone IN2 - Light Industrial

Existing Development

Industrial development containing eight (8) strata lots

Cost of Development

$170,000.00

Reason for Referral to Council

Variation to DCP1 and submissions received

Planning Instruments Applicable

Hurstville Local Environmental Plan 2012, State Environmental Planning Policy No 55 – Remediation of Land, Development Control Plan No 1 – LGA Wide – Section 2.2 Neighbour Notification , Section 3.1 Car Parking, Section 3.4 Crime Prevention through Environmental Design, Section 3.3 Access and Mobility, 3.9 Waste Management, Section 5.5 Food Premises, Section 5.7 Signage

Hurstville Local Environment Plan Interpretation of Use

Place of public worship

 

EXECUTIVE SUMMARY

1.         The application seeks approval for alterations to an existing industrial unit and use the premises as a place of public worship with associated signage.

2.         The proposed development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and complies except in the provision of onsite car parking spaces. The .applicant seeks a variation to the number of spaces to be provided for the development and has provided an alternative solution.

3.         The application was advertised and notified to fifty eight (58) owners/residents in accordance with Council’s requirements and seventeen (17) letters and one (1) petition containing one hundred (100) signatures were received in reply. The issues raised by the residents are detailed in the report.

4.         The application was deferred at the Council meeting of 19 March 2014 for a site inspection, scheduled for 15 April 2014, and for the applicant to provide further information. On 26 March 2014 the applicant submitted amended information whereby the number of seats in the place of worship is reduced to ninety (90). This is discussed in the report.

5.         The application was deferred at the Council meeting of 16 April 2014 ‘for one month to the second Council meeting in May 2014’. No additional information has been added to this report.

 

AUTHOR RECOMMENDATION

THAT the application be approved in accordance with the conditions stated in the report.

 

REPORT DETAIL

 

AMENDED INFORMATION

On 26 March 2014 the applicant submitted the following amended information:

“Subsequent to the Council meeting last Wednesday, the Church Building Committee revisited the compliance issues and confirmed that 9 car spaces are available at the present stage. In order to meet Council's car space requirements, we write to inform you that we would like to amend our DA to accommodate a maximum of 90 adults at peak Sunday services.

 

At present we have around 65 adults attending the Sunday service and the amended DA should provide ample room to meet our medium term expansion plan. As emphasised in the original DA submission, we will strictly implement management plan and traffic control plan to minimise any inconvenience it may cause to neighbour. Please be assured that our vision is to serve the local community. With this passion in mind, we will strive to make friend with neighbour in order to attract them to the Church. Kindly put this additional information to our original DA2013/0237.”

 

ASSESSMENT OF AMENDED INFORMATION

The report which was presented to the Council on 19 March 2014 detailed the proposed development’s non compliance with the car parking requirements as follows:

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING

The proposed use is defined as a “place of worship” under Development Control Plan No 1 for the purposes of calculating car parking spaces. The proposed development complies with the requirements of Development Control Plan No 1 as follows.

 

Section 3.1

Standard

Proposal

Complies

Place of Public Worship:

 

1 space per 10 seats (200 seats proposed)

or

1 space per 10sqm GFA (518sqm of GFA)

 

(whichever is greater)

 

 

20 spaces for 200 seats

 

52 spaces for GFA of 518sqm

9 (including proposed disability accessible car space). Eight (8) car spaces are allocated to the unit under the registered strata plan.

The applicant is proposing to use all forty two (42) car spaces available in the basement area.

No (1)

 

Based on the requirements of Development Control Plan No 1 fifty two (52) car parking spaces are to be provided on site for the proposed development. This is based on the gross floor area of the building which is 518sqm. If the onsite car parking was calculated on the number of seats, then twenty (20) car parking spaces is required for the two hundred (200) seats proposed.

 

The applicant has submitted that the number of seats should be used to determine the number of onsite car parking spaces as the major peak activity for each week is the Sunday Worship Service which will be located on the ground floor main hall and can accommodate two hundred (200) people.

 

It is considered that the number of seats can be used to calculate the number of onsite car parking spaces required for the proposed development. The other areas of the unit, such as the first floor meeting rooms and administration room are unlikely to be used during the Sunday Worship Service so to generate additional people on the site. In this regard, the requirement for twenty (20) onsite car spaces can be considered.

 

Unit 1 has eight (8) car spaces allocated to it on the registered strata plan. The Owner’s Corporation has granted approval for an accessible car space to be provided on what is currently common property, as there is no other practical location for an accessible car space on the site. As such, Unit 1 has nine (9) car spaces available to it.

 

The applicant has provided evidence from the Owner’s Corporation meeting and the owners of the other seven (7) units which gives permission for the basement level car parking area to be available and used by the applicant during the weekends. The basement level is locked during Sundays as the area is not used by the other units, as they generally do not operate on weekends and particularly on Sundays. As such the applicant has submitted that the proposed development has access to all forty two (42) car spaces located in the basement level (and one (1) accessible space on ground floor) to use during the peak activity time which is the Sunday Worship Service. At other times of operation, the nine (9) car spaces available to Unit 1 are sufficient to accommodate the staff of the place of worship and the small group activities.

 

It is considered that the availability of forty three (43) car spaces to Unit 1 during the peak time on Sunday will give parishioners access to onsite car parking spaces. This availability however cannot be guaranteed and is not a permanent long term solution. The applicant cannot guarantee that these car spaces will be available in the future particularly if the other units are sold or tenants change. The car spaces are registered on the strata plan to each unit and the Owner’s Corporation cannot enforce the use of all car parking spaces on site for Unit 1 only. Although the other units may not currently operate on weekends or particularly on Sundays, their car parking spaces may, in the future be required to be used, say for the parking of service vehicles such as plumbers vans, or sales rep cars that have to be parked securely.

 

In addition to this, the “exempt” requirements for change of use of premises under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allows for a potential change of use within the subject zone without development consent with the restricted hours of operation being between 7am and 7pm on any day. This allows a potential change of use of any of the units in the development without development consent and with operating hours on the weekends.

 

Should onsite parking spaces not be available for the proposed use, parishioners will have no alternative other than to park on the street. Although the on street parking is limited during the weekdays and up to 12.30pm on Saturdays, there is no restriction on Sundays. On street parking however, is limited and used by the customers of the shops and the residents of residential developments which are in close proximity to the subject site. As such it is likely that parishioners will use on street parking available in the streets around the subject site which are primarily zoned residential with residential development. This is likely to result in adverse impacts to the surrounding residential developments in terms of traffic generation and noise.

 

Notwithstanding the above, the application was referred to Council’s Senior Traffic Engineer who has provided the following comment:

“I have reviewed the application and the Traffic Section has no objection to the proposed Place of Worship. The applicant has presented a valid solution for meeting their parking requirements at peak times during Sunday Services.”

 

As detailed above, although the applicant has provided an alternative solution to onsite car parking it is not considered to be a long term or permanent solution to meeting the onsite car parking requirements of Development Control Plan No 1. As such, the application cannot be supported.”

 

In light of the amended information submitted by the applicant the car parking required under the provisions of Development Control Plan No 1 is assessed as follows.

 

Section 3.1

Standard

Proposal

Complies

Place of Public Worship:

 

1 space per 10 seats (90 seats proposed)

or

1 space per 10sqm GFA (518sqm of GFA)

 

(whichever is greater)

 

 

9 spaces for 90 seats

 

52 spaces for GFA of 518sqm

9 (including proposed disability accessible car space). Eight (8) car spaces are allocated to the unit under the registered strata plan.

The applicant is proposing to use all forty two (42) car spaces available in the basement area.

No (1)

 

The applicant has amended the proposed place of worship to provide maximum ninety (90) seats. If the onsite car parking spaces were calculated on the number of seats, the proposed development complies with the car parking requirements of Development Control Plan No 1. This is on the provision that the new accessible car space located at the front of Unit 1 is allocated to this unit in the registered strata plan. It is also noted that the applicant would have the benefit of use of the other spaces in the basement level during the Sunday service as detailed in the original report.

 

As discussed in the original report for the development, the applicant has submitted that the number of seats should be used to determine the number of onsite car parking spaces as the major peak activity for each week is the Sunday Worship Service which will be located on the ground floor main hall.

 

It is considered that the number of seats can be used to calculate the number of onsite car parking spaces required for the proposed development. This is on the assumption that the other areas of the unit, such as the first floor meeting rooms and administration room are unlikely to be used during the Sunday Worship Service so to generate additional people on the site. In this regard, the requirement for nine (9) onsite car spaces can be considered for the maximum ninety (90) seats proposed. If this number of car spaces were to be accepted, any consent granted would have to restrict the use of other areas of the site during the peak Sunday Worship Service. That is, no other areas of the premises can be used during the Sunday service. On this basis the development can be supported.

 

Should the applicant seek to have more seats in the place of worship at a later stage, they would have to show that additional permanent parking spaces were provided for Unit 1 with these spaces being registered on the strata plan for Unit 1. In addition to this, any additional car spaces allocated to Unit 1 would have to not be to the detriment of the other units, such that the other units no longer comply with the car parking requirements of Development Control Plan No 1.

 

CONCLUSION

The application seeks approval to undertake alterations to an existing industrial unit and use the premises as a place of public worship with associated signage. The proposed development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and does not comply in the provision of onsite car parking spaces in that the number of onsite car parking spaces are calculated based on the number of seats and not the gross floor area of the development. The provision of onsite car parking spaces based on the number of seats can be supported on the provision that no other areas of the development are used during the peak Sunday service. Accordingly, the application can be supported subject to conditions of consent.

 

DETERMINATION

THAT pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants consent to development consent to Development Application No DA2013/0237 for alterations to an existing industrial unit and use of the premises as a place of public worship (with maximum 90 seats) with associated signage on Lot 1 SP 33162 and known as Unit 1/159 Penshurst Street Beverly Hills, subject to the following conditions:

 

Schedule A – Site Specific Conditions

 

GENERAL CONDITIONS

These conditions have been imposed to ensure that the development is carried out in accordance with the approved plans and to ensure that the appropriate fees and bonds are paid in relation to the development.

 

1.         GEN1001 - Approved Plans - The development must be implemented in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council’s approved stamp, except where marked up on the plans and/or amended by conditions of this consent:

 

Reference No.

Date

Description

Revision

Prepared by

DA-00, 01, 02, 03, 04, 05, 06, 07

Received 25 Feb 14

Title page,

Site plan,

Existing ground floor plan,

Existing mezzanine floor plan,

Existing basement car park,

Proposed ground floor plan,

Proposed mezzanine floor plan,

Proposed elevations and section

B

-

Project 3340

28 Nov 13

Noise emission assessment

 

Acoustic Dynamics Pty Ltd

 

2.         GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

(a)  Fees to be paid to Council:

 

Schedule of fees, bonds and contributions

Fee Type

Paid

Amount

Receipt Date

Receipt No

Development Application Fee

X

$680.00

31 Jul 13

2005445

Plan First Fee

X

$108.00

31 Jul 13

2005445

Notification Fee

X

$226.00

31 Jul 13

2005445

DA Advertising Fee

X

$1,105.00

31 Jul 13

2005445

Company Search Fee

X

$20.00

31 Jul 13

2005445

Long Service Levy

 

$595.00

 

 

Builders Damage Deposit

 

$1,500.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$130.00

 

 

 

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

 

PCA Services Fee

 

$975.00

 

 

Construction Certificate Application Fee

 

$975.00

 

 

Construction Certificate Imaging Fee

 

$103.00

 

 

 

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.         GEN1016 - Damage Deposit - Major Works - In order to insure against damage to Council property the following is required:

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,500.00.

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $130.00.

(c)  At the completion of work Council will:

(i)         review the dilapidation report prepared prior to the commencement works;

(ii)        review the dilapidation report prepared after the completion of works;

(iii)       Review the Works-As-Executed Drawings (if applicable); and

(iv)       inspect the public works.

The damage deposit will be refunded in full upon completion of work where no damage occurs and where Council is satisfied with the completion of works. Alternatively, the damage deposit will be forfeited or partly refunded based on the damage incurred.

(d) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

(e) Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

 

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;

(c)  Erecting a structure or carrying out work

(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f)   Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h)  Establishing a “works zone”;

(i)   Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j)   Stormwater and ancillary works in the road reserve; and

(k)  Stormwater and ancillary to public infrastructure on private land

(l)   If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

 

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

 

The relevant Application Forms for these activities can be downloaded from Hurstville City Council’s website at www.hurstville.nsw.gov.au/Forms

For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

 

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

These conditions have been imposed by other NSW Government agencies either through their role as referral bodies, concurrence authorities or by issuing General Terms of Approval under the Integrated provisions of the Environmental Planning and Assessment Act 1979.

 

6.         GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Plumbing, Building and Developing section of Sydney Water’s website to locate a Water Servicing Coordinator in your area. Visit: www.sydneywater.com.au

 

A "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

 

The “Notice of Requirements” must be submitted prior to the commencement of work.

 

7.         GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

 

8.         GOV1006 - Sydney Water - Trade Waste Agreements - A Trade Waste Agreement with Sydney Water may be required. Details of any work required to comply with the agreement must be detailed on the plans lodged with the Construction Certificate. If no trade waste agreement or grease trap is required, a letter from Sydney Water to this effect must be submitted with the application for the Construction Certificate.

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

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.         CC7001 - Council as PCA - Plans required to demonstrate compliance with 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)      Access and Egress provisions including the operations of exit doors in accordance with Part D.

b)      Access and sanitary facilities for persons with disabilities in accordance with Part D3 and Part F2 as well as AS1428.1.

c)      The protection of openings in accordance with Clause C3.2.

d)      Sprinkler protection of the basement car parking area in accordance with Clause E1.5 and AS2118.1.

e)      Fire services and equipment of Part E including emergency lights, exit signs, etc.

f)       Smoke hazard management system must be installed throughout Unit 1 and the basement parking area in accordance with Table E2.2a of Part E2

g)      The mezzanine and its supports shall comply with Clause 2.6 of Specification C1.1.

h)      The baptism pool is to be fitted with a cover to meet the requirements of Clause 9 of the Swimming Pool Regulations 2008.

 

10.       CC7008 - Building - Access for Persons with a Disability - Access to and throughout the premises and sanitary facilities for persons with disabilities must be provided in accordance with the requirements of the Premises Standards, the Building Code of Australia, and AS 1428.1. Details must be submitted with the Construction Certificate Application.

 

11.       CC7016 - Building - Partial conformity with the BCA - Clause 93 and 94 EP&A Regulation 2000 - Pursuant to Clause 94 of the Environmental Planning and Assessment Regulation 2000, the existing building must be brought into partial conformity with the Building Code of Australia in respect to the provisions of:

a)     Access and egress from the building - Section D.

b)     Fire separation between existing tenancies/units - Section C.

c)      Fire safety services and equipment - Section E.

d)     Protection to openings that stand less than 3 metres from the boundary or fire source feature - Section C.

 

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.

 

12.       CC7002 - Building - Fire Safety Measures prior to Construction Certificate - Prior to the issue of a Construction Certificate a list of the essential fire safety measures that are to be provided in relation to the land and any building on the land as a consequence of the building work must accompany an application for a construction certificate, which is required to be submitted to either Council or a Certifying Authority. Such list must also specify the minimum standard of performance for each essential fire safety measure included in the list. The Council or Certifying Authority will then issue a Fire Safety Schedule for the building.

 

13.       CC7011 - Building - Slip Resistance- Commercial, Retail and Residential Developments - All pedestrian surfaces in areas such as foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in the wet rooms and surrounds to the Baptist Pool must have slip resistance classifications, as determined using test methods in either wet or dry conditions, appropriate to their gradient and exposure to wetting.  The classifications of the new pedestrian surface materials, in wet or dry conditions, must comply with AS/NZS4586:2004 - Slip Resistance Classifications of New Pedestrian Materials and must be detailed on the plans lodged with the application for the Construction Certificate. Details of compliance must be submitted with the application for the Occupation Certificate.

 

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

 

14.       PREC7002 - Building - Utility Arrangements - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the developer’s expense.

 

DURING WORK

These conditions have been imposed to ensure that there is minimal impact on the adjoining development and surrounding locality during the construction phase of the development.

 

15.       CON2001 - Development Assessment - Hours of construction, demolition and building related work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A penalty infringement notice may be issued for any offence.

 

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

 

16.       CON6002 - Engineering - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste or skip bins, or any other matter is not permitted unless separately approved by Council under Section 138 of the Roads Act and/or under Section 68 of the Local Government Act 1993. Penalty Infringement Notices may be issued for any offences and severe penalties apply.

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

 

17.       OCC7001 - Building - Fire Safety Certificate before Occupation or Use - In accordance with Clause 153 of the Environmental Planning and Assessment Regulation 2000 (the Regulation), on completion of building works and prior to the issue of an Occupation Certificate, the owner must cause the issue of a Final Fire Safety Certificate in accordance with Clause 170 of the Regulation. The Fire Safety Certificate must be in the form required by Clause 174 of the Regulation. In addition, each essential fire or other safety measure implemented in the building or on the land on which the building is situated, such a Certificate must state:

(a) That the measure has been assessed by a person (chosen by the owner of the building) who is properly qualified to do so.

(b) That as at the date of the assessment the measure was found to be capable of functioning at a standard not less than that required by the attached Schedule.

 

A copy of the certificate is to be given (by the owner) to the Commissioner of  Fire and Rescue NSW and a further copy is to be displayed in a frame and fixed to a wall inside the building's main entrance.

 

18.       OCC2007 - Development Assessment - Allocation of car parking spaces - Car parking associated with the development is to be allocated as follows:

(a) Nine (9) car spaces as per the approved plan. This will require the newly accessible car space located at the front of Unit 1 to be registered on the strata plan. The registration of the car space is to be completed prior to the issue of the Occupation Certificate.

 

19.       OCC7003 - Building - Site for maximum number of seating - A sign must be displayed in a prominent position in the building stating that the maximum number of seating for persons that are permitted in the building shall not exceed ninety (90) persons.

 

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.

 

20.       ONG2002 - Development Assessment - Hours of operation - The approved hours of operation shall be restricted to the following:

§ Church office and administration – Monday to Saturday 10.00am – 5.00pm

§ Small church group activities - Monday to Saturday 9.00am – 10.00pm

§ Sunday service and church activities - Sunday 9.00am - 10.00pm

 

21.       During the Sunday Worship Service, the main hall is to be used only with no other areas within the building being used to conduct separate/additional meeting or gatherings.

 

22.       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).

 

23.       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.

 

24.       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.

 

25.       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.

 

26.       ONG4049 - Noise - Restricted use - There shall be no live bands permitted in the proposed development at any time.  There shall be no amplified music or speakers permitted to be installed on the outside parameter of the building.

 

27.       ONG4050 - Use of sound system - The use of any sound system must not give rise to offensive noise as defined under the Protection of the Environmental Operations Act 1997 (as amended) and shall comply with the NSW Industrial Noise Policy published by the Environment Protection Authority.  Within three (3) months from the issue of an occupation certificate, an acoustical assessment is to be carried out by a qualified acoustic engineer in accordance with the EPA's Industrial Noise Policy and submit to Council for consideration.  This report should include but not be limited to details verifying that the noise control measures as recommended in the acoustic report prepared by Acoustic Dynamics Pty Ltd dated 28 November 2013 are effective in attenuating noise to an acceptable noise level and the use of the premises does not give rise to "offensive noise" as defined under the provision of the Protection of the Environment Operations Act 1997 (as amended). 

 

28.       ONG4051 - Food - Restricted use - The proposed food preparation areas shall not be used for the purpose of "selling" food as defined under the Food Act 2003 (as amended).  

 

29.       ONG7004 - Building - Noise levels emitted from any plant, machinery, mechanical exhaust system or any outdoor air conditioning unit must not exceed the background noise level in any octave band when measured at any point on the boundary of the site.

 

30.       ONG7002 - Building - Annual Fire Safety Statement - In accordance with Clause 177 of the Environmental Planning and Assessment Regulation, 2000 the owner of the building premises must cause the Council to be given an annual fire safety statement in relation to each essential fire safety measure implemented in the building. The annual fire safety statement must be given:   

(a)       Within twelve (12) months after the date on which the fire safety certificate was received.

(b)       Subsequent annual fire safety statements are to be given within twelve (12) months after the last such statement was given.

(c)        An annual fire safety statement is to be given in or to the effect of Clause 181 of the Environmental Planning and Assessment Regulation, 2000.

(d)       A copy of the statement is to be given to the Commissioner of Fire and Rescue NSW, and a further copy is to be prominently displayed in the building.

 

31.       CC8007 - 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,

(c)  Office – 0.01-0.03 cubic metres per 100 square metres of floor area per day.

 

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.

 

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

 

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.

 

33.       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.

 

34.       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.

 

35.       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.

 

36.       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.

 

37.       PRES1005 - Clause 98C- Entertainment Venues - Schedule 3A of the Environmental Planning and Assessment Act 1979 outlines the prescribed conditions which apply to Entertainment Venues.

 

38.       PRES1006 - Clause 98D – Erection of sign for maximum number of persons - This prescribed condition applies to entertainment venues, function centres, pubs, registered clubs and restaurants.  This condition requires the erection of a sign which states the maximum number of persons (as specified in the consent) that are permitted in the building.

 

39.       PRES1007 - Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

 

Schedule C – Operational & Statutory Conditions

 

These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.

 

40.       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.

 

41.       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.

 

42.       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.

 

43.       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.

 

44.       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.

 

45.       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.

 

46.       OPER1009 - Occupation Certificate - A person must not commence occupation or use of the whole or any part of a new building unless an Occupation Certificate has been issued in relation to the building or part.

 

Only the Principal Certifying Authority appointed for the building work can issue the Occupation Certificate.

 

An Occupation Certificate Application Form is attached for your convenience.

 

If you need more information, please contact the Senior Development Assessment Officer, below on 9330-6222 during normal office hours.

 

For videos relating to 1/159 Penshurst St Beverly Hills click here

 

 

APPENDICES

Appendix View1

Location plan of 159 Penshurst Street Beverly Hills

Appendix View2

Site photo of Unit 1/159 Penshurst St Beverly Hills

Appendix View3

Revised Site Plan and Site Analysis Plan - Unit 1 / 159 Penshurst St Beverly Hills

Appendix View4

Revised Elevations and Section Proposed - Unit 1 / 159 Penshurst St Beverly Hills

Appendix 5

Company extract - owner - 1/159 Penshurst Street Beverly Hills (Confidential)

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL119-14             Unit 1 159 Penshurst Street Beverly Hills - Alterations and use of premises as a place of public worship with associated signage

[Appendix 1]           Location plan of 159 Penshurst Street Beverly Hills


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL119-14             Unit 1 159 Penshurst Street Beverly Hills - Alterations and use of premises as a place of public worship with associated signage

[Appendix 2]           Site photo of Unit 1/159 Penshurst St Beverly Hills

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL119-14             Unit 1 159 Penshurst Street Beverly Hills - Alterations and use of premises as a place of public worship with associated signage

[Appendix 3]           Revised Site Plan and Site Analysis Plan - Unit 1 / 159 Penshurst St Beverly Hills

PDF Creator


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL119-14             Unit 1 159 Penshurst Street Beverly Hills - Alterations and use of premises as a place of public worship with associated signage

[Appendix 4]           Revised Elevations and Section Proposed - Unit 1 / 159 Penshurst St Beverly Hills

PDF Creator


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL120-14        115 Penshurst Street Penshurst - Demolition of exsiting dwelling and structures and construction of new multiple dwelling development with strata subdivision 

Applicant

J and K Harb

Proposal

Demolition of exsiting dwelling/structures and construction of new multiple dwelling development with strata subdivision

Owners

W M Priestly

Report Author/s

Development Assessment Officer, Mr K Kim

File

DA2013/0325

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone R2 - Low Density Residential

Existing Development

Single storey dwelling house and outbuildings to rear

Cost of Development

$895,000.00

Reason for Referral to Council

One (1) submission and variation to DCP1

Planning Instruments Applicable

Hurstville Local Environmental Plan 2012, State Environmental Planning Policy No 55 – Remediation of Land, and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004,  Development Control Plan No 1 - LGA Wide - Section 3.1 Car Parking, Section 3.2 Subdivision, Section 3.4 Crime Prevention through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On-Site Detention (OSD) Requirements, Section 3.8 Fences Adjacent to Public Roads, Section 3.9 Waste Management, Section 3.11 Preservation of Trees and Vegetation, Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environment Plan Interpretation of Use

Multiple Dwelling Housing and Subdivision

 

EXECUTIVE SUMMARY

1.         The proposal seeks approval for the demolition of existing structures and construction of four (4) multiple dwellings and strata subdivision of land known as 115 Penshurst Street, Penshurst.

2.         The application was amended to retain a significant Lemon Scented Gum at the rear of the site.

3.         The proposal seeks a variation to the maximum height of excavation allowed for the single storey rear villa under Development Control Plan No 1.

4.         The application was advertised and notified to forty two (42) owners/occupiers in accordance with the provisions under Development Control Plan No 1. In response, one (1) submission was received.

5.         The application was deferred at the Council meeting of 7 May 2014 for a site inspection. The inspection was held on 14 May 2014.

 

AUTHOR RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

 

REPORT DETAIL

 

DESCRIPTION OF THE PROPOSAL

The proposal seeks approval for the demolition of existing structures and construction of four (4) multiple dwellings and strata subdivision of the subject site. In detail the proposal involves the following works:

 

Units 1, 2 and 3

These two (2) storey townhouses consist of three (3) bedrooms and double garage for each dwelling. A courtyard with a minimum area of 60sqm is provided to each townhouse adjoining the northern side boundary.

 

Unit 4

This single storey villa at the rear portion of the site consists of two (2) bedrooms within an attic, bedroom at ground floor and double garage. A courtyard with a minimum area of 115sqm is provided on the south western side of this dwelling.

 

Car parking

A visitor parking space is provided in between the two (2) rear dwellings with a turning area in front of the garage of the rear most dwelling (Unit 4). The overall aisle width in front of the rear most villa is 6.565m.

 

A Vehicle accessibility statement (prepared by Terrafic Pty Ltd, dated 1 April 2014, Ref 13150) was submitted with the application confirms that the development complies with the Australian Standards for dimensions of car spaces, car parking layout, circulation, access and egress.

 

Strata Subdivision

The application seeks permission to strata subdivide the development into four (4) strata allotments.

 

Amended plans

Initially the proposal was for five (5) multiple dwellings with removal all existing on-site trees, however it has been reduced to four (4) multiple dwellings to allow the retention of an existing on-site tree (one (1) x Corymbia citriodora - Lemon scented gum, numbered Tree 7 and located on the south eastern side of the rear most villa) as recommended by Council’s Tree Management section.

 

HISTORY

4 Oct 13                     Current development application lodged for proposed multiple dwellings (DA2013/0325)

18 Oct 13                   Application notified for fourteen (14) days

15 Nov 13                  Additional information sought from applicant

6 Dec 13                    Amended plans received

21 Feb 14                  Further amended plans received

5 Mar 14                     Council resolved to amend Development Control Plan No 1 introducing a minimum site area of 315sqm, hold workshop and that all multiple dwelling applications be referred to Council until the controls are determined

26 Mar 14                  Workshop on multiple dwellings held

1 Apr 14                     Applicant submits final amended plans

2 Apr 14                     Development Control Plan amendments endorsed for public exhibition

10 Apr 14                   Development Control Plan exhibition commended for twenty eight (28) days

 

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the south western side of Penshurst Street, Peakhurst with the nearest cross street being George Street to the south. The subject site is legally described as Lot 21, Section 3 in DP 3446 and is known as 115 Penshurst Street, Peakhurst.

 

The subject site is irregularly shaped, with a street frontage of 15.24m to the street frontage, average depth of 70.64m and a splayed western rear boundary of 21m. The subject site has a total site area of 1076.3sqm and has a fall from the western rear boundary to the street of approximately 2.72m. A sewer pipeline runs across the street frontage, which appears to be contained within the pedestrian footpath in front of the site.

 

There are nine (9) on-site trees scattered across the rear half of the site (two (2) x Bottlebrush numbered trees numbered 1 and 2 located in the mid-section of the site, three (3) x Jacaranda numbered 3, 4 and 9, one (1) x Blackwood numbered 5, one (1) x Carob numbered 6, one (1) x Flooded gum numbered 8 and one (1) x Corymbia citriodora – Lemon scented Gum numbered 7 to rear as shown on the submitted arborist reports prepared by Allied Tree Consultancy, dated 13 August 2013, addendum dated 29 November 2013 and a review of arborist reports prepared by The Arborist Network dated 20 January 2014). It is proposed to remove eight (8) of these on-site trees and retain one (1) x Corymbia citriodora – Lemon scented Gum numbered 7 to the south western rear corner of the site. Existing on the site is a single storey dwelling house with outbuildings.

 

The area surrounding the subject site is characterised by one (1) and two (2) storey residential developments including single dwelling houses and multiple dwelling developments.

 

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 objectives and 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

The proposal is defined as a multiple dwelling housing with subdivision. Multiple dwellings and subdivision are permissible in the zone

 

Objectives of 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 Multiple Dwelling Housing

LEP Lot size map:

Subject site is identified as “G” = no minimum site area

1076.3sqm (complies)

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

8.04m (complies)

4.4 – Floor Space Ratio

Site = 1076.3sqm

 

0.6:1 as identified on Floor Space Ratio Map

Proposed GFA = 433.1sqm

 

FSR = 0.4:1 (complies)

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP No 1 - Section 3.11 Preservation of Trees and Vegetation

Council’s Tree Management Officer raised no objection, subject to the conditions attached to the recommendation of this report (ie. retention and protection of 1 x Corymbia citriodora – Lemon scented Gum numbered 7)

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 Manager – Development Advice has raised no objection, subject to the drainage conditions attached to the recommendation

 

New driveway crossing from Penshurst Street (can be conditioned to require a separate vehicular crossing application, should the application be approved)

 

STATE ENVIRONMENTAL PLANNING POLICY NO 55 - REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

 

Based on Council’s records, the subject site has not been used for any potentially contaminating activities.  As such, it is considered unlikely that the land is contaminated.

 

STATE ENVIRONMENTAL PLANNING POLICY (BUILDING SUSTAINABILITY INDEX: BASIX) 2004

In accordance with this policy, all new residential dwellings require a BASIX certificate that measures the Building Sustainability Index to ensure dwellings are designed to use less portable water and are responsible for fewer greenhouse gas emissions by setting energy and water reduction targets for house and units.

 

The application is supported by a satisfactory BASIX certificate that satisfies the requirements for dwellings under this policy.

 

2.      Draft Environmental Planning Instruments

No Draft Environmental Planning instruments affect the proposed development.

 

Any other matters prescribed by the Regulations

The regulations prescribe the following matters for consideration for development in the Hurstville Council area:

 

Demolition

Safety standards for demolition and compliance with AS 2601-2001 apply to the demolition of any building affected by the proposal.

 

3.      Development Control Plans

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING

The extent to which the proposed garages comply with the car parking provisions is outlined in the table below.

 

Development

Requirements

Proposed

Complies

3.1.4.1 - Resident parking

3 or more bedroom – 2 spaces (4 units proposed) = 8

8 (4 double garages)

Yes

3.1.4.1 -Visitor parking (4 or more dwellings)

1 space per 4 dwellings or part thereof (4 units proposed) = 1

1 visitor car space

Yes

3.1.4.2(a) – Layout

AS2890.1 – Min. dimensions (double garage) = 5.4m x 5.4m

Double garage:

Min. 5.5m x 5.5m each

Yes

3.1.4.2 –  circulation, access and egress

Compliance with AS2890.1 2004 and AS2890.2

Complies, Vehicle accessibility statement (prepared by Terrafic Pty Ltd, dated 01 April 2014, Ref 13150) submitted with the application confirms that the development complies with the Australian Standards

Yes

3.1.4.8 – Car washing area

Four or more dwellings:

 

1 x designated car washing area

Visitor car space can also be provided as car washing area

Yes

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.2 SUBDIVISION

The proposal seeks development consent for strata subdivision of the dwellings.

 

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 fencing is satisfactory

Yes

Blind Corners

To be avoided

Avoided

Yes

Communal Areas

Provide opportunities for natural surveillance

Windows of living rooms (front dwelling) provide natural surveillance to the street and windows and doors of other dwellings to the common driveway

Yes

Entrances

Clearly visible and not confusing

Clearly defined with front porch to the entrance of each dwelling

Yes

Site and Building Layout

-   Provide surveillance opportunities

-   Building addresses street

-   Habitable rooms are directed towards the front of the building

-   Garages are not dominant

-   Offset windows

Surveillance opportunities provided

Yes

 

Habitable bedrooms to front of the building

 

Yes - not visible from the street

Yes

Yes

 

Yes

 

Yes

 

 

Yes

Lighting

-   Diffused/movement sensitive lighting provided externally

-   Access/egress points illuminated

-   No light spill towards neighbours

-   Hiding places illuminated

-   Lighting is energy efficient

Can be conditioned to satisfy these requirements, should the application be approved

Yes

Landscaping

-   Avoid dense medium height shrubs

-   Allow spacing for low growing dense vegetation

-   Low ground cover or high canopy trees around car parks and pathways

A mixture of landscaping is proposed.  This ranges from ground cover, small shrubs to medium sized trees

Yes

Building Identification

-   Clearly numbered buildings

-   Entrances numbered

-   Unit numbers provided at entry

Can be conditioned to satisfy these requirements, should the application be approved

Yes

Security

Provide an appropriate level of security for each dwelling and communal areas

Sufficient level of security provided for each dwelling

Yes

Ownership

Use of fencing, landscaping, colour and finishes to imply ownership

Landscaping, front porch and driveways indicate ownership

Yes

 

In addition to the above, the proposal contains a shared driveway which allows vehicular access to all garage/car spaces that runs along the southern side boundary.  The proposal incorporates windows located on the ground floor and first floor which allows for passive surveillance to all areas of the subject site. A 1.5m maximum height masonry front fence with a 2.5m front setback allows for passive surveillance to and from the subject site to the street. For the reasons above, it is considered that the proposed development is considered to adequately satisfy the requirements under this subsection.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.5 ENERGY EFFICIENCY

The proposal has achieved a BASIX Certificate and therefore complies with the objectives of Section 3.5 of Development Control Plan No 1. The proposed development also complies with the solar access requirements of Development Control Plan No1 – LGA Wide.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ON-SITE DETENTION (OSD) REQUIREMENTS

The proposal has adequately satisfied the requirements of this subsection. Council’s Development Engineer has supported the proposed works subject to conditions of consent, should the application be approved.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.8 FENCES ADJACENT TO PUBLIC ROADS

The selected types of fencing on the street frontage will provide visual relief and natural surveillance from the dwelling to the street, and provide screening for the private open space behind the front building line of dwellings.

 

It is considered that the fences are of reasonable architectural merit and are unlikely to adversely impact upon the streetscape.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.9 WASTE MANAGEMENT

The Waste Management Plan submitted with the application is consistent with the requirements of Development Control Plan No 1.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.11 PRESERVATION OF TREES AND VEGETATION

In accordance with Clause 5.9 of the Hurstville Local Environmental Plan 2012, a tree management permit is required to allow any removal of a tree or vegetation on a private land that is 3m or more in height or a circumference of 300mm or more or has a branch spread of 3m of more irrespective of species.

 

It is proposed to remove eight (8) on-site trees (two (2) x Bottlebrush numbered trees 1 and 2 located in the mid-section of the site, three (3) x Jacaranda numbered 3, 4 and 9, one (1) x Blackwood numbered 5, one (1) x Carob numbered 6, one (1) x Flooded gum numbered 8 as shown on the submitted arborist reports prepared by Allied Tree Consultancy, dated 13 August 2013, addendum dated 29 November 2013 and a review of arborist reports prepared by The Arborist Network dated 20 January 2014) of variable heights and sizes in order to facilitate the proposed multiple dwelling development. These existing trees that are being removed as part of this application will be replaced with ten (10) medium-large sized trees as per the recommendation of the arborist’s report and landscape plan.

 

The original proposal included the removal of one (1) additional on-site tree (one (1) x Corymbia citriodora – Lemon scented Gum numbered 7 to the south western side of the rear most villa, Unit 4), but the removal of this tree was not supported by Council’s Tree Management Officer who commented on this particular tree as follows:

“The assessment of the tree removal by Council’s Tree Management section revealed that this particular tree 1 x Corymbia citriodora – Lemon scented Gum numbered 7 is of immense significance to the local landscape contributing great amenity value. Furthermore it is noted that this tree is in good health and is worthy of retention based on the methodologies for determining tree removals which examines the health, condition and longevity of a tree as the main determining factor. The same conclusion in relation to the removal of 1 x Corymbia citriodora – Lemon scented Gum numbered 7 was reached on all three (3) occasions of referrals to Council’s Tree Management section.

 

A site inspection of the subject site and surroundings has revealed that the Lemon Scented Gum - Corymbia citriodora, labelled as tree 7, is part of the overall existing landscape of the area, where this individual tree contributes to the aesthetic aspects of the landscape character and established landscape value of the area.

 

The subject tree provides landscape quality and species diversity within the area which in turn supports a wider range of wildlife and insects. This tree has been rated medium to high significance supported by IACA Significance of a Tree, Assessment Rating System.

 

The other large tree (one (1) x Flooded gum numbered 8) of similar height and size on the northern side of the rear yard was supported based on the apparent structural damages to the adjoining properties, but  the Lemon Scented Gum - Corymbia citriodora, labelled as tree 7 has no arboricultral reason to be removed. The loss of these two (2) trees at the rear of the site would have a major landscape visual effect, when compared to one (1) tree being removed and having a moderate landscape visual effect. This is because this side of Penshurst Street has a row of established street trees and trees on private properties that create cumulative effects on the overall landscape of the area between trees on public and private lands.

 

This proposal is not reversible, if the Lemon Scented Gum - Corymbia citriodora, labelled as tree 7 is removed, because the proposed dwellings do not provide adequate room for a similar tree to be replanted on the site. As such the option of replanting is not considered to suitable for this proposal. Furthermore replanting with smaller trees will not compensate for the loss of a mature established tree.” 

 

In response to the above initial assessment and comments by Council’s Tree Management Officer, the proposal has been amended to include the retention of one (1) x Corymbia citriodora – Lemon scented Gum numbered 7 to the south western side of the rear most villa, Unit 4. This was achieved by deleting one (1) rear villa and providing four (4) dwellings in total with landscaped area around this tree.

 

Council’s Tree Management Officer has not raised further objection to the amended proposal, subject to conditions requiring protection measures and supervision of an arborist throughout the excavation and construction works (AQF level 5 site arborist to supervise works, to witness and document any trees structural root zone and issue of a certificate of compliance at the end of all works around the tree). As such the proposal is considered to be consistent with the intent of this subsection of Development Control Plan No 1 with these tree conditions.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS

The proposal has been assessed against the requirements of Section 4.3 of Council’s Development Control Plan No 1 – LGA Wide as shown below.

 

Multiple Dwelling Housing

Requirements

Proposed

Complies

Residential Density (Floor Space Ratio)

HELP 2012 (clause 4.4):

 

 

Max. FSR = 0.6:1

Proposed GFA = 433.1sqm

 

FSR = 0.4:1

Yes

4.3.2.1 Site Planning

i) Minimum street frontage: 15m

 

ii) Relationships with open space:

 

 

iii) Existing landscape:

 

 

 

 

iv) Solar Access:

- Unshaded northern elevation to the development

- Adjoining properties must be capable of receiving not less than 3 hours of sunshine upon the open space areas of adjoining dwellings between 9am and 3pm on 21 June

 

v) Privacy and views: Site planning must take into account any adverse privacy impacts on neighbouring properties

15.24m

 

 

Private open spaces to all units meet the requirements of DCP1

 

1 x Corymbia citriodora – Lemon scented Gum (existing significant tree to be retained)

 

Complies

 

 

 

 

 

 

 

 

 

 

 

Privacy impacts minimised by design. All first floor side balconies have a maximum depth of 1m, dense planting provided along northern side boundary and windows are not directed at adjoining dwellings where possible

Yes

 

 

Yes

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

4.3.2.2 Streetscape

Must not diminish the quality of the streetscape

 

The proposed dwellings are considered to compatible with the existing and future desired streetscape, especially when it is compared to the existing multiple dwelling developments with similar orientation and built upon areas

Yes

4.3.2.3 & 4.2.3.4 Building Form & Style and Height

Building Envelope:

- 45 degrees from a height of 3.5m (two storey dwellings)

- 45 degrees from a height of 1.5m (single storey dwellings)

 

 

Maximum building heights:

- Max. 9m (front)

- Max. 6m (rear)

 

 

 

Maximum excavation:

0.5m

 

Recommended max. roof pitch: 22° to 35°

 

 

 

 

 

 

 

Attics:

– Max. roof pitch

45°

- Dormer windows to have Max. internal width of 2m

 

 

Materials and Colours

 

Walls:

- Articulation on façade by the use of bay windows, verandahs, balconies or wall offsets

 

- Max. straight length of 6m for walls to street frontage

 

Storeys:

- Max. 2 storeys for front dwellings

- Max. 1 storey for the rear most dwelling

Units 1, 2 & 3 (two storey dwellings):

Complies with building envelope

Unit 4 (single storey dwelling):

Complies with building envelope

 

Units 1, 2 & 3 (two storey dwellings):

Max. 8.04m

Unit 4 (single storey dwelling): 5.9m

 

0.855m (north of rear villa Unit 4)

 

Units 1, 2 & 3 (two storey dwellings):

Flat roof with 3° roof pitch/less than the maximum recommended roof pitch

Unit 4 (single storey dwelling): 22° - 31° roof pitch

 

Attic: 31° roof pitch

 

Dormer window (north of bathroom and ensuite): Max. internal width of 2m each

 

 

Front walls are appropriately articulated by the use of wall offsets and verandahs and have a straight length of less than 6m

 

 

 

 

2 storeys for three dwellings (U 1-3)

1 storey for the rear most villa (U4)

Yes

 

 

Yes

 

 

 

 

Yes

 

 

 

 

No (1)

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

4.3.2.5 Building Setbacks

 

Front Setback

 

 

Side Setbacks

 

 

Rear Setback

 

 

 

Min. 4.5m to front wall of dwelling

 

Min. 2m (front site)

Min. 1.35m (rear site)

 

Building Envelope:

45 degrees from a height of 1.5m (single storey dwellings)

 

 

 

Unit 1 (front) = 4.5m

 

 

4m – 4.88m

2.8m

 

Complies with building envelope

 

 

 

Yes

 

 

Yes

 

 

Yes

4.3.2.6 Car Parking and Access

3 bedrooms or more:

2 spaces

 

 

 

Visitor parking -

4 dwellings or more:

1 space per 4 dwellings or part thereof

 

Driveway:

- Min. 1.5m setback from windows to main habitable rooms of dwellings

 

 

 

 

 

 

- Site width < 20m: Driveways must not occupy more than 40% of the width of the site

 

- Garages must not extend further towards the front boundary than the front wall

All dwellings have 3 bedrooms each and provide 2 car spaces (double garage) each

 

1 visitor car space provided

 

 

 

 

Windows to dining/living rooms to front dwelling are appropriately located and screened from the common driveway (living rooms can easily be located towards the rear of each dwelling)

 

3.5m in width 23% of the frontage

 

 

 

All garages are located behind the building line and not visible from the street

Yes

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

4.3.2.7 Privacy

Visual privacy:

- Habitable room windows to be offset 1m from the edge of the opposite window, or

- Be screened or oriented to ensure the visual privacy

 

 

Acoustic privacy:

Min. 3m separation for windows (development site and adjoining properties)

 

 

 

Site layout:

Active recreational areas, parking areas, vehicle accessways and service equipment areas must be separate from bedroom areas of adjoining dwellings

 

Yes - sufficient privacy screening provided by window off sets, Max. 1m depth for all first floor side balconies and dense planting along the northern side boundary

 

Complies - all front dwellings are setback a minimum 4m and the rear most villa adjoins the northern neighbour’s outbuilding

 

Complies

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

4.3.2.8 Solar Design and Energy Efficiency

Comply with Section 3.5 Energy Efficiency and BASIX

 

Minimise overshadowing of neighbouring private open spaces or windows to habitable rooms

 

Adequate sunlight for rooms generally used during the daytime

 

North facing rooms receive maximum solar access (in multiple dwelling development, the dwellings are encouraged to have a north-facing room capable of being used as a living area)

 

Subject and adjoining lots receive 3hrs solar access between 9am and 3pm on mid winter equinox

Yes

 

 

 

Adequate building separation

 

 

 

 

 

 

 

Northern facing windows to main living areas

 

 

 

 

 

 

 

Complies

Yes

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

4.3.2.9 Fences at the Front Boundary

Max. 1m height for solid fences and walls fronting public space (at frontage)

 

1.8m high fence (with openings that are 50% transparent) may be considered for fence to principal private open space to public space (street)

 

Principal private open space of any new dwelling must be located behind the front building line

Complies - solid front fence is 1.5m high and is setback at least 2.5m from the frontage

 

 

 

 

 

 

 

No private open space forward of building line

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes

4.3.2.10 Landscape

Site = 1076.3sqm

 

Landscaped area:

Min. 20% (215.26sqm)/min. width of 2m

 

Landscaping in front of buildings (front setback area) shall provide a suitable visual screen or softening function for the development

 

 

286.6sqm (26.6%)

 

 

 

Yes - plant screening at frontage

 

 

 

Yes

 

 

 

Yes

4.3.2.11 Private Open Space

3 bedrooms or more:

- Min. 60sqm

- 3m in all directions

 

 

 

 

 

 

 

 

- Principal private open space = 4m x 6m, max. grade of 1 in 20 and must be accessible from main living area

(Min. 3m width)

U1 = 60sqm

U2 = 61.04sqm

U3 = 60.97sqm

U4 = 115.93sqm

 

(Min. 4m width, less than 1 in 20 grade and accessible from main living area)

 

U1 = Min. 4m x 13.5m

U2 = Min. 4m x 13.5m

U3 = Min. 4m x 13.5m

U4 = Min. 6.037m x 12m

Yes

 

 

 

 

 

 

 

 

 

 

Yes

4.3.2.12 Site Services

Master TV antenna must be provided for any development of more than two dwellings

 

Storage:

6 cubic metres per dwelling

 

 

Communal outdoor clothes drying facilities:

To be visually screened from the street

Practical for the front dwelling as they are attached but the rear most villa, Unit 4 is detached

 

Min. 6 cubic metres per dwelling

 

In the rear yard of each dwelling and screened from the street

Yes

4.3.2.13 Stormwater Drainage

Gravity drainage is preferred however alternative solutions may be considered in accordance with this section of the DCP during the assessment process

Manager - Development Advice has raised no objection, subject to the drainage conditions requiring a gravity fed drainage system to the street in front of the site

Yes (by condition)

 

(1) Building Form and Height and Style

This section of Development Control Plan No 1 prescribes the maximum excavation allowed for a dwelling that may be required in order to comply with the building envelope. The proposed excavation up to a height of 855mm for the rear most villa exceeds this maximum allowed, but this is mainly due to the finished driveway level and uniformly levelled floor level proposed for this dwelling. The rear villa can easily comply with the building envelope with minimal/compliant height of excavation and split-level layout, but it is not viable for this villa due to the natural contours of the rear yard and insufficient depth of the dwelling for a split-level layout.

 

Despite having this minor variation to the maximum height of excavation for the rear most villa, the proposal on its merit is considered acceptable and is recommended to be supported on the following basis:

·    No adverse amenity impacts are envisaged with the proposal, given that the rear most villa is single storey construction and it has sufficient privacy screening and building separations from the adjoining properties.

·    Most of the proposed excavation is to occur on the northern side of the rear most villa with a minimum clearance of 3m from the centre of the Lemon Scented Gum (on the southern side of this villa) and conditions of consent are recommended to require protection measures and supervision of an arborist, especially during excavation around this tree. Hence the proposed excavation is unlikely to have any adverse impact on the significant Lemon Scented Gum on the southern side of the rear most villa.

·    The proposal is unlikely to cause any detrimental physical impacts on adjoining properties or the site stability and existing drainage patterns with conditions of consent requiring retaining walls and protection and support of adjoining properties and compliance with the submitted site management and drainage plan to minimise any physical impacts on the adjoining properties.

·    Overall the proposed construction for the dwellings is considered to be site responsive as it involves minimal filling and excavation, except for the rear most villa, Unit 4, which is considered to be acceptable for the reasons above. 

 

PROPOSED AMENDMENT TO DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS – Minimum Site Area per Dwelling Unit

Council is currently exhibiting amendments to this Development Control Plan principally a minimum site area control of 315sqm per multiple dwelling unit.  This will only come into operation when adopted by Council and has no affect on the development application subject to this report.

 

4.      Impacts

 

Natural Environment

The proposal includes the retention of existing significant tree on the site (one (1) x Corymbia citriodora – Lemon scented Gum). Also the proposal incorporates sufficient landscaped areas to soften the building and contribute to the natural environment.

 

The proposed excavation for the dwellings is considered acceptable, subject to the conditions attached to the recommendation of this report.

 

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 a minor non compliance that is supported for the reasons discussed earlier in the report.

 

In respect to streetscape, the proposed dwellings are considered acceptable as it incorporates variable architectural treatments on the façade of the front most dwelling and provides sufficient landscaping within the front setback to soften the visual impact on the streetscape.

 

In terms of overshadowing, the proposal would allow a minimum of 3hrs to private open space and windows to habitable rooms on the adjoining properties as required under Development Control Plan No 1 – LGA Wide.

 

Accordingly, it is unlikely that the proposal will have an adverse impact on the built environment.

 

Social Impact

The proposal is for residential purpose and will not have any adverse social impact.

            

Economic Impact

The proposal is for residential purposes and no adverse economic impact is envisaged.

 

Suitability of the Site

The proposed development is considered suitable for the subject site for the reasons contained within the report.

 

5.      REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

The subject application was notified / advertised to forty two (42) adjoining residents and owner for fourteen (14) days in which to view the plans and submit any comments on the proposal. One (1) submission was received in relation to this application and raised the following concerns.

 

Overdevelopment - excessive bulk and scale

A concern was raised in relation to bulk and scale of the proposed development without any specific details.

 

Comment: The amended proposal results in one (1) less dwelling and it complies with Council’s Local Environmental Plan standards and Development Control Plan No 1, except for the minor variation to the maximum height of excavation under Development Control Plan No 1, which is considered acceptable and recommended to be supported for the reasons outlined in this report.

 

Privacy impact – windows and doors on side elevations

This concern relates to a potential overlooking from all windows and doors on the side elevations of the proposed dwellings. A request was made to include obscure glazing or similar to these windows and doors as well as providing dense planting along the site boundary and additional privacy screen on the top of the boundary fence.

 

Comment: The proposal has been amended to incorporate the above changes requested by the neighbour, which was accepted by the submitter who raised no further objection. Also a condition has been attached to the recommendation of this report to require an additional privacy screen on the top of the boundary fence. This condition has been agreed by the applicant.

 

Reasons for support

Albeit the concerns mentioned above, this neighbour supports the subject application on the following basis:

·    Provides additional housing to meet demands

·    Good urban design

·    Enhances the area

 

Comment: The above comments have been noted.

 

Council Referrals

 

Team Leader Subdivision and Development

Council’s Team Leader Subdivision and Development Advice has considered the proposal and advised that the proposal may be considered for approval subject to the drainage conditions and subdivision conditions attached to the recommendation.

 

Tree Management Officer

Council’s Tree Management Officer has raised no objection, subject to conditions of consent being attached to any consent granted.

 

6.      CONCLUSION

The proposal have been assessed under Section 79C Matters for Consideration under the Environmental Planning and Assessment Act 1979 (as amended) and considered to adequately satisfy the intent of the applicable planning controls as detailed within this report.

 

The variation to the maximum excavation requirement of Development Control Plan No 1 is supported for the reasons stated in this report.

 

One (1) submission was received in relation to the proposal. This submission has been discussed and addressed in the report.

 

The bulk and scale of the development complies with Council’s current controls and the proposal is considered to be consistent with the future desired character of the area, as the overall proposal is capable of complying with the majority of Council’s planning controls.

 

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 DA2013/0325 for the demolition of existing structures, construction of 4 x 3 bedroom dwellings as a multi dwelling development and strata subdivision on Lot 21 Sec 3 DP 3446 known as 115 Penshurst Street Penshurst, subject to the attached conditions:

 

Schedule A – Site Specific Conditions

 

GENERAL CONDITIONS

These conditions have been imposed to ensure that the development is carried out in accordance with the approved plans and to ensure that the appropriate fees and bonds are paid in relation to the development.

 

1.         GEN1001 - Approved Plans - The development must be implemented in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council’s approved stamp, except where marked up on the plans and/or amended by conditions of this consent:

 

Reference No.

Date

Description

Revision

Prepared by

DA 2.00

7 Apr 14

Ground Floor Plan

H

CMT Architects

DA 2.01

7 Apr 14

First Floor Plan

H

CMT Architects

DA 2.02

7 Apr 14

Roof Plan

F

CMT Architects

DA 3.01

7 Apr 14

Sections

D

CMT Architects

DA 4.01

7 Apr 14

Elevations

I

CMT Architects

DA 1.01

7 Apr 14

Site/Landscape Plan

F

CMT Architects

Sheet 1 of 1

26 Jul 13

Survey Plan

--

J P Bates and Inwood

1435 - S1/3

2 Oct 13

Sediment Control Details

B

John Romanous and Associates

--

Received: 4 Oct 13

Schedule of Colours and Finishes

--

CMT Architects

--

Received: 4 Oct 13

Waste Management Plan

--

CMT Architects

--

Received: 4 Oct 13

Work Method Statement

--

CMT Architects

 

2.         GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

            (a)     Fees to be paid to Council:

 

Schedule of fees, bonds and contributions

Fee Type

Paid

Amount

Receipt Date

Receipt No

Development Application Fee

X

$1,820.00

4 Oct 13

2008774

DA Replacement Fee

X

$910.00

2 Apr 14

2015439

Plan First Fee

X

$572.80

4 Oct 13

2008774

Notification Fee

X

$226.00

4 Oct 13

2008774

DA Advertising Fee

X

$1,105.00

4 Oct 13

2008774

Long Service Levy

 

$3,132.00

 

 

Builders Damage Deposit

 

$1,500.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$130.00

 

 

S94 Residential (Community Facilities)

 

$7,434.00

 

 

S94 Residential (Open Space, Recreation, Public Domain)

 

$52,566.00

 

 

 

The following fees apply when you submit an application to Council for the Subdivision Certificate.

 

Subdivision Application Fee

X

$655.00

4 Oct 13

2008774

Subdivision Certificate Fee

 

$810.00

 

 

S88B Checking Fee

 

$292.00

 

 

 

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

 

PCA Services Fee

 

$2,063.50

 

 

Construction Certificate Application Fee

 

$2,063.50

 

 

Construction Certificate Imaging Fee

 

$172.00

 

 

 

Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

3.         GEN1003 - Section 94 Contributions - Residential Development (Community Facilities and Open Space, Recreation, Public Domain)

 

a. Amount of Contribution

Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 (as amended) and Hurstville Section 94 Development Contributions Plan 2012 the following contributions towards the cost of providing facilities shall be paid to Council:

Contribution Category                                                                     Amount

Community Facilities                                                                           $7,434.00

Open Space, Recreation and Public Domain Facilities                  $52,566.00

Total:                                                                                                     $60,000.00

 

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.html.

 

4.         GEN1014 - Long Service Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

 

5.         GEN1016 - Damage Deposit - Major Works - In order to insure against damage to Council property the following is required:

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,500.00.

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $130.00.

(c)  At the completion of work Council will:

(i)         review the dilapidation report prepared prior to the commencement works;

(ii)        review the dilapidation report prepared after the completion of works;

(iii)       Review the Works-As-Executed Drawings (if applicable); and

(iv)       inspect the public works.

 

The damage deposit will be refunded in full upon completion of work where no damage occurs and where Council is satisfied with the completion of works. Alternatively, the damage deposit will be forfeited or partly refunded based on the damage incurred.

(d) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

(e) Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

 

6.         APR6001 - Engineering - Section 138 Roads Act and Section 68 Local Government Act 1993

 

Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

 

A separate approval is required to be lodged and approved under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath):

(a) Placing or storing materials or equipment;

(b) Placing or storing waste containers or skip bins;

(c)  Erecting a structure or carrying out work

(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f)   Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h)  Establishing a “works zone”;

(i)   Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j)   Stormwater and ancillary works in the road reserve; and

(k)  Stormwater and ancillary to public infrastructure on private land

(l)   If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

 

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

 

The relevant Application Forms for these activities can be downloaded from Hurstville City Council’s website at: www.hurstville.nsw.gov.au/Forms

For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

 

7.         APR6003 - Engineering - Vehicular Crossing - Major Development - The following vehicular crossing and road frontage works will be required to facilitate access to and from the proposed development site:

(a) Construct a 150mm thick concrete vehicular crossing reinforced with F72 fabric in accordance with Council’s Specifications for vehicular crossings.

(b) Repair all damaged sections of concrete footpath outside of the frontage of the site in Penshurst Street in accordance with Council’s Specifications for footpaths.

(c)  Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.  The work shall be carried out by a private contractor, subject to Council approval.

 

Constructing a vehicular crossing and/or footpath requires separate approval under Section 138 of the Roads Act 1993, prior to the issue of the Construction Certificate. 

 

To apply for approval:

(a) Complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Council’s Website at www.hurstville.nsw.gov.au/Forms

(b) In the Application Form, quote the Development Consent No. (eg. 2012/DA-****) and reference this condition number (e.g. Condition 23)

(c)  Lodge the application form, together with the associated fees at Council’s Customer Service Centre, during business hours.  Refer to Section P1 and P2, in Council’s adopted Fees and Charges for the administrative and inspection charges associated with Vehicular Crossing applications.

 

Please note, that an approval for a new or modified vehicular crossing will contain the approved access and/or alignment levels which will be required to construct the crossing and/or footpath. Once approved, all work shall be carried out by a private contractor in accordance with Council’s Specification for Vehicular Crossings and Associated Works prior to the issue of the Occupation Certificate.

 

8.         APR6004 - Engineering - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Maritime Services, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road

 

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.

 

9.         GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Plumbing, Building and Developing section of Sydney Water’s website to locate a Water Servicing Coordinator in your area. Visit: www.sydneywater.com.au

 

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.

 

10.       GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

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.

 

11.       CC2004 - Development Assessment - Design Changes - The following design change is required and is to be incorporated into the plans to be lodged with the Construction Certificate application.

(a)       A privacy screen shall be provided on top of the existing northern side boundary fence for the length of the proposed two storey front dwellings at developer’s expanse.  The privacy screen is to have an effective height of 2m from the existing ground level (any part of the privacy screen that is below the top level of the existing boundary fence may remain open) and comprise of a material that cannot be seen through, such as lattice or louvres. If louvres are to be used, they are to be fixed in a position that does not allow downward viewing of the adjoining properties.

(b)       No part of the privacy screen, including any footings, posts or support is permitted to encroach or overhang any property boundary.

 

12.       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)

(c)    all clean water run-off is diverted around cleared or exposed areas

(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.

 

13.       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.

 

14.       CC2003 - Development Assessment - Construction Site Management Plan - Major Development - A Site Management Plan must be submitted with the application for the Construction Certificate, and must include the following measures:

·    location of protective site fencing;

·    location of site storage areas/sheds/equipment;

·    location of building materials for construction, e.g. stockpiles

·    provisions for public safety;

·    dust control measures;

·    method used to provide site access location and materials used;

·    details of methods of disposal of demolition materials;

·    method used to provide protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/skip bins;

·    details of proposed sediment and erosion control measures;

·    method used to provide construction noise and vibration management;

·    construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any works including demolition and excavation.  The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity.  A copy of the Site Management Plan must be retained on site and is to be made available upon request.

 

15.       CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 507020M_02 dated 8 April 2014, approved with the Development Consent DA2013/0325, must be implemented on the plans lodged with the application for the Construction Certificate.

 

16.       CC3001 - Development Engineering - Stormwater System - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

All stormwater shall drain by gravity to the upper level of Council’s grated pit, located in the footpath area outside No.113 Penshurst Street in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

17.       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.

 

18.       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

 

19.       CC5002 - Trees - Tree Protection and Retention - The following tree shall be retained and protected:

(a) One (1) x Lemon Scented Gum (Corymbia citriodora) at the rear of the site.

 

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.

 

If any excavation occurs within the Tree Protection Zone of any trees to be retained the involvement of the AQF Level 5 site Arborist will be required. The Arborist may need to be present to supervise works and ensure that no root damage occurs to the tree. Any works within any trees Structural Root Zone must be witnessed and documented by the AQF Level 5 site Arborist. At the end of the works period the AQF Level 5 site Arborist will need to issue a certificate of compliance for the job to ensure the tree protection on site was adequate to retain the trees in good health for the long term.

 

20.       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).

 

21.       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

  (c)    slabs

  (d)    columns

  (e)    structural steel

  (f)     reinforced building elements

  (g)    retaining walls

  (h)    stabilizing works

  (i)     structural framework

 

22.       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.

 

23.       CC8002 - Waste - Waste Storage Containers - Home Units (Residential Flat Development) - The following waste and recycling facilities will be required:-

 

Domestic Waste:- 1 x 120 litre Mobile Garbage Bins (MGB’s) per dwelling;

Domestic Recycling:- 1 x 240 litre MGB’s per dwelling.

Green Waste: - 1 x 240 litre MGB’s per dwelling.

 

All waste and recycling containers shall be stored in an approved waste storage area that is large enough to store the required number of bins.

 

The location of the proposed Waste Storage Area as shown on the submitted plan is not easily accessible for Council’s Waste Contractor to service the bins. Accordingly, it will be the responsibility of the Owners Corporation to present the MGB’s for collection and return them to the storage area after they have been emptied.

 

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

 

24.       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.

 

25.       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

 

26.       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.

 

27.       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 Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.

(f)         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.

(g)        Other.

 

Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

 

DURING WORK

These conditions have been imposed to ensure that there is minimal impact on the adjoining development and surrounding locality during the construction phase of the development.

 

28.       CON2001 - Development Assessment - Hours of construction, demolition and building related work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A penalty infringement notice may be issued for any offence.

 

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

 

29.       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.

 

30.       CON5001 - Trees - Tree Removal on Private Land - The trees identified as ‘to be removed/pruned’ on the approved plans or by conditions of this consent shall be removed in accordance with AS4373 -2007 Pruning of Amenity Trees and the Trees Work Industry Code of Practice (WorkCover NSW, 1998).

 

31.       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.

 

32.       CON8001 - Waste - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the Principal Certifying Authority and a copy provided to the Manager Environmental Services, Hurstville City Council.

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

 

33.       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. 507020M_02 dated 8 April 2014, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

 

34.       OCC2005 - Development Assessment - Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

 

35.       OCC2007 - Development Assessment - Allocation of car parking spaces - Car parking associated with the development is to be allocated as follows:

(a) Residential dwellings: Two (2) spaces per dwelling as per the approved plans

(b) Residential visitors: One (1) space

(c)  Car wash bay: One (1) space which can be the visitor space

 

36.       OCC6002 - Engineering - Vehicular crossing and Frontage work - Major development - The following road frontage works shall be constructed in accordance with Council's, Specification for Vehicular Crossings and Associated Works together with the Vehicular Crossing Approval issued by Council’s Engineering Services Division:

(a)     Construct a 150mm thick concrete vehicular crossing reinforced with F72 fabric in accordance with Council’s Specifications for vehicular crossings.

(b)     Repair all damaged sections of concrete footpath outside of the frontage of the site in Penshurst Street in accordance with Council’s Specifications for footpaths.

(c)    Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.  The work shall be carried out by a private contractor, subject to Council approval.

 

A private contractor shall carry out the above work, at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

 

The driveway and road frontage works are to be completed before the issue of the Occupation Certificate.

 

PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Subdivision Certificate.

 

37.       SUBS9001 - Subdivision - Completion of Site Works - The following works shall be completed on site and documentation submitted prior to the issue of the Subdivision Certificate:

(a)     Construction Requirements

The structures of the building(s) that define the boundaries of all parts of the Strata Lots, including the Common Property shall be constructed in accordance with the approved plans and conditions of Development Consent No DA2013/0325.

This shall include the completion of all internal driveways/ramps and hardstand areas for car spaces on the site prior to the issue of the Strata Certificate.

 

(b)     Unit Numbering

Permanent Apartment type numbers shall be installed in a prominent position adjacent to the entrance of each unit.

Each unit shall be numbered in accordance with the strata plan lot numbering prior to the issue of the Strata Certificate.

 

(c)       Letterboxes

Separate letterboxes, for each unit and the Owner's Corporation, shall be provided with permanent type numbers to be installed to each letterbox prior to the issue of the Strata Certificate.

 

(d)      Street Number

The street number 115 is to be displayed in a prominent location in the front of the site prior to the issue of the Strata Certificate.

 

(e)      Visitor Parking Sign

“Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces prior to the issue of the Strata Certificate.

 

(f)        On Site Detention Sign

A screw-on professionally made sign shall be installed adjacent to any on-site detention facility prior to the issue of the Strata Certificate. The sign shall contain the following text (or similar):

"This on-site detention facility is subject to possible surface overflow during heavy storms."

 

(g)      Courtyard Fencing

All courtyard fencing is to be completed on site prior to the issue of the Strata Certificate.

 

(h)       Compliance Certificate from Sydney Water

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Co-ordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

 

Following application, a "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Co-ordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to Council prior to the issue of the Strata/Subdivision Certificate.

 

38.       SUBS9003 - Subdivision - Requirement for application of a Strata Certificate - Section 37 - To enable the determination of the application for a Strata Certificate by Hurstville City Council or an Accredited Strata Certifier, the applicant must submit the following:

(a)   Application for Strata Certificate form duly completed with payment of fees current at lodgement; and

(b)   Three (3) copies of the Final Strata Plan prepared by a Registered Surveyor in accordance with the above final Strata Plan requirements

(c)    The Original Strata Plan Administration Sheet(s) plus one (1) copy

(d)   The Original of any relevant 88B instrument plus one (1) copy.

(e)   A Section 73 (Sydney Water) Compliance Certificate for the development.

 

IMPORTANT NOTES:

 

(i)         A Strata Certificate cannot be issued unless all relevant conditions of the development consent that are to be satisfied prior to the issue of the Strata Certificate have been complied with.

(ii)        Council will check the consent conditions on the relevant Strata Subdivision consent. Failure to submit the required information will delay endorsement of the plan of subdivision.

(iii)       Council will undertake the required inspections to satisfy the requirements of clause 29A of the Strata Schemes (freehold Development) Regulation 2007 to determine the Strata Certificate.

(iv)      Strata Plans, Administration Sheets, 88B Instruments and copies must not be folded.

(v)       All Strata Plans, Strata Plan Administration Sheets and 88B Instruments shall be submitted to Council enclosed in a protective cardboard tube (to prevent damage during transfer).

 

39.       SUBS9002 - Subdivision - Final Strata Plan Requirements - A final Strata Plan shall be prepared by a Registered Surveyor and include (but not be limited to) the following:

(a) Designation of Visitor Car Spaces on Strata Plan

Visitor car spaces shall be designated on the final strata plan as "Visitor Parking - Common Property".

 

(b) On Site Detention

The location of the on-site detention facility is to be shown on the strata plans by the surveyor and suitably denoted.

 

(c)  Creation of Positive Covenant

A Positive Covenant is to be created pursuant to Section 88B of the Conveyancing Act, 1919 for the maintenance of any on-site detention drainage facilities. This Covenant shall be worded as follows:

"It is the responsibility of the lots burdened to keep any "On-Site Detention" facilities, together with any ancillary pumps, pipes, pits etc, clean at all times, maintained in an efficient working condition.  The "On-Site Detention" facilities shall not 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.

 

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.

 

40.       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.

 

41.       ONG3002 - Development Engineering - Notification of Unit Numbers - On the issue of any Strata Certificate the Accredited Strata Certifier shall submit to Council a list of the unit numbers and there corresponding lot numbers.

 

42.       ONG3005 - Development Engineering - Additional requirements for the issue of a Strata Certificate - In addition to the statutory requirements of the Strata Schemes (Freehold Development) Act 1973 a Strata Certificate must not be issued which would have the effect of:

(a)     The removal of any areas of common property shown upon the approved Development Application plans and allocated to any one or more strata lots,

(b)     The removal of any visitor parking spaces from the strata scheme and allocated to any one or more strata lots , or

(c)      Any unit’s parking space or storage area is not strata subdivided as separate strata lot.

(d)     Under no circumstances shall any future Strata By-Laws be created to grant exclusive use of nominated Visitors Parking spaces to occupants/owners of units or tenancies within the building.

 

Note: This condition has been imposed to ensure that: (a) common property is not alienated from the strata scheme and assigned to any one or more strata lots, (b) visitor parking is not alienated from the strata scheme and assigned to any one or more strata lots such that visitors would be restricted from lawful access and use of required visitor parking, (c) parking spaces and storage areas are not strata subdivided as separate strata lots which may be sold with full strata title rights as a parking space or storage area lot, reducing available parking and storage to strata lots and visitors required to reduce demand for on-street public parking.

 

43.       ONG3006 - Development Engineering - Ongoing maintenance of the on-site detention system - The Owner(s) must in accordance with this condition and any positive covenant:

(a)   Permit stormwater to be temporarily detained by the system;

(b)   Keep the system clean and free of silt rubbish and debris;

(c)    If the car park is used as a detention basin, a weather resistant sign must be maintained in a prominent position in the car park warning residents that periodic inundation of the car park may occur during heavy rain;

(d)   Maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council;

(e)   Carry out the matters referred to in paragraphs (b) and (c) at the Owners expense;

(f)     Not make any alterations to the system or elements thereof without prior consent in writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly;

(g)   Permit the Council or its authorised agents from time to time upon giving reasonable notice (but at anytime and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant;

(h)    Comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice;

(i)     Where the Owner fails to comply with the Owner’s obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner’s cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations;

(j)     Indemnify the Council against all claims or actions and costs arising from those claims or actions which Council may suffer or incur in respect of the system and caused by an act or omission by the Owners in respect of the Owner’s obligations under this condition.

 

ADVICE

This advice has been included to provide additional information  and where available direct the applicant to additional sources of information based on the development type.

 

44.       ADV2002 - Development Assessment - Site Safety Fencing - Site fencing must be erected in accordance with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling.  The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

 

For more information visit www.workcover.nsw.gov.au

 

Schedule B – Prescribed Conditions

 

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

 

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which prescribed conditions apply.

 

45.       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.

 

46.       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.

 

47.       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.

 

48.       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.

 

49.       PRES1007 - Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

 

Schedule C – Operational & Statutory Conditions

 

These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.

 

50.       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.

 

51.       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.

 

52.       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.

 

53.       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.

 

54.       OPER1005      Subdivision Work – Construction Certificate & Appointment of Principal Certifying Authority - Subdivision work in accordance with a development consent cannot commence until:

(a) A Construction Certificate has been issued by the consent authority, the council (if not the consent authority) or an accredited certifier; and

(b) The beneficiary of the consent has appointed a Principal Certifying Authority for the subdivision work.

 

No later than two (2) days before the subdivision work commences, the PCA must notify:

(a) The consent authority and the council (if not the consent authority) of his or her appointment; and

(b) The beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the subdivision work.

 

An Information Pack is attached for your convenience should you wish to appoint Hurstville City Council as the Principal Certifying Authority for your development.

 

55.       OPER1006 - Subdivision work – Notice of Commencement - The beneficiary of the development consent must give at least two (2) days notice to the Council and the PCA of their intention to commence the subdivision works.

 

A Notice of Commencement Form is attached for your convenience.

 

56.       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.

 

57.       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.

 

58.       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 115 Penshurst Street Penshurst click here

 

 

APPENDICES

Appendix View1

Location map - 115 Penshurst Street Penshurst

Appendix View2

Front - photo - 115 Penshurst Street Penshurst

Appendix View3

Southern neighbour - photo - 115 Penshurst Street Penshurst

Appendix View4

Northern neighbour - photo - 115 Penshurst Street Penshurst

Appendix View5

Architectural plans - 115 Penshurst Street Penshurst

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL120-14             115 Penshurst Street Penshurst - Demolition of exsiting dwelling and structures and construction of new multiple dwelling development with strata subdivision

[Appendix 1]           Location map - 115 Penshurst Street Penshurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL120-14             115 Penshurst Street Penshurst - Demolition of exsiting dwelling and structures and construction of new multiple dwelling development with strata subdivision

[Appendix 2]           Front - photo - 115 Penshurst Street Penshurst

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL120-14             115 Penshurst Street Penshurst - Demolition of exsiting dwelling and structures and construction of new multiple dwelling development with strata subdivision

[Appendix 3]           Southern neighbour - photo - 115 Penshurst Street Penshurst

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL120-14             115 Penshurst Street Penshurst - Demolition of exsiting dwelling and structures and construction of new multiple dwelling development with strata subdivision

[Appendix 4]           Northern neighbour - photo - 115 Penshurst Street Penshurst

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL120-14             115 Penshurst Street Penshurst - Demolition of exsiting dwelling and structures and construction of new multiple dwelling development with strata subdivision

[Appendix 5]           Architectural plans - 115 Penshurst Street Penshurst


 


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL121-14        112 Arcadia Street Penshurst - Alterations and additions to an existing dual occupancy comprising ground and first floor additions to the rear dwelling and Torrens title subdivision 

Applicant

R Moghni

Proposal

Alterations and additions to an existing dual occupancy comprising ground and first floor additions to the rear dwelling and Torrens title subdivision

Owners

Mr M Moghni and Mrs Z Moghni

Report Author/s

Senior Development Assessment Officer, Ms T Gizzi

File

DA2013/0429

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone R2 - Low Density Residential

Existing Development

Part one/part two storey dual occupancy

Cost of Development

$230,000.00

Reason for Referral to Council

Non compliances with 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, Development Control Plan No 1 – LGA Wide - Section 2.2 Neighbour Notification, Section 3.1 Car Parking, Section 3.2 Subdivision, Section 3.4 Crime Prevention through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On Site Detention (OSD) Requirements, Section 3.9 Waste Management, Section 4.2 Dual Occupancy Housing

Hurstville Local Environment Plan Interpretation of Use

Dual Occupancy

 

EXECUTIVE SUMMARY

1.         Development consent is sought for alterations and additions to the existing dual occupancy, situated on a corner allotment, including ground and first floor additions to the rear dwelling and Torrens title subdivision.

2.         The proposal has been assessed against the requirements of the relevant planning instruments and Development Control Plan and variations are sought to controls relating to the maximum number of storeys, external wall height, minimum floor to ceiling height, maximum parapet height and corner site side setbacks. As discussed in this report, the variations in this instance are supported.

3.         Twenty two (22) adjoining residents and owners were notified of the application and given fourteen (14) days in which to view the plans and submit any comments on the proposal. No submissions were received.

 

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 Torrens title subdivision of the existing dual occupancy to create the following two (2) allotments:

 

·    Lot 1 – 325.8sqm

·    Lot 2 - 284.2sqm

 

Alterations and additions to the existing buildings are also proposed including the following:

 

·    Internal alterations to the ground floor level and construction of a first floor addition to the north eastern dwelling.

·    Improvements to the appearance of the garage and carport structures.

 

Each dwelling will maintain two (2) parking spaces and private open space at the rear.

 

HISTORY

19 Dec 13                  Application was lodged with Council

10 Jan 14                   Application was notified

26 Mar 14                  Additional information was requested from the applicant

27 Mar 14                  Additional information provided by applicant

 

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the south eastern corner of Arcadia Street and Stoney Creek Road, is legally identified as Lot 251 in DP 580126 and commonly known as 112 Arcadia Street, Penshurst.

 

The site has a primary frontage of 17.12m to Arcadia Street, secondary frontage of 27.43m to Stoney Creek Road and a total site area of 610sqm.

 

Currently occupying the site is a dual occupancy development which was approved under DA114/85 in 1985. The dual occupancy comprises a two (2) storey dwelling addressing Arcadia Street (front dwelling) and a single storey dwelling (rear dwelling) which addresses Stoney Creek Road. The two (2) dwellings are attached by a single storey garage.

 

Each dwelling benefits from two (2) tandem car parking spaces which are located adjacent to the secondary frontage. The front dwelling has access to the single garage with a stacked space at the front, and the rear dwelling has access to two (2) uncovered stacked spaces. Vehicular access is obtained from Arcadia Street and is shared by the two (2) dwellings.

 

Adjoining the site to south with a frontage to Arcadia Street is multi dwelling housing development, and adjoining the site to the east with a frontage to Stoney Creek Road is a two (2) storey dwelling house. The immediate locality is characterised by residential developments including single dwelling houses, dual occupancies and multi dwelling housing up to two (2) storeys in height.

 

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 objectives and 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

The proposal is defined as a dual occupancy. Dual occupancies are permissible in the zone

Objectives of the Zone

The proposal complies with the objectives of the zone

4.1A – Minimum lot size for dual occupancies and multi dwelling housing

Dual occupancy – 630sqm if land identified as “G” on lot size map; 1000sqm if land identified as “k” on lot size map;

 

Multi dwelling – 500sqm per dwelling if land identified as “k” on lot size map

N/A - The dual occupancy is existing on the site.

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

Subdivision is proposed with this application and will result in only one dwelling per lot.

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

New work = 6.67m maximum

4.4 – Floor Space Ratio

0.6:1 as identified on Floor Space Ratio Map

 0.58:1(354.4sqm)

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

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP No.1

No on site trees

6.1 – Acid Sulfate Soils

Acid Sulfate Soils Management Plan must be prepared

Not affected

6.3 – Limited development on foreshore area (foreshore area means the land between the foreshore building line and the mean high water mark of the nearest natural waterbody)

Only extension, alteration, or rebuilding or existing buildings; if site features make it appropriate; boatshed, pools or other recreational facilities

No development in the foreshore area

Matters to which Council must be satisfied

N/A

6.4 – Foreshore Scenic Protection Area (FSPA)

Objectives of clause

The subject site is not located within the FSPA

Matters for consideration:

Impact on topography and vegetation ; visual impact; environmental heritage; maintenance of dominance of landscape over built form

N/A

6.7 – Essential Services

Development consent must not be granted to development unless services that are essential for the development are available

Essential services are available to the development

 

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.

 

STATE ENVIRONMENTAL PLANNING POLICY (BUILDING SUSTAINABILITY INDEX: BASIX) 2004

A BASIX certificate has been submitted with the application for the north eastern dwelling subject of the proposed first floor addition. A condition has been included in the recommendation of this report requiring compliance with the commitments indicated in the BASIX Certificate.

 

2.      Draft Environmental Planning Instruments

No Draft Environmental Planning instruments affect the proposed development.

 

Any other matters prescribed by the Regulations

The regulations prescribe the following matters for consideration for development in the Hurstville Council area:

 

Demolition

Safety standards for demolition and compliance with AS 2601-2001 apply to the demolition of any building affected by the proposal.

 

3.      Development Control Plans

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING

No changes are proposed to the existing car parking on site. Each dwelling will retain two (2) car parking spaces as approved under the original development application for the subdivision.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.2 SUBDIVISION

The applicant has provided a concept subdivision plan which is supported by Council’s Team Leader and Development subject to conditions of 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

No fencing proposed

N/A

Blind Corners

To be avoided

No blind corners are evident.

Yes

Communal Areas

Provide opportunities for natural surveillance

The proposed first floor addition contains large windows within the street elevation providing opportunities for casual surveillance.

Yes

Entrances

Clearly visible and not confusing

Clearly defined with an existing front porch to the entrance of each dwelling

Yes

Site and Building Layout

-   Provide surveillance opportunities

-   Building addresses street

-   Habitable rooms are directed towards the front of the building

-   Garages are not dominant

-   Offset windows

Both dwellings satisfactorily address their respective street frontages with habitable room windows provided in the street elevations to provide surveillance opportunities.

Yes

 

 

Lighting

-   Diffused/movement sensitive lighting provided externally

-   Access/egress points illuminated

-   No light spill towards neighbours

-   Hiding places illuminated

-   Lighting is energy efficient

As the dual occupancy is existing, requirements for further lighting are not applicable to the application

N/A

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

Landscaping is existing and is to remain unchanged

N/A

Building Identification

-   Clearly numbered buildings

-   Entrances numbered

-   Unit numbers provided at entry

Can be conditioned to satisfy these requirements, should the application be approved

Yes

Security

Provide an appropriate level of security for each dwelling and communal areas

There are no communal areas proposed on site.  Each dwelling will be appropriately secured.

Yes

Ownership

Use of fencing, landscaping, colour and finishes to imply ownership

Ownership will be implied by the defined entrances and upgrades to the building façade.

Yes

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.5 ENERGY EFFICIENCY

A BASIX certificate has been submitted with the application for the alterations and additions proposed to the north eastern dwelling. The proposed works meets the required target scores.

 

Shadow diagrams have also been submitted with the development which demonstrates that the adjoining properties at 108-110 Arcadia Street and 141 Stoney Creek Road will maintain at least three (3) hours of sunlight to their private open space areas.

 

Given the above, the development is consistent with Section 3.5 of Development Control Plan No 1.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ON-SITE DETENTION (OSD) REQUIREMENTS

The proposal has adequately satisfied the requirements of this section. Council’s Development Engineer has supported the proposed works subject to conditions of consent, should the application be approved.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.9 WASTE MANAGEMENT

There is sufficient area on site to accommodate the required bins for each dwelling. Further, the applicant submitted a waste management to address construction waste in accordance with Section 3.9.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 4.2 DUAL OCCUPANCY HOUSING

 

Section 4.2

Standard

Proposed

Complies

4.2.3.1 Envelope

Corner Site

Existing dual occupancy corner site attached by the garage

See assessment below

4.2.3.2 Allotment Size

630sqm

610sqm

However dual occupancy is existing

N/A

4.2.3.3 Frontage

15m

17.12m

Dual occupancy is existing

N/A

4.2.3.4 Building Height

9m for front dwelling

 

 

7.5m for rear dwelling

Front dwelling is existing and unchanged

 

Rear dwelling = 6.67m

N/A

 

 

Yes

Excavation (cut)

600mm

No cut proposed

N/A

Maximum Height to Uppermost ceiling

6.8m for front dwelling

 

 

5.5m for rear dwelling

Front dwelling is existing and unchanged

 

6.04m

N/A

 

 

No (1)

Maximum storeys

2 at the front

 

 

1 or 1.5m at rear

Front dwelling is existing and unchanged

 

Rear dwelling = 2 storeys

Yes

 

 

No (1)

Floor to Ceiling heights

2.7m – 3.6m

First floor addition = 2.5m

No (2)

Flat roof maximum parapet height

450mm

600mm parapet proposed

No (3)

4.2.3.5 Front Setbacks

4.5m to primary street frontage

(Arcadia Street)

Existing and unchanged.

N/A

 

 

Secondary Front Setback

2m

(Stoney Creek Road)

Existing 2.8m

First floor addition = 3.025m.

Yes

Corner site setbacks

1200mm to side boundaries

 

4m from the rear wall of the dwelling fronting the primary (Arcadia Street) to the proposed internal allotment boundary.

Front dwelling is  existing and unchanged

 

Rear dwelling
East - 1.09m to align with existing ground floor level

South – 1.475m

 

0m (garage) – 3.6m (dwelling)

Yes

 

 

No (4)

 

 

 

Yes

 

No (4)

Eaves

750mm or

450mm non-combustible

No eaves proposed

N/A

4.2.4 Floor Space Ratio

As per Hurstville LEP 2012

FSR = 0.6:1

0.58:1

Yes

4.2.5.1 Presentation to the street

· Windows to street

·        Design to have two of:

-    Entry feature

-    Window feature

-    Balcony/window box

-    Architectural element to break façade

-    Open veranda

-    Bay windows

-    Pergola/similar features above garage doors

·        Entrance clearly visible from street

·        Maximum recommended roof pitch 35°

The existing dwellings have clearly identifiable entrances and include windows which address the street.

 

The alterations and additions proposed to the rear dwelling include architectural elements to break up the façade, an entry feature and corner balcony.

Yes

4.2.5.2 Subdivision

Dividing walls between dwellings must be 200mm thick.

 

Access handle or right of carriageway must be 3m wide.

 

 

Vehicles must be able to enter and exit in a forward direction for battleaxe allotments.

The dividing wall between the front and rear dwelling is 250mm thick.

 

A reciprocal right of carriageway is proposed to provide access to the car parking areas of 3.28m.

 

The layout of the parking areas and siting of the dwellings on site is existing and front in – front out access is not available. However, it is noted that the development is different to a traditional battle axe allotment in that the parking areas are adjacent to each other. Therefore this control is not applicable to the development.

Yes

 

 

 

Yes

 

 

 

 

N/A

 

 

4.2.5.3 Balconies

2m maximum depth for rear balconies

 

1.8m maximum height for privacy screens

No rear balconies proposed.

 

No privacy screens are proposed.

N/A

4.2.5.4 Materials and Finishes

To compliment surrounding development

Minimise high contrasting colour schemes

Fire rating of BCA to be achieved

The proposed materials and finishes for the alterations and additions are acceptable and compliment streetscape

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 roofs may be used to protect views

Complies

Yes

4.2.6 Landscaping and Private Open Space

20% landscaped open space (minimum dimensions 2m x 2m)

 

Landscape plan is to be submitted with the application.

28.9% (182sqm)

 

 

 

Not required as the landscaping is to remain as existing

Yes

 

 

 

N/A

Impervious surfaces

Impervious surfaces at the front of the site to be driveway and footpath only

Driveway and footpath only.

Yes

 

Private open space

Private open space to have min 4m x 5m dimensions

 

 

Private open space to be accessible from a living room

 

Maximise visual privacy and acoustic amenity to occupants and neighbours

 

Maximise solar access

Both dwellings have areas of private open space in excess of the 4m x 5m minimum.

 

Front dwelling – as existing

Rear dwelling – as existing

 

Visual and acoustic privacy is satisfactory

 

 

Satisfactory solar access is achieved

Yes

 

 

 

 

N/A

 

 

 

Yes

 

 

 

Yes

Fencing

Front fences max - height 1m

Side and rear fences max height – 1.8m

No fencing proposed

N/A

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

Crossing at least 6m from intersection

 

Driveway access point is to be located 6m from the tangent point between the kerb line and the start of the kerb line clear of the intersection

Parking is provided as per the previously approved arrangement of one garage and one carport for the front dwelling, and two stacked at grade spaces for the rear dwelling.

 

 

 

 

 

 

The driveway is existing and unchanged

N/A

 

 

 

 

 

 

 

 

 

 

 

 

N/A

4.2.8 Cut and Fill

Cut/fill maximum 600mm

Fill only within building footprint

No cut or fill is proposed

N/A

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

Privacy screens to be provided to rear balconies at no higher than 1.8m

Driveways and A/C units to be sited away from adjoining neighbours

The proposed new windows within the rear dwelling are well located to protect the privacy of adjoining properties. The proposed balcony to bedroom 2 is separated from the front dwelling by approximately 8m ensuring privacy is adequately maintained.

 

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 with these requirements

Yes

4.2.11 Site Facilities

3m x 1m garbage storage

6m³ storage

Mailbox

Outdoor Clothes line

As existing

N/A

4.2.12 Stormwater Drainage

Drainage by gravity

Alternatives:

(1) Easement

(2) Charged and gravity

(3) OSD and infiltration

As existing

N/A

 

An assessment of the non compliances with Development Control Plan No 1 is provided below.

 

(1) Maximum Height to Uppermost Ceilings and Storeys

For a corner site, Development Control Plan No 1 specifies a maximum of 1.5 storeys and a maximum external wall height of 5.5m for the rear dwelling. The proposed construction of a first floor addition to the rear dwelling results in a two (2) storey building with a maximum external wall height of 6.04m.

 

The variation has been considered against the objectives of the control and in this instance is considered acceptable for the following reasons:

 

·         The proposed height is consistent with adjoining properties. Two (2) storey dwellings adjoin both common boundaries.

·         The development results in a bulk and scale that is consistent with the character and appearance of the streetscape.

·         The proposal does not result in any unreasonable visual impacts.

·         The proposed variation does not result in any significant overshadowing or privacy impacts on adjoining properties.

·         The first floor addition will provide an improved internal layout and will also improve the appearance of the existing dwelling.

·         The proposed addition complies with the overall height control specified for the rear building in Development Control Plan No 1 and also complies with the maximum building height control under Hurstville Local Environmental Plan 2012.

·         In terms of overall height a compliant 1.5 storey development could potentially be higher with dormer windows, which would appear dominant.

 

(2) Floor to Ceiling Height

Development Control Plan No 1 specifies a minimum floor to ceiling height of 2.7m. The proposed first floor addition has a proposed floor to ceiling height of 2.5m. 

 

Although below the minimum requirement, the proposed floor to ceiling height is not considered to compromise the internal amenity. The three (3) bedrooms will each receive satisfactory access to sunlight and ventilation and the floor to ceiling height complies with the requirements of the Building Code of Australia. It is also noted that the ground floor level has an existing floor to ceiling height of only 2.4m, therefore the proposal actually provides better amenity at first floor level than that which exists across the remainder of the site.

 

The 2.7m minimum height was originally introduced in standard dual occupancy designs which share the full common wall down the middle, to allow more light into the rooms. The design has windows on both sides thus does not require the 2.7m.

 

For the reasons provided above, it is not considered a refusal of the application on this basis can be justified and the variation is therefore supported.

 

(3) Flat Roof Maximum Parapet Height

Development Control Plan No 1 specifies a maximum parapet height of 450mm, the proposed parapet height is 600mm in height.

 

The proposed 600mm parapet height is required to screen a single pitched roof which falls towards the eastern boundary.

 

The proposed additional height to the parapet results in no significant overshadowing or privacy impacts on adjoining properties. Further, the parapet does not result in any unreasonable additional bulk to the development, and the scale of the building remains consistent with the character and appearance of the streetscape.

 

For the reasons provided above the variation is supported.

 

(4) Corner Site Setbacks

Development Control Plan No 1 specifies a minimum side setback control of 1.2m for the rear dwelling. The proposed first floor addition is located 1.09m from the eastern side boundary.

 

The non compliance arises as the first floor has been designed to align with the existing ground floor level and is supported for the following reasons:

 

·          Compliance with the control would result in a 110mm step in the eastern elevation of the dwelling which has the potential to look awkward and would compromise the appearance of the development.

·          A single storey garage directly adjoins the property to the east, therefore the proposed variation would not result in any privacy or overshadowing impacts.

·          The development is of a bulk and scale that is consistent with surrounding development and will complement the character and appearance of the locality.

 

Development Control Plan No 1 also specifies that the proposed internal allotment boundary between the two (2) dwellings must be setback a minimum of 4m from the rear wall of the dwelling that addresses the primary street. The proposed internal allotment boundary has no setback from the garage which serves the front dwelling, and a setback of 3.6m from the rear wall of front dwelling which addresses Arcadia Street.

 

The variation to this control is unavoidable as the dual occupancy is existing and was constructed under a different set of control in the 1980’s. The proposed allotment boundaries are logically placed to ensure private open space for both dwellings is maximised and functional. The proposed allotment boundary results in no material change to building separation and would not result in any adverse amenity impacts. In this regard, the variation is supported.

 

4.      Impacts

 

Natural Environment

The proposal does not require and significant excavation of the site or removal of trees from the property. In this regard, the development is not considered to result in any significant impacts on the natural environment.

 

Built Environment   

The proposed development is consistent with the bulk and scale of surrounding development. The upgrade of the building façade will improve the overall appearance of the dual occupancy and complement the character and appearance of the streetscape. Consequently, it is not considered the development would result in any significant impacts on the built environment.

 

Social Impact

The proposal is for residential purposes and no adverse social impact is envisaged.

            

Economic Impact

The proposal is for residential purposes and no adverse economic impact is envisaged.

 

Suitability of the Site

The proposed development is considered suitable for the subject site for the reasons contained within the report.

 

5.      REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

Twenty two (22) adjoining residents and owners were notified of the application and given fourteen (14) days in which to view the plans and submit any comments on the proposal. No submissions were received.

 

Council Referrals

 

Team Leader Subdivision and Development

Council’s Team Leader Subdivision and Development Advice has considered the proposal and advised that the proposal may be considered for approval subject to conditions attached to the recommendation.

 

Senior Environmental Health and Building Surveyor

Council’s Senior Environmental Health and Building Surveyor has raised no objections to the development subject to conditions of consent requiring compliance with the Building Code of Australia.

 

6.      CONCLUSION

The proposal have been assessed under Section 79C Matters for Consideration under the Environmental Planning and Assessment Act 1979 (as amended) and considered to adequately satisfy the intent of the applicable planning controls as detailed within this report.

 

Variations are proposed to Development Control Plan No 1 including controls relating to maximum storeys, external wall height, floor to ceiling height, parapet height and corner site setbacks. An assessment of the non compliances has found they primarily arise from the existing nature of the dual occupancy on the site and will not result in any adverse amenity impacts. The bulk and scale of the development is consistent with the character and appearance of the locality and the variations to the development controls are supported on this basis.

 

The application was notified in accordance with the requirements of Development Control Plan No 1 and no submissions were received.

 

On balance, although the application seeks variations to the development controls, given there are no significant impacts arising from the non compliances, refusal of the application cannot be justified in this instance.

 

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 DA2013/0429 for alterations and additions to the existing dual occupancy comprising ground and first floor additions to the rear dwelling and Torrens title subdivision on Lot 251 DP 580126 known as 112 Arcadia Street Penshurst, subject to the attached conditions:

 

Schedule A – Site Specific Conditions

 

GENERAL CONDITIONS

These conditions have been imposed to ensure that the development is carried out in accordance with the approved plans and to ensure that the appropriate fees and bonds are paid in relation to the development.

 

1.         GEN1001 - Approved Plans - The development must be implemented in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council’s approved stamp, except where marked up on the plans and/or amended by conditions of this consent:

 

Reference No.

Date

Description

Revision

Prepared by

A.01

19 Dec 13

Site Plan

1

Resolut

A.02

19 Dec 13

Floor Plans

1

Resolut

A.03

19 Dec 13

Elevations 1

1

Resolut

A.04

19 Dec 13

Elevations 2

1

Resolut

A.06

19 Dec 13

Construction Management

1

Resolut

A.07

19 Dec 13

Subdivision Plan

1

Resolut

A.08

19 Dec 13

Section

1

Resolut

 

2.         GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

 

   (a)     Fees to be paid to Council:

 

Schedule of fees, bonds and contributions

Fee Type

Paid

Amount

Receipt Date

Receipt No

Development Application Fee

X

$860.00

19 Dec 13

2011959

Plan First Fee

X

$147.20

19 Dec 13

2011959

Notification Fee

X

$144.00

19 Dec 13

2011959

Long Service Levy

 

$805.00

 

 

Builders Damage Deposit

 

$1,500.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$130.00

 

 

 

The following fees apply when you submit an application to Council for the Subdivision Certificate.

 

Subdivision Application Fee

 

$363.00

 

 

Subdivision Certificate Fee

X

$338.00

19 Dec 13

2011959

S88B Checking Fee

X

$292.00

19 Dec 13

2011959

 

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

 

$1,125.00

 

 

Construction Certificate Application Fee

 

$1,125.00

 

 

Construction Certificate Imaging Fee

 

$103.00

 

 

 

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: $130.00.

 

(c)  At the completion of work Council will inspect the public works, and the damage deposit will be refunded in full upon completion of work where no damage occurs. Otherwise the amount will be either forfeited or partly refunded according to the amount of damage.

 

(d) Prior to the commencement of work a photographic record of the condition of the Council nature strip, footpath and driveway crossing, or any area likely to be affected by the proposal, shall be submitted to Council

 

(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

 

(f)   Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

 

5.         APR6001 - Engineering - Section 138 Roads Act and Section 68 Local Government Act 1993

 

Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

 

A separate approval is required to be lodged and approved under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath):

 

(a) Placing or storing materials or equipment;

(b) Placing or storing waste containers or skip bins;

(c)  Erecting a structure or carrying out work

(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

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.

 

7.         GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

 

8.         GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Coordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

 

Following application a "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

 

The “Notice of Requirements” must be submitted prior to the commencement of work.

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

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.         CC2028 - Development Assessment -The application for construction certificate must be accompanied by adequate plans and specifications for any new or existing affected parts of the development indicating compliance with Part 3.7.1 (fire separation) and Part 3.8.6 (sound insulation) Building Code of Australia (BCA) prior to issue of the construction certificate.

 

10.       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)

(c)  all clean water run-off is diverted around cleared or exposed areas

(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.

 

11.       CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. A179029, dated 18 December 2013, approved with the Development Consent Development Consent No DA2013/0429, must be implemented on the plans lodged with the application for the Construction Certificate.

 

12.       CC3001 - Development Engineering - Stormwater System - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

All stormwater shall drain by gravity to Council's kerb and gutter directly in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

13.       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

(c)   slabs

(d)  columns

(e)  structural steel

(f)    reinforced building elements

(g)  swimming pool design

(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.

 

14.       PREC2001 - Building regulation - Site sign - Soil and Erosion Control Measures - Prior to the commencement of works (including demolition and excavation), the durable site sign issued by Hurstville City Council in conjunction with this consent must be erected in a prominent location on site.  The site sign warns of the penalties which apply to pollution, storing materials on road or footpath and breaches of the conditions relating to erosion and sediment controls.  The sign must remain in a prominent location on site up until the completion of all site and building works.

 

15.       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

 

16.       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.

 

17.       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.

 

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.

 

18.       CON2001 - Development Assessment - Hours of construction, demolition and building related work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A penalty infringement notice may be issued for any offence.

 

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

 

19.       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.

 

20.       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.

 

21.       CON8001 - Waste - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the Principal Certifying Authority and a copy provided to the Manager Environmental Services, Hurstville City Council.

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

 

22.       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. A179029, dated 18 December 2013, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

 

PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Subdivision Certificate.

 

23.       SUBD9002 - Subdivision - Completion of Site Works - The following works shall be completed on site and documentation submitted prior to the issue of the Subdivision Certificate:

 

(a)     Construction Requirement

The Dual Occupancy Dwelling shall be built and completed in accordance with the Conditions of Development Consent No DA2013/0429 prior to the issue of the Subdivision Certificate.

 

(b)     Letterboxes and Street Numbering

          Prior to the issue of the Subdivision Certificate a separate letterbox for each dwelling shall be provided with permanent type numbers installed to each letterbox.

 

          These numbers are to be No. 112 for the corner front dwelling and No. 112A for the rear dwelling.

 

(c)     Fire Separation compliance with Part 3.7.1 Building Code of Australia

 All works to comply with the Building Code of Australia regarding Fire Separation shall be completed and Certification of such works shall be issued prior to the issue of the Subdivision Certificate.

 

These works shall include (but not be limited to) the following:

 

·    Protecting any existing openings in the external walls (including the garage wall) and ensuring that non-combustible fascia, eave lining and roof coverings are installed.

 

·    The common wall between the existing garage and the dwelling will require a fire resistance level (FRL) of 60/60/60 and commence at the footing/slab level and extend to the underside of a non-combustible roof covering.

 

·    The existing carport is also required to achieve compliance with respect to fire separating with ensuring that non-combustible fascia, eave lining and roof coverings are installed.

 

(d)     Separation of Electrical Supply.

The Electrical meter boxes for each dwelling shall be separated and a separate individual electrical supply should be installed for each dwelling. Certification of such works shall be issued prior to the issue of the Subdivision Certificate.

 

(e)     Occupation Certificate

                 An interim or final Occupation Certificate shall be obtained from the Principal Certifying Authority and submitted to Council prior to the issue of the Subdivision Certificate.

 

(f)      Compliance Certificate from Sydney Water

                 A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

                 Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Co-ordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

 

                 Following application, a "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Co-ordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

 

                 The Section 73 Certificate must be submitted to Council prior to the issue of the Subdivision Certificate.

 

24.       SUBD9003 - Subdivision - Final Subdivision Plan Requirements - A final Subdivision Plan shall be prepared by a Registered Surveyor and include (but not be limited to) the following:

 

(a)      This plan is to show the dividing wall as a Party Wall.

Alternatively Cross Easements for Support shall be created over the dividing wall by Section 88B of the Conveyancing Act 1919.

 

(b)      Other Required Easements

The following easements shall be created by Section 88B of the Conveyancing Act 1919 on the Final Subdivision Plan

 

i.          Any necessary Easements to Drain Water, (minimum 1m wide).

ii.         Any necessary Easements for any Services (minimum 300mm wide) including the gas meters and service lines.

iii.        Any necessary Easements for overhanging roof structures including the carport roof.

iv.        Reciprocal Rights of Carriageway over the front driveway area

v.         Any other necessary easements

 

(c)       Creation of Restriction of Use of the Land

A Restriction of Use of the Land is to be created over each lot by Section 88B of the Conveyancing Act 1919 to ensure each dwelling erected on the lots of each site are maintained in conformity with Council's Dual Occupancy Codes and Requirements.  This Restriction shall be worded as follows:

 

"No dwellings, including the landscaping and paving of each site shall be erected upon the lots burdened unless constructed, completed and maintained in conformity with the conditions of Development Consent No. DA2013/0429 as approved by Hurstville City Council or in conformity with the conditions of any future Development Consent approved under Council's Dual Occupancy Codes and Requirements."

 

Hurstville City Council is to be nominated as the Authority to release, vary or modify this Restriction.

 

25.       SUBD9004 - Subdivision - Requirements for Application of a Subdivision Certificate - To enable registration of the plan of subdivision at NSW Land and Property Information (Land Title) Office, the person acting on the consent must apply for a Subdivision Certificate pursuant to section 109J of the Environmental Planning and Assessment Act 1979.

 

To enable the determination of the application for a Subdivision Certificate by Hurstville City Council, the applicant must submit the following: -

 

(a)     Application for Subdivision Certificate form completed with payment of fees current at lodgement.

 

(b)     Three (3) copies of the final plan of subdivision prepared by a Registered Surveyor.

 

(c)     The Original Deposited Plan Administration Sheet(s) plus one (1) copy.

 

(d)      The Original of any relevant 88B instrument plus one (1) copy.

 

(e)      A copy of the Interim or Final Occupation Certificate for the dwellings obtained from the Principal Certifying Authority.

 

(f)        A Section 73 (Sydney Water) Compliance Certificate for the Subdivision.

 

Please Note: The section 73 Certificate required must be a separate certificate for this development consent. Any other Section 73 Certificates (eg for the construction of the building) cannot be accepted to approve the Subdivision Certificate.

 

(g)      Certification from the Registered Surveyor that all services (including but not limited to stormwater drainage, gas, electricity, telephone cable) as constructed or to be constructed are/will be contained within each lot or within the necessary easements to accommodate such services.

 

(h)       Certification from an appropriately qualified person that the required Fire Separation works have been completed and are in compliance with Part 3.7.1 Building Code of Australia

 

IMPORTANT NOTES:

 

(i)   A Subdivision Certificate cannot be issued unless all relevant conditions of the development consent that are to be satisfied prior to the issue of the Subdivision Certificate have been complied with.

 

(ii)   Council will check the consent conditions on the relevant subdivision consent. Failure to submit the required information will delay endorsement of the plan of subdivision.

 

(iii)  Plans of subdivision, Administration Sheets, 88B Instruments and copies must not be folded.

 

(iv)  All Subdivision Plans, Deposited Plan Administration Sheets and 88B Instruments shall be submitted to Council enclosed in a protective cardboard tube (to prevent damage during transfer).

 

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.

 

26.       ONG2003 - Development Assessment - Maintenance of Landscaping - All trees, plants and turf 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.

 

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.

 

27.       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 <http://www.workcover.nsw.gov.au>

 

Schedule B – Prescribed Conditions

 

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

 

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which prescribed conditions apply.

 

28.       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.

 

29.       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.

 

30.       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.

 

31.       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.

 

32.       PRES1007 - Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

 

Schedule C – Operational & Statutory Conditions

 

These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.

 

33.       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.

 

34.       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.

 

35.       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.

 

36.       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.

 

37.       OPER1005 - Subdivision Work – Construction Certificate & Appointment of Principal Certifying Authority - Subdivision work in accordance with a development consent cannot commence until:

 

(a) A Construction Certificate has been issued by the consent authority, the council (if not the consent authority) or an accredited certifier; and

(b) The beneficiary of the consent has appointed a Principal Certifying Authority for the subdivision work.

 

No later than two (2) days before the subdivision work commences, the PCA must notify:

 

(a) The consent authority and the council (if not the consent authority) of his or her appointment; and

(b) The beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the subdivision work.

 

An Information Pack is attached for your convenience should you wish to appoint Hurstville City Council as the Principal Certifying Authority for your development.

 

38.       OPER1006 - Subdivision work – Notice of Commencement - The beneficiary of the development consent must give at least two (2) days notice to the Council and the PCA of their intention to commence the subdivision works.

 

A Notice of Commencement Form is attached for your convenience.

 

39.       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.

 

40.       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.

 

41.       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.

 

For videos relating to 112 Arcadia Street Penshurst click here

 

 

APPENDICES

Appendix View1

Attachment 1 - Location Map - 112 Arcadia Street Penshurst

Appendix View2

Attachment 2 - Photo - 112 Arcadia Street Penshurst

Appendix View3

Attachment 3 - Photo - 112 Arcadia Street Penshurst

Appendix View4

Attachment 4 - Site Plan - 112 Arcadia Street Penshurst

Appendix View5

Attachment 5 - Elevations - 112 Arcadia Street Penshurst

Appendix View6

Attachment 6 - Subdivision Plan - 112 Arcadia Street Penshurst

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL121-14             112 Arcadia Street Penshurst - Alterations and additions to an existing dual occupancy comprising ground and first floor additions to the rear dwelling and Torrens title subdivision

[Appendix 1]           Attachment 1 - Location Map - 112 Arcadia Street Penshurst

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL121-14             112 Arcadia Street Penshurst - Alterations and additions to an existing dual occupancy comprising ground and first floor additions to the rear dwelling and Torrens title subdivision

[Appendix 2]           Attachment 2 - Photo - 112 Arcadia Street Penshurst

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL121-14             112 Arcadia Street Penshurst - Alterations and additions to an existing dual occupancy comprising ground and first floor additions to the rear dwelling and Torrens title subdivision

[Appendix 3]           Attachment 3 - Photo - 112 Arcadia Street Penshurst

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL121-14             112 Arcadia Street Penshurst - Alterations and additions to an existing dual occupancy comprising ground and first floor additions to the rear dwelling and Torrens title subdivision

[Appendix 4]           Attachment 4 - Site Plan - 112 Arcadia Street Penshurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL121-14             112 Arcadia Street Penshurst - Alterations and additions to an existing dual occupancy comprising ground and first floor additions to the rear dwelling and Torrens title subdivision

[Appendix 5]           Attachment 5 - Elevations - 112 Arcadia Street Penshurst


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL121-14             112 Arcadia Street Penshurst - Alterations and additions to an existing dual occupancy comprising ground and first floor additions to the rear dwelling and Torrens title subdivision

[Appendix 6]           Attachment 6 - Subdivision Plan - 112 Arcadia Street Penshurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL122-14        Submissions received to Public Exhibition of Draft Development Control Plan No 1 - LGA Wide 

Report Author/s

Manager Strategic Planning, Ms C Gregory

Strategic Planner, Mr K Sanderson

File

14/634

Previous Reports Referenced

NM003-14 - Urgent Councillor Workshop to review DCP relating to multiple dwellings - Council - 05 Mar 2014 7:00pm

CCL073-14 - Draft Amendments to Hurstville Development Control Plan No 1 - Multiple Dwellings - Council - 02 Apr 2014 7:00pm

Community Strategic Plan Pillar

Economic Prosperity

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

Within Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

Council at its meeting of 2 April 2014 resolved to publicly exhibit a draft amendment to Development Control Plan No.1 – LGA Wide (DCP No.1). The primary purpose of the draft amendment is to ensure multiple dwellings are provided with a minimum site area of 315m2 per dwelling in the R2 – Low Density Residential Zone under Hurstville Local Environmental Plan 2012.

 

The proposed amendment also clarifies that the building envelope controls apply to the side setbacks for multiple dwellings and residential flat buildings and includes a minimum width of 2m in any direction for the calculation of landscaped area for residential flat buildings.

 

The draft amendments to DCP No.1 were exhibited from Thursday 10 April to Wednesday 7 May 2014 and two (2) submissions were received.

 

This report provides details of the public exhibition of the draft amendment to DCP No.1 and recommends that Council proceed with the adoption of the amendments including a Savings Provision to deal with applications currently before Council.

 

AUTHOR RECOMMENDATION

THAT Council resolve, pursuant to Section 74C of the Environmental Planning and Assessment Act 1979, and in accordance with Clause 21 of the Environmental Planning and Assessment Regulation 2000, to approve the amendment to DCP No.1 – LGA Wide, as described in this report.

 

THAT Council include a Savings and Transitional provision in the proposed amendment to DCP No.1 – LGA Wide, which will result in the amendment applying only to Development Applications lodged on or after the effective date of the Plan.

 

THAT Council give public notice of the decision to approve the amendment to DCP No.1 – LGA Wide, in the local paper within 28 days in accordance with Clause 21(4) of the Environmental Planning and Assessment Regulation 2000.

 

THAT Council endorse the Director Planning and Development to make minor modifications to any numerical, typographical, interpretation and formatting errors, if required, in the finalisation of the draft plan.

 

FURTHER THAT those persons who made a submission regarding the draft amendments to DCP No.1, be advised of Council’s resolution.

 

REPORT DETAIL

Background

Council initiated the proposed amendment to DCP No.1 – LGA Wide through a Notice of Motion on 5 March 2014. At that meeting, Council resolved to hold a Councillor workshop to further discuss the issue and to amend DCP No.1 by including a minimum site area of 315m2 per dwelling for multiple dwellings and to exhibit the Draft Amendments. The Councillor workshop was held on 26 March 2014.

 

Following the workshop, Council resolved on 2 April 2014 to publicly exhibit amendments to DCP No.1 to ensure that multiple dwellings are provided with a minimum site area of 315m2 per dwelling in the R2 – Low Density Residential Zone under Hurstville LEP 2012. The proposed amendment does not apply to the FSPA.

 

Previously a control requiring a minimum site area of 315m2 per dwelling for multiple dwellings had been contained in DCP No.1 and was removed as a part of Amendment No.3 to the DCP which came into effect from 24 June 2013 on the basis that other site controls for example floor space ratio, landscaping and setbacks would impact on dwelling density.

 

Details of Public Exhibition

The draft Amendment to Hurstville DCP No.1 - LGA Wide was placed on public exhibition from Thursday 10 April 2014 to Wednesday 7 May 2014. The draft plan was available for viewing in hard copy at the Council Administration Building and Hurstville and Penshurst Libraries. The draft plan was available electronically on Council's website. A total of three (3) advertisements were placed in the St George Leader newspaper on Thursday 10 April 2014, Thursday 24 April 2014 and Thursday 1 May 2014.

 

Submissions Received

Council received one (1) submission during the exhibition period and one (1) late submission, bringing the total number of submissions to two (2).

 

In summary, the submissions raised the following main issues:

Inconsistency with the State Government’s housing targets - The submitter considers that the intention of the FSR density control under the Hurstville LEP 2012 was to encourage more flexible townhouse developments so that the State Government’s housing targets for the local Hurstville area would be achieved.

 

Council Officer Comment: The Floor Space Ratio control of 0.6:1 for Zone R2 Low Density Residential under Hurstville LEP 2012 is retained as part of this proposal to amend DCP No.1 to include the requirements for 315m2 per dwelling for multiple dwellings. It is considered that the change to introduce the site area requirement of 315m2 per dwelling for multi dwelling housing will result in a reduction in the overall potential for multiple dwelling numbers in the Hurstville LGA. However the State Government’s housing requirements will continue to be achieved in the Hurstville LGA by providing a variety of housing types within the R2 Low Density Residential Zone comprising dwelling houses, attached dwellings, and dual occupancies. Multi dwelling housing will continue to be permissible within the R2 and R3 Residential zones under the Hurstville LEP 2012 albeit subject to the proposed residential density control of 315m2 per dwelling.

 

Amendment will result in more onerous planning controls and further research should be undertaken - The submitter considers the reinstatement of the minimum site area for multi dwelling housing of 315m2 will place more onerous planning controls on development sites and will result in townhouse developments being financially unviable for landowners. The submitter suggests that Council should investigate the typical townhouse size driven by the residential market and look at recent approvals along with undertaking a comparison of townhouse development sizes within surrounding Council areas, to determine the appropriate planning controls for density. It is considered that this would be a more accurate and financially viable method than reinstating the 315m2 site area control.

 

Council Officer Comment: Information on projects received to date was submitted to the Councillor Workshop and showed a range of developments with site areas from 190m2 to over 280m2 per dwelling. On this occasion the decision was made by Council to retain the previous planning control on dwelling density.

 

Savings and Transitional Provisions – One submission received notes that no savings and transitional provision was included in the exhibited amendment to DCP No.1. The submission requests that Council include a savings and transitional provision which would allow for a DA prepared and lodged using the existing DCP to be assessed in accordance with those controls. If this is not done, it is suggested that Council should at least adopt an acknowledgement that DAs that are in the system should only be required to meet the controls contained in the DCP at the time of lodgement. The submitter considers it unreasonable for Council to give full weight to controls contained in an amended DCP which was not in force at the time a DA was lodged or to require an applicant to redesign plans in response to new controls.

 

Council Officer Comment: The points raised in the submission are noted and it is agreed that there is a strong case for a savings and transitional provision to be included post-exhibition so that applications are assessed and determined using the controls that applied at the time of lodgement. It is therefore recommended that a savings and transitional provision be included in the amendment to DCP No.1 approved by Council. This issue is discussed further in this report under the heading “Savings and transitional provisions”.

 

Amendments to DCP No.1 to be adopted

A summary of the amendments to DCP No.1 recommended for adoption by Council is provided below. Please refer to the Draft DCP No.1 link at the end of this report for a complete copy of the amendments to DCP No.1 for adoption, showing the post exhibition tracked changes.

 

DCP 1 Section

Amendments for Adoption

1.0 INTRODUCTION

1.4 Commencement of the Plan

Minor administrative amendment to insert reference to the current amendment, being Amendment No.4.

 

1.6 Savings and Transitional Provisions

A Savings and Transitional Provision has been inserted. This means that the draft amendment to DCP No.1 will only apply to applications lodged on or after the date of commencement of this amendment.

 

4.0 SPECIFIC CONTROLS FOR RESIDENTIAL DEVELOPMENT

4.3 Multiple Dwellings & Residential Flat Buildings

 

4.3.2.1 Site Planning

Insert residential density control as follows:

“Residential density controls apply to land zoned R2 Low Density Residential under Hurstville LEP 2012. Land zoned R2 Low Density Residential is shown on the Land Zoning Map of Hurstville LEP 2012. The density control is expressed as the amount of site area required for each dwelling regardless of its size or the number of bedrooms provided.

 

For land zoned R2 Low Density Residential under Hurstville LEP 2012, 315 square metres of site area is required per dwelling.

 

Note: This density control does not apply to a lot identified as ‘K’ in the Lot Size Map under the Hurstville LEP 2012. In accordance with Clause 4.1A(3) of Hurstville LEP 2012 an area of at least 500 square metres is required for each dwelling within a multi dwelling housing development on a lot identified as ‘K’.

 

4.3.2.10 Landscape

Insert the following wording to clarify how landscaped area is calculated for Residential Flat Buildings:

“An area must have a minimum width of 2m in any direction to be included in the landscaped area calculations”

 

Comparison table – Development controls by development type

Changes made in the comparison table to clarify that building envelope controls apply for the side setbacks of Multiple Dwelling and Residential Flat Building developments.

 

Appendix 1 – List of Amendments to this DCP

Details of amendment No.4 to DCP included.

 

 

The amendment does not apply to land in the Foreshore Scenic Protection Area (FSPA), where an area of at least 500m2 is required for each dwelling within a multi dwelling housing development.

 

Savings and transitional provisions

As resolved by Council on 2 April 2014 the exhibited draft Amendment to DCP No.1 did not contain a savings and transitional provision. However, it is now recommended that a savings and transitional provision be included so that applications are assessed and determined using the controls that applied at the time of lodgement. This will mean that changes to DCP No.1 made through Amendment No.4 will only apply to development applications lodged on or after the new (proposed) effective date of 29 May 2014, subject to Council’s approval of the DCP. As a result, all DAs submitted to Council on or after this date will be required to comply with the new controls in DCP No.1.

 

Applications lodged with Council before 29 May 2014 (or the effective date of the DCP) will continue to be assessed and determined in accordance with DCP No.1 as it existed when the DA was lodged.

 

It is recommended that the following savings and transitional clause be inserted:

The amendments made to this Plan by Amendment No. 4, only apply to development applications lodged on or after <<new effective date>>.

 

NEXT STEPS

 

Adoption of the Draft DCP No.1

Clause 21 of the Environmental Planning and Assessment Regulation 2000, identifies that when approving a development control plan, after considering any submissions about the draft development control plan that have been duly made, the Council:

(a) may approve the plan in the form in which it was publicly exhibited, or

(b) may approve the plan with such alterations as the council thinks fit, or

(c) may decide not to proceed with the plan.

 

Subject to Council’s resolution and adoption of the draft DCP No.1, the next steps and timeline include:

 

26 May 2014

Submitters advised of Council’s decision

29 May 2014

Notice in the Leader – DCP becomes effective from 29 May 2014

 

Link: Draft DCP No.1 – LGA Wide – Amendment No.4

 

 

  


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL123-14        Commercial Centres Study for Local and Neighbourhood  Centres - Hurstville LEP 2012    

Report Author/s

Manager Strategic Planning, Ms C Gregory

File

12/2129

Previous Reports Referenced

No

Community Strategic Plan Pillar

Economic Prosperity

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

Outside Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

Council at its meeting on 12 April 2012 considered a report on the submissions received to the draft Hurstville Local Environmental Plan (LEP) 2011, following the public exhibition of the draft LEP 2011 in January-February 2012.  At that meeting Council resolved, in response to a number of submissions received, to undertake a comprehensive review of the commercial centres in the draft Hurstville Local Environmental Plan 2011 in 2012/13.

 

The review of commercial centres has not been undertaken due to the completion of higher priority Strategic Planning projects and commitments since this time. There is a need to commence this review in 2014/15, however there is currently no funding available in the Strategic Planning Program to undertake the project.

 

This report recommends that $150,000 be funded from Working Funds Surplus to the Strategic Planning Program for the engagement of Contract staff / Consultant for the Commercial Centres Study. This funding is in addition to the Draft 2014/15 Budget.

 

AUTHOR RECOMMENDATION

THAT $150,000 be funded from Working Funds Surplus to the Strategic Planning Program for the engagement of Contract staff / Consultant for the Commercial Centres Study and this funding be in addition to 2014/15 Budget.

 

REPORT DETAIL

Council at its meeting on 12 April 2012 considered a report on the submissions received to the draft Hurstville Local Environmental Plan (LEP) 2011, following the public exhibition of the draft LEP 2011 in January-February 2012.  As mentioned above, Council received a number of submissions in relation to the zoning and planning controls (height, floor space ratio) proposed in the draft LEP 2011 for local commercial centres.  Council resolved:

“THAT Council undertake a comprehensive review of the commercial centres in the draft Hurstville Local Environmental Plan 2011 in 2012/13 to determine appropriate zoning, height, floor space ratio and other planning controls for these centres.”

 

The study will review all land zoned B2 Local Centre and a number of the smaller neighbourhood centres which are zoned B1 Neighbourhood Centre under the Hurstville LEP 2012.   The Study will not include the investigation of land within the Hurstville City Centre as it is subject to separate planning investigations, however its influence on the future commercial floor space needs of the Local and Neighbourhood Centres must be taken into consideration.

 

A full list of the commercial centres the study will review is included in Appendix 1.

 

The study will build upon previous work undertaken for the commercial centres in 2010 as part of the finalisation of the Hurstville LEP 2012.

The commercial centres review is a major strategic planning study for Council. The estimated cost to undertake the study is $150,000 for the engagement of contract staff/consultants. There is no funding available in the Strategic Planning Program for 2014/15 to undertake this project.

 

The project will commence in 2014/15, with the funds being allocated in addition to Draft 2014/15 Budget.

 

 

APPENDICES

Appendix View1

List of Neighbourhood and Local Centres -  Hurstville LEP 2012

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL123-14             Commercial Centres Study for Local and Neighbourhood  Centres - Hurstville LEP 2012 

[Appendix 1]           List of Neighbourhood and Local Centres -  Hurstville LEP 2012


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL124-14        Review of Local Controls for Boarding Houses 

Report Author/s

Executive Planner, Ms A Aversa-Morassut

File

14/765

Previous Reports Referenced

NM004-14 - Urgent amendement to Hurstville LEP 2012 to add local restrictions on Boarding houses - Council - 05 Mar 2014 7:00pm

Community Strategic Plan Pillar

Economic Prosperity

Existing Policy?

No

New Policy Required?

No

Financial Implications

Nil

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

At its meeting of the 5 March 2014, Council considered a Notice of Motion and resolved that local controls be introduced which would restrict the location of boarding houses to land greater than 5000m2 in the R2 Low Density and R3 Medium Density Zones.

 

On the 9 April 2014, Hurstville Council received correspondence from the Department of Planning and Environment (“the Department”) which acknowledged the current community concern in relation to boarding houses in Hurstville and invited Council to work with the Department to develop local planning controls for this type of affordable housing accommodation.

 

At an initial meeting on 13 May 2014, the Department advised that any planning proposals involving the introduction of local restrictions for boarding houses would not progress without the support of evidence based research.

 

In light of this information, this report responds to the Notion of Motion by outlining the current state and regional policy context for boarding houses, discusses local planning restrictions currently being explored by other local councils, updates the progress of those restrictions, and considers options available to Council.

 

Based on the recent invitation from the Department, the clear lack of progress made by other case study Councils in their attempt to introduce local restrictions on boarding houses, this report recommends Council accept the invitation and work with the Department to develop planning controls for boarding houses that consider local factors whilst still ensuring the provision of this important affordable housing type in Hurstville.

 

AUTHOR RECOMMENDATION

THAT Council confirm its policy position that boarding houses remain permitted in the B1 – Neighbourhood Centre Zone and B2 – Local Centre Zone under Hurstville Local Environmental Plan 2012, and B4 Mixed Use Zone in Draft Hurstville LEP (Hurstville City Centre) 2014.

 

THAT Council work with the Department of Planning and Environment to develop local planning controls for boarding houses in Hurstville that consider local factors whilst still ensuring the provision of this affordable housing type in Hurstville.

 

THAT, following discussions with the Department of Planning and Environment, a further report be submitted to Council to outline an appropriate evidenced based strategy for Hurstville and the associated proposed local planning controls which would respond to that strategy.

 

FURTHER THAT Council advise the Department of Planning and Environment of its decision.

 

 

REPORT DETAIL

At its meeting of the 5 March 2014, Council considered a Notice of Motion and resolved:

THAT Council endorses the continuation of the LEP to permit boarding houses without local restrictions in B2 and mixed use B4 Zones.

 

FURTHER THAT Hurstville Council includes in the Hurstville LEP 2012 local restrictions for boarding houses, being that they can only be built on land greater than 5000sqm in R2 and R3 zoning.

 

The current statutory position on boarding houses is:

·    Boarding houses are permitted with consent in “R2 Low Density Residential Zone”, “R3 Medium Density Residential Zone”, “B1 Neighbourhood Centre” and “Zone B2 Local Centre” under the Hurstville Local Environmental Plan 2012.

·    Boarding houses are also permissible with consent in the “B4 Mixed Use Zone” under the Draft Hurstville Local Environmental Plan (Hurstville City Centre) 2014.

·    Boarding houses are prohibited in all zones under the Hurstville Local Environmental Plan 1994. An “equivalent zone” direction from the Department of Planning and Environment means that the State Environmental Planning Policy (SEPP) for Affordable Housing over-rides this prohibition making boarding houses permissible with consent in the 3(b) City Centre Business zone in the Hurstville City Centre.

·    Boarding houses are still prohibited in “B3 Commercial Core” under the Draft Hurstville Local Environmental Plan (Hurstville City Centre) 2014 and the “3(d) Commercial Core zone” under the Hurstville Local Environmental Plan 1994.

 

Aims and objectives

The purpose of this report is to:

·    Outline the policy framework for boarding houses on a state, regional and local level;

·    Advise Council of the recent invitation from the Department of Planning and Environment to work together to develop local planning controls for boarding houses in Hurstville;

·    Provide examples of local restrictions for boarding houses currently being explored by other local councils and the progress of those restrictions;

·    Discuss options available to Council to progress this urgent matter further; and

·    Outline a preferred approach to addressing community concerning in relation to boarding houses.

 

State & Regional Policy Framework

 

Draft Metropolitan Strategy for Sydney

Two (2) of the key policy objectives of the Draft Sydney Metropolitan Strategy are  the delivery of affordable housing for very low, low and moderate income earners across Sydney and accommodating a range of housing types to meet demand. These policy objectives are planned to be achieved through the planning system review, the subregional delivery plans, local plans and a review of State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

Boarding houses are an important housing affordable housing choice for tertiary students and essential workers such as child care and transport workers.

 

Any proposed amendment to the Hurstville Local Environmental Plan 2012 would need to demonstrate that it is consistent with the policy objectives and action plans under the Draft Metropolitan Strategy for Sydney.

 

State Environmental Planning Policy (Affordable Rental Housing) 2009

The aim of the Affordable Rental Housing SEPP is to increase and diversify the range of affordable rental housing available in New South Wales. Boarding Houses are one form of Affordable Rental Housing under the State Environmental, Planning Policy (Affordable Rental Housing) 2009 (“ARH SEPP 2009”).

 

Division 3 of the ARH SEPP 2009 contains the provisions relating to Boarding Houses in New South Wales. The provisions outline the standards which (when complied with) cannot be used as grounds to refuse a boarding house.

 

Under the ARH SEPP, boarding houses in Hurstville are permissible in both residential zones (R2, and R3) and in the business zones (B1, and B2). In the R2 Low Density Zone, boarding houses are only permissible if they are located close to public transport facilities (“accessible land”).

 

The ARH SEPP also contains development standards for the types of rooms which must be provided within a boarding house, provision of amenities and the need to retain active street frontages in commercial/business zones.

 

Clause 30A of the ARH SEPP states consent must not be granted for a boarding house unless the consent authority has taken into consideration whether the design of the development is ‘compatible’ with the character of the local area. 

 

Given that the ARH SEPP is silent on built form and size controls, the NSW Land and Environment Court has been the forum for much discussion and debate over what constitutes compatibility with the character of a local area. This issue has been covered in a number of cases including Redevelop Projects Pty Ltd v Parramatta City Council [2013] NSW LEC 1029, Gow v Warringah Council [2013] NSWLEC 1093 (15 March 2013), Project Venture Developments v Pittwater Council [2005] NSW LEC 191, Sales Search Pty Ltd v The Hills Shire Council [2013] NSWLEC 1052.

 

There are no controls in the ARH SEPP that restrict the location, size or occupancy of boarding houses. 

 

Policy Review on Boarding Houses

As discussed, boarding houses are an important form of housing for low income households across the Sydney Metropolitan region. 

 

As a result of Council and community concern in relation to the location of boarding houses, the Department of Planning and Environment has recently invited Hurstville Council, along with a number of other Councils to participate in a program to assist with the development of local planning controls for boarding houses.  This program will involve discussions about developing location and built form controls relating to these land uses (Refer to Appendix 1).

 

At an initial meeting on the 13 May 2014, the Department of Planning and Environment advised that a strategic and ‘evidence based’ approach must be adopted to substantiate any proposed amendments to current planning controls for boarding houses.  The Department also advised that such evidence based strategies would need to address the demographics of existing and projected housing demand and supply for this type of housing accommodation in the Hurstville area.

 

It is envisioned that by participating in this program, the Department will work closely with Council to explore suitable evidence based strategies and mechanisms to address local concerns whilst still ensuring the delivery of this important housing option for the Hurstville area. 

 

Councils currently on board and working with the Department to develop their own local planning controls for boarding houses include Parramatta City Council, Manly Council, Canterbury City Council and Marrickville Council.

 

The Department also advised that it is in the process of developing design guidelines for boarding houses to assist with the design compatibility issues which are silent in the ARH SEPP.

 

Section 117 Directions

Section 117 Directions are a list of directions issued by the Minister for Planning to local planning authorities which must be complied with in the preparation of any planning proposal.  Planning proposals which are inconsistent with any of the Section 117 Directions are unlikely to be accepted through the Gateway determination process.

 

“Direction 3.1 – Residential Zones” is a relevant planning direction that would apply should Council consider the preparation of a planning proposal. Any planning proposal involving a residential zone or zone in which significant residential development is permitted must include provisions that encourage housing that will:

(a) Broaden the choice of building types and locations available in the housing market, and

(b) Make more efficient use of existing infrastructure and services, and

(c)  Reduce the consumption of land for housing and associated urban development on the urban fringe and,

(d) be of good design.

 

Planning proposals which are inconsistent with the terms of the direction may still be considered by the Department of Planning and Environment provided they are justified by an evidence based strategy which achieves the objectives of the direction or the relevant regional or sub-regional strategy.

 

Local Policy Framework

 

Hurstville Local Environmental Plan 1994

The Hurstville Local Environmental Plan 1994 was gazetted on 27 May 1994 and still currently applies to the “3(b) (Hurstville City Centre Business Zone)”.  Boarding houses were and still are prohibited land uses under every zone in this local environmental plan.

 

Although the commencement of the ARH SEPP 2009 in July 2009 overrides the provisions of the local planning instrument (making boarding houses permissible with consent in the residential and business zones in Hurstville), the local environmental plan was never amended.

 

Standard Instrument LEP

Boarding houses are a mandated land use in the Standard Instrument in the R2 Low Density and R3 Medium Density Residential Zones and in the B1 Neighbourhood Centre, and B2 Local Centre and B4 Mixed use business zones. This means that Council must include this land as “Permitted with consent” in the LEPs.

 

Hurstville Local Environmental Plan 2012

The Hurstville Local Environmental Plan 2012 which came into effect on the 7 December 2012 and the Draft Hurstville Local Environmental Plan (Hurstville City Centre) 2014 which is yet to be gazetted by the Minister for Planning are both consistent with the Standard Instrument.

 

Case studies - local restrictions on boarding houses - Bankstown Council, Marrickville Council and Canterbury Council

Bankstown, Marrickville and Canterbury Council have attempted to introduce local restrictions for boarding houses in their respective Local Environmental Plans (LEPs).  During the preparation of this report and up to the time this report was finalised, none of the case study councils had been able to successfully amend their Local Environmental Plans (LEPs) with respect to the inclusion of local restrictions for boarding houses.

 

Across the three (3) councils, the restrictions had been proposed in two (2) ways, either:

1.   Restrictions by location/lot sizes, i.e. limiting the size of land on which boarding houses are permitted; and/or

2.   Restrictions by limiting the size/ capacity of the boarding houses

 

A summary of the approaches taken by each Council in amending their LEP and the status of the respective amendments are detailed in Table 1.

 

Table 1. Summary of local restrictions on boarding houses

Council

Type of local restriction proposed

Status of Amendment to LEP

By restricting location

By size of boarding house

Bankstown Council

 

New Clause inserted under Part 6 – Additional Local Provisions:

Note: Originally Clause 6.11, then Clause 6.9 in the March 2014 Version of the draft Bankstown LEP 2014:

 

Special provisions applying to boarding houses:

Despite any other provision of this plan, development for the purpose of boarding houses is prohibited on land in Zone R2 Low Density if:

 

(a) the allotment of land has an area of 2 hectares or less; or

 

(b) the allotment of land has a width of 120 metres or less at the front building line; or

 

(c)  the allotment of land adjoins a cul-de-sac street; or

 

(d) the allotment adjoins a road where the width of the carriageway between kerbs is less than 30 metres; or

 

(e)  the design of the development is not compatible with the character of the local area

N/A

Draft Bankstown Local Environmental Plan 2014 was placed on public exhibition with boarding house restriction clause in July - August 2013

 

Bankstown Council currently awaiting Parliamentary Counsel (PC) opinion on draft Standard Instrument LEP (i.e. Draft Bankstown Local Environmental Plan 2014)

 

Gazettal of LEP anticipated for July/August 2014

There is no guarantee that the gazetted version of the LEP will be as exhibited.

Recent advice from Bankstown Council is that the making of the draft LEP with the boarding house clauses is uncertain.

 

 

Marrickville Council

 

 

Draft Amendment No.2 – Marrickville Local Environmental Plan 2011

 

New Clause 6.15 inserted under Part 6: Additional local provisions

 

6.15 Location of boarding houses in business zones

 

(1) The objective of this clause is to control the location of boarding houses in business zones.

 

(2) This clause applies to land in the following zones:

 

(a) Zone B1 Neighbourhood Centre,

(b) Zone B2 Local Centre,

(c)  Zone B4 Mixed use.

 

(3) Development consent must not be granted for development for the purpose of a boarding house on land to which this clause applies if any part of the boarding house (excluding access, car parking and waste storage) is located at street level.

Draft Amendment No.2 – Marrickville Local Environmental Plan 2011

 

New Clause 5.4 (10) Inserted under Part 5 – Miscellaneous provisions

 

5.4 Controls relating to miscellaneous permissible uses

 

(10) Boarding Houses

If development for the purpose of a boarding house is permitted under this Plan,

 

(1) The capacity for the lodgers must not exceed:

(a) 12 lodgers if the boarding house is within the R2 Zone,

(b) 19 lodgers if the boarding house is within the R1 or R3 zone,

 

(2) A boarding house with a capacity of more than 20 residents must be located:

 

(a) Within 400m of an accessible train station and 200m of a bus with a regular accessible bus route – walking distance measured along the most direct route; or

(b) Within 400m of a town centre that has facilities and services (including support services), recreation and entertainment opportunities;

 

(3) The access to a boarding house that is within a mixed use development within the B1, B2 or B3 zone must not exceed 20% of the floor area of the ground floor of the building

Draft LEP to progress to public exhibition in May 2014 without either of the provisions on boarding houses.

 

Marrickville Council have advised that the Department of Planning & Environment will not support the restriction on boarding house size.

 

 

 

Canterbury Council

Report by the Director City Planning to the City Development Committee on 8 August 2013 recommends that a similar approach to Bankstown be adopted:

 

That a Planning Proposal be prepared to amend the CLEP 2012 to:

 

Introduce a local provision in the LEP for boarding houses that would significantly limit the areas in which boarding houses can obtain consent in the R2 Low Density Residential Zone as per the clause which Bankstown Council has in the LEP currently on public exhibition.

Report by the Director City Planning to the City Development Committee on 8 August 2013 recommends including a clause to Miscellaneous permissible uses in the Canterbury LEP 2012 similar to Marrickville Council:

 

Controls relating to miscellaneous permissible uses

 

If development for the purpose of a boarding house is permitted under this Plan,

 

(1) The capacity for total lodgers must not exceed:

 

(a) 12 lodgers if the boarding house is in the R2 and R3 zone

Planning proposal not accepted at Gateway determination.

 

No further progress made.

 

 

 

Bankstown Council

Bankstown Council has to date, achieved the most progress with regard to the inclusion of the boarding house restriction clause in the Draft Bankstown Local Environmental Plan 2014. Guidance on how Bankstown Council could introduce the local restriction was provided through a letter in April 2013 authored by former Minister of Planning, The Hon Brad Hazzard.

 

The Draft Bankstown Local Environmental Plan 2014 was publicly exhibited with the boarding house restriction clause in August 2013.

 

Whilst gazettal of the draft LEP is anticipated for July-August 2014, Bankstown Council have advised that it is still unknown whether Parliamentary Counsel (PC) opinion or gazettal of the Standard Instrument will actually include the boarding house restriction clause.

 

The recent change in leadership of the Minister for Planning also creates further uncertainty with respect to this issue.

 

Marrickville Council

Amendment No.2 of the Marrickville LEP which contains a number of site specific and policy amendments will progress to public exhibition in May 2014 without any of the local restrictions described in Table 1 on boarding houses. 

 

Marrickville Council has advised that the Department of Planning & Environment will not permit the draft LEP to proceed to exhibition with any of the restrictions on boarding houses included. 

 

The Department of Planning and Environment has advised Marrickville Council that they have to work together to develop a more strategic and evidence based strategy before it will consider any type of local restrictions on boarding houses in the Marrickville local government area.

 

As discussed earlier in this report, Marrickville Council is now one of the NSW local councils working with the Department to develop appropriate local planning controls for boarding houses.

 

Canterbury Council

Canterbury Council’s Planning Proposal which included the local restrictions for boarding houses in terms of both location (as per Bankstown Council) and size of boarding houses (as per Marrickville Council) was not accepted at Gateway Determination by the Department of Planning and Environment. 

 

Subsequent additional ‘evidence based’ strategies prepared by Canterbury City Council to substantiate restricting the size of boarding house in low density residential areas have also been unsuccessful in obtaining support from the Department of Planning and Environment.

 

As discussed earlier, Canterbury Council has also recently joined the list of Councils currently working with the Department to develop appropriate evidence based strategies and local planning controls for boarding houses.

 

Hurstville Context - Proposed Local Planning Control

Council’s resolution seeks to implement a minimum lot size development standard for boarding houses in R2 Low Residential Density and R3 Medium Residential Density zones in Hurstville.  This would result in boarding houses only being permitted on lots greater than 5000m2 in zones. The impact of this proposal has been assessed using the GIS mapping data which has provided the following statistics on lot size by zone:

·    There are 18 parcels of land in the Hurstville LGA which are zoned R2 and R3 and are over 5000sqm.

·    16 of the lots over 5000sqm are in the Low Density R2 Zone and 2 of the lots are in the R3 Medium Density Zone.

·    There is a grand total of 20,278 lots which are zoned either R2 or R3 in the Hurstville LGA. 

 

Lot size range

Zone

Total no. of parcels

R2

R3

>5000sqm

16

2

18

>4000sqm  and < 5000sqm

17

2

19

>3000sqm and < 4000sqm

39

2

41

>2000sqm and <3000sqm

118

12

130

Total

190

18

208

Grand total of lots zoned R2 and R3 in LGA

19,100

1,178

20,278

 

As a result of these lot sizes, only 0.088% of all lots in the Hurstville LGA would meet the proposed zoning and land size restrictions being proposed by Council.

 

If implemented the proposed local control would limit boarding houses in future to 18 parcels located across various suburbs of the Hurstville including Beverly Hills (4), Lugarno (4), Peakhurst (6), Penshurst (1), Hurstville (1) and Mortdale (2).

 

At the time this report was prepared, only three (3) lots out of the 18 which were over 5000sqm have the capacity for immediate redevelopment. The remaining 15 lots are densely occupied by existing developments such as villas and townhouses and/or residential care facilities.  All three (3) of the remaining parcels are Zoned R2 Low Density and are located in Lugarno.  Given their location within the suburb of Lugarno, these lots are unlikely to be able to satisfy the ‘accessible land’ test required under the ARH SEPP.

 

Given the state and regional policy context surrounding boarding houses discussed earlier in this report and experiences of the case study Councils, it is highly unlikely that the Department of Planning & Environment would support a local planning restriction which would essentially prohibit boarding houses in Hurstville.

 

Options for introducing local controls for boarding houses

Based on the state and regional policy context, recent experiences of Bankstown, Marrickville and Canterbury Council, there are four (4) options available for Council to consider in progressing this urgent matter further:

 

Option 1 - Retain status quo and participate in the proposed policy review of boarding houses in Hurstville with the NSW Department of Planning and Environment.

This approach would involve postponing any immediate amendment to the Hurstville LEP 2012 and work with the Department of Planning and Environment to develop planning controls for boarding houses in Hurstville that consider local factors. 

 

Discussion

As discussed earlier, there are a number of local governments in NSW who are currently involved in these formal discussions with the Department of Planning & Environment on boarding houses.  These Councils include Canterbury City Council, Marrickville Council, Parramatta City Council, Campbelltown City Council and Manly Council.

 

The Department acknowledges the current community concerns in relation to boarding houses in Hurstville and wishes to assist Council to first develop an appropriate evidence based strategy which would substantiate the basis for any new planning controls on boarding houses.

 

An evidence based strategy would involve demographic research into the existing and projected affordable housing demand and supply in Hurstville.  The Department would also assist Council explore and develop local planning controls which would address the specific local factors unique to Hurstville. 

 

The Department have advised that the inclusion of local controls for boarding houses may be considered either as direct amendments to the Standard Instrument LEP or exclusions from certain provisions of the ARH SEPP 2009. 

 

The Department acknowledges that there is no uniform solution for the introduction of such planning controls.  The options available to each Council will depend on the demographics and local factors inherent to the relevant community.

 

Option 2- Local restriction based on location on minimum lot size in R2 and R3 zones (Council resolution)

This option would involve the preparation of a planning proposal to amend the Hurstville LEP 2012 to limit the location of boarding houses in Hurstville to lots over 5000sqm in the R2 and R3 Residential Zones. 

 

This option is based on Bankstown City Council’s approach to amending their LEP. This amendment could be technically achieved by amending the Hurstville LEP 2012 as follows:

 

Clause No.

Relevant clause in Hurstville LEP 2012

Suggested wording

1.2

Aims

To be drafted

4.6(8)(d)

Exceptions to development standards

Add “Clause 6.9”

6.9

(New)

Special provisions applying to boarding houses

Despite any other provision of this plan, development for the purpose of boarding houses is prohibited on land in Zone R2 Low Density Residential and Zone R3 Medium Density Residential if:

(a) the allotment of land has an area of 5000sqm or less

 

Discussion

If Council were to proceed with this option, it will mean that the development of any new boarding house in the Hurstville LGA would be limited to those 18 parcels discussed earlier in this report.  Given these lots only represent 0.088% of all the R2 and R3 zoned lots in Hurstville, opportunities for boarding houses in Hurstville would be essentially prohibited by this clause. 

 

Structuring the clause in the manner described above would also have the effect of prohibiting an applicant from lodging a variation to the 5000sqm development standard.  This is because the variation under Clause 4.6 would not be able to be applied.

 

This approach is unlikely to be supported by the Department of Planning and Environment because:

·    It is inconsistent with state and regional policies referenced earlier in this report.

·    It is inconsistent with the Section 117 Directions discussed earlier in this report.

·    Only three (3) of the 18 allotments have the current potential for redevelopment and even those are unlikely to be able to achieve the ‘accessible land’ test required under the ARH SEPP.

 

Option 3 – Local restriction based on capacity

This option would involve the preparation of a planning proposal to amend the Hurstville LEP 2012 to limit the capacity of boarding houses depending on zoning.  This approach is based on Marrickville Council’s proposed amendment to the LEP regarding occupancy rates in boarding houses.

 

This amendment could be technically achieved by amending the Hurstville LEP 2012 as follows:

 

Clause No.

Relevant clause in Hurstville LEP 2012

Suggested wording

1.2

Aims

To be drafted

4.6(8)(c)

Exceptions to development standards

“Clause 5.4” already referenced here

5.4 (10)

(New)

Controls relating to miscellaneous permissible uses

(10) Boarding houses

If development for the purpose of a boarding house is permitted under this Plan,

 

(1) The capacity for total lodgers must not exceed:

(a) <<<insert no. of lodgers>> e.g. 12 lodgers if the boarding house is in the R2 or R3 Zone,

(b) >>insert no. of lodgers>> e.g. 19 lodgers if the boarding house is in the  >>insert zones>>

 

(2) A boarding house with a capacity of more than <<Insert no>>> residents must be located:

 

(a) Within 400m of an accessible train station and 200m of a bus with a regular accessible bus route – walking distance measured along the most direct route; or

 

(b) Within 400m of a town centre that has facilities and services (including support services), recreation and entertainment opportunities;

 

Discussion

Proceeding with this option would result in adding a maximum number of lodgers to boarding houses in specified zones.  Depending on the maximum occupancy rate chosen, this option would also require boarding houses of certain capacity to be located close to public transport and town centres.

 

Structuring the clause as described above would also prohibit an applicant from lodging a variation to the new development standard which would be contained under the ‘Miscellaneous permissible uses’ section of the LEP.  This is because the variation under Clause 4.6 would not be able to be applied.

 

The shortcomings of this approach include:

·    This option would not prohibit boarding houses in the R2 and/or R3 zone.

·    LEP restrictions which limit maximum occupancy rates are difficult to enforce.

·    This approach is unlikely to be supported by the Department of Planning & Environment as it is also inconsistent with state and regional policies and the Section 117 Directions.

 

Option 4 – Local restrictions based on capacity, location and minimum lot size

This option would involve commencing an amendment to the Hurstville LEP 2012 to limit the size and location of boarding houses in Hurstville.

 

This amendment is based on both Bankstown Council and Marrickville Council’s proposed amendments to their LEP.

 

This amendment could be technically achieved by amending the Hurstville LEP 2012 as follows:

 

Clause No.

Relevant clause in Hurstville LEP 2012

Suggested wording

1.2

Aims

To be drafted

4.6(8)(c)

Exceptions to development standards

“Clause 5.4” already referenced here

4.6(8)(d)

Exceptions to development standards

Add “Clause 6.9”

5.4 (10)

(New)

Controls relating to miscellaneous permissible uses

(10) Boarding houses

If development for the purpose of a boarding house is permitted under this Plan,

 

(3) The capacity for total lodgers must not exceed:

(c)  <<<insert no. of lodgers>> e.g. 12 lodgers if the boarding house is in the R2 Zone,

(d) >>insert no. of lodgers>> e.g. 19 lodgers if the boarding house is in the  >>insert zones>>

 

(4) A boarding house with a capacity of more than <<Insert no>>> residents must be located:

 

(c)  Within 400m of an accessible train station and 200m of a bus with a regular accessible bus route – walking distance measured along the most direct route; or

 

(d) Within 400m of a town centre that has facilities and services (including support services), recreation and entertainment opportunities;

6.9

(New)

Special provisions applying to boarding houses

Despite any other provision of this plan, development for the purpose of boarding houses is prohibited on land in Zone R2 Low Density Residential and Zone R3 Medium Density Residential if:

 

(b) the allotment of land has an area of 5000sqm or less

 

Discussion:

Proceeding with this option would involve introducing restrictions on boarding houses based on location (lot size) and occupancy rates (maximum number of lodgers).

 

This option is a combined approach based on both Bankstown Council and Marrickville Council’s proposed amendments to their LEP. This was also the approach adopted by Canterbury Council which did not achieve Gateway Determination.

 

It is unlikely that this approach would be supported by the Department of Planning and Environment for those reasons outlined under the earlier individual options earlier in this report.

 

Preferred approach

In light of the recent experiences of the case study councils and the recent invitation from the Department of Planning and Environment, it is considered that the preferred approach is for Council to work with the NSW Department of Planning and Environment to develop local planning controls for boarding houses. Without accepting the offer and working with the Department of Planning and Environment, it is considered unlikely that a planning proposal will proceed.

 

Following formal discussions with the Department of Planning and Environment, a further report will be submitted to Council to outline what would constitute an appropriate ‘evidenced based strategy’ for Hurstville and the associated proposed local planning controls which would respond to this strategy.

 

 

APPENDICES

Appendix View1

Invitation to participate in discussion about Boarding Houses - Dept of Planning and Environment

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL124-14             Review of Local Controls for Boarding Houses

[Appendix 1]           Invitation to participate in discussion about Boarding Houses - Dept of Planning and Environment


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL125-14        Certificate of Cash and Investments as at 30 April 2014 

Report Author/s

Financial Accountant and Risk Management, Ms R Matienga

File

13/1501

Previous Reports Referenced

No

Community Strategic Plan Pillar

Civic Leadership

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

Within Budget

Reason for Report

For Information

 

EXECUTIVE SUMMARY

The Certificate of Cash and Investments as at 30 April 2014 is provided for Council’s information.

 

AUTHOR RECOMMENDATION

THAT the Certificate of Cash and Investments be received and noted.

 

REPORT DETAIL

Total invested funds have decreased by $2.2 million in April as a result of normal monthly operational expenditure.  Fourth quarter property rate instalments are due in May 2014.

 

Cumulative interest income at the end of April totalled $2.5 million, $1.07 million ahead of YTD Adopted Budget. Council is benefiting from having invested longer-term at interest rates above those currently prevailing and having accumulated more funds on deposit than budgeted.

 

 

APPENDICES

Appendix View1

Certificate of Cash and Investments as at 30 April 2014

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL125-14             Certificate of Cash and Investments as at 30 April 2014

[Appendix 1]           Certificate of Cash and Investments as at 30 April 2014

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Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL126-14        2014-2015 Concessional Rental Annual Applications for Parks 

Report Author/s

Sport and Recreation Officer, Ms C Irwin

File

13/312

Previous Reports Referenced

No

Community Strategic Plan Pillar

Social and Cultural Development

Existing Policy?

No

New Policy Required?

No

Financial Implications

Outside Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

This report is presented to Council to gain support for the waiving on park fees for annual community events.

 

AUTHOR RECOMMENDATION

THAT Council waive the standard booking fee for all community events listed in the report below and this be funded from “Park & Miscellaneous Community Budget” but impose a refundable damage bond to ensure the park is left clean and tidy.

 

THAT additional items requested, be provided for the community events listed in the report below.

 

FURTHER THAT, a refundable damage bond or cleaning deposit be imposed where applicable.

 

REPORT DETAIL

Each year Council receives various requests from Community based organisations to use our facilities, but more particularly to have the standard booking fee to use the parks and reserves be waived.  The booking fee is dependent on the location of the event and the day of the week.

 

This results in numerous reports to Council each year as Council Officers do not have the delegated authority to determine the waiving of fees.  An annual report is tabled to Council to summarise the major events in the Local Government Area requiring the park hire fee to be waived.

 

Should additional request be received throughout the year, then these will be subject to separate reports to Council as they arise.

 

The list below contains those events that are conducted annually and for which Council has previously waived the park booking fee and provided additional items where requested.

 

Organisation

Event

Booking Fee

Park

Additional Items cost

Total Concession requested

Date

Illawong Athletics Club

Annual race

event

$400.00

Lower Gannons Reserve

Nil 

$400.00

August 2014

Mortdale RSL sub-branch

Remembrance Day Service

$400.00

Mortdale Memorial Park

 Nil

$400.00

9/11/14

Veterans &

Vintage Chevrolet Car

Club

Annual Christmas Picnic

$400.00

Evatt Park

 Nil

$400.00

7/12/14

Georges River

Community Baptist Church

Community Carols Event

$400.00

Evatt Park

$554.00

$942.00

Dec 2014

Mortdale Community Services

Annual Christmas function

$400.00

Nicole Murray Reserve

$554.00

$942.00

Dec 2014

Kingsgrove Community Aid

Centre

Annual Children’s Day

$400.00

Smith Park

 Nil

$400.00

Dec 2014

Hurstville City

Council

Australia Day

$800.00

Oatley Park

 Nil

$800.00

26/01/14

Hurstville City

Council

Naidoc celebration

$100.00

Oatley Park Castle

 Nil

$100.00

April 2015

Mortdale RSL

sub-branch

Anzac Day Memorial Service

$400.00

Mortdale Memorial Park

Nil 

$400.00

April 2015

Mortdale Community Services

Annual Community Fair

$400.00

Nicole Murray Reserve

 Nil

$400.00

24/05/14

Illawong Athletics Club

Annual race event

$400.00

Lower Gannons Reserve

 Nil

$400.00

June 2015

Total =

$4,500.00

 

$1,108.00

$5,608.00

 

 

The 2014/15 Parks and Miscellaneous Community Budget is $30,000 which includes the costs of the Lugarno Spring Festival Donation.

 

It is estimated, that if the donation to the Lugarno Spring Festival is approved, this will leave only $6,628 for the remainder of the financial year.

 

The financial summary is provided as follow:

·    Foregone rental                                     $4,500

·    Additional Items                                    $1,108

·    Total costs                                             $5,608

·    Remaining Funds in budget                 $6,628

 

If approved, the total remaining funds in the 2014/2015 Parks and Miscellaneous Community Budget will be $1,020.

 

 

  


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL127-14        2014-2015 Concessional Rental Annual Applications - Hurstville City Council facilities 

Report Author/s

Manager Library Museum and Entertainment, Ms R Schulz

File

14/361

Previous Reports Referenced

No

Community Strategic Plan Pillar

Social and Cultural Development

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

Within Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

Forty (40) applications were received requesting free or reduced rental of the Hurstville City Council facilities, including the Entertainment Centre, Senior Citizens Centre, Kingsgrove Community Centre and Hurstville City Library Museum & Gallery during 2014-2015.  A subsidy totalling $322,552.31 is requested across all forty applications.

 

AUTHOR RECOMMENDATION

THAT concessional rental subsidies for financial year 2014-2015 totalling $267,531.06 as outlined in the report be approved and funded.

 

FURTHER THAT applicants receiving concessional rental subsidies from Council be advised of such and reminded that they must acknowledge Council's sponsorship on all of their promotional material (tickets, flyers, brochures etc), in any advertising, programs and at the event/function.

 

REPORT DETAIL

In March 2014, organisations and community groups that hired Council facilities in the last 18 months were notified that concessional rental applications were open. The application process was advertised via:

·   Council’s website

·   E-mail

·   Letter

·   Advertisement placed in the St George and Sutherland Shire Leader

 

On 6 February 2013 (CCL017-13) Council approved the Concessional Rental Policy that states:

Authority rests with full Council to approve applications for concessional use of halls and facilities at the Civic Centre, Entertainment Centre, Senior Citizen’s Centre, Hurstville City Library, Museum & Gallery, Kingsgrove Community Centre Function Hall, Booth Saunders Pavilion and any new facilities on the following basis.

 

The Concessional Rental Policy contains criteria on which to assess all applicants in a fair and equitable manner.

 

Priority will be given to organisations that:

i.    demonstrate a benefit to the communities within the Hurstville Local Government Area (LGA)

ii.   are located or provide services in the Hurstville LGA

iii.  can demonstrate proof of their not-for-profit status

iv.  are able to pay a percentage of the booking fee

v.   do not charge participants for their event

vi.  place a tentative booking for the required space/facility in the Entertainment Centre or Hurstville City Library, Museum & Gallery booking systems

vii. provide a copy of their latest operating (income) statement and/or balance

 

The following process is used to assess, approve and notify candidates of their concessional rental submission:

1)         Applications open for concessional rental

2)         An advertisement is placed in the St George and Sutherland Shire Leader calling for applications for concessional rental for the next financial year.

3)         A letter is sent to all customers on the Entertainment Centre and Library, Museum & Gallery booking systems that held an event in the last 18 months. The letter calls for applications for concessional rental for the next financial year.

4)         The application forms together with this policy are placed on Council’s website for organisations to view and complete.

5)         Organisations have one month to apply.

6)         A full report of all concessional rental requests is brought to the Council meeting for Council’s resolution.

7)         All applicants are informed of Council’s resolution.

8)         Bookings are confirmed and unsuccessful applicants will have the option to cancel their booking at this time.

 

The draft total budget for concessional rentals in 2014-2015 is $273,863 – Community rental subsidy.

 

Summary of Concessional Rental Applications 2014-2015

The following table is a summary of the annual concessional rental subsidies received by Council for the financial year 2011-2012, 2012-2013, 2013-2014 and 2014-2015.

 

Summary

2011-2012

2012-2013

2013-2014

2014-2015

Total number of applications

received

32

38

37

40

Number of applicants to

receive a concessional rental

23

29

25

 

29

(# recommended for approval)

 

The following table is a summary/comparison of the annual Concessional Rental budget for 2011-2012, 2012-2013, 2013-2014 and 2014-2015.

 

Summary

2011-2012

2012-2013

2013-2014

2014-2015

Adopted budget

$283,034.00

$354,518.00

$327,927.00

$273,863.00

Value of concessional rental requests

$333,831.50

$346,198.77

 

$402,470.72

$322,552.31

Total value of concessions granted

$292,849.90

 $331,678.77

 

$290,146.14

 

Recommendation:  $267,531.06

 

 

 

The following table lists recommendations for the approval of Concessional Rental applications for 2014-2015.  A summary spreadsheet of all concessional rental applications was supplied to Councillors on 5 May 2014.  The spreadsheet lists the applicant's concessional request, the total cost of the event and the purpose of each event.

 

Organisation

Grant received in 2013-2014

 Total 
cost of venue hire

 Concession
Requested

 Officer recommendation Concession 

Australian Red Cross Blood Service

28,600.00

19,760.00

19,760.00

19,760.00

Autism Community Network

300.00

340.00

300.00

300.00

Autism Community Network

0.00

1,320.00

1,200.00

1,200.00

Autism Spectrum Australia

4,680.00

900.00

900.00

900.00

Australia Asian Church

0.00

15,470.00

7,735.00

-

BEC Southern Sydney

5,280.00

4,160.00

4,160.00

4,160.00

Better Hearing Australia

1,680.00

1,240.00

1,240.00

1,240.00

Circle for Investigation of Gnostic Anthropology

0.00

2,080.00

100.00

-

Circle for Spiritual Aid to Life Australia

0.00

110.00

110.00

-

Chinese Australian Services Society Ltd

10,000.00

6,360.00

6,360.00

6,360.00

Chinese Australian Services Society Ltd

0.00

1,600.00

1,600.00

1,600.00

Chinese Australian Services Society Ltd

0.00

760.00

760.00

760.00

 Chinese Australian Services Society Ltd

0.00

4,160.00

4,160.00

4,160.00

Chinese Australian Services Society Ltd - Free tax return

0.00

630.00

630.00

630.00

Chinese Parents Association - Children with Disabilities Inc

0.00

3,530.00

3,177.00

-

The Film Seen

4,730.00

6,450.00

4,050.00

4,050.00

Fitness Now*

17,940.62

16,146.56

16,146.56

16,146.56

Georges River College Oatley Campus

0.00

3,800.00

3,800.00

3,800.00

Hurstville Discovery Writers Group

810.00

730.00

730.00

730.00

Hurstville Family History

1,800.00

1,320.00

1,320.00

1,320.00

Hurstville Weekend Toastmasters Club

0.00

920.00

460.00

460.00

Hurstville Seniors Advisory Committee

127,400.00

127,400.00

127,400.00

127,400.00

Hurstville Toastmasters Club

880.00

1,980.00

1,980.00

1,980.00

Inner Education Centre

0.00

2,080.00

100.00

-

International Community Fellowship

25,025.00

25,025.00

25,025.00

-

Kate McGuirk

0.00

1,500.00

1,500.00

-

Kincare Community Services Pty Ltd

0.00

720.00

720.00

-

Kingsgrove Community Aid

52,283.52

41,600.00

41,600.00

41,600.00

Lakemba Sports

0.00

12,735.00

12,735.00

-

Mental Health Professionals Network

160.00

80.00

80.00

80.00

Mukti-Gupteshwar Mandir

0.00

2,450.00

1,500.00

-

Peakhurst South Public School

0.00

8,415.00

4,072.50

4,072.00

Playgroups NSW

40.00

200.00

200.00

200.00

RAIN Inc - Indian Subcontinent Community Group

1,120.00

1,400.00

1,120.00

1,120.00

Rotary Club of Hurstville

17,525.00

17,612.50

17,612.50

17,612.50

St George Advocates for Children

2,100.00

840.00

840.00

840.00

St George Migrant Resource Centre

2,002.00

3,640.00

3,640.00

3,640.00

St George Readers Group

180.00

330.00

330.00

330.00

St George Christian School

0.00

2,318.75

2,318.75

-

The Walter Street Poets

1,080.00

1,080.00

1,080.00

1,080.00

 

* Please note that Fitness Now has a concessional rental pre-approved following a decision of Council on 19 October 2011. See CCL224-11 which approved a 10% reduction in the concessional rental applied each financial year until 2015-2016, inclusive.

 

If concessions are approved as listed above there remains $6,331.94 in the budget for ad hoc concessional rental applications during the financial year.

 

 

  


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL128-14        Concessional rental application - St George Youth Services 

Report Author/s

Manager Library Museum and Entertainment, Ms R Schulz

File

13/312

Previous Reports Referenced

No

Community Strategic Plan Pillar

Social and Cultural Development

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

Outside Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

Council received a request from St George Youth Services asking that Council provide a concessional rental up to the value of $280.00 for booking of Hurstville Entertainment Centre’s meeting room in May 2014.

 

AUTHOR RECOMMENDATION

THAT the application for a concessional rental for St George Youth Services be approved.

 

REPORT DETAIL

Council received a request from St George Youth Services asking that Council provide a concessional rental up to the value of $280.00 for booking of Hurstville Entertainment Centre’s meeting room in May 2014 for a website launch.

 

The overall budget for concessional rentals in 2013-2014 is $327,927. The following is a summary of all approved concessions for the 2013-2014 financial year following approval at Council meetings:

 

Council meeting date

Council meeting number

Organisation

Amount approved

Budget remaining

 

 

 

 

$327,927.00

 

12 June 2013

CCL169-13

Various - annual concessional rental program

$290,146.14

$  37,780.86

7 August 2013

NM047-13

Chinese Australian Services Society

$  11,060.00

$  26,720.86

7 August 2013

NM047-13

International Community Fellowship

$  25,025.00

$    1,695.86

4 September 2013

CCL277-13

Peakhurst Public School

$    5,805.00

-$   4,109.14

13 November 2013

CCL360 -13

Kogarah Community Centre

$          70.00

-$   4,179.14

13 November 2013

CCL361 -13

Autism Community Network

$        300.00

-$   4,479.14

13 November 2013

CCL362 -13

Pole Depot Neighbourhood Centre

$        380.00

-$   4,859.14

5 February 2014

CCL11-14

St George Youth Services

$        180.00

-$   5,039.14

 

To date, there is an over-expenditure of the budget, 4065 – Community rental subsidy, $5,039.14.  If this request is approved, the budget would be over-expended by $5,319.14.

 

St George Youth Services meet the majority of the priorities set out in the Concessional Rental Policy:

1.    Demonstrate a benefit to the communities within the Hurstville Local Government Area (LGA) – St George Youth Services indicate that the website is to provide information to people at risk of homelessness.

2.    Are located or provide services in the Hurstville LGA – St George Youth Services are a local organisation.

3.    Can demonstrate proof of their not-for-profit status – The group collects no income.

4.    Are able to pay a percentage of the booking fee – St George Youth Services requests 100% of the hire costs.

5.    Do not charge participants for their event – There is no charge for entry to this event.

6.    Place a tentative booking for the required space/facility in the Entertainment Centre or Hurstville City Library, Museum & Gallery booking systems – has a booking in the entertainment booking system.

7.    Provide a copy of their latest operating (income) statement and/or balance sheet.

8.    Provide relevant information about their organisation such as their aims and objectives, past projects etc

St George Youth Services writes:

“St George Youth Services is a non-profit community organisation providing FREE services for young people & their families in St George & Sutherland Shire.”

 

 

  


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL129-14        Youth Sponsorship Request - Mikaela Stevens 

Report Author/s

Governance Officer, Mr D Henkel

File

14/41

Previous Reports Referenced

No

Community Strategic Plan Pillar

Social and Cultural Development

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

Within Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

A request has been received from Miss Mikaela Stevens seeking youth sponsorship to assist in representing Australia in the Women’s Junior Volleyball Development and to participate in the U/21 Thailand National Championships.

 

AUTHOR RECOMMENDATION

THAT Council endorses the donation of $300 for Mikaela Stevens under the provisions of Section 356 of the Local Government Act 1993 from the Donations (Youth Sponsorship) program budget to to assist in representing Australia in  the Women’s Junior Volleyball Development and to participate in the U/21 Thailand National Championships.

 

FURTHER THAT Mikaela Stevens be requested to submit a report on the results achieved at the Women’s Junior Volleyball Development and the U/21 Thailand National Championships.

 

REPORT DETAIL

The following letter was received from Mrs Leanne Stevens on 10 April 2014:

 

I am writing to apply for youth sponsorship for my daughter Mikaela Stevens. We are residents of Hurstville City Council… and Mikaela is currently 15 years of age.

 

Mikaela has been selected to play volleyball in Thailand as part of the Australian Junior Women's Development program run by Volleyball Australia and we are seeking sponsorship to help her attend this event. The team will be completing specialised training at the Federation of International Volleyball Development Centre in Bangkok and then competing in the U/21 Thailand National Championships.  From the documentation you will see that she is the only athlete from NSW to be selected out of 33 athletes and is the 96/98 white team. 

 

Mikaela will be travelling from 23/4/2014 to 8/5/2014. 

 

A copy of the email confirming Miss Stevens’ Australian selection and a letter with full details of the tour was provided to Council with the above email but has not been attached to this report as it contains private information on other individuals.  Council Officers are satisfied of Miss Stevens’ qualification.

 

Mikaela Stevens is under 18 years of age and resides within the Hurstville City area.  The application meets the criteria outlined in the Youth Sponsorship Policy adopted by Council on 7 March 2012. This policy provides sporting, cultural, art and academic sponsorship, to enable individuals selected by governing or sponsoring body of a recognised competition or performance to participate subject to:

 

a)   the individual concerning being 18 years of age or under

b)   the individual being a resident of Hurstville City area

c)   the activity being a recognised regional, state, national or international competition or performance

d)   the individual being required to submit a report on the results achieved at the competition or performance notwithstanding whether the individual participated on an individual or team basis.

 

Council's policy provides for donations of up to $350 depending on the location of the event venue, to assist with expenses for competitions and exhibitions.  As this competition is being held interstate, Council's policy allows for a donation of $300 for Mikaela Stevens.  Miss Stevens has not received sponsorship from Council in the last 3 years.

 

Specific funding of $6000 has been made available in the 2013/2014 Adopted Program budget for Youth Sponsorship. 

 

 

  


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL130-14        Youth Sponsorship Request - Luke Woosnam 

Report Author/s

Governance Officer, Mr D Henkel

File

14/41

Previous Reports Referenced

No

Community Strategic Plan Pillar

Social and Cultural Development

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

Within Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

A request has been received from Luke Woosnam seeking youth sponsorship to assist in representing the NSW State Team in the National Trampoline Gymnastics Competition on 26 May 2014.

 

AUTHOR RECOMMENDATION

THAT Council endorses the donation of $300 for Luke Woosnam under the provisions of Section 356 of the Local Government Act 1993 from the Donations (Youth Sponsorship) program budget to to assist in representing the NSW State Team in the National Trampoline Gymnastics Competition on 26 May 2014.

 

FURTHER THAT Luke Woosnam be requested to submit a report on the results achieved at the National Trampoline Gymnastics Competition on 26 May 2014.

 

REPORT DETAIL

The following letter was received from Mrs Jackie Woosnam on 1 May 2014:

 

Our son Luke Woosnam is 10 years old and is in year 5 at Oatley West Public School. In January this year he joined the elite training squad at Altitude Gym Sports. Luke has been training with the squad for 2 hours 4 times a week.

 

In April, Luke was selected for the NSW team that will compete at the National competition in Melbourne on May 26 – June 2, 2014... The costs involved for Luke to attend this competition and very high and we would be grateful for any assistance you could provide via a grant.

 

We have attached a letter from Gymnastics NSW to verify the information above.

 

Kind regards,

 

Jackie Woosnam

 

Luke Woosnam is under 18 years of age and resides within the Hurstville City area.  The application meets the criteria outlined in the Youth Sponsorship Policy adopted by Council on 7 March 2012. This policy provides sporting, cultural, art and academic sponsorship, to enable individuals selected by governing or sponsoring body of a recognised competition or performance to participate subject to:

 

a)   the individual concerning being 18 years of age or under

b)   the individual being a resident of Hurstville City area

c)   the activity being a recognised regional, state, national or international competition or performance

d)   the individual being required to submit a report on the results achieved at the competition or performance notwithstanding whether the individual participated on an individual or team basis.

 

Council's policy provides for donations of up to $350 depending on the location of the event venue, to assist with expenses for competitions and exhibitions.  As this competition is being held in interstate, Council's policy allows for a donation of $300 for Luke Woosnam.  Luke has not received sponsorship from Council in the last 3 years.

 

Specific funding of $6000 has been made available in the 2013/2014 Adopted Program budget for Youth Sponsorship. 

 

 

APPENDICES

Appendix View1

Youth Sponsorship - Trampoline Gymnastics Competition

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL130-14             Youth Sponsorship Request - Luke Woosnam

[Appendix 1]           Youth Sponsorship - Trampoline Gymnastics Competition


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL131-14        Youth Sponsorship Request - Phoebe Au 

Report Author/s

Governance Officer, Mr D Henkel

File

14/41

Previous Reports Referenced

No

Community Strategic Plan Pillar

Social and Cultural Development

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

Within Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

A request has been received from Miss Phoebe Au seeking youth sponsorship to assist in representing Australia in the FISAC-IRSF Rope Skipping Youth Tournament Competition in Hong Kong during August 2014.

 

AUTHOR RECOMMENDATION

THAT Council endorses the donation of $350 for Phoebe Au under the provisions of Section 356 of the Local Government Act 1993 from the Donations (Youth Sponsorship) program budget to to assist in representing Australia at the FISAC-IRSF Rope Skipping Youth Tournament Competition.

 

FURTHER THAT Phoebe Au be requested to submit a report on the results achieved at the FISAC-IRSF Rope Skipping Youth Tournament Competition.

 

REPORT DETAIL

The following letter was received from Miss Phoebe Au on 26 April 2014:

 

My name is Phoebe and I am currently 15, turning 16 later this year. I am writing to you regarding a youth sponsorship to assist with costs for a skipping (jump rope) competition overseas.

 

This competition aims to promote skipping as a fitness activity and to introduce the sport of skipping to others, as the sport is not very well known. I have qualified to represent Australia in the FISAC-IRSF rope skipping youth tournament competition in Hong Kong later this year. FISAC stands for “Federation Internationale de saut a la Corde” and IRSF stands for ‘International Rope Skipping Federation”. The competition will be held at Hong Kong and runs from the 27th of July till the 5th of August. The competition is divided into two parts, which consists of the youth tournament first, then the world championships. I will be participating in the youth tournament and be competing against skippers from all around the world.

 

The costs of the uniforms are around $300 and the package, which only includes accommodation, linens, meals, registration and souvenirs, costs $910. This does not include airfares yet. Therefore the cost of attending this competition is quite high, which is why I would be highly grateful if my application for the youth sponsorship is successful.

 

I also do skipping as part of the Jump Rope Heart Foundation. I go to St George Christian School, which is also where I also train for skipping. My coach is Karen Binns and she can be contacted through her email, which is karen.binns@sgcs.nsw.edu.au.

 

Sincerely,

 

Phoebe Au

 

Phoebe Au is under 18 years of age and resides within the Hurstville City area.  The application meets the criteria outlined in the Youth Sponsorship Policy adopted by Council on 7 March 2012. This policy provides sporting, cultural, art and academic sponsorship, to enable individuals selected by governing or sponsoring body of a recognised competition or performance to participate subject to:

 

a)   the individual concerning being 18 years of age or under

b)   the individual being a resident of Hurstville City area

c)   the activity being a recognised regional, state, national or international competition or performance

d)   the individual being required to submit a report on the results achieved at the competition or performance notwithstanding whether the individual participated on an individual or team basis.

 

Council's policy provides for donations of up to $350 depending on the location of the event venue, to assist with expenses for competitions and exhibitions.  As this competition is being held in Hong Kong, Council's policy allows for a donation of $350 for Phoebe Au.  Miss Au has not received sponsorship from Council in the last 3 years.

 

Specific funding of $6000 has been made available in the 2013/2014 Adopted Program budget for Youth Sponsorship. 

 

 

  


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL132-14        Request for Funding - 2014 Lugarno Spring Fair 

Report Author/s

Sport and Recreation Officer, Ms C Irwin

File

14/375

Previous Reports Referenced

No

Community Strategic Plan Pillar

Social and Cultural Development

Existing Policy?

No

New Policy Required?

No

Financial Implications

Within Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

The Lions Club of Lugarno is requesting the support of Council in holding the 35th Spring Festival in Gannons Park on Sunday, Sunday 21 September 2014.

 

AUTHOR RECOMMENDATION

THAT the Lions Club of Lugarno be permitted to use Gannons Park from Thursday 18 September to Saturday 20 September for set-up (provided schools and seasonal users are contacted and set-up is around existing bookings) and all day Sunday 21st September 2014 being the Festival Day.

 

THAT the Lions Club of Lugarno forward details of the all amusement devices to be erected and evidence that the amusement devices are registered under the Work and Safety Regulation 2011. In addition that a copy of the Amusement Operators contract of insurance/and or indemnity which Indemnifies Council of any liability being in the amount of not less than $10millon be supplied to Council.

 

THAT the Lions Club of Hurstville supply Council with a copy of their contract of insurance/and or indemnity which Indemnifies Council of any liability, this should be in the amount of not less than $10millon.

 

THAT Council provide four staff members to service the toilets and empty bins on the festival day.

 

THAT Council waive the park hire fee, but impose a damage deposit of $1,000.

 

THAT Council provide the Lions Club of Lugarno with all requested materials and services with the exception of advertising, to be funded from the Parks Miscellaneous and Community Budget.

 

THAT the provision of the requested materials and services be on the condition that Council receives appropriate recognition on all promotional material and advertising associated with the event and that the Lions Club is notified of this requirement.

 

THAT the Lions Club of Hurstville contact Council’s Environmental Health Officer as soon as possible to advise of food stalls and vendors.

 

THAT permission be granted to use the middle section of Gannons Park between Ernest Street and Vale Lane to accommodate overflow parking.

 

THAT Council cover the cost of hire of three (3) marquees including tables and chairs, to be used in the dining section to be setup in the park, to an amount of $7,000.

 

FURTHER THAT Council reserves the right to withdraw this authority in the event of prolonged inclement weather.

 

REPORT DETAIL

Council has received representations from Lions Club of Lugarno requesting Council’s assistance in their annual Spring Fair. Lions Club of Lugarno has requested the following items from Council:

 

Item

Cost

Concessional rental of Gannons Park x 2 days

$800.00

Four HCC staff to clean toilets and empty bins

$1,980.00

17 x Fresh water flush portable toilets

$3,900.00

2 x portable disabled toilets

$800.00

100 Sulo Bins plus 300 bin liners

$907.00

2 x quiet 50- 74 KVA Generators with surrounding fencing

$1,500.00

100 Witches hats

$430.00

100 star pickets

$500.00

200 metres parrawebbing

$120.00

100 Traffic barricades

$3,400.00

200 barricade legs

$1,750.00

300 cable ties

$25.00

Donation to cover cost of 3 x Marquees, tables and chairs for dining areas

$7,000.00

Electrical contractor costs

$260.00

 

 

Total Cost of Donation

$23,372.00

Budget for 2014/15 Parks Concessional Rental

$30,000.00

 

The Lions Club of Lugarno has also requested Council’s support with the following:

·    Access to all power & light boxes around the ground

·    Access to all toilets (including the Vale Lane toilets) and gates.

·    All lights around the ground to have their timers changed so that they are on for all of Saturday night and till 10pm on Sunday night.

·    Arrange temporary entrances onto the park from the Boatwright and Isaac car parks.

·    That the road between the upper and middle portion of the park be watered twice during Sunday 22 September to suppress the dust.

·    That Council lodge an advertisement in The St George Leader on Council’s website with a map of the parking entry points in the weeks leading up to the event

 

It is recommended that Council again provide the support with the exception of advertising, to be funded from the “Parks and Miscellaneous Community Budget”.

 

It is suggested that Lions Club of Lugarno apply for Hurstville City Council’s Community Grant Program to cover the cost of advertising.

 

It should be noted that, if approved, only $6,628 will be remaining in the 2014/2015 Parks Concessional Rental Budget for the year.

 

 

  


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL133-14        Request for Additional Funding - Construction of Amenities Building at Penshurst Park 

Report Author/s

Manager Engineering Services, Mrs M Whitehurst

File

11/1014

Previous Reports Referenced

No

Community Strategic Plan Pillar

Social and Cultural Development

Existing Policy?

No

New Policy Required?

No

Financial Implications

Outside Budget

Reason for Report

For Consideration

 

EXECUTIVE SUMMARY

This report is presented to Council to table a request for funding from Hurstville Glory Soccer Club for the construction of their new amenities building at Penshurst Park.

 

AUTHOR RECOMMENDATION

For Council’s consideration.

 

REPORT DETAIL

Council has received representations from Hurstville Glory Soccer Club requesting additional funds for the construction of the new amenities and canteen at Penshurst Park.

 

Councillors will recall that at its meeting on 12 December 2012 it resolved:

“THAT Council allocates $75,000 from Working Capital Surplus for the demolition of the existing toilet block and construction of the canteen and amenities block at Penshurst Park.”

 

Furthermore, at its meeting on 4 September 2013 Council resolved to donate an additional $40,000 to the project.

 

The original project costs were estimated by Hurstville Glory Soccer Club at $250,800 (including GST) with costs to be funded as follows:

·    Hurstville City Council                                                                          $115,000

·    State Government Community Building Partnership Grant    $  65,000

·    Hurstville Glory Soccer Club                                                                $  10,000

·    Total Funds for project                                                                         $190,000

 

·    Shortfall                                                                                                  $  60,800

 

Hurstville Glory Soccer Club has stated that they have a shortfall of $70,800 (excluding their contribution of $10,000) and are seeking a contribution from Council to complete the project.

 

An inspection by Council Officers indicates that 70% of the exterior works have been completed.

 

It should be noted that all Infrastructure Plus funding has been allocated for the 2013/2014 and 2014/2015 financial years.

 

 

APPENDICES

Appendix View1

Request for Funding - Hurstville Glory Soccer Club

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL133-14             Request for Additional Funding - Construction of Amenities Building at Penshurst Park

[Appendix 1]           Request for Funding - Hurstville Glory Soccer Club

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Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL134-14        2013 Sport and Recreation Facility Funding for Charles Street Reserve 

Report Author/s

Manager Engineering Services, Mrs M Whitehurst

File

13/958

Previous Reports Referenced

CCL187-13 - 2013 NSW Government Community Building Partnership Funding - Council - 03 Jul 2013 7:00pm

Community Strategic Plan Pillar

Social and Cultural Development

Existing Policy?

No

New Policy Required?

No

Financial Implications

Outside Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

This report is presented to Council to accept the funding from the 2013 Sport and Recreation Facility Fund to upgrade the children’s playground at Charles Street Reserve.

 

AUTHOR RECOMMENDATION

THAT Council accept $25,000 from the 2013 Sport and Recreation Facility Fund to assist with the installation of a children’s bike track, rubber softfall and shade structure over the playground in Charles Street Reserve.

 

FURTHER THAT Council allocate $50,000 from the 2014/2015 Penshurst Ward Revenue Works Program to assist in the upgrading of this facility.

 

REPORT DETAIL

The Sport and Recreation Facility Program provides increased opportunities for participation in sport and recreation, and assists with the funding for the development of local and regional level sport and recreation facilities in NSW.

 

Council will recall that at its meeting on 3 July 2013, Council resolved to submit a funding application for the construction of a bike track, and the installation of a shade structure and rubber softfall at the Charles Reserve Playground.  $25,000 was sought under the 2013 Sport and Recreation Facility Fund with Council being required to at least match their approved grant amount with funding from their own source.

 

A review of the proposal by Council Officers sought to enhance the existing playground with the installation of rubber softfall, construction of a children’s bike path and installation of a shade structure.  The existing playground equipment will be retained as part of the park upgrade; however the total cost of these works is approximately $75,000.

 

Accordingly, it is recommended that the $50,000 shortfall for this project be funded from the 2014/2015 Penshurst Ward Revenue Works Program.  Penshurst Ward Councillors have agreed to this proposal.

 

 

APPENDICES

Appendix View1

NSW Sport & Recreation Notification Letter

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL134-14             2013 Sport and Recreation Facility Funding for Charles Street Reserve

[Appendix 1]           NSW Sport & Recreation Notification Letter


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL135-14        Request for Funding for Upgrade of Pole Depot Community Centre 

Report Author/s

Manager Engineering Services, Mrs M Whitehurst

File

11/520

Previous Reports Referenced

No

Community Strategic Plan Pillar

Civic Leadership

Existing Policy?

No

New Policy Required?

No

Financial Implications

Outside Budget

Reason for Report

For Consideration

 

EXECUTIVE SUMMARY

This report is presented to Council to table a request for funding from Pole Depot Community Centre for the upgrade of their building at 23 St Georges Road, Penshurst.

 

AUTHOR RECOMMENDATION

For Council consideration.

 

REPORT DETAIL

Council has received representations from Pole Depot Community Centre seeking financial assistance to upgrade their building at 23 St Georges Road, Penshurst.

 

A proposal for the new building includes the provision of an additional 615m2 comprising the following elements

·    Extending existing centre to incorporate a large community hall

·    Meeting room

·    Toilets

·    Kitchen

·    Counselling rooms

It has been noted by Pole Depot’s Planner that the existing parking facility does not meet Australian Standards. 

 

A review by Council Officers has highlighted that the current parking area does not meet the Australian Standards in terms of parking space lengths and widths, aisle widths and disability parking spaces (both location and dimensions). 

 

Furthermore, the proposed new car park configuration encroaches on Council’s parkland (to the affect of 180 square metres) impacting on the existing Plan of Management for the site.

 

At present Pole Depot Community Centre has secured the following funding for the project:

·    $500,000         Commonwealth Government Grant

·    $40,000            NSW Government Community Building Partnership program

·    $150,000         Member for Oatley

·    $200,000         Pole Depot Community Services

 

Pole Depot Community Services are seeking funding from Council as follows:

·    $130,000         Cost of improving existing car park to meet Australian Standards; plus

·    $257,000         Relocation of existing toilets in northern playground; plus

·    Contribution to the building works

 

The Pole Depot Community Services have stated that they believe that Council should assume responsibility for ensuring that the car park meets the Australian Standards.

 

With regard to the building works, three (3) options have been provided to Council:

Option 1:   Full development (as per plans) including toilet relocation, car park and internal works to existing building

Funding required by Council for Option 1 = $1.220 million

 

Option 2:   Full development (as per plans), toilets to be excluded from the proposal, car park improvements and internal works to existing building

Funding required by Council for Option 2 = $1.014 million

 

Option 3:   Reduced development involving a single story development, no toilet relocation, carp park improvements and internal works to existing building

Funding required by Council for Option 3 = $232,000

 

**Option 3 is dependent on a $130,000 contribution from Council to cover the car park, $20,000 for the toilet refurbishment and between $80,000 to $90,000 for the building costs.

 

It should be noted that land owner’s consent for the development application has not been granted by Council as yet and that if any funding was approved then this does not grant any approvals by Council.

 

The proposal (including preliminary plans) has been provided for information.

 

 

APPENDICES

Appendix View1

Request for Financial Assistance - Pole Depot Community Services

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL135-14             Request for Funding for Upgrade of Pole Depot Community Centre

[Appendix 1]           Request for Financial Assistance - Pole Depot Community Services


 


 


 


 


 


 


 


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL135-14             Request for Funding for Upgrade of Pole Depot Community Centre

[Appendix 1]           Request for Financial Assistance - Pole Depot Community Services


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL135-14             Request for Funding for Upgrade of Pole Depot Community Centre

[Appendix 1]           Request for Financial Assistance - Pole Depot Community Services


 


 


 


 


 


 


 


 


 


 


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL135-14             Request for Funding for Upgrade of Pole Depot Community Centre

[Appendix 1]           Request for Financial Assistance - Pole Depot Community Services


 


 


 


 


 


 


 


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL136-14        Invitation - The Pole Depot Annual Fundraiser 2014 

Report Author/s

Manager Corporate Governance and Records, Mrs K Garske

File

14/39

Previous Reports Referenced

No

Community Strategic Plan Pillar

Civic Leadership

Existing Policy?

No

New Policy Required?

No

Financial Implications

Within Budget

Reason for Report

For Consideration

 

EXECUTIVE SUMMARY

Hurstville City Council has received an invitation to attend The Pole Depot’s Annual Fundraising event, on Wednesday 4 June 2014.  As there is a Council Meeting scheduled for the same night, the matter is referred to Council for consideration.        

 

AUTHOR RECOMMENDATION

For Council consideration.

 

REPORT DETAIL

Hurstville City Council has received an invitation to attend The Pole Depot’s Annual Fundraising event, on Wednesday 4 June 2014.  The theme is “Hot August Night” and the venue is Gardens on Forest, Peakhurst.  The invitation (attached) notes that “Funds raised will increase ‘get together’ and ‘leisure time options’ for young adults living with disability”.

 

Hurstville City Council has customarily supported The Pole Depot’s annual fundraising dinner with the purchase of a table, however this year the event’s date coincides with a scheduled Council Meeting on 4 June 2014.  Should Council wish to support the event through a donation, a budget amount of $2183 remains in the Additional Donations Budget which may be used for this purpose.

 

 

APPENDICES

Appendix View1

Invitation - The Pole Depot Fundraiser

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL136-14             Invitation - The Pole Depot Annual Fundraiser 2014

[Appendix 1]           Invitation - The Pole Depot Fundraiser


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL137-14        Invitation - Kogarah Mayoral Ball 

Report Author/s

Manager Corporate Governance and Records, Mrs K Garske

File

14/40

Previous Reports Referenced

No

Community Strategic Plan Pillar

Civic Leadership

Existing Policy?

No

New Policy Required?

No

Financial Implications

Within Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

Hurstville City Council has received an invitation to sponsor the Kogarah City Council Mayoral Ball on Saturday 19 July 2014.  The event is being held on behalf of Motor Neurone Disease NSW.  It is recommended that Council purchase a table to the event.

 

AUTHOR RECOMMENDATION

THAT Hurstville City Council purchase a table of eight to the Kogarah City Council Mayoral Ball 2014.

 

FURTHER THAT interested Councillors and staff approved by the General Manager be authorised to attend on behalf of Council.

 

REPORT DETAIL

Hurstville City Council has received an invitation to again sponsor the Kogarah City Council Mayoral Ball in 2014.  The event is being held on behalf of Motor Neurone Disease NSW and is to be held in the Museum of Contemporary Art on Saturday 19 July.

 

The Mayor of Kogarah City, Councillor S Agius, notes in the sponsorship package (attached) “The Motor Neurone Disease Association is the only registered, charitable, not-for-profit organisation in NSW providing support for people diagnosed with MND, their families and carers. Motor neurone disease (MND) is the name given to a group of diseases in which the nerve cells controlling the muscles that enable us to move, speak, breathe and swallow undergo degeneration and die.”

 

Hurstville City Council customarily supports the Kogarah City Council Mayoral Ball with the purchase of a table to the event and Kogarah City Council supports Hurstville’s Mayoral Ball each year in the same manner.  While Council has been provided with the full Sponsorship package, it is recommended that Council continue with the standard purchase of a table, at a cost of $1600.  Should Council wish to do so, an amount of $2183 remains in the Additional Donations budget which may be used for this purpose.

 

 

APPENDICES

Appendix View1

Sponsorship of Kogarah Mayoral Ball for Motor Neurone Disease

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL137-14             Invitation - Kogarah Mayoral Ball

[Appendix 1]           Sponsorship of Kogarah Mayoral Ball for Motor Neurone Disease


 


 


 


 


 


 


 


 


 


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL138-14        Request for Sponsorship - Recreation Sports and Aquatics Club Annual Presentation Day 2014 

Report Author/s

Manager Corporate Governance and Records, Mrs K Garske

File

14/14

Previous Reports Referenced

No

Community Strategic Plan Pillar

Social and Cultural Development

Existing Policy?

No

New Policy Required?

No

Financial Implications

Within Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

Hurstville City Council has received a request to sponsor the Soccer Awards for the Annual Presentation Day of the Recreation Sports and Aquatics Club (RSAC) on Sunday 22 June 2014.  The sponsorship includes an invitation for up to four people at attend.

 

AUTHOR RECOMMENDATION

THAT Council provides $750 sponsorship for the Soccer Awards of the Annual RSAC Presentation Day.

 

REPORT DETAIL

Hurstville City Council has received a request to sponsor the Soccer Awards for the Annual Presentation Day of the Recreation Sports and Aquatics Club (RSAC) on Sunday 22 June 2014.  The Executive Officer of the Recreation Sports and Aquatics Club, Ms Jenny Bombadieri notes in her letter (attached):

 

“RSAC provides recreation, sport and social activities as well as a range of other opportunities for people with disability in the local community, and provides support for carers and families. Some 1,000 people receive services and attend our programs each year, including at Hurstville Aquatic Centre, Hurstville Stadium and Peakhurst Public School.”

 

Hurstville City Council has supported the Presentation Day previously.  Sponsorship of the Soccer Awards, including an invitation to the event, and recognition of Council as a sponsor (see Appendix) is $750.  Should Councillors wish to sponsor the Presentation Day, funds can be allocated from Community and Charitable events.

 

 

APPENDICES

Appendix View1

Request for sponsorship - RSAC Annual Presentation Day 2014

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL138-14             Request for Sponsorship - Recreation Sports and Aquatics Club Annual Presentation Day 2014

[Appendix 1]           Request for sponsorship - RSAC Annual Presentation Day 2014


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL138-14             Request for Sponsorship - Recreation Sports and Aquatics Club Annual Presentation Day 2014

[Appendix 1]           Request for sponsorship - RSAC Annual Presentation Day 2014


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL138-14             Request for Sponsorship - Recreation Sports and Aquatics Club Annual Presentation Day 2014

[Appendix 1]           Request for sponsorship - RSAC Annual Presentation Day 2014


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL138-14             Request for Sponsorship - Recreation Sports and Aquatics Club Annual Presentation Day 2014

[Appendix 1]           Request for sponsorship - RSAC Annual Presentation Day 2014


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL139-14        Mayor and Councillors Fees 2014-2015 

Report Author/s

Manager Corporate Governance and Records, Mrs K Garske

File

11/1129-2

Previous Reports Referenced

No

Community Strategic Plan Pillar

Civic Leadership

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

Within Budget

Reason for Report

For Consideration

 

EXECUTIVE SUMMARY

Councils are required to fix fees for Councillors and Mayors on a financial year basis following determination by the Local Government Remuneration Tribunal.

 

The Local Government Remuneration Tribunal determined on 24 April 2014 that a 2.5% increase in allowances for Mayors and Councillors should be granted for the 2014/15 financial year.

 

Hurstville City Council is within the Category - Metropolitan Centres and has generally paid the maximum allowance as determined by the Local Government Remuneration Tribunal.

 

AUTHOR RECOMMENDATION

THAT the matter be considered by Council.

 

FURTHER THAT the draft 2014/15 Budget be amended to take into account Council’s decision.

 

REPORT DETAIL

Under the provisions of the Local Government Act 1993 Councils are required (Sections 248 and 249) to fix the Councillors and Mayoral Fees on an annual basis for the period 1st July to the subsequent 30th June following an appropriate determination by the Local Government Remuneration Tribunal.

 

The Local Government Remuneration Tribunal determined on 24 April 2014 that a 2.5% increase in allowances for Mayors and Councillors should be granted for the 2014/15 financial year.

 

Hurstville City Council is within the Category - Metropolitan Centres and the minimum / maximum fees are as follows:

Councillors        - $12,210 - $22,800

Mayor                - $25,950 - $60,580 (in addition to the Councillor allowance)

 

Council has previously resolved to adopt the maximum fee for allowances for the Mayor and Councillors as provided by the Local Government Remuneration Tribunal.

 

When drafting the Budget for 2014/15 a 5% increase in budget was made to address a potential increase in allowances.  As the allowances have been limited to a 2.5% increase the Draft Budget 2014/15 will be amended to take into account the savings before adoption on 30 May 2014 to reflect the allowance to be adopted by Council.

 

Having regard to the above, the Council now needs to make a decision on the level of the Allowances it will pay for the Mayor and Councillors to commence from 1st July 2014.

 

In connection with the payment of a fee to the Deputy Mayor when acting as Mayor, Section 249(5) of the Act deals with this question and is in the following terms:

"A Council may pay the Deputy Mayor (if there is one) a fee determined by the Council for such time as the Deputy Mayor acts in the office of the Mayor.  The amount of the fee so paid must be deducted from the Mayor's annual fee."

 

Therefore, if the Council desires to pay the Deputy Mayor a fee it would appear that it must determine the amount each time the Deputy Mayor acts in the office of the Mayor with any such fee being paid from the Mayoral fee unless a daily fee is struck by the Council.

 

The matter is now referred for Council consideration.

 

 

  


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL140-14        Civic Office Expenses Policy Review 2014 

Report Author/s

Manager Corporate Governance and Records, Mrs K Garske

File

14/506

Previous Reports Referenced

No

Community Strategic Plan Pillar

Civic Leadership

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

Within Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

In accordance with the Local Government Act S252, the Civic Office Expenses Policy must be reviewed within 5 months after the end of each financial year. S253 also outlines the requirements before adopting a Policy.

 

The current Policy was adopted by Council on 7 August 2013 for the 2013/14 financial year. As Council is required to adopt a Policy within 5 months of the end of each financial year the Policy is now resubmitted to Council and the opportunity has been taken to make some minor amendments.

 

The draft Civic Office Expenses Policy for 2014/2015 is submitted to Council now to ensure the draft Policy can be advertised and reconsidered with any comments prior to adoption early in the new financial year and to meet the legislative timeframes.

 

AUTHOR RECOMMENDATION

THAT the draft Civic Office Expenses Policy 2014/2015, be approved for exhibition as submitted (with any amendments made at the Council Meeting) in accordance with S253 of the Local Government Act.

 

FURTHER THAT following exhibition the matter be reconsidered by Council with any submissions received.

 

REPORT DETAIL

In accordance with the Local Government Act S252, the Civic Office Expenses Policy must be reviewed within 5 months after the end of each financial year. S253 also outlines the requirements before adopting a Policy.

 

252  Payment of expenses and provision of facilities

(1)    Within 5 months after the end of each year, a council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor (if there is one) and the other councillors in relation to discharging the functions of civic office.

(2)    The policy may provide for fees payable under this Division to be reduced by an amount representing the private benefit to the mayor or a councillor of a facility provided by the council to the mayor or councillor.

(3)    A council must not pay any expenses incurred or to be incurred by, or provide any facilities to, the mayor, the deputy mayor (if there is one) or a councillor otherwise than in accordance with a policy under this section.

 

253  Requirements before policy concerning expenses and facilities can be adopted or amended

(1)    A council must give public notice of its intention to adopt or amend a policy for the payment of expenses or provision of facilities allowing at least 28 days for the making of public submissions.

(2)    Before adopting or amending the policy, the council must consider any submissions made within the time allowed for submissions and make any appropriate changes to the draft policy or amendment.

(3)    Despite subsections (1) and (2), a council need not give public notice of a proposed amendment to its policy for the payment of expenses or provision of facilities if the council is of the opinion that the proposed amendment is not substantial.

(4)    Within 28 days after adopting a policy or making an amendment to a policy for which public notice is required to be given under this section, a council is to forward to the Director-General:

(a)    a copy of the policy or amendment together with details of all submissions received in accordance with subsection (1), and

(b)    a statement setting out, for each submission, the council’s response to the submission and the reasons for the council’s response, and

(c)     a copy of the notice given under subsection (1).

(5)    A council must comply with this section when proposing to adopt a policy each year in accordance with section 252 (1) even if the council proposes to adopt a policy that is the same as its existing policy.

 

To assist Councillors in their deliberations, attached is Division of Local Government (DLG) Circular 09-36 and the DLG’s Guidelines dated October 2009 in relation to Civic Office Expenses Policies.

 

The draft Policy should be publicly advertised in accordance with S253 of the LGA for a period of not less than 28 days.

 

The current Civic Office Expenses Policy with suggested amendments is shown as follows:

Blue = Insert

Text = Delete

 

A summary of the proposed changes to the Policy are outlined below:

Section

Heading

Comment

9

Reimbursement and Reconciliation of Expenses

Clarification of the requirement for original receipts and expense claims to be made within the same financial year as the expense is incurred.

12

Accommodation

Clarification of the commencement for provision of accommodation when attending conferences.

Expenses (including Sustenance Allowance)

CPI increase to allowances when attending conferences.

Clarification of the requirement for original receipts when claiming expenses.

14

Local Travel Arrangements and Expenses

Deletion of reference to Use of Councillor’s Car Policy (A Councillor’s Car is no longer provided, ref CCL180-13, 12 June 2013)

Overseas Travel

Addition of Disclosure of Interest Returns under S 449 of the Local Government Act 1993.

Electronic Communication Packages

Deletion of superfluous date initially set for costing of Communication Packages.

Clarification of the requirement for original receipts and expense claims to be made within the same financial year as the expense is incurred when claiming for Communication Packages.

Clarification of replacement cycle (dependant on the purchase date rather than arbitrary date)

Addition of data costs being attributed to a Councillor’s allowance when incurred.

Care and other Related Expenses

Addition of requirements to advise Council of child care benefit / rebate when claiming the allowance.

18

Acquisition and Returning of Equipment and Facilities by Councillors

Addition of accounting standards for return of equipment purchased under the DIY Option.

20

Code of Conduct

Inclusion of reference to clause 7 of Hurstville City Council’s Code of Conduct.

23

Reimbursement Claim or Reconciliation Procedures

Clarification of the requirement for original receipts within the Claim procedure.

Appendix

Sustenance Declaration Form - Reconciliation of Advance

Updates as noted above – requirement for provision of original receipts, update of allowance amounts and change to show “50% of full day” on form.

Reimbursement of Expenses (Carer, etc))

Updates as noted above – requirement for provision of original receipts claimed within financial year and childcare benefit statement

Reimbursement of Expenses (Councillors)

Updates as noted above – requirement for provision of original receipts and claimed within financial year

Taxi Charge Acquittal form

Clarification of the requirement to state the purpose for use of Taxi.

 

It should be noted that general amendments have been made such as amending “Local Government and Shires Association” to “Local Government NSW”.

 

Conclusion

The matter is now submitted to Council for consideration.  Councillors may also wish to suggest other changes which can be incorporated into the advertised version of the draft Policy.

 

 

APPENDICES

Appendix View1

Draft Civic Office Expenses Policy 2014

Appendix View2

DLG Circular 09-36

Appendix View3

DLG Guidelines - Civic Office Expenses

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL140-14             Civic Office Expenses Policy Review 2014

[Appendix 1]           Draft Civic Office Expenses Policy 2014


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL140-14             Civic Office Expenses Policy Review 2014

[Appendix 1]           Draft Civic Office Expenses Policy 2014


 


 


 


 


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL140-14             Civic Office Expenses Policy Review 2014

[Appendix 2]           DLG Circular 09-36


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL140-14             Civic Office Expenses Policy Review 2014

[Appendix 3]           DLG Guidelines - Civic Office Expenses


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL141-14        Hurstville Aquatic Leisure Centre - Celebration of 1 Million Visitors 

Report Author/s

Manager Engineering Services, Mrs M Whitehurst

File

13/695

Previous Reports Referenced

No

Community Strategic Plan Pillar

Social and Cultural Development

Existing Policy?

No

New Policy Required?

No

Financial Implications

Outside Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

This report is presented to Council to seek approval to host an Open Day at the Hurstville Aquatic Leisure Centre to celebrate the one millionth visitor.

 

AUTHOR RECOMMENDATION

THAT Council host an Open Day at Hurstville Aquatic Leisure Centre on Sunday 29 June 2014 between 10am and 2pm to celebrate the one millionth visitor to the Centre.

 

THAT the one millionth visitor be presented with two (2) adult yearly gym memberships and free swimming lessons for one (1) year for two (2) children.

 

FURTHER THAT the cost of the event and prize be funded by Working Funds Surplus.

 

REPORT DETAIL

The Hurstville Aquatic Leisure Centre has had increased patronage since the completion of the renovation works in June 2012.  A review of historical data is outlined below:

·    2009-2010       647,828

·    2010-2011       795,843

·    2011-2012       762,646

·    2012-2013       862,393

 

From 1 July 2013 to 30 April 2014, 811,923 patrons had visited the Hurstville Aquatic Leisure Centre.  As such, the centre is projected to reach its one millionth visitor in June 2014.

 

A summary of monthly attendance is outlined below:

 

To celebrate this significant milestone, it is proposed that Hurstville City Council host an Open Day on Sunday 29 June 2014 between 10am to 2pm.

 

The Open Day will allow free entry into the Centre, with Council hosting a free sausage sizzle for all patrons.  In addition, it is recommended that the one millionth visitor be presented with two (2) adult yearly gym memberships and free swimming lessons for one (1) year for two (2) children.

 

Council Officers have liaised with BlueFit Pty Ltd regarding this event, who has agreed to assist Council in providing facepainting and entertainment on the day.  BlueFit Pty Ltd will also assist with the running of the event on the day.

 

A cost breakdown for the proposed event is as follows:

·    Catering and Staffing costs                                                                 = $5,000

·    Two (Adult) Annual Gym Memberships                                              = $2,000

·    Free swimming lessons for one (1) year for two (2) children = $1,500

·    Total Cost of Event                                                                               = $8,500

 

Advertising for the event will be undertaken via Council’s website and Facebook page as well as the weekly Leader column.  BlueFit will also advertise to all members and patrons via their membership databases and social media.

 

It is recommended that if approved, the cost of the Open Day to Council be funded from Working Funds Surplus.

 

 

  


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL142-14        Hurstville Oval - First Grade Ground of the Year 2013-2014 

Report Author/s

Manager Engineering Services, Mrs M Whitehurst

File

14/670

Previous Reports Referenced

No

Community Strategic Plan Pillar

Environmental Sustainability

Existing Policy?

No

New Policy Required?

No

Financial Implications

Within Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

This report is presented to inform Council that Hurstville Oval has been awarded 1st Place in the Sydney Cricket Association Inc First Grade Ground of the Year Competition.

 

AUTHOR RECOMMENDATION

THAT Council make an ex-gratia payment to Mr Lewis to the amount of $1,000 awarded to him by the Sydney Cricket Association Inc.

 

FURTHER THAT Council congratulate the Hurstville Oval Ground Staff for their achievement in gaining Sydney Cricket Association Inc First Grade Ground of the Year Competition.

 

REPORT DETAIL

The Sydney Cricket Association Inc First Grade Ground of the Year Competition awards are made to acknowledge the important contribution of ground staff to the success of the Grade competitions, with officiating umpires assessing every ground on every match day during the season.

 

At its annual Premier’s Dinner the following Awards were presented:

1st Place              Hurstville Oval    (212.25 points)

2nd Place            Waverly Oval      (195.65 points)

3rd Place             Old Kings Oval   (193.55 points)

 

At the Awards Ceremony, Cricket NSW Chief Executive, Andrew Jones, congratulated all of the clubs and players on a tremendous season.

“We are extremely proud of the Sydney Grade competition and the quality of players it produces. It is a terrific arena for young aspiring First Class cricketers to polish their skills, and I congratulate all of the clubs, administrators and players for their dedication,” he said.

“We also thank all of the councils, universities and groundsmen who provide such wonderful facilities week-to-week in sometimes trying conditions,” he added.

 

Mr Jones also noted that “Hurstville Oval was voted as the First Grade Ground of Year after edging out Waverley Oval. 2013/14 saw Hurstville Oval host the First Grade Grand Final between Sydney University and Bankstown, while it also featured during the 2013/14 RYOBI One Day Cup when the NSW Blues took on Western Australia.”

 

This award carries with it a monetary amount of $1000, with the recipient being the Superintendent of the Oval, Mr Adam Lewis.  Mr Lewis subsequently forwarded the cheque to Council, in the interests of ensuring compliance with Council's Code of Conduct which specifically addresses "Gifts and Benefits", and also to ensure transparency in what is a completely legitimate and well deserved performance reward.

 

Council may now wish to make an ex-gratia payment to Mr Lewis in appreciation of the effort he has put in and the resulting positive promotion of Hurstville City Council.

 

Council’s Internal Ombudsman has provided the following advice:

Council officials are strictly prohibited under the Code of Conduct and our Gifts and Benefits Policy from accepting money (cash or gift card) on any occasion and no matter what the circumstances. As in previous years when an individual has won the award and the amount is forwarded to Council and Council then decides to make an ex-gratia payment in recognition of the efforts of the individual then this overcomes any perception or any suspicion of misconduct by the employee and would not result in a breach of Council’s Code of Conduct and its Gifts and Benefits Policy. I have no objection for this practice to continue.

 

 

  


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL143-14        Request to remove Two Private Street Trees - 25 Millett Street Hurstville 

Report Author/s

Manager Engineering Services, Mrs M Whitehurst

File

14/551

Previous Reports Referenced

No

Community Strategic Plan Pillar

Environmental Sustainability

Existing Policy?

No

New Policy Required?

No

Financial Implications

Within Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

Council has received a request to remove one (1) Liquidambar styraciflua (sweet gum) private tree and one (1) Pinus ayacahuite (Mexican pine) private tree at the rear yard of 25 Millett Street, Hurstville.

 

AUTHOR RECOMMENDATION

THAT the removal of (1) Liquidambar styraciflua (sweet gum) and one (1) Pinus ayacahuite (Mexican pine) private tree at the rear yard of 25 Millett Street, Hurstville be approved due to the damage they are causing to part of the property.

 

REPORT DETAIL

Further to the request for the removal of one (1) Liquidambar styraciflua (sweet gum) and one (1) Pinus ayacahuite (Mexican pine) private tree at the rear yard of 25 Millett Street, Hurstville; the Hurstville Ward Councillors have submitted the following report:

 

We the undersigned Hurstville Ward Councillor, give permission for the removal of a Liquid Amber tree and a Mexican Pine tree from the property at 25 Millett Street, Hurstville.

 

The trees have damaged part of the property”

 

Signed Cr Colin Drane, Cr Vince Badalati and Cr Brent Thomas.

 

 

  


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL144-14        Options for a Residential ePanel 

Report Author/s

Manager Public Relations and Events, Ms T Abraham

File

14/850

Previous Reports Referenced

No

Community Strategic Plan Pillar

Civic Leadership

Existing Policy?

No

New Policy Required?

No

Financial Implications

Outside Budget

Reason for Report

For Consideration

 

EXECUTIVE SUMMARY

To present options for the development of an online tool to improve community engagement on Council decisions and services.

 

AUTHOR RECOMMENDATION

FOR Council’s consideration.

 

REPORT DETAIL

Following a Notice of Motion from Councillor J Mining on 5 March 2014, Council resolved to prepare options for the development of a Resident ePanel to improve community engagement on Council decisions and services.

 

In response, Council officers have investigated two options as outlined below:

 

1.   Housenet.com.au

Housenet is a software-based social network for local communities and Australian housing. The benefits of Housenet.com.au include engagement of local residents and wider community; real-time interaction with members; intuitive and easy-to-use interface; automatically connects with people, news and content from your suburb; improve the experience on where you live; and ability to create private social networks.

 

Free membership is available for Housenet.com.au however this is restricted to various features and content. To obtain the full suite of features, there is a monthly membership fee for community members. The other disadvantages include third party hosting of documents and images; unrelated content of classifieds, real estate, renovation projects, property listings and general non-community conversation; no metrics or administrator tools; content only reaches certain membership types; spam and unrelated material from businesses and organisations outside of local government area; and no smartphone or tablet app.

 

2.   ePanel

The Resident ePanel consists of interested community members to have their say on specific issues. Wyong Shire Council introduced Resident ePanel in 2012 to develop a database of community members who were interested in getting involved with a number of Council’s community initiatives. The Resident ePanel operates in conjunction with other engagement web-based apps including ‘Consultation Hub’ (Citizen Space) and ‘Engage Me’ (Dialogue app). These applications are owned and operated by a United Kingdom company, Delib.

·    Resident ePanel 

The Resident ePanel requires community members to sign up to the service via an online application form created locally by MailChimp. It can be used to survey community members and for Council to share information such as public exhibitions, media releases and upcoming events. There is a monthly subscription cost for Council depending on what package is selected. Council will also be required to establish and maintain an on-going database of community members who have signed up for the service.

·    Consultation Hub (Citizen Space)

The Consultation Hub is used for specific surveys contributing to Council’s project planning and community engagement. It enables community members to provide feedback and submit survey submissions on Council’s development applications, policies, procedures, planning proposals. Council would be required to purchase the software to run the application as well as determine whether it is compatible with the existing web infrastructure. This application is not suitable for smartphones or tablets.

·    Engage Me

Engage Me enables community members to submit ideas and commentary about Council services and activities. Council would be required to purchase the software to run the application as well as determine whether it is compatible with the existing web infrastructure. Council would also be required to provide additional staff resourcing to moderate and monitor activity on an hourly basis. This application is not suitable for smartphones or tablets.

 

For information, Council already has a large number of options for the community to provide comments and suggestions about services and activities. These include Facebook (Council page and LMG page), ‘Your Say’ and ‘Contact Us’ on Council’s website, ‘My Services’ app for smartphones and tablets, online service requests, application and booking forms, various other online applications, and an extensive community engagement process in the development of the 2021 Community Strategic Plan. Additionally, Council’s Facebook page reaches more than 1,300 people per week and is actively used by community members to raise issues and ask questions.

 

It is recommended Council selects a preferred option for an online community engagement tool to be developed for a six month trial period. Another report will be tabled at a future Council meeting detailing its implementation and relevant costs.

 

 

  


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL145-14        Return of Thanks 

Report Author/s

Manager Corporate Governance and Records, Mrs K Garske

File

14/24

Previous Reports Referenced

No

Community Strategic Plan Pillar

Civic Leadership

Existing Policy?

No

New Policy Required?

No

Financial Implications

Nil

Reason for Report

For Information

 

EXECUTIVE SUMMARY

For the information of Councillors.

 

AUTHOR RECOMMENDATION

THAT the information be received and noted.

 

REPORT DETAIL

For the information of Councillors, it is advised that Return of Thanks have been received from Mr John Boland, Riverwood Community Centre Board Chairperson.  Mr Bolan thanked Council for its sponsorship donation of $1,500 to the Riverwood Autumn Fair and advised the Fair was a huge success.  The Riverwood Community Centre appreciates their partnership with Hurstville Council and Council’s assistance with the provision of the necessary infrastructure on the day.

 

 

   


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

10.    Notices of Motion

NM009-14          Draft Development Control Plan No 1 Amendment Multiple Dwellings Savings Provision 

Report Author/s

Councillor, R Kastanias

File

11/1074

Previous Reports Referenced

No

Community Strategic Plan Pillar

Civic Leadership

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

Nil

Reason for Report

For Consideration

 

EXECUTIVE SUMMARY

A Notice of Motion has been received from Councillor R Kastanias seeking support for the inclusion of a Savings Provision to accompany the amendment to minimum site area for multiple dwellings in Hurstville Development Control Plan No. 1.

 

AUTHOR RECOMMENDATION

THAT Council resolve to insert a Savings Provision into the Hurstville Development Control Plan No. 1 accompanying the amendment to minimum site area for multiple dwellings as follows:

The amendments made to this Plan by Amendment No. 4, only apply to development applications lodged on or after date the draft amendment becomes effective.

 

REPORT DETAIL

Council at its meeting on 2 April 2014 resolved to Council endorse the proposed amendments to multiple dwelling controls in Hurstville DCP 1 for public exhibition.  The specific intent of the amendment was to introduce a minimum site area per dwelling control of 315m2 for multiple dwellings based on concerns regarding over-development and impact on adjoining residential properties.

 

Site area controls were amended as part of the Hurstville Local Environmental Plan and subsequent Hurstville Development Control Plan No. 1 facilitating amendments in 2012 and 2013.  Since that time a number of development applications have been submitted by applicants choosing to take up the new flexibility offered to multiple dwellings.  To date experience has shown applications seeking numerous dwellings on a site with densities between 190m2 to over 280m2 have been submitted and are currently under assessment.

 

While not seeking to diminish the Council’s view that these developments were not in accordance with expectations, the change was made was made by Council and developers made decisions based on our planning controls at the time of lodgement.  Without a Savings Provision these applications would immediately not comply with the new control of 315m2, if it is adopted and implemented by Council.

 

The savings provision would apply to development applications that were lodged prior to the commencement of the new density controls.  This means that any applications that were lodged prior to the new density provision would be assessed under the controls that were in place at the time that they were lodged.

 

Many of the current undermined development applications would not comply with the density control despite complying with all other provisions of DCP No.1.  The introduction of a savings provision would ensure that those who may have purchased sites, and prepared development applications based on Council’s current planning controls are not disadvantaged with the introduction of a new control mid-way through the development application process.

 

What the Savings Provision will allow is for Council to consider applications on merit lodged up to the date of implementation which in this case will be the date Council’s adopted amendment is notified in the local press i.e. the date the draft amendment becomes effective.

 

 

  


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

NM010-14          Increasing the Number of Food Safety Seminars   

Report Author/s

Deputy Mayor, Councillor N Liu

File

11/1074

Previous Reports Referenced

No

Community Strategic Plan Pillar

Civic Leadership

Existing Policy?

No

New Policy Required?

No

 

EXECUTIVE SUMMARY

A Notice of Motion has been received by Councillor N Liu recommending that Council increase the number of Food Safety Seminars from six to eight per annum to assist proprietors of food premises within the Hurstville Local Government Area to further improve food safety, health and hygiene standards as well as comply with the relative provisions of the NSW Food Act 2003.

 

AUTHOR RECOMMENDATION

THAT the number of Food Safety Seminars be increased from six to eight per annum.

 

FURTHER THAT Council increase these seminars by offering one additional Cantonese and one additional Mandarin session.

 

REPORT DETAIL

Council currently conducts six Food Safety Seminars per annum to assist proprietors of food premises within the Hurstville local government area to further improve food safety, health and hygiene standards. These seminars also outline the obligations of proprietors in complying with the relative provisions of the NSW Food Act 2003.  Council is required to inspect all food premises within the local government area at least once a year. Council currently has 451 registered food premises that require annual inspection. If a food premises is found to be unsatisfactory, officers are required to carry out a re-inspection. On average, Council re-inspects approximately 100 shops per annum.

 

By increasing the awareness and education of food shop proprietors, it would assist officers in reducing the number of re-inspections as well as improve food safety, health and hygiene standards in our food premises.

 

Council currently offers seminars in English, Cantonese and Mandarin. I propose that Council increase these seminars by offering one additional Cantonese and one additional Mandarin session.

 

The cost of one Food Safety Seminar is approximately $700.00 per session. Eight sessions would cost approximately $5,600. In the proposed 2014/15 budget, Council has allocated $10,000 for all of its food safety education initiatives. The cost of these additional seminars would be met by the proposed budget.

 

 

  


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

NM011-14          General Manager's Performance Review Process 

Report Author/s

Councillor, B Thomas

File

07/1536

Previous Reports Referenced

No

Community Strategic Plan Pillar

Civic Leadership

Existing Policy?

No

New Policy Required?

No

 

EXECUTIVE SUMMARY

At the Council Meeting of 16 April 2014, Councillor B Thomas foreshadowed a Notice of Motion relating to the process and timetable for the General Manager’s annual performance appraisal.

 

AUTHOR RECOMMENDATION

THAT to optimise corporate governance, the General Manager’s performance review in future should be held no later than 30 days after submission of the Annual Report to Council and the report of the Senior Staff Performance Review Committee be submitted to the next scheduled Council meeting (in closed session) following the review meeting.

 

REPORT DETAIL

In support of this motion, it is noted that Council normally considers its annual report in November for forwarding to the Division of Local Government by 30 November each year.  The annual report covers off Council’s achievements including its financial position.  Once the annual report is prepared the Senior Staff Performance Review Committee will have all the necessary performance and financial information to hand to assess the General Manager’s performance.

 

 

    


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

11.    Committee of the Whole (Closed Council Meeting)

Council's Code of Meeting Practice allows members of the public present to indicate whether they wish to make representations to the meeting, before it is closed to the public, as to whether that part of the meeting dealing with any or all of the matters below should or should not be closed.

 

RECOMMENDATION

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the following matters be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded.

 

COW035-14      Extension of SSROC Contract for the Provision of Tree Pruning Services (10/1831-2)

(Report by Manager Engineering Services, Mrs M Whitehurst)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. In accordance with Section 10A(2) (d) it is condidered the matter concerns commercial information of a confidential nature that would if disclosed prejudice the position of a person who supplied it, or confer commercial advantage on a competitor of the council.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it concerns commercial information of a confidential nature that would if disclosed prejudice the position of a person who supplied it, or confer commercial advantage on a competitor of the council.

 

COW036-14      Tender for the Reconstruction of Sportsfields at Various Locations (14/667)

(Report by Manager Engineering Services, Mrs M Whitehurst)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. In accordance with Section 10A(2) (d) it is condidered the matter concerns commercial information of a confidential nature that would if disclosed prejudice the position of a person who supplied it, or confer commercial advantage on a competitor of the council.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it concerns commercial information of a confidential nature that would if disclosed prejudice the position of a person who supplied it, or confer commercial advantage on a competitor of the council.

 

COW037-14      Tender for the Construction of the New Jubilee Park Community Centre (14/586)

(Report by Manager Engineering Services, Mrs M Whitehurst)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. In accordance with Section 10A(2) (d) it is condidered the matter concerns commercial information of a confidential nature that would if disclosed prejudice the position of a person who supplied it, or confer commercial advantage on a competitor of the council.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it concerns commercial information of a confidential nature that would if disclosed prejudice the position of a person who supplied it, or confer commercial advantage on a competitor of the council.

 

COW038-14      Tender for the Design and Construction of Amenities Buildings at Evatt Park, Rasdall Park and Peakhurst Park (14/625)

(Report by Manager Engineering Services, Mrs M Whitehurst)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. In accordance with Section 10A(2) (d) it is condidered the matter concerns commercial information of a confidential nature that would if disclosed prejudice the position of a person who supplied it, or confer commercial advantage on a competitor of the council.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it concerns commercial information of a confidential nature that would if disclosed prejudice the position of a person who supplied it, or confer commercial advantage on a competitor of the council.

 

COW039-14      Property Matter - Memorial Square - Forest Road Hurstville (12/2129)

(Report by Property Projects Coordinator, Mr B Morabito)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. In accordance with Section 10A(2) (c) it is condidered the matter information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

COW040-14      Property Matter - 6 Smiths Avenue Hurstville (11/1806)

(Report by Property Projects Coordinator, Mr B Morabito)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. In accordance with Section 10A(2) (c) it is condidered the matter information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

COW041-14      Property Matter - 319 Forest Road Hurstville (14/770)

(Report by Property Projects Coordinator, Mr B Morabito)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. In accordance with Section 10A(2) (c) it is condidered the matter information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

COW042-14      Property Matter - River Road, Oatley (C06/37)

(Report by Property Projects Coordinator, Mr B Morabito)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. In accordance with Section 10A(2) (c) it is condidered the matter information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

THAT in accordance with the provisions of Section 11(2) of the Act, the reports and correspondence relating to these matters be withheld from the press and public.

FURTHER, THAT Council now resolves itself into a Committee of the Whole (Closed Council) and in accordance with Section 10A of the Local Government Act 1993, Council Staff (other than members of the Executive, the Governance Officer and others at the invitation of the Chairperson) and members of the press and the public be excluded from the Council Chamber during consideration of the items referred to Committee of the Whole.

 

 

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

12.    Open Council

13.    Consideration of Committee of the Whole Recommendations