AGENDA - IHAP

Meeting:

Georges River Independent Hearing Assessment Panel (IHAP)

Date:

Thursday, 17 August 2017

Time:

4.00pm

Venue:

Marana Auditorium, Civic Centre, Hurstville

Participants:

Adam Seton (Chairperson)

Gabrielle Morrish (Panel Member)

Juliet Grant (Panel Member)

George Vardas (Community Member)

Additional Invitees:

Meryl Bishop (Director Environment and Planning)

Tina Christy (Manager Development and Building)

Cathy Mercer (Team Leader Adminstration)

Monica Wernej (Admin Assistant)

 

  

1. On Site Inspections - 1.00pm – 3.30pm

a)    849 King Georges Road South Hurstville

b)   16-20 Tooronga Terrace Beverly Hills

c)    11 Arnold Street Peakhurst

 

 

 

 

Break - 3.30pm

2. Public Meeting – Consideration of Items 4.00pm 6.00pm

Public Meeting Session Closed - 6.00pm

(Break – 6.00pm)

3. Reports and IHAP Deliberations in Closed Session - 6.30pm

 

 

 

Item:

DA No:

Address:

Description:

3.1

DA2016/0230

16-20 Tooronga Terrace Beverly Hills

Retention of existing commercial/residential development fronting Tooronga Terrace, and construction of 3 x storey building at rear of site for use as boarding house with parking at ground floor level accessed from Wyanga Lane

3.2

DA2016/0348

11 Arnold Street Peakhurst

Construction of a two storey boarding house containing nine tooms

3.3

DA 8/2017

849 King Georges Road South Hurstville

Demolition of existing dwelling and construction of a four (4) storey residential flat building containing thirteen (13) units and basement car parking

 

 

 

 

 

4. Confirmation of Minutes by Chair


Georges River Council – Independent Hearing and Assessment Panel Thursday, 17 August 2017

Page 3

 

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Thursday, 17 August 2017

 

IHAP Report No

3.1

Application No

DA2016/0230

Site Address & Ward Locality

16-20 Tooronga Terrace Beverly Hills

Hurstville Ward

Proposal

Retention of existing commercial/residential development fronting Tooronga Terrace, and construction of 3 x storey building at rear of site for use as boarding house with parking at ground floor level accessed from Wyanga Lane

Report Author/s

Senior Development Assessment Officer, Teresa Gizzi

Owners

Ms N Hatem

Applicant

Baini Design

Zoning

Zone B2 - Local Centre Zone

Date Of Lodgement

24/08/2016

Submissions

Original notification -  140 submissions and multiple petitions with a total of 495 signatures.   Renotification – 8 submissions

Cost of Works

$916,642.00

Reason for Referral to IHAP

Submissions received

 

 

Recommendation

That the application be granted deferred commencement consent subject to the conditions included in the report.

 

Site Plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Executive Summary

 

Proposal

1.         Development consent is sought for the construction of a three (3) storey boarding house with undercroft parking at ground floor level and two (2) levels of boarding rooms above. The boarding house is proposed to provide ten (10) rooms with accommodation for a maximum of sixteen (16) lodgers.

 

The proposed boarding house is to be located at the rear of the site so that the existing shop top housing at the front of the site can be maintained.

 

Site and Locality

2.         The subject site is located at 16-20 Tooronga Terrace, Beverly Hills. The site is a corner site and has three (3) frontages to Tooronga Terrace, Wyanga Lane and a lane at the rear.

 

It has a total site area of 627.3sqm and falls approximately 1.3m from the rear boundary to Tooronga Terrace.

 

At the front of the site, there is an existing two (2) storey building comprising three (3) shops at ground floor level and three (3) residential units above.

 

Opposite the site to the north are two (2) storey residential flat buildings, to the east is a two (2) storey commercial building and to the south is the Beverly Hills railway station and associated parking. Adjoining the site to the west are two (2) storey buildings comprising shops at ground floor and residential above.

 

The site is located less than 100m from Beverly Hills train station and less than 200m from the main shopping strip on King Georges Road which is the hub of the Beverly Hills town centre.

 

Zoning and Permissibility

3.         The site is zoned B2 Local Centre under Hurstville Local Environmental Plan 2012 (HLEP 2012). Boarding houses are a permissible use in the zone.

 

Excerpt from Zoning Map.

 

Submissions

4.         The application was advertised and adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal.  140 letters and petitions with a total of 495 signatures objecting to the application were received.  Following receipt of amended plans, the application was renotified even though the changes were of a lesser impact. In response to the re-notification, eight submissions were received.  The issues raised are not considered to warrant refusal of the application.

 

Conclusion

5.         Having regard to the Heads of Consideration under Section 79C (1) of the Environmental Planning and Assessment Act 1979 and following a detailed assessment of the proposal Development Application No.2016/0230 should be granted the deferred commencement consent subject to conditions for the dedication of 2 m of land at the rear of the site for the purposes of widening the lane.. 

 

Report in Full

 

Proposal

6.         Development consent is sought for the construction of a three (3) storey boarding house with undercroft parking at ground floor level and two (2) levels of boarding rooms above. The proposed boarding house is to be located at the rear of the site so that the existing shop top housing at the front of the site can be maintained.

 

The boarding house is proposed to provide ten (10) rooms comprising six (6) double rooms and four single rooms, providing accommodation for a maximum of sixteen (16) lodgers. A communal room and balcony is also provided at second floor level.

 

The undercroft car parking area provides parking for eight vehicles, two motorcycle spaces and four bicycle parking spaces.

 

The Site and Locality

7.         The subject site is located at 16-20 Tooronga Terrace, Beverly Hills. The site is a corner site and has three (3) frontages as follows:

 

·    Tooronga Terrace – 17.22m

·    Wyanga Lane – 34.44m

·    Rear lane – 17.22m

 

It has a total site area of 627.3sqm and falls approximately 1.3m from the rear boundary to Tooronga Terrace.

 

At the front of the site, there is an existing two (2) storey building comprising three (3) shops at ground floor level and three (3) residential units above.

 

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Opposite the site to the north are two storey residential flat buildings, to the east is a two (2) storey commercial building comprising an IGA supermarket and to the south is the Beverly Hills railway station and associated parking. Adjoining the site to the west are two (2) storey buildings comprising shops at ground floor and residential above.

 

The site is located less than 100m from Beverly Hills train station and less than 200m from the main shopping strip on King Georges Road which is the hub of the Beverly Hills town centre.

 

Background

8.       7 Oct 15        DA2015/0009 for affordable rental housing - construction of a mixed use building, including four commercial premises and a boarding house with thirteen (13) rooms, and retention of existing building was refused.

13 Nov 15      Appeal was lodged with the Land and Environment Court

10 May 16      Appeal was discontinued by the applicant.

24 Aug 16      DA2016/0230 was lodged.

8 Sep 16        Application was notified and advertised in accordance with the DCP.

6 Apr 17         Request for additional information sent to applicant.  Issues raised related to room sizes, height, private open space, setbacks and parking.

23 Jun 17       Following consultation with Council officers, additional information submitted.

4 Jul 17           Application renotified following receipt of additional information.

Environmental Planning Instruments

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

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

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

 

Clause

Standard

Proposed

Complies

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

The development is consistent with the aims of the plan

Yes

1.4 - Definitions

Boarding House

The proposed development meets definitions

Yes

2.3 - Zone objectives and Land Use Table

Meets objectives of B2 Local Centre Zone

 

Development must be permissible with consent

Development meets objectives

 

Is permissible development with consent

Yes

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

8.5m

Yes

4.4 – Floor Space Ratio

1.5:1 as identified on Floor Space Ratio Map

1.2:1

Yes

4.4A – Exceptions to Floor Space Ratios for Building on Land in Certain Zones

Consent must not be granted for development on land in Zone B1 Neighbourhood Centre or Zone B2 Local Centre unless the non-residential floor space ratio is at least 0.5:1.

As outlined in the LEC judgement of Badaoui v Hurstville City Council and provided in legal advice, Clause 4.4A is inconsistent with SEPP (ARH) 2009 and therefore not relevant to the proposal.

 

N/A

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP1

Council’s Tree Management Officer has previously assessed the trees on site and raised no objections to the proposed removal.

Yes

6.6 – Active Street Frontages

Development on sites mapped as ‘active street frontage’ in the B2 Local Centre Zone must not be granted consent unless the building will have an active street frontage.

The active street frontage control only applies to the Tooronga Terrace front of the site. The existing active street frontage comprises shops and is to remain unchanged.

Yes

6.7 – Essential Services

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

 

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

 

-Stormwater drainage or on-site conservation

 

 

-Suitable vehicular access

 

 

 

 

 

 

 

 

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

 

Stormwater management is address via deferred commencement condition.

 

Suitable vehicular access is available from Wyanga Lane.

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

Yes

 

 

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

11.       Compliance with the relevant state environmental planning policies is detailed below.

 

STATE ENVIRONMENTAL PLANNING POLICY (AFFORDABLE RENTAL HOUSING) 2009

 

Division 3 Boarding Houses

 

Clause 25-28 Development to which this Division applies

12.       The application has been submitted as a boarding house under Division 3 of State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

The extent to which the proposed development achieves the locational and numerical standards of the State Environmental Planning Policy (Affordable Rental Housing) 2009 is discussed in the following series of tables.

 

Clause

Standards

Proposal

Complies

Clause 26 - Land to which Division applies for the purpose of a boarding house with consent

 

·  R1 General Residential,

·  R2 Low Density Residential,

·  R3 Medium Density Residential,

·  R4 High Density Residential,

·  B1 Neighbourhood Centre,

·  B2 Local Centre,

·  B4 Mixed Use.

Site is Zoned B2 Local Centre

Yes

Clause 27 – Development to which this Division applies

·  Land must be within an accessible area (*)

The site is located less than 200m from Beverly Hills railway station

Yes

 

(*) Accessible area means land that is within:

(a) 800 metres walking distance of a public entrance to a railway station or a wharf from which a Sydney Ferries ferry service operates, or

(b) 400 metres walking distance of a public entrance to a light rail station or, in the case of a light rail station with no entrance, 400 metres walking distance of a platform of the light rail station, or

(c)   400 metres walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990) that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday.”

 

Clause 29 - Standards that cannot be used to refuse consent

13.       Council cannot refuse a development application for a boarding house under the Affordable Housing SEPP for any of the following grounds:

 

Clause 29

Standards

Proposal

Complies

Floor Space Ratio

-If Residential accommodation is permitted

If the density and scale of the buildings when expressed as a FSR is not more than the existing maximum FSR for any form of residential accommodation permitted (1.5:1 under HLEP 2012)

1.2:1

 

 

Yes

Height

If the building height is not more than the maximum height permitted under another EPI for any building on the land:

Max. 9m HLEP 2012

8.5m

Yes

Landscape Area

The landscape treatment of the front setback area is compatible with the streetscape in which the building is located

No significant landscape treatment is proposed however this is consistent with the character of the local centre location.

Yes

Solar Access

Where the development provides for one or more communal living rooms, if at least one of those rooms receives minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter

3 hours of direct sunlight is achieved

 

Yes

Private Open Space

 

If a minimum of the following is provided:

(i)    one area of at least 20 square metres with a minimum dimension of 3 metres is provided for the use of the lodgers

 

(ii)   if accommodation is provided on-site for a boarding house manager—one area of at least 8 square metres with a minimum dimension of 2.5 metres is provided adjacent to that accommodation

 

 

Complies

 

 

 

 

 

 

 

No manager required or provided.

 

 

Yes

 

 

 

 

 

N/A

 

Parking

0.2 parking spaces provided for each  boarding room (10 rooms provided) = 2 spaces required

2 spaces provided

Yes

Accommodation size

if each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least:

(i)    12 square metres in the case of a boarding room intended to be used by a single lodger, or

(ii)   16 square metres in any other case

 

Complies 

Yes

 

Clause 30 - Standards for Boarding Houses

14.       A consent authority must not consent to development for boarding houses unless it is satisfied of each of the following.

 

Clause 30

Standards

Proposal

Complies

Communal living

(a) if a boarding house has 5 or more boarding rooms, at least one communal living room will be provided

One common room provided at second floor level.

Yes

 

Size of boarding rooms

(b) no boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25 square metres

Complies

 

Yes

Maximum occupancy

(c)  no boarding room will be occupied by more than 2 adult lodgers

Maximum 2 adult lodgers in a 6 rooms and 1 lodger in 4 rooms (16 lodgers total) will be subject to condition of consent.

Yes

Kitchen and bathroom facilities

(d) adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger

All rooms have kitchen and bathroom facilities.

 Yes

Boarding house manager

(e) if the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager

Maximum 16 lodgers.

N/A

Bicycle and motor cycle space

(h) at least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms = 2 bicycle spaces and 2

motorcycle spaces required

2 motorcycle spaces

 

4 bicycle spaces

Yes

 

Clause 30A – Character of local area

15.       Clause 30A states that Council cannot grant consent to a boarding house unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

 

Case law has held that the test in Clause 30A is “one of compatibility not sameness” (Gow v Warringah Council [2013] NSWLEC 1093 (15 March 2013)). Compatibility is widely accepted to mean “capable of existing together in harmony” (Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191.

 

It has also been held that in assessing ‘compatibility’ both the existing and future character of the local area needs to be taken into account (Sales Search Pty Ltd v The Hills Shire Council [2013] NSWLEC 1052 (2 April 2013) and Redevelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC 1029).

 

Relationship to the Existing and Future Character of the Local Area

16.       In Redevelop Projects Pty Ltd v Parramatta City Council [2013] NSW LEC 1029, Commissioner Morris concluded that the ‘local area’ includes both sides of the street and the ‘visual catchment’ as the minimum area to be considered in determining compatibility.

 

With regard to the subject site, the ‘local area’ is taken to include both sides of Tooronga Terrace between King Georges Road and Warrawee Place and the properties that also back onto the lane at the rear of the site.

 

On the southern side of Tooronga Terrace opposite the site, there is no development due to the railway line.  To the east of the site along Tooronga Terrace, buildings comprise a two storey retail building used as an IGA supermarket and two storey, older style shop top housing developments with small retail uses at ground floor level. There buildings are setback from the street due to a public car parking area located in front of these properties.  Adjoining the site to the west are two storey shop top housing developments similar to the existing buildings on the subject site, and also a two storey commercial building with a wider frontage.

 

To the rear of the site on the northern side of the lane, is a two storey multi dwelling housing development, and the side elevations of a two storey commercial development that fronts King Georges Road.

 

Within this local area, there is no distinct character that defines the local centre other than the two storey nature of the buildings.

 

The proposed development is three storeys, but less than the 9m height limit.  Although the building will appear larger than surrounding developments, the character of an area is not only defined by what is physically existing on the adjoining allotments, but also what is permitted under the planning controls which apply at the time. The development satisfies the height and floor space ratio controls that apply to the land, and as the building is located at the rear of the site it would not be visible from the main shopping area. The development would not result in a detrimental visual impact on the character and appearance of the streetscape.

 

The bulk and scale of the development would not appear incongruous in its context, and future redevelopment of the local centre is likely to be of a similar size and density. 

 

The development is considered to be compatible with the existing character and also the future character of the area.

 

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

17.       Clause 7(1)(a) of State Environmental Planning Policy No  55 – Remediation of Land (SEPP55) states that a consent authority must not consent to the carrying out of any development on land unless:

·    It has considered whether the land is contaminated, and

·    If the land is contaminated, it is satisfied that the land is suitable in its contaminated state for the purpose for which the development is proposed to be carried out, and

·    If the land requires remediation to be made suitable for the development proposed to be carried out, it is satisfied that the land will be remediated before the development is used for that purpose.

 

The subject site is located in a town centre and commercial uses are existing on the site.

 

A preliminary contamination report was submitted with the application prepared by ESP Environmental and Safety Professionals dated December 2015.  The report concludes that no potential sources of contamination that may affect the use of the site for residential purposes have been identified and therefore the site is suitable for the proposed use as residential land.

 

Draft Environmental Planning Instruments

18.       There are no draft Environmental Planning Instruments relevant to the development.

 

Development Control Plans

19.       The proposal has been assessed under the relevant sections of Development Control Plan No 1 (Amendment No 5) as follows.

 

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE – SECTION 3.1 VEHICLE ACCESS, PARKING AND MANOEUVRING

20.       The DCP requires parking to be required at the following rate.

 

Section 3.1

 

Standard

Proposal

Complies

Boarding House

0.2 spaces per room (As per ARH SEPP)

2 spaces required

8 spaces are provided on site. Allocation of spaces will be enforced by condition.

 

Complies

Residential

1 per 2 bedroom unit

3 spaces required

Retail

1/50sqm

3 spaces required

TOTAL

8 spaces

 

As can be seen from the above table, parking has been provided in accordance with the DCP.

 

Council’s Senior Traffic Engineer has assessed the application, and raised no objections to the proposal. The design and layout of the parking area is consistent with the objectives of Section 3.1 of the DCP and the relevant Australian Standards.

 

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

21.       The development complies with Section 3.3 as provided below.

 

Places of Shared Accommodation

Standard

Proposal

Complies

Adaptable dwellings

1 accessible room per 5 guests/tenants bedrooms or part thereof – 2 required

2 adaptable rooms provided

Yes

Access requirements

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

Access is provided to all floors of the new building via a lift.

Yes

Accessible car space

1 parking space per 10 rooms of part thereof

2 accessible spaces provided

Yes

 

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

22.       The proposal has been considered in accordance with the relevant provisions. The proposal allows opportunities for passive and casual surveillance to and from the street. The car parking area is proposed to be fit with a security gate to preserve the safety of the residents and their property.

 

Section 3.4

Design requirements

Proposal

Complies

Blind corners

Direct pathways with permeable  barriers

Mirrors around corners

Glass/steel panels in stairwells

Acceptable

Yes

Communal/

public areas

Habitable rooms adjacent to communal areas

 

Good visibility to stairwells, entries, elevators

Habitable rooms are adjacent to all communal areas

 

Good visibility is provided from Wyanga Lane.

Yes

 

 

No

Entrances

Clearly visible and not confusing

The primary entrance to the building is clearly identifiable

Yes

Site and building layout

Main entrance orientated towards street, and not from rear lanes.

 

Habitable rooms at front of building.

 

Access to lifts/stairs should be clearly visible within car parks.

 

The main entrance fronts Wyanga Lane which is acceptable.

 

Habitable rooms are located at the front of the building.

 

The stairwell and lift can be accessed from within the car park.

Yes

 

 

 

Yes

 

 

Yes

Landscaping

Low hedges and shrubs or high canopied vegetation

No continuous barrier of dense growth

Prickly plants used as barriers

Avoid vegetation that conceals building entrances

Boundary to boundary development. No landscaping proposed.

N/A

Lighting

Diffused/movement sensitive lighting provided externally

Access/egress points illuminated

No light-spill towards neighbours

Hiding places illuminated

Lighting is energy efficient

To be conditioned

Yes, subject to condition

Building identification

Clearly numbered buildings

Entrances numbered

Unit numbers provided at entry

Subject to condition

Yes, subject to condition

Security

Provide an appropriate level of security.

Satisfactory

Yes

Ownership

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

Satisfactory

Yes

 

The provided Operational Plan of Management forms part of the development consent and also covers acceptable behaviour of boarders and visitors in relation to the use.

 

The development is consistent with Section 3.4 of the DCP.

 

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE – SECTION 3.7 STORMWATER

23.       Deferred commencement conditions are recommended to address drainage. Appropriate conditions of consent requiring OSD are also recommended.

 

DEVELOPMENT CONTROL PLAN NO 1- LGA WIDE – LGA WIDE – SECTION 6 .1 BEVERLY HILLS

24.       The site is identified as ‘King Georges Road – North Side Lots’ under Section 6.1 of the Development Control Plan. An assessment under this part of the Development Control Plan is provided below.

 

Section 6.1

Standard

Proposal

Complies

Building Use

Design for a mix of uses

 

The proposed building comprises boarding house and the shop top housing development that exists on the site is to remain providing a mix of uses.

Yes

All ground floor to incorporate retail or commercial uses

 

The development maintains the existing active street frontage to Tooronga Terrace.

Yes

Access to residential uses above ground floor is permitted on street level but must not occupy more than 20% of the street frontage

Complies

Yes

The maximum retail frontage for individual tenancies is 25m.

Complies

Yes

Height

Comply with HLEP 2012

Complies

Yes

Storeys to comply with 3.12 of DCP – 2 storeys

3 storeys proposed.

 

However as the development complies with the overall height limit, the additional storey is acceptable. See discussions under ‘character’ earlier in this report.

Satisfactory

Commercial max floor to ceiling height 3.3m

N/A

N/A

Residential max floor to ceiling height 3.3m, min 2.7m

2.7m

Yes

Corners

Corner sites to address the corner with appropriate forms

As the existing buildings at the front of the site on the corner of Tooronga Terrace and Wyanga Lane are to remain, the corner will remain unchanged

N/A

Street intersections to be addressed with splays, curves, small towers or architectural elements.

N/A

N/A

Building Design

Appropriate architectural elements and façade articulation

The presentation of the development to Wyanga Lane and the rear lane is acceptable.

No

Building entrances must be clearly identifiable

The main entrance is clearly identifiable from Wyanga Lane

Yes

Blank party walls are to be avoided

Satisfactory

A condition has been imposed to improve the treatment of the SE elevation

Balconies

To be partially recessed 300mm into the wall or enclosed with walls, columns or roofs

Where balconies are proposed they are recessed

Yes

Glass and brick balconies are to be avoided

Acceptable

Yes

Each residential apartment is to have at least one balcony with a minimum size of 8sqm and minimum depth of 2m

Superseded by private open space controls of SEPP ARH

N/A

Acoustic

For buildings within the Commercial Centre, noise within dwellings is not to exceed the following: - Weekdays 7am – 7pm 55 dBA

7pm – 10pm 45 dBA

Weekends 8am – 7pm 50 dBA

7pm – 10pm 45 dBA

Night Time 10pm – 7am 35 dBA

This is applicable to development on King Georges Road which is a classified road and subject to the requirements of RMS. As this development is located on Tooronga Terrace, these requirements do not apply.

N/A

Lifts

All buildings with two or more storeys are required to have lifts

A lift is provided

Yes

Awnings

Each building is to provide an awning

As the proposed building is located at the rear of the site and there is no footpath on Wyanga Lane, an awning is not required.

N/A

Min.3m Max.4.2m above footpath level

N/A

N/A

Shop Fronts

Shop fronts are to be glazed Solid roller shutter doors of any kind are not permitted on shop fronts

N/A

N/A

Vehicular Access and Loading Dock

Car parking and loading dock provision complies with Section 3.1 Car Parking

See assessment above

No

Vehicular access is to be from existing crossings or from rear lanes/streets

Vehicular access is from a side lane

Yes

Where provided, garage doors are to be recessed a minimum 300mm into the façade of the building

No recess is provided however as the garage access is enclosed by a perforated gate rather than a solid garage door, and also as the frontage is to Wyanga Lane rather than Tooronga Terrace, the alternative design is acceptable.

Acceptable

Driveways are to have a minimum width of 3m

Complies

Yes

Parking must be located underground but in some situations due to the topography, the walls enclosing the parking may be partially visible. The length and height of the wall must not exceed 1m

Parking is located above ground. 

 

As the development is located at the rear of the site and the existing buildings are proposed to be retained, the provision of basement parking is not possible.

 

The building is located at the rear of the site off two lanes, therefore the proposed ground floor parking area would not have any impact on the streetscape of the local centre.  The design of the ground floor parking area includes floor to ceiling windows to improve the appearance of the development at a pedestrian level and avoids large expanses of blank wall. The design of the parking area at ground level would not have any significant visual impacts and is considered to meet the objectives of the control.

Acceptable

Building Address and Articulation

Elements are encouraged to provide articulation.

Appropriate elements including floor to ceiling windows, louvres, and recessed balconies are included to provide appropriate articulation.

Yes

Building Resolution

Street address to be provided.

Entrances clearly identifiable

Street corners to be highlighted.

Satisfactory

Yes

Visual Privacy

-Visual privacy is to be protected by providing adequate distance between opposite windows of neighbouring dwellings where direct view is not restricted by screening or planting 

- Main living spaces are to be oriented to the front or rear of a property to avoid overlooking – where this is not possible, windows and balconies are to be offset from neighbour’s windows  - First floor balconies located at the rear of residential dwellings may require fin walls or privacy screens to prevent over-looking

The development has been designed to prevent unreasonable overlooking of adjoining properties.

Yes

Acoustic Privacy

- Buildings are to be sited to minimise the transmission of external noise to other buildings on the site and on adjacent land.

-The internal layout of rooms, courtyards, terraces and balconies, the use of openings, screens and blade walls, and choice of materials, should be designed to minimise the transmission of noise externally

Satisfactory

Yes

Solar Access and Natural Daylight

3 hours sunlight mid-winter to habitable rooms and POS of adjoining properties

Adjoining properties will maintain appropriate solar access.

N/A

Overshadowing effect of new buildings on public domain areas are to be considered for the hours of 10 am to 2 pm on March 21, June 21 and September 24

Acceptable

Yes

Natural Ventilation

All rooms should have windows to facilitate natural ventilation

All habitable rooms have windows

Yes

Building Materials

Encourage the use of building materials from renewable resources

The development is proposed to be constructed of brick and render.  Although not from a renewable resource, these materials provide good thermal conditions and are durable in accordance with the DCP.

Acceptable

Water Conservation and Stormwater Management

Control rainwater in order to minimise local flooding, soil erosion and the siltation of streams and waterways

Satisfactory subject to conditions

Yes

Site Facilities

Adequate garbage and recycling areas must be provided.

Adequate garbage and recycling facilities have been provided on site.

Yes

Envelope

 

*It is noted that the site is mapped as ‘King Georges Road – North Side Lots’ however there is no building envelope control drawing relating to this site.

2m rear setback for lane dedication

2m rear setback provided

Yes

POS per dwelling – min.15sqm

POS for the boarding house component of the development is controlled by SEPP ARH.

 

It is noted that the proposed development occupies what was previously the rear gardens of the building at the front of the site. Each of the existing apartments will lose this area of north facing open space, however it is acknowledged that this area is somewhat disconnected and appears mostly unused. Each unit still has a small semi-enclosed balcony on the southern elevation with direct internal access which although not ideal, is considered acceptable.

Yes

 

As is evident from the above assessment, the development is considered consistent with the objectives of this section and is supported.

 

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - APPENDIX 1 - SECTION 7 WASTE MANAGEMENT

25.       A Waste Management Plan has been submitted with the application which is acceptable. Council’s Manager Environment, Health and Regulatory Services has also assessed the application and ongoing waste provision and found it to be satisfactory.  Any consent granted will be subject to conditions of consent requiring the provision of appropriate waste facilities for the ongoing use of the development.

 

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - APPENDIX 1 - SECTION 8 ENERGY EFFICIENCY

26.       Energy efficiency measures will be addressed as part of Section J of the BCA prior to the Construction Certificate.

 

In terms of overshadowing, shadow diagrams submitted with the application show that the proposed development will not result in any significant additional overshadowing to the adjoining properties.

 

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - APPENDIX 1 - SECTION 9 PRESERVATION OF TREES AND VEGETATION

27.       One (1) Jacaranda tree is proposed to be removed from the site. Council’s Tree Management Officer raised no objections to its removal.

 

Landscaping of the public domain is difficult to achieve due to the lack of footpaths and verge areas surrounding the site.

 

Impacts

 

Natural Environment       

28.       The application proposes the removal of one large Jacaranda tree from the site. Council’s Tree Management Officer has assessed the application and based on its condition, raised no objection to its removal.

 

Deferred commencement conditions are recommended for the management of stormwater across the site.

 

The development would not result in any significant adverse impacts on the natural environment.

 

Built Environment   

29.       Although the development is three storeys in height, it complies with the height limit and floor space ratio controls that apply to the site. The built form of the proposed development is of a bulk and scale that is compatible with the existing area and reflects the future character of the area as envisioned by the controls.

 

The proposed boarding house has also been designed to protect the solar access and privacy of adjoining properties with minimal impacts on the amenity of neighbours.

 

The development would not result in any significant adverse impacts on the built environment.

         

Social Impact

30.       The proposal is not considered to result in any adverse social impact. The proposal meets the requirements of SEPP ARH 2009 and provides an affordable housing option for the community. A plan of management has also been considered and is acceptable. The plan of management is conditioned as part of the development consent.

         

Economic Impact

31.       The proposal is not considered to result in any adverse material economic impact given that the boarding house provides affordable housing opportunities within the locality. 

 

Suitability of the Site

32.       The proposal is suitable for the subject site for the reasons contained within this report.

 

 5.     REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

33.       The application was advertised and adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal.  140 letters and petitions with a total of 495 signatures objecting to the application were received.  Following receipt of amended plans, the application was renotified even though the changes were of a lesser impact. In response to the re-notification, eight submissions were received.  The issues raised are discussed below.

 

34.       Safety

·    The development is too close to schools, child care centres etc.

·    The residents of the boarding house will compromise the safety of the community.

·    No onsite manager

 

Comment: A number of the submitters concerns in relation to security relate to the demographic of boarders likely to reside in the development. However, it is noted that the rental price of similar developments in the area are targeted for key worker housing such as nurses, school teachers, etc.

 

The site satisfies the location requirements of SEPP (ARH) 2009 and its proximity to public transport and the local centre is considered a positive attribute of the site.

 

As assumptions around the demographics of the lodgers do not form the basis of this assessment, the proximity of the site to schools and child care centres is not considered to give rise to any safety or security issues.

 

Given the size of the development is limited to 16 lodgers, there is no requirement for a manager to reside on the site. As outlined in the Operational Plan of Management, a manager will be available for contact should any issues arise from the development.

 

The development complies with the principles of crime prevention through environmental design and would not result in a significant safety or security issue for the community.

 

35.       Parking and Traffic Impacts

·    The development will put pressure on parking in the area.

·    The laneways are busy with vehicles and pedestrians. 

·    During construction and ongoing, the development will cause pedestrian hazards and traffic congestion.

·    The parking entrance is opposite the loading zone for the IGA and it would be impossible for residents to enter the parking area.

·    The parking allocated to the existing shops and residents cannot be accessed.

·    Building to the boundary edge reduces visibility.

 

Comment: The proposed development complies with the parking requirements of SEPP (ARH) 2009 and DCP 1.

 

A number of concerns have been raised in relation to safety issues arising from the narrow width of the lane. It is noted that the development provides a 2m setback to rear lane and that this land will be dedicated to Council via a deferred commencement condition in accordance with the DCP for lane widening.

 

Council’s Traffic Engineer has also assessed the application and raised no objections to the development.

 

36.       Planning Controls

·    The development exceeds the allowable size for structures.

·    The development does not comply with Council’s parking controls.

·    The development is three storeys in a two storey location.

·    Building to the boundary is permissible only if the ground floor is commercial.

·    Inconsistent with the zoning.

·    Parking should be underground.

·    The garage door is not recessed.

·    Boarding rooms cannot cross ventilate.

·    There are no emergency exits available for the shops and units within 16 and 18 Tooronga Terrace.

 

Comment: The development has been assessed against Council’s planning controls throughout this report.  It is noted that there is no requirement for individual boarding rooms to be cross ventilated.  The development is found to be acceptable.

 

BCA issues including emergency exits and fire safety have been considered by Council’s Senior Building Surveyor and addressed via conditions of consent.

 

37.       Building Activities

·    Building activities will cause hygiene issues for existing fresh food businesses in the neighbourhood.

·    Impacts on the roadway and adjoining businesses during construction.

 

Comment: It is not considered that the development would result in hygiene issues for adjoining premises during construction. 

 

A condition of consent is recommended requiring the submission of a Construction Management Plan prior to the issue of the Construction Certificate to manage the impacts of the development during the construction phase.

 

38.       Notification

·    A site notice was not placed on site.

 

Comment: Council’s records indicate that a yellow site notice was placed on site during both notification periods.

 

Further, it is noted that the DCP did not require re-notification of the amendments as they were of a lesser impact; however as a courtesy to residents the amended plans were renotified.

 

39.       Tree

·    The development will result in the loss of the only tree along this entire block.

 

Comment: Council’s Tree Management Officer has assessed the application and raised no objections to the loss of the Jacaranda due to its poor health.

 

40.       Outdoor Private Open Space

·    There is no outdoor area for the boarding house residents to enjoy.

·    The development will occupy the backyard of the existing residences on the property.

·    The private open space between the buildings cannot be accessed by the boarding house residents.

 

Comment: The boarding house residents benefit from an outdoor private open space area (balcony) at second floor level. The ground level private open space areas between the existing buildings and the proposed development are for the residents of the existing units only.

 

It is noted that the private open space for the existing units on the site is reduced by this development however; it is evident from numerous visits to the site that the rear yard areas are used for more parking and waste storage than for public recreation.

 

41.       Character

·    The development is incompatible with the character of the area.

·    The development is an overdevelopment of the site.

·    The façade is unattractive.

·    The flat roof is inconsistent with the streetscape.

 

Comment: As discussed throughout this report, although the development is three storeys in height, it is considered compatible with the character of the area.

 

The façade and flat roof design of the development has similarities to developments at 10 and 36-44 Tooronga Terrace.

 

The development would result in significant detrimental impacts on the character and appearance of the streetscape.

 

42        Errors in Plans

·    The stairs of two of the existing units have disappeared.

·    The site plan indicates the development is built to the rear boundary without the 2m rear setback.

 

Comment:  There are no changes proposed to the existing units. The two units to which the objector is referring have internal stairs.

 

The site plan has since been corrected to provide a 2m rear setback in accordance with the DCP.

 

43.       Economic Impacts

·    The owners of the IGA are concerned this will impact on the viability of their business.

 

Comment: The proposed development provides additional residential accommodation in the local centre and is unlikely to have a negative economic impact on the adjoining businesses.

 

44.       Waste Storage Area

·    The existing shops and residences will lose their waste storage area and are unable to present their bins for collection.

 

Comment: Waste storage areas are provided for the existing properties on site within their private open space areas. Each property has access through the ground floor parking area for presentation of bins to the street.

 

Council’s Manager Environmental Health and Regulatory Services has assessed the application and raised no objections to the development.

 

45.       Stormwater Management

·    The increased building footprint will increase flooding in the area.

 

Comment: Council’s Team Leader Subdivision and Development has assessed the application and raised no objections subject to deferred commencement conditions relating to the management of stormwater across the site.

 

46.       Building Entrance

·    Entering and exiting the building is unsafe as there is no footpath.

 

Comment: The building is setback 0.5m from the boundary of the site fronting Wyanga Lane and the boundary of the site is setback 0.5m from the kerb edge. This provides a 1m area for residents when entering and exiting the building.  The entrance is in close proximity to the roadway, however as acknowledged by the objectors, the lane is heavily pedestrianised by the local community. Further, it is evident from numerous visits to the site that traffic moving along the lane moves at low speeds which is likely a result of the established pedestrian use of the lane.  The proposal is not considered to significantly affect the safety of residents.

 

47.       Amenity Impacts

·    Overshadowing of 14 Tooronga Terrace

·    Overlooking of 14 Tooronga Terrace

 

Comment: The development will result in some overshadowing of the adjoining property at 14 Tooronga Terrace however it will maintain three (3) hours of sunlight mid winter in accordance with the DCP.

 

There are windows located in the south west elevation of the development overlooking the adjoining property. Of the six (6) windows in this elevation, four (4) are bathroom windows of little impact and two (2) windows serve individual boarding rooms.  The windows to the boarding rooms are setback 3m from the shared boundary and would primarily overlook the carport roof of the adjoining property. The development is not considered to result in any unreasonable privacy impacts.

 

Council Referrals 

 

Team Leader Subdivision and Development

48.       No objections were raised subject to deferred commencement conditions.

 

Senior Environmental Health and Building Surveyor

49.       No objections were raised subject to conditions of consent.

 

Tree Management Officer

50.       No objections were raised to the removal of the Jacaranda tree due to its condition.

 

Manager Environmental Health and Regulatory Services

51.       No objections raised to the proposed waste management facilities on site.

 

Conclusion

52.       Development consent is sought for the construction of a three (3) storey boarding house for up to sixteen (16) residents at the rear of 16-20 Tooronga Terrace, Beverly Hills.

The proposal has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act, 1979 (as amended).  As discussed throughout this report, the application complies with the provisions of SEPP (ARH) 2009, HLEP 2012 and satisfies the objectives of DCP 1. Also, although three storeys in height, the development complies with the maximum height limit and floor space ratio controls set by HLEP 2012. 

 

The application was notified and advertised in accordance with Development Control Plan No.1 – LGA Wide. One hundred and forty (140) letters and petitions with a total of 495 signatures objecting to the application were received.  Following receipt of amended plans, the application was renotified even though the changes were of a lesser impact. In response to the re-notification, eight submissions were received.  The issues raised are not considered to warrant refusal of the application.

 

The proposed development is found to be acceptable and is recommended for approval subject to deferred commencement conditions.

 

RECOMMENDATION

53.       THAT pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants deferred commencement consent to Development Application DA2016/0230 for retention of existing commercial/residential development fronting Tooronga Terrace, and construction of 3 x storey building at rear of site for use as boarding house with parking at ground floor level accessed from Wyanga Lane, on Lots 12-14 in DP 13496 known as 16-20 Tooronga Terrace, Beverly Hills subject to the attached conditions:

 

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 - Stormwater – The following shall be provided to Council before the commencement of this consent.

 

(a)       A survey shall be undertaken to locate and find the levels of the existing Council pipe at the point of proposed stormwater drainage discharge pipe connection.

(b)       Based on the survey information, stormwater drainage concept plan shall be amended/updated and submitted to the Council for approval.

 

B.        DEF1002 - Deferred Commencement – Land Dedication - The property is subject to road widening along the Wyanga Lane frontage.

 

A 2m wide portion of land along the frontage shall be dedicated to Council free of cost. Survey details and supporting documentation are to be submitted to the Land and Property Information section of the NSW Department of Lands for registration.

 

The applicant must provide the evidence of dedication of land to the Council within 12 months of the date of this letter otherwise the consent will lapse.

 

C.        DEF1003 - Deferred Commencement - Façade Improvement - The south eastern façade of the boarding house (facing the existing dwellings on the site) should be treated in suitable materials to provide visual interest to the occupants of the existing units. Details shall be submitted to and approved by Council.

 

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 and C 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

14190/02

June 2017

Site Plan

G

Baini Design

14190/03

June 2017

Ground Floor Plan

G

Baini Design

14190/04

August 2017

First Floor Plan

H

Baini Design

14190/05

August 2017

Second Floor Plan

H

Baini Design

14190/06

June 2017

North East Elevation

G

Baini Design

14190/07

June 2017

North West Elevation/ South East Elevation

G

Baini Design

14190/08

June 2017

West South Elevation

G

Baini Design

14190/09

June 2017

Section A-A

G

Baini Design

14190/10

June 2017

External Finishes Schedule

G

Baini Design

 

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

           

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

 

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

 

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

 

          (a)     Fees to be paid:

 

Fee types, bonds and contributions

 

Fee Type

Long Service Levy (to Long Service Corporation)

Builders Damage Deposit

Inspection Fee for Refund of Damage Deposit

S94A Contributions

 

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

$2,091.63

Construction Certificate Application Fee

$2,091.63

Construction Certificate Imaging Fee

$182.40

         

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 $1,900.00.

 

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $150.00.

 

(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.

 

5.         GEN1023 - Section 94A Contributions - As at the date of Development Consent a contribution of $9,166.42 has been levied on the subject development pursuant to Section 94A Contributions Plan. The amount to be paid is to be adjusted at the time of the actual payment, in accordance with the provisions of the Section 94A Development Contributions Plan.

 

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.

 

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

 

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

 

The Section 94A Contributions Plan may be inspected at Council’s Customer Service Centres or online at www.georgesriver.nsw.gov.au.

 

6.         GEN1017 - General ConditionExisting Buildings – No consent is granted for the existing layout or internal changes to existing commercial and residential buildings located at the front of the site.

 

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.

 

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

 

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

 

A 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 Georges River Council’s website at: www.georgesriver.nsw.gov.au

 

For further information, please contact Council’s Customer Service Centre on (02) 9330 6400.

 

8.         APR6003 - 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 Georges River Council’s Website at www.georgesriver.nsw.gov.au.

 

(b) In the Application Form, quote the Development Consent No. (eg. DA2014/****) 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.

 

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 Traffic Authority, 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

 

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

 

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

 

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.       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.

 

12.       CC2005 - Development Assessment – Plan of Management – The approved Plan of Management is to be amended to include the following:

 

(a) A maximum of sixteen (16) lodgers are to reside on the property at any one time.

(b) The maximum occupancy rate per room is as follows:

Room No’s 1, 2, 8 and 9:                               Maximum of one (1) lodger per room

Room No’s 3, 4, 5, 6, 7 and 10:          Maximum of two (2) lodgers per room.

         

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

 

(a) The Private Open Space (POS) space located at the rear of ‘Shop 20’ on the approved plans must include an opening (gate or similar) to provide access to the residents of the first flor residential unit (Flat 20A).

 

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

 

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

 

15.       CC7008 - Building - Access for Persons with a Disability - Access and sanitary facilities for persons with disabilities must be provided to the premises/building in accordance with the requirements of the Premises Standards, the Building Code of Australia, and AS 1428.1. Details must be submitted with the Construction Certificate application.

 

16.       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.

 

17.       CC3001- Development Engineering - Stormwater System

 

Reference No.

Date

Description

Revision

Prepared by

16810-01/3

31 July 2017

Stormwater -  Site plan

C

ING Consulting Engineers Pty Ltd

16810-01/3

31 July 2017

Stormwater – Notes & Details

C

ING Consulting Engineers Pty Ltd

 

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

 

(a) All stormwater shall drain by gravity to the upper level of Council’s stormwater pipe located Wyanga lane in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

(b) Details of proposed stormwater drainage works within Wyanga lane should be submitted to the approval of Council’s infra-structure unit.

 

(c)  All overflows from any rainwater tank shall drain to the OSD tank in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

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

 

18.       CC3003 - Development Engineering

 

Reference No.

Date

Description

Revision

Prepared by

16810-01/3

31 July 2017

Stormwater -  Site plan

C

ING Consulting Engineers Pty Ltd

 

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

 

The building shall be designed to protect 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.

 

19.       CC3004  - Development Engineering - Stormwater Drainage Plans (By Engineer Referral Only)

 

Reference No.

Date

Description

Revision

Prepared by

16810-01/3

31 July 2017

Stormwater -  Site plan

C

ING Consulting Engineers Pty Ltd

 

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

 

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

 

Reference No.

Date

Description

Revision

Prepared by

16810-01/3

31 July 2017

Stormwater -  Site plan

C

ING Consulting Engineers Pty Ltd

 

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

 

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.       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.

 

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

 

(a)  construction vehicle routes;

(b)  anticipated number of trucks per day;

(c)  hours of construction;

(d)  Access arrangements; and

(e)  Proposed traffic measures to minimise impacts of construction vehicles

 

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

 

23.       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.

 

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)  swimming pool design

(h)   retaining walls

(i)    stabilizing works

(j)    structural framework

 

25.       CC7008 - Building – Access for Persons with a Disability - Access and egress for persons with disabilities must be provided to the existing commercial premises, the motor vehicle parking area and to communal areas 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.

 

In regards to the above, pedestrian access throughout basement levels shall be highlighted/line marked and sign posted to safeguard egress.

 

In the event that full compliance cannot be achieved the services of an accredited access consultant is to be obtained to determine alternative methods of compliance, such a report must be submitted to and endorsed by the Principal Certifying Authority prior to issue of the Construction Certificate.

 

26.       CC2008 - Development Assessment - Landscape Plan - A detailed landscape plan for the private open space areas of the existing buildings on site, 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.

 

27.       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, Georges River Council prior to the issue of any Construction Certificate.

 

28.       CC8004 - Waste - Waste Storage Containers - The following waste and recycling facilities will be required:-

 

(a) Domestic Waste:- 8 x 240 litre Mobile Bins; and,

(b) Domestic Recycling: - 4 x 240 litre MB’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, 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.

 

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.

 

29.       PREC7001 - Building - Registered Surveyor’s 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- As required by Principal Certifying Authority.

      

       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.       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.

 

31.       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 directly in front of the development site..

 

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.

 

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.       OCC2005 - Development Assessment - Completion of Landscape Works – The rear part of the site to be dedicated to Council shall be landscaped with appropriate native species and maintained by the beneficiary of this consent until such time that it is constructed as road by Council. 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 is to be allocated as follows:

 

Existing Residential Units:                   1 space per unit

Existing Commercial/Retail Units:      1 space per unit

Boarding House:                                   2 spaces. The boarding house space must not be allocated to any one boarding room and are to operate on a first come first served basis.

 

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

 

This covenant is to be worded as follows:

 

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

 

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

 

The Positive Covenant shall be registered at the NSW Department of Lands prior to the issue of a Final Occupation Certificate.

 

36.       OCC3008 - Development Engineering - Consolidation of Site - The site shall be consolidated into one 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.

 

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

 

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

(b) Construct any new vehicle crossings required.

(c)  Replace all redundant vehicle crossing laybacks with kerb and guttering, and replace redundant concrete with turf.

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

 

38.       OCC6002 - Engineering-V.Crossing & 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.

 

39.       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.

 

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

 

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

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

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

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

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

 

41.       OCC4004 - Health - Noise from mechanical plant and equipment - CBD Only - Noise from the operation of mechanical, equipment, ancillary fittings, machinery, mechanical ventilation system and/or refrigeration systems must not exceed background noise when measured at the nearest lot boundary of the site.  Where noise sensitive receivers are located within the site, noise from the operation of mechanical plant and equipment must not exceed background noise when measured at the nearest strata, stratum or community title boundary.

 

42.       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.

 

43.       OCC7002 - Building - Slip Resistance    - Floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in wet rooms 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.

 

44.       OCC3012 - Development Assessment Existing Building – The existing building fronting Tooronga Terrace located on Lots 12, 13 and 14 on the approved plans must not exceed a total of three separate residential dwellings and three commercial units.  The ground floor of Lot 14 must not be used as a separate residential dwelling.

 

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.

 

45.       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.

 

46.       ONG2008 - Development Assessment – Maximum Residents -  A maximum of sixteen (16) lodgers are permitted to reside within the boarding house at any one time.

 

47.       ONG2009 -      Development Assessment – Maximum Units – The existing two storey building with a frontage to Tooronga Terrace must not contain more than three commercial units and three residential dwellings at any time.

 

48.       ONG2009 - Development Assessment - Plan of Management - The ongoing use must be carried out in strict accordance with the approved Operational Plan of Management.

 

49.       ONG3006 - Development Engineering – On-going 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.

 

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

 

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

 

51.       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.

 

 

52.       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.

 

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.

 

53.       ADV7001 - Building - Council as PCA - Deemed to Satisfy Provisions of BCA - Should the Council be appointed as the Principal Certifying Authority in determining the Construction Certificate, the building must comply with all the applicable deemed to satisfy provision of the BCA.  However, if an alternative solution is proposed it must comply with the performance requirements of the BCA, in which case, the alternative solution, prepared by an appropriately qualified fire consultant, accredited and having specialist qualifications in fire engineering, must justify the non-compliances with a detailed report, suitable evidence and expert judgement.

 

It is to be noted that there are design deficiencies with the existing and proposed buildings in regards to travel distances, egress, operation of exit doors, fire separation and the protection of openings. 

 

54.       ADV7003 - Building - Council as PCA - Total Conformity with BCA - Should Council be appointed as the Principal Certifying Authority, the following matters prepared and certified by an appropriately qualified person, must be specifically detailed on the plans to be submitted with the Construction Certificate application, but is not necessarily be limited to include the following:

 

(a)Disabled access and sanitary facilities to comply with the Premises Standards, the BCA and with AS 1428.-2009.

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

c) Natural light and ventilation to habitable rooms.

d) 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.

e) Energy efficiency report demonstrating compliance with the BCA.

f)  Fire resistance levels of all building elements including walls, floors, columns, doors and windows openings, etc.

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

h) Access and egress that demonstrate compliance with the BCA

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

 

 

55.       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.

 

56.       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.

 

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 Georges River 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.       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.

 

67.       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 Georges River 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.

 

68.       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 9330-6400 during normal office hours.

 

 

ATTACHMENTS

Attachment View1

Site Plan - 16-20 Tooronga Terrace Beverly Hills

Attachment View2

Amended Architectural Plan - North-West & South-East Elevations - 16-20 Tooronga Terrace, Beverly Hills

Attachment View3

Amended Architectural Plan - North-East Elevation - 16-20 Tooronga Terrace, Beverly Hills

Attachment View4

Amended Architectural Plan - South-West Elevation - 16-20 Tooronga Terrace, Beverly Hills

Attachment View5

Amended Architectural Plan - Shadow Diagram - 16-20 Tooronga Terrace, Beverly Hills

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 17 August 2017

3.1                           16-20 Tooronga Terrace Beverly Hills

[Appendix 1]           Site Plan - 16-20 Tooronga Terrace Beverly Hills

 

 

Page 45

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 17 August 2017

3.1                           16-20 Tooronga Terrace Beverly Hills

[Appendix 2]           Amended Architectural Plan - North-West & South-East Elevations - 16-20 Tooronga Terrace, Beverly Hills

 

 

Page 46

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 17 August 2017

3.1                           16-20 Tooronga Terrace Beverly Hills

[Appendix 3]           Amended Architectural Plan - North-East Elevation - 16-20 Tooronga Terrace, Beverly Hills

 

 

Page 47

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 17 August 2017

3.1                           16-20 Tooronga Terrace Beverly Hills

[Appendix 4]           Amended Architectural Plan - South-West Elevation - 16-20 Tooronga Terrace, Beverly Hills

 

 

Page 48

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 17 August 2017

3.1                           16-20 Tooronga Terrace Beverly Hills

[Appendix 5]           Amended Architectural Plan - Shadow Diagram - 16-20 Tooronga Terrace, Beverly Hills

 

 

Page 49

 


Georges River Council – Independent Hearing and Assessment Panel Thursday, 17 August 2017

Page 50

 

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Thursday, 17 August 2017

 

IHAP Report No

3.2

Application No

DA2016/0348

Site Address & Ward Locality

11 Arnold Street Peakhurst

Peakhurst Ward

Proposal

Construction of a two storey boarding house containing nine tooms

Report Author/s

Senior Development Assessment Officer, Teresa Gizzi

Owners

Mr H A Faraj and Mr J H Faraj

Applicant

Monument Design Partnership

Zoning

Zone R2 - Low Density Residential

Date Of Lodgement

15/12/2016

Submissions

12 individual letters, 28 form letters and a petition with 32 signatures

Cost of Works

$1,125,700.00

Reason for Referral to IHAP

Submissions received

 

 

Recommendation

That the application be approved subject to the conditions included in the report.

 

 

 

Site Plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Executive Summary

Proposal

1.           Development consent is sought for a two (2) storey boarding house providing accommodation for up to eighteen (18) lodgers.

 

Site and Locality

2.           The subject site is located on the southern side of Arnold Street in Peakhurst, has a frontage of 16.765m and a total area of 613sqm.

 

The area is characterised by single and two storey dwelling houses, dual occupancies and multi dwelling housing.

 

Zoning and Permissibility

3.           The site is zoned R2 Low Density Residential under the provisions of Hurstville LEP 2012. Boarding houses are permissible in the zone.

 

The site is not located in an ‘accessible area’ as defined by SEPP (ARH) 2009 and therefore SEPP (ARH) 2009 does not apply to the development. However for the reasons provided in the report, the location of the site is considered suitable for the development and an assessment against the controls of SEPP (ARH) 2009 relating to boarding houses has been provided as a guide.

 

Submissions

4.           The application was notified in accordance with DCP 1. Twelve (12) letters, twenty eight (28) form letters and a petition with thirty two (32) signatures were received objecting to the application

 

Conclusion

5.           Having regard to the Heads of Consideration under Section 79C(1) of the Environmental Planning and Assessment Act 1979 and following a detailed assessment of the proposal Development Application No DA2016/0348 should be approved subject to conditions. 

 

Report in Full

Proposal

6.           Development consent is sought for the construction of a two storey boarding house.  

 

The boarding house is proposed to contain nine (9) double rooms providing accommodation for a maximum of eighteen (18) residents.

 

Each room is self-contained, with kitchen, laundry and a sleeping area at ground floor level, and a bathroom and small desk area at first floor level.

 

Car parking is provided at the front of the site for two (2) vehicles, and two motorcycle spaces are also provided in this location.

 

The Site and Locality

7.           The subject site is located on the southern side of Arnold Street in Peakhurst, has a frontage of 16.765m and a total area of 613sqm. The site has a fall of approximately 2m to the street.

 

The site is currently occupied by a single storey dwelling house and detached carport. Adjoining the site to the east, west and south are single storey dwelling houses. The immediate locality is characterised by low density residential development comprising single and two storey dwelling houses, dual occupancies and multi dwelling housing.

 

Background

8.            15 Dec 16    Application lodged

23 Jan 17     Application notified

23 May 17    Additional information requested to reduce bedroom sizes, provide bicycle parking, clarify solar access to the communal living room and provide a plan of management and accessibility report.

7 Jul 17         Additional information provided to address the above. Re-notification was not required as the minor changes would have no additional impact on the neighbouring properties.

DESCRIPTION OF THE SITE AND LOCALITY

9.           The subject site is located on the southern side of Arnold Street in Peakhurst, has a frontage of 16.765m and a total area of 613sqm. The site has a fall of approximately 2m to the street.

 

The site is currently occupied by a single storey dwelling house and detached carport. Adjoining the site to the east, west and south are single storey dwelling houses.

 

Description: C:\Users\tgizzi\AppData\Local\Hewlett-Packard\HP TRIM\TEMP\HPTRIM.4252\D17 113579  Site Photos - 11 Arnold Street Peakhurst\IMG_7090.JPG

Description: C:\Users\tgizzi\AppData\Local\Hewlett-Packard\HP TRIM\TEMP\HPTRIM.4252\D17 113579  Site Photos - 11 Arnold Street Peakhurst\IMG_7092.JPG

 

The immediate locality is characterised by low density residential development comprising single and two (2) storey dwelling houses, dual occupancies and multi dwelling housing.  The historical character of single dwelling houses in the street is changing, as is evidenced by the recent completion of a two storey multi dwelling housing development at 15-17 Arnold Street Peakhurst and the two (2) storey multi dwelling housing development at 27-31 Arnold Street that is currently under construction.

 

In the wider context, the subject site is located approximately 200m from the recently rezoned Peakhurst R3 Medium Density Residential area, which is now three (3) storey residential flat buildings, and Riverwood town centre is located approximately 800m from the property.

 

COMPLIANCE AND ASSESSMENT

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

 

Environmental Planning Instruments

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

Excerpt from Zoning Map – site is shown hatched.

 

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

 

Clause

Standard

Proposed

Complies

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

The development is consistent with the aims of the plan

Yes

1.4 - Definitions

Boarding House

The proposed development meets definitions

Yes

2.3 - Zone objectives and Land Use Table

Meets objectives of B2 Local Centre Zone

 

Development must be permissible with consent

Development meets objectives

 

Is permissible development with consent

Yes

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

7.5m

Yes

4.4 – Floor Space Ratio

0.6:1 as identified on Floor Space Ratio Map

0.57:1

Yes

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP1

Council’s Tree Management Officer has assessed the application and raised no objections to the proposal.

Yes

6.7 – Essential Services

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

 

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

 

-Stormwater drainage or on-site conservation

 

 

-Suitable vehicular access

 

 

 

 

 

 

 

 

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

 

-Stormwater can drain from the site via gravity to the street.

 

-New driveway crossing to the site from Arnold Street (standard conditions for the submission of separate vehicular crossing applications and driveway design)

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

Yes

 

 

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

12.         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 (AFFORDABLE RENTAL HOUSING) 2009

 

Division 3 Boarding Houses

 

Clause 25-28 Development to which this Division applies

13.         The subject site is located in the R2 Low Density Residential Zone, and boarding houses are permissible under the land use table of Hurstville LEP 2012.  However, the site does not meet the provisions of Clause 27 of SEPP (ARH) 2009 which states the following:

 

27   Development to which Division applies

(1)       This Division applies to development, on land to which this Division applies, for the purposes of boarding houses.

(2)       Despite subclause (1), this Division does not apply to development on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone in the Sydney region unless the land is within an accessible area.

(3)       Despite subclause (1), this Division does not apply to development on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone that is not in the Sydney region unless all or part of the development is within 400 metres walking distance of land within Zone B2 Local Centre or Zone B4 Mixed Use or within a land use zone that is equivalent to any of those zones.’

 

The site is located in the Sydney region and therefore must be located in an accessible area for the division to apply. An accessible area is defined by Clause 4 of SEPP (ARH) 2009 as follows:

 

accessible area means land that is within:

(a)  800 metres walking distance of a public entrance to a railway station or a wharf from which a Sydney Ferries ferry service operates, or

(b)  400 metres walking distance of a public entrance to a light rail station or, in the case of a light rail station with no entrance, 400 metres walking distance of a platform of the light rail station, or

(c)  400 metres walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990) that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday.’

 

The subject site at 11 Arnold Street fails to meet the requirements of an accessible area. A table outlining bus services within proximity to the site is provided below.

 

 

Location of Bus Stop

Bus Route

Walking Distance

Mon – Fri Frequency

Saturday Frequency

Sunday Frequency

Belmore Road

942 Towards Campsie

<400m

Hourly service ceases at 7.20pm

Complies

Hourly service does not commence until 10.08am

942

Towards Lugarno

<400m

Hourly service ceases at 7pm

Complies

Hourly service does not commence until 9.37am

Jacques Avenue

944

Towards Bankstown

<400m

Complies

Complies

Hourly service does not commence until 9.31am

 

944

Towards Hurstville

<400m

Complies

Complies

Hourly service does not commence until 9.09am

Henry Lawson Drive

M91

Towards Hurstville

450m

Complies

Complies

Complies

M91

Towards Parramatta

<400m

Complies

Complies

Complies

 

As can be seen from the above table, of the bus services within 400m of the site, only the M91 towards Parramatta satisfies the frequency requirements of the SEPP.  However, the bus stop for the M91 in the other direction, towards Hurstville, is located 450m from 11 Arnold Street which does not satisfy the location requirements of the SEPP. Consequently, Division 3 – Boarding Houses of State Environmental Planning Policy (Affordable Rental Housing) 2009 does not apply to the site.

 

Even so, the development is a permissible use under Hurstville LEP 2012 and can therefore be considered outside of SEPP (ARH) 2009. 

 

Although technically non-compliant with the definition of ‘accessible area’, as can be established by the table above, the development is well serviced by public transport services. If the 944 bus route from Jacques Avenue had one additional bus service between 8am and 9am on Sundays, the site would be technically compliant and within an accessible area. Further, this site has access to transport and services that are above and beyond what a number of boarding houses actually do have access to.

 

Although the M91 route which runs between Parramatta and Hurstville (and return) requires an additional 50m walk to the bus stop for services in the eastbound direction, this service runs as follows:

 

·    approximately every 10-15mins from 5.45am – 9.50pm Monday-Friday

·    approximately every 20mins from 6.30am until 8.45pm Saturdays

·    approximately every 20mins from 7.20am until 7pm Sundays and public holidays

 

This service is extensive and the additional 50m walk for the eastbound service is not unreasonable. In addition to the 944 and M91 bus routes, the 942 bus route provides additional alternative services, albeit outside of the frequency requirements of the SEPP, to and from Campsie via Riverwood. The development is also in close proximity to Peakhurst Park which is 400m from the site and Riverwood town centre and train station is a 15min walk away.

 

The location of proposed boarding house is considered appropriate and therefore it is reasonable for it to be considered under Hurstville LEP 2012.  As Council’s LEP and DCP do not contain specific controls for boarding houses, an assessment of the application against the provisions of Division 3 of SEPP (ARH) 2009 is undertaken below as a guideline for the suitability of the proposal.

 

Clause 29 - Standards that cannot be used to refuse consent

14.         Council cannot refuse a development application for a boarding house under the Affordable Housing SEPP for any of the following grounds.

 

Clause 29

Standards

Proposal

Complies

Floor Space Ratio

-If Residential accommodation is permitted

If the density and scale of the buildings when expressed as a FSR is not more than the existing maximum FSR for any form of residential accommodation permitted (0.6:1 under HLEP 2012)

0.57:1

 

 

Yes

Height

If the building height is not more than the maximum height permitted under another EPI for any building on the land:

Max. 9m HLEP 2012

7.5m

Yes

Landscape Area

The landscape treatment of the front setback area is compatible with the streetscape in which the building is located

Consistent with more recent developments in the streetscape.

Yes

Solar Access

Where the development provides for one or more communal living rooms, if at least one of those rooms receives minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter

The communal room is located at the rear of the site which due to its orientation to the south limits its direct solar access. Even so, through the use of east facing doors, and an open common walkway to the north, part of the room will receive sunlight at all times of the day. The solar access does not comply, but as each boarding room has private kitchen and bathroom facilities and access to individual private open space, the solar access to the communal room is not considered to compromise amenity overall and is acceptable.

Acceptable

Private Open Space

(other than the front setback area)

If a minimum of the following is provided:

(i)    one area of at least 20 square metres with a minimum dimension of 3 metres is provided for the use of the lodgers

 

(ii)   if accommodation is provided on-site for a boarding house manager—one area of at least 8 square metres with a minimum dimension of 2.5 metres is provided adjacent to that accommodation

 

 

46.01sqm

 

 

 

 

 

 

 

No manager required or provided.

 

 

Yes

 

 

 

 

 

 

 

 

N/A

 

Parking

0.2 parking spaces provided for each  boarding room (19 rooms provided) = 2 spaces required

2 spaces provided

Yes

Accommodation size

if each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least:

(i)    12 square metres in the case of a boarding room intended to be used by a single lodger, or

(ii)   16 square metres in any other case

 

All rooms are more than 16sqm

Yes

 

Clause 30 - Standards for Boarding Houses

15.         A consent authority must not consent to development for boarding houses unless it is satisfied of each of the following.

 

Clause 30

Standards

Proposal

Complies

Communal living

(a) if a boarding house has 5 or more boarding rooms, at least one communal living room will be provided

One common room provided at ground floor level.

Yes

 

Size of boarding rooms

(b) no boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25 square metres

All rooms less than 25sqm

Yes

Maximum occupancy

(c)  no boarding room will be occupied by more than 2 adult lodgers

Maximum 2 adult lodgers in a 9 rooms (18 lodgers total) will be subject to condition of consent.

Yes

Kitchen and bathroom facilities

(d) adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger

All rooms have kitchen and bathroom facilities.

 Yes

Boarding house manager

(e) if the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager

Maximum 18 lodgers.

N/A

Bicycle and motor cycle space

(h) at least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms = 2 bicycle spaces and 2

motorcycle spaces required

2 motorcycle spaces

 

4 bicycle spaces

Yes

 

Clause 30A – Character of local area

16.         Clause 30A states that Council cannot grant consent to a boarding house unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

 

Case law has held that the test in Clause 30A is “one of compatibility not sameness” (Gow v Warringah Council [2013] NSWLEC 1093 (15 March 2013)). Compatibility is widely accepted to mean “capable of existing together in harmony” (Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191.

 

It has also been held that in assessing ‘compatibility’ both the existing and future character of the local area needs to be taken into account (Sales Search Pty Ltd v The Hills Shire Council [2013] NSWLEC 1052 (2 April 2013) and Redevelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC 1029).

 

Relationship to the Existing and Future Character of the Local Area

17.         In Redevelop Projects Pty Ltd v Parramatta City Council [2013] NSW LEC 1029, Commissioner Morris concluded that the ‘local area’ includes both sides of the street and the ‘visual catchment’ as the minimum area to be considered in determining compatibility.

 

The ‘local area’ in this case is taken to include both sides of Arnold Street and the immediate surrounding streets. Within this local area, development is primarily characterised by single storey dwelling houses punctuated by recently constructed two storey dwelling houses, dual occupancies and multi dwelling houses development.

 

The older style dwelling houses are generally defined by low front fences with expansive grassed areas and driveways leading to garages at either the side or rear size. The presentation of the newer development is varied, with both open frontages of landscaping and hardstand parking, and in some cases, front fences up to 1.8m high and visually impermeable.

 

The proposed development is of a similar bulk and scale to the existing developments in the vicinity of the site and the presentation to the street is compatible with the surrounding locality.  The design of the development also  adopts a similar aesthetic to a recently completed multi dwelling housing development at 15-17 Arnold Street Peakhurst. The development is consistent with the established character and appearance of the locality.

 

Comparison Table

The character of an area is not only defined by what is physically existing on the adjoining allotments, but also what is permitted under the planning controls which apply at the time. The proposal adopts a built form commensurate to that of a two (2) storey dwelling house.  As previously stated within the report, the proposal complies with the floor space ratio, height of buildings, private open space, landscaping and car parking requirements of State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

Whilst Council does not have prescribed controls for the built form of boarding houses, as a “best fit in consideration with the Character Test”, the proposal has been considered against the provisions Section 4.1 Single Dwelling Houses and Section 4.2 Dual Occupancy of Development Control Plan No 1 – LGA Wide below.

 

Control

Single Dwelling

Dual Occupancy

Proposal

Height

 

Maximum ceiling height

9m

 

7.2m

9m

 

6.8m

7.5m

 

6.7m

Floor Space Ratio

0.6:1 (0.55:1 for dwelling house only)

0.6:1

0.57:1

Landscape

20%

20%

24%

Setbacks:

Front

 

Rear setback:

Ground

First

 

Side setback:

Ground

 

 

First

 

4.5m

 

 

3m

6m

 

 

900mm

 

 

1.2m

 

4.5m

 

 

7m

9m

 

 

900mm

 

 

1.2m

 

6.5m

 

 

3m

8.685m

 

 

East – 2m

West -1.3m

 

East – 2.12m

West - 2.12m

 

As is demonstrated by the above table, the proposed development is consistent with the key controls applicable to the construction of a single dwelling house or dual occupancy development. Even though the rear setback of the boarding house is less than would be required for a dual occupancy, the bulk and scale of the development is more comparable to a single dwelling house and the size of the land would not be suitable for a dual occupancy development. As such, the rear setback control that would apply to a single dwelling house is considered to have greater relevance. Additionally, the location of the parking within the front setback does not affect the built form of the development and the landscape character of the frontage is consistent with the streetscape. Given the above, it is considered that the proposed development is consistent with the desired future character of the locality.

 

Draft Environmental Planning Instruments

18.         There are no draft Environmental Planning Instruments relevant to the development.

 

Development Control Plans

19.         The proposal has been assessed under the relevant sections of Development Control Plan No 1 (Amendment No.5) as follows:

 

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE – SECTION 3.1 VEHICLE ACCESS, PARKING AND MANOEUVRING

20.         The DCP requires parking to be required at a rate of one (1) space per three (3) beds plus one (1) space per two (2) employees.  As the development proposes nine (9) bedrooms with no onsite employees, three (3) parking spaces are required.

 

Only two (2) parking spaces are provided which is consistent with the requirements of SEPP (ARH) 2009.

 

The variation to the car parking rate under the DCP is acceptable on the following basis:

 

·    As discussed in detail earlier in this report under Clause 27 of SEPP (ARH) 2009 the site is very well serviced by public transport services with six bus stops serving three bus routes all within 450m of the site. Although the development does not satisfy the ‘location and access to facilities’ requirements of SEPP (ARH) 2009, the site is in fact better connected than a number of other boarding houses that only have access to a single bus route.

·    The development is also within a 15min walk of Riverwood Town Centre and Riverwood train station.

·    The development also provides motorcycle and bicycle parking in accordance with SEPP (ARH) 2009.

·    Multiple visits to the site has found that on street parking is readily available, particularly as single dwelling houses along Arnold Street all benefit from off street parking and generous driveways that allow parking of additional vehicles. It is estimated that approximately 80% of on-street parking was available during the site visits.

 

Description: C:\Users\llocke\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\U1NMTLTA\IMG_1432 (2).JPG

 

The above photo was taken during a site inspection – it shows that there are very few cars parked on the street.

 

 

 

The first image above is from NearMap and dated Sunday 2 July 2017, the second is dated Saturday 27 August 2016. These images show that there is sufficient on street car parking available on the weekends when more residents are likely to be at home.

 

The proposed two parking spaces, which are in accordance with SEPP (ARH) 2009, would sufficiently meet the needs of the development and would not result in an unreasonable impact in on-street parking demand.

 

The design and layout of the parking area is consistent with the objectives of Section 3.1 of the DCP and the relevant Australian Standards.

 

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

21.         Section 3.3 requires that one accessible room be provided per five bedrooms or part thereof.  As the proposed development accommodates nine bedrooms, two accessible rooms are required. The development provides only one accessible room at the rear of the development.

 

In support of the variation, the applicant has provided an Accessibility Statement prepared by Code Performance, dated 5 July 2017. The submitted statement justifies the variation on the basis that the Building Code of Australia and the Premises Standards require only one accessible room per ten rooms with which the development complies. 

 

It would be preferable for the development to provide two accessible rooms in accordance with the DCP, however it is noted that this would require expansion of the building footprint to as the eight non-accessible rooms include loft spaces which provide for the bathrooms. Although not ideal, as the development is consistent with the Premises Standards and therefore the Disability Discrimination Act, it is also consistent with the objectives of Section 3.3 of the DCP, and as such, refusal of the application on this basis is not justified.

 

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

22.         The proposal has been considered in accordance with the relevant provisions. The proposal allows opportunities for passive and casual surveillance to and from the street. The plan of management provided forms part of the development consent and covers acceptable behaviour of boarders and visitors in relation to use.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE  – SECTION 3.5 LANDSCAPING

23.         A detailed landscape plan was not submitted with the application and will be required by a condition of consent. The condition will include a requirement for planting in accordance with the DCP and also has a requirement for screen planting along the side and rear boundaries of the site.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE  – SECTION 3.7 STORMWATER

24.         The development can drain to the street via gravity. Appropriate conditions of consent requiring OSD are recommended.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 – SECTION 4.6 SPECIFIC CONTROLS FOR RESIDENTIAL DEVELOPMENT

25.         Council’s DCP does not contain any specific controls for boarding house development. Even so, the proposal has been considered against the provisions relating to single dwelling houses and is found to be generally in accordance with the controls. The development proposes setbacks, height and landscaping which are consistent with dwelling house requirements.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - APPENDIX 1 - SECTION 7 WASTE MANAGEMENT

26.         A Waste Management Plan has been submitted with the application which is acceptable. Any consent granted will be subject to conditions of consent requiring the provision of appropriate waste facilities for the ongoing use of the development.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - APPENDIX 1 - SECTION 8 ENERGY EFFICIENCY

27.         The application is accompanied by a BASIX Certificate which identifies that the development meets the target scores.

 

In terms of overshadowing, shadow diagrams submitted with the application show that the proposed development will not result in any significant additional overshadowing to the adjoining residential properties and that three hours of solar access to their private open spaces will be maintained.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - APPENDIX 1 - SECTION 9 PRESERVATION OF TREES AND VEGETATION

28.         The development requires the removal of one tree from the front of the site, however it is not significant and no objections have been raised by Council’s Tree Management Officer. Conditions are recommended from Council’s Tree Management Officer for the protection of the street tree and two (2) significant trees on the adjoining property.

 

Impacts

 

Natural Environment

29.         The proposal does not seek to remove any significant trees and conditions are recommended for the protection of the street tree and trees on the adjoining property.  The development provides sufficient area for landscaping and a condition is also recommended requiring a detailed landscape plan to ensure planting is provided in accordance with the DCP.

 

The proposal seeks to drain to the street which is consistent with Council’s requirements and a requirement for OSD is also recommended as a condition of consent.

 

The development would not result in any significant adverse impacts on the natural environment.

 

Built Environment

30.         The built form of the proposed development is of a bulk and scale that is consistent with contemporary dwelling houses in the locality. Further, the modern design of the proposed boarding house is similar to a recently completed multi dwelling housing development in close proximity to the site. The proposal is complimentary to the existing character of the streetscape and representative of the changing nature of the area.

 

The proposed boarding house has also been designed to protect the solar access and privacy of adjoining properties with minimal impacts on the amenity of neighbours.

 

The development would not result in any significant adverse impacts on the building environment.

 

A condition has been recommended for a detailed landscape plan providing screen planting. There is also a condition relating to the retention of the street tree which will help to ‘soften’ the development.

         

Social Impact

31.         The proposal is not considered to result in any adverse social impact. Although not strictly applicable, the proposal meets the requirements of SEPP ARH 2009 and provides an affordable housing option for the community. A plan of management has also been considered and is acceptable. The plan of management is conditioned as part of the development consent.

         

Economic Impact

32.         The proposal is not considered to result in any adverse material economic impact given that the boarding house provides affordable housing opportunities within the locality. 

 

Suitability of the Site

33.         The proposal is suitable for the subject site for the reasons contained within this report.

 

REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

34.         The application was advertised and adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal.  Twelve (12) letters, twenty eight (28) form letters and a petition with thirty two (32) signatures were received objecting to the application. It is noted that some residents have provided letters and also signed the petition. The issues raised are discussed below.

 

35.         Character

·    The development is incompatible with the character of the area.

·    New developments in the street are not consistent with the predominant character of the street.

·    A boarding house is high density low cost housing in the R2 Low Density Residential Zone.

 

Comment: As discussed throughout this report, the boarding houses are a permissible use in the R2 Low Density Residential Zone. 

 

The bulk and scale of the development is similar to that of a two (2) storey dwelling house with similar setbacks, height, and landscaped area.

 

It is acknowledged that predominant character of Arnold Street is primarily comprised of single storey dwelling houses, however it is evident that the area is changing, with the recent construction of modern two storey dwelling houses, dual occupancies and multi dwelling housing in the street and surrounding area. The development is therefore complimentary to this change in character.

 

36.         Location

·    The site is not located in an ‘accessible area’ as defined by SEPP (ARH) 2009.

 

Comment: This is discussed in detail earlier in this report. The site is not in an ‘accessible area’ as defined by SEPP (ARH) 2009 and therefore the SEPP is not strictly applicable to the development.

 

Even so, as the use is permissible under HLEP 2012 in the R2 Low Density Zone, and there is excellent access to public transport and services from the site, the use is considered appropriate.

 

37.         Shadow Diagrams

·    The shadow diagrams are insufficient as they do not show the extent of shadowing onto neighbouring properties.

 

Comment: It is acknowledged that the submitted shadow diagrams do not accurately show the extent of the shadow impact on adjoining properties. Even so, an assessment of the application, taking into account the orientation of the site in combination with the height and setbacks of the proposed development, has found that the neighbouring properties will maintain 3 hours of sunlight to their private open space in accordance with the DCP.

 

38.         Communal Room

·    The communal room does not receive 3 hours of sunlight in accordance with SEPP (ARH) 2009.

 

Comment: This is considered earlier in this report and is found to be acceptable.

 

39.         Privacy

·    Windows are included at first floor level on the eastern and western elevations that will overlook the private open space of adjoining properties. These windows should have raised sill levels and translucent glazing.

 

Comment: The windows located at the first floor level of the building serve only small office areas, bathrooms and void spaces.  As the windows only serve these spaces, they are not considered to result in an unreasonable privacy impact.

 

40.         Scale of Development

·    The size and scale of the development is too large.

·    The site of the site is too small.

 

Comment: There are no minimum lot size requirements for boarding houses. 

 

As mentioned earlier, the built form of the development is consistent with a two (2) storey dwelling house and the bulk and scale of the proposal is considered compatible with the existing streetscape.

 

41.         Traffic and Parking

·    Insufficient parking.

·    There is a primary school within 200m of the proposed development and at peak times vehicles park in Arnold Street.

·    The provided parking is too narrow.

·    Traffic in Peakhurst is already congested.

 

Comment: Two (2) parking spaces are proposed in accordance with the requirements of SEPP (ARH) 2009. This is a variation to the requirements of DCP No.1 which requires three parking spaces for a development of this size.

 

Even so, as discussed earlier in this report, due to the proximity and availability of public transport to the property it is considered the variation can be supported. Further to this, several site visits and the NearMap images in this report above demonstrate that there is availability for parking on Arnold Street and the shortfall of one parking space will not have an unreasonable impact on the street.

 

It is also not considered that the development is of such a size that it would have a significant traffic impact on Arnold Street.

 

42.         Safety

·    Safety for current residents.

·    Security issues arising from types of residents.

·    There is no onsite manager.

 

Comment: Due to the size of the boarding house, there is no requirement for an onsite manager. A Plan of Management which will be enforced as a condition so of consent has been submitted with the application which outlines acceptable behaviour for boarders.

 

A number of the submitters concerns in relation to security relate to the demographic of boarders likely to reside in the development. It is noted that rental price of similar developments in the area are targeted for key worker housing.

 

The development complies with CPTED principles and would not compromise the safety and security of the area.

 

43.         Affordable Housing

·    Oversupply of affordable housing in the area as there is extensive existing public housing in the area.

 

Comment: As is evident from other similar developments in the area, the rental price of boarding house rooms targets a different demographic to public housing and provides and alternative housing type to the locality.

 

44.         Property Value

·    Loss of property value.

 

Comment: Impacts on property value are not a material planning consideration.

 

45.         Waste Management

·    Insufficient waste management facilities provided.

 

Comment: A condition is recommended to ensure sufficient waste facilities are provided in accordance with Appendix 1 of the DCP.

 

46.         Rainwater Tank

·    The rainwater tank and water recycling facilities are not shown.

 

Comment: A 2000litre below ground rainwater tank is shown at the rear of the site.  Council’s Team Leader, Subdivision and Development has requested a condition of consent to increase the capacity of the tank to 3000litres.

 

47.         Schedule of Finishes

·    The dark colours will absorb heat and unattractive.

 

Comment: The schedule of colours and finishes is considered appropriate. A BASIX certificate has also been provided to demonstrate the development will meet energy efficiency targets.

 

48.         Notification

·    Concerns were raised regarding the location of the notification sign.

    

Comment: The application was renotified in accordance with Council’s requirements.

 

Council Referrals 

 

Team Leader - Subdivision and Development

49.         No objections were raised subject to conditions of consent.

 

Senior Environmental Health and Building Surveyor

50.         No objections were raised subject to conditions of consent.

 

Tree Management Officer

51.         No objections were raised subject to the protection of the street tree, and two trees on the adjoining site during construction. Conditions of consent have been recommended for the protection of the neighbouring trees.

 

6.      CONCLUSION

52.         Development consent is sought for the construction of a two (2) storey boarding house providing accommodation for up to eighteen (18) residents at 11 Arnold Street Peakhurst.

 

The proposal has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act, 1979 (as amended).  As discussed throughout this report, the location of the subject site does not meet the requirements of an ‘accessible area’ under SEPP (ARH) 2009 and therefore this instrument does not apply. Even so, as boarding houses are permissible under HLEP 2012, it can be considered outside of the SEPP.   An assessment of the application against the controls of SEPP (ARH) 2009 as a guide, has found that the development is generally consistent with the provisions relating to boarding houses. The development has also been assessed against the DCP and the variations outlined in this report are also supported.

 

The application was notified and advertised in accordance with Development Control Plan No.1 – LGA Wide. Twelve (12) letters, twenty eight (28) form letters and a petition with thirty two (32) signatures were received objecting to the application. The issues raised have been addressed in this report and are not considered to warrant refusal of the application.

 

The application is recommended for approval. 

 

RECOMMENDATION

53.         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 DA2016/0348 for demolition of existing dwelling and construction of a two storey boarding house containing nine rooms on Lot 86 in DP 36368 and is known as 11 Arnold 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

DA.002

July 2017

Site Analysis

B

Monument Design Partnership

DA.003

July 2017

Site Plan

B

Monument Design Partnership

DA.004

July 2017

Ground Floor Plan

B

Monument Design Partnership

DA.005

July 2017

First Floor Plan

B

Monument Design Partnership

DA.006

July 2017

Roof Plan

B

Monument Design Partnership

DA.007

July 2017

Elevation North/South

B

Monument Design Partnership

DA.008

July 2017

Elevation East/West

C

Monument Design Partnership

DA.009

July 2017

Section AA and BB

B

Monument Design Partnership

DA.0010

July 2017

Section CC and DD

B

Monument Design Partnership

DA.0011

July 2017

Schedule of Finishes

B

Monument Design Partnership

DA.0015

July 2017

Window and Door Schedule

B

Monument Design Partnership

 

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

           

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

 

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

 

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

 

          (a)     Fees to be paid:

 

Fee types, bonds and contributions

 

Fee Type

Long Service Levy (to Long Service Corporation)

Builders Damage Deposit

Inspection Fee for Refund of Damage Deposit

S94A Contributions

 

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

$2,253.56

Construction Certificate Application Fee

$2,253.56

Construction Certificate Imaging Fee

$243.10

         

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: $1,900.00.

 

(b) Payment to Council of a non-refundable inspection fee to enable assessment of any damage and repairs where required: $150.00.

 

(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.

 

5.         GEN1023 - Section 94A Contributions - As at the date of Development Consent a contribution of $11,257.00 has been levied on the subject development pursuant to Section 94A Contributions Plan. The amount to be paid is to be adjusted at the time of the actual payment, in accordance with the provisions of the Section 94A Development Contributions Plan.

 

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.

 

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

 

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

 

The Section 94A Contributions Plan may be inspected at Council’s Customer Service Centres or online at www.georgesriver.nsw.gov.au.

 

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 Georges River Council’s website at: www.georgesriver.nsw.gov.au

 

For further information, please contact Council’s Customer Service Centre on (02) 9330 6400.

 

7.         APR6003 - 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 Arnold 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 Georges River Council’s Website at www.georgesriver.nsw.gov.au.

 

(b) In the Application Form, quote the Development Consent No. (eg. DA2014/****) 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 Traffic Authority, 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

 

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.         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.

 

10.       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.

 

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

 

(a) Compliance with the approved Erosion and Sediment Control Plan

(b) Removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed without approval)

(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.

 

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

 

13.       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.

 

14.       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

 

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. All areas identified in green on the approved site plan are to be soft landscaped and screen planting is to be provided along the western (side) and southern (rear) boundary. Plantings and landscaping  are  to be provided within the front setback.

 

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.       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.

 

(a)  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).

 

(b)  The proposed rainwater tank is to be increased in capacity to 3000litres.

 

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

 

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

 

17.       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

 

18.       CC3006 - Development Engineering - Detailed Stormwater Drainage Design - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken. A detailed drainage design supported by a catchment area plan and drainage calculations (including a Hydraulic Grade Line Analysis) must be submitted with the Construction Certificate application.

 

19.       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, Georges River Council prior to the issue of any Construction Certificate.

 

20.       CC8004 - Waste - Waste Storage Containers - The waste and recycling facilities are to be provided based on the following waste generation rates:

 

Domestic Waste:-   60 litres per occupant per week

Domestic Recycling:- 20 litres per occupant per week

 

If sufficient bins are unable to be accommodated in the approved waste storage area at the front of the site, additional bins are to be located at the rear of the site within the communal open space area and presented to the street on the day of collection.

 

21.       CC2011 - Development Assessment – BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No.778724M, dated 13 December 2016, approved with the Development Consent DA2016/0348, must be implemented on the plans lodged with the application for the Construction Certificate.

 

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

 

(a) One (1) Callistemon spp. (Bottlebrush) located on Council controlled land at the front of the site.

(b) One (1) mature, Acer negundo (Box elder), approximately 9m high, located at the rear of the adjoining property. 

(c)  One (1) mature, Jacaranda mimosifolia, approximately 9m high, located at the front of the adjoining property.

 

All trees to be retained shall be protected and maintained during demolition, excavation and construction of the site. A protective fence is to be installed at least 1.5m high and surround the tree 3.0m from the centre of the trunk. The temporary, protective fence is to be constructed of chain wire mesh panels held in place by concrete feet. Only manual excavation allowed in TPZ under the supervision of the project arborist who will advise, if any root pruning or tree sensitive design and construction measures should be undertaken. No storage of building materials, waste or any equipment in TPZ.

 

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.

 

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.

 

23.       PREC7001 - Building - Registered Surveyor’s 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- As required by Principal Certifying Authority.

      

       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.

 

24.       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 directly in front of the development site in Arnold Street.

 

25.       CON6002 - Engineering - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste or skip bins, or any other matter is not permitted unless separately approved by Council under Section 138 of the Roads Act and/or under Section 68 of the Local Government Act 1993. Penalty Infringement Notices may be issued for any offences and severe penalties apply.

 

26.       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.

 

27.       OCC2004 - Development Assessment - BASIX Compliance Certificate - A Compliance Certificate must be provided to the Principal Certifying Authority regarding the implementation of all energy efficiency measures as detailed in the BASIX Certificate No. 778724M dated 13 December 2016, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

 

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

 

29.       OCC2007 - Development Assessment - Allocation of car parking spaces - Car parking associated with the development is to be available on a first come, first served basis and must not be allocated to any particular room.

 

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

 

This covenant is to be worded as follows:

 

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

 

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

 

The Positive Covenant shall be registered at the NSW Department of Lands prior to the issue of a Final Occupation Certificate.

 

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

 

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

 

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

 

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

 

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

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

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

(d)     The orifice size/s;

(e)     Details of any infiltration/absorption systems.

 

32.       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 Arnold 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.

 

33.       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.

 

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

 

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

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

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

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

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

 

35.       OCC4004 - Health - Noise from mechanical plant and equipment - CBD Only - Noise from the operation of mechanical, equipment, ancillary fittings, machinery, mechanical ventilation system and/or refrigeration systems must not exceed background noise when measured at the nearest lot boundary of the site.  Where noise sensitive receivers are located within the site, noise from the operation of mechanical plant and equipment must not exceed background noise when measured at the nearest strata, stratum or community title boundary.

 

36.       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.

 

37.       OCC7002 - Building - Slip Resistance    - Floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in wet rooms 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.

 

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.

 

38.       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.

 

39.       ONG2009 - Development Assessment – Maximum Residents -  A maximum of eighteen (18) lodgers are permitted to reside on the site at any one time.

 

40.       ONG2009 - Development Assessment - Plan of Management - The ongoing use must be carried out in strict accordance with the approved Plan of Management prepared by Monument Plan dated June 2017.

 

41.       ONG3006        Development Engineering – On-going 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.

 

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

 

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

 

43.       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.

 

44.       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.

 

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.

 

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

 

46.       ADV7003 - Building - Council as PCA - Total Conformity with BCA - Should Council be appointed as the Principal Certifying Authority, the following matters prepared and certified by an appropriately qualified person, must be specifically detailed on the plans to be submitted with the Construction Certificate application, but is not necessarily be limited to include the following:

 

(a)Disabled access and sanitary facilities to comply with the Premises Standards, the BCA and with AS 1428.-2009.

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

c) Natural light and ventilation to habitable rooms.

d) 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.

e) Energy efficiency report demonstrating compliance with the BCA.

f)  Fire resistance levels of all building elements including walls, floors, columns, doors and windows openings, etc.

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

h) Access and egress that demonstrate compliance with the BCA

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

 

47.       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.

 

48.       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.

 

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.

 

49.       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.

 

50.       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.

 

51.       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.

 

52.       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.

 

53.       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.

 

54.       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.

 

55.       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 Georges River Council as the Principal Certifying Authority for your development.

 

56.       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.

 

57.       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.

 

58.       OPER1007 - Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifying Authority.  The critical stage inspections required to be carried out vary according to Building Class under the Building Code of Australia and are listed in Clause 162A of the Environmental Planning and Assessment Regulation 2000.

 

59.       OPER1008 - Notice to be given prior to critical stage inspections - The principal contractor for a building site, or the owner-builder, must notify the principal certifying authority at least 48 hours before each required inspection needs to be carried out.

 

Where Georges River 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.

 

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

 

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

 

An Occupation Certificate Application Form is attached for your convenience.

 

 

 

ATTACHMENTS

Attachment View1

Site Plan - 11 Arnold Street Peakhurst

Attachment View2

Elevations - 11 Arnold Street Peakhurst

Attachment View3

Shadow Diagrams - 11 Arnold Street Peakhurst

Attachment View4

Photomontage -  11 Arnold Street Peakhurst

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 17 August 2017

3.2                           11 Arnold Street Peakhurst

[Appendix 1]           Site Plan - 11 Arnold Street Peakhurst

 

 

Page 88

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 17 August 2017

3.2                           11 Arnold Street Peakhurst

[Appendix 2]           Elevations - 11 Arnold Street Peakhurst

 

 

Page 89

 


 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 17 August 2017

3.2                           11 Arnold Street Peakhurst

[Appendix 3]           Shadow Diagrams - 11 Arnold Street Peakhurst

 

 

Page 91

 


 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Thursday, 17 August 2017

3.2                           11 Arnold Street Peakhurst

[Appendix 4]           Photomontage -  11 Arnold Street Peakhurst

 

 

Page 93

 


Georges River Council – Independent Hearing and Assessment Panel Thursday, 17 August 2017

Page 94

 

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Thursday, 17 August 2017

 

IHAP Report No

3.3

Application No

DA 8/2017

Site Address & Ward Locality

849 King Georges Road South Hurstville

Blakehurst Ward

Proposal

Demolition of existing dwelling and construction of a four (4) storey residential flat building containing thirteen (13) units and basement car parking

Report Author/s

Team Leader Development Assessment  , Ben Latta

Owners

MSAR Holdings Pty Ltd

Applicant

Urban Link Pty Ltd

Zoning

Zone R3 - Medium Density Residential

Date Of Lodgement

30/01/2017

Submissions

Twenty four (24)

Cost of Works

 $3,090,258

Reason for Referral to IHAP

 Non compliances (height and minimum lot size ( both within 10%), number of unresolved objections

 

 

Recommendation

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

 

 

 

Site Plan

 

Executive Summary

 

Proposal

1.           Council is in receipt of an application for the demolition of existing dwelling and construction of a four (4) storey residential flat building with thirteen (13) units and basement parking on the subject site.

 

Site and Locality

2.           The site is a rectangular parcel of land with splayed corner presenting to the corner of King Georges Road and Tavistock South Hurstville. The site has an area of 914 square metres with moderate slope to the east.

3.           Development within the vicinity of the site is a mix of 1 – 3 storeys  and a mix of residential and non-residential uses

 

Zoning and Permissibility

4.           The site is zoned R3 Medium Density Residential under KLEP 2012 and the proposal is a permissible form of development with Council’s consent.  The proposed development satisfies all relevant clauses and objectives contained within the LEP with the exception of:

·    variation to minimum site area (1000sqm) under clause 4.1A; and

·    variation of 690mm (comprising lift overrun only) to the maximum height limit of 12m under Clause 4.3 .

 

Submissions

5.           Twenty four (24) submissions were received raising the following concerns:

·    Out of character with the area (bulk, scale, height, overdevelopment of site)

·    Non-compliances

·    Traffic and parking impacts

·    Tree and landscape issues

·    Excavation

·    Overshadowing

·    Privacy

 

Conclusion

6.           Having regard to the Heads of Consideration under Section 79C(1) of the Environmental Planning and Assessment Act 1979 and following a detailed assessment of the proposal Development Application No. 8/2017 should be approved by way of deferred commencement development consent subject to the imposition of conditions contained in this report, including Deferred Commencement conditions relating

a.   to relocating the building 1m closer towards Tavistock Rd,

b.   improvements to landscaping,

c.   reduction in size of north-eastern balconies and the “opening-up” of the doors of the ground floor lobby areas .

 

Report in Full

 

Proposal

7.           Council is in receipt of an application for the demolition of existing dwelling and construction of a four (4) storey residential flat building with thirteen (13) units and basement parking on the subject site.

 

8.           Specifically the proposal provides

·    Construction of four (4) storeys of residential accommodating thirteen (13) units (four (4) x one (1) bedroom, eight (8) x two (2) bedroom and one (1) x three (3) bedroom units)

·    One (1) level of basement car parking, for twenty one (21) cars, four (4) bikes, garbage and services .

·    Communal open space on ground floor

 

The Site and Locality

9.           The site is a rectangular shaped allotment with splayed corner on the western side of King Georges Road and Tavistock Road, South Hurstville The site has a moderate fall to the east, with a large wall retaining the King Georges Road frontage. The land has an area of 914sqm.

 

10.         Currently existing on the site is a single storey brick and tile dwelling.

 

11.         The streetscape along King Georges Road comprises a variety of low scale development types at one (1) to three (3) storeys in scale. Uses include a mechanical workshop across Tavistock Road to the south, a three (3) level retirement village south of the mechanical workshop, with driveway access to Tavistock Road and townhouses to the north of the site. Development in Tavistock Road comprises a mix of townhouses and one to two storey detached dwellings.  There is a church and child care centre diagonally to the north west of the site in The Mall. Development across King Georges Road generally comprises single dwellings.

 

Background

12.         On 30 January 2017 the Development Application subject of this report was lodged with Council.

 

13.         On 6 Feb 2017 a letter was sent to the applicant requiring submission information and fees for referral to the Design Review Panel, and revised Shadow diagrams showing all adjoining properties and shadows cast by all proposed buildings as the submitted diagrams did not show the outline of adjoining property boundaries and the buildings on them, including windows.

 

14.         On 16 February 2017 the applicant submitted the required information for Design Review Panel and shadow diagrams.

 

15.         From 27 February to 16 March 2017 the application was placed on neighbour notification.

 

16.         On 2 May 2017 the applicant was sent a letter requesting that the following issues needed to be addressed:

·    Submission of a clause 4.6 variation to the minimum lot size requirements under Clause 4.1A of KLEP 2012.

·    Address the recommendations of the St George Design Review Panel at their meeting of 6 April 2017.

·    Traffic and parking issues to be addressed.

·    Issues with compliance with the Building Code of Australia

 

17.         On 15 May 2017 the applicant submitted amended plans, Traffic Certificate by the Traffic Consultant on the amended car park design, written response to issues raised, including the Design Review Panel and a Clause 4.6 variation to the minimum lot size requirements.

 

18.         On 26 May 2017 Amendment No.2 to Kogarah Local Environmental Plan 2012 was gazetted. This included changes to height and floor space ratio of the site, though maintained the R3 Medium Density Residential zoning.

 

19.         On 24 July 2017 the applicant submitted a Clause 4.6 variation to the 12m height limit under Clause 4.3 of KLEP 2012 due to height becoming a development standards after gazettal of the amendment to KLEP 2012.

 

20.         The amended plans, reports and statements are relied upon for assessment in this report.

 

Section 79C Assessment

21.         The following is an assessment of the application with regard to Section 79C(1) of the Environmental Planning and Assessment Act 1979.

 

(1)         Matters for consideration – general

 

In determining an application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

 

(a)       the provision of:

(i) any environmental planning instrument,

 

Kogarah Local Environmental Plan 2012 (LEP 2012) 

 

Part 2 – Permitted or Prohibited Development

 

Clause 2.1 – Land Use Zones

22.         The subject site is zoned R3 Medium Density Residential and the proposal is a permissible form of development with Council’s consent and satisfies the objectives of the zone. 

 

 

 

Part 4 – Principal Development Standards

 

Applicable LEP Clause

Development Standards

Development Proposal

Compliance/

Comment

4.1A       Minimum Lot size

1000sqm

914sqm

No (see cl. 4.6 variation)

4.3       Height of Buildings

12m

12.69m

No (see cl.4.6 variation)

4.4       Floor Space Ratio

1:1 (914sqm)

0.99:1 (910sqm)

Yes

 

 

Clause 4.4 Floor Space Ratio

23.         As indicated in the above table, the proposal yields an FSR of 0.99:1, compliant with the 1:1 FSR permitted under Cl.4.4 of KLEP 2012.

 

24.         By way of clarification and ensuring floor space is calculated correctly, it is noted that the common foyer and lift lobby areas are excluded from gross floor area. These areas have open balustrades on the upper levels to the lift and the fire stairs are open form with open metal slats to their northern face. This constitutes exclusion from categorisation as being within the ‘internal face of the external enclosing walls measured at a height of 1400mm above finished floor level.

 

25.         This is supported by the following recent judgements in the Land and Environment Court of NSW:

·    MGT 6 Pty Ltd v The Council of the City of Sydney (2017) NSW LEC 1211

·    GGD Danks Street P/L and CR Danks Street P/L v Council of the City of Sydney (2015)

 

26.         To ensure that the ground floor satisfies the tests used to define GFA in the above cases, it is recommended that a condition be imposed to require the doors to the ground floor lobbies be replaced with open form gates or deleted.

 

Clause 4.6 – Exceptions to development standards

 

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

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

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

 

(2)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

 

Minimum Lot Sizes for multi dwelling housing, residential flat buildings and seniors living

 

27.         A minimum lot size of 1000sqm is required for residential flat buildings under Clause 4.1A(2) of KLEP 2012. The site is 914sqm in area and the proposal therefore requires submission of a request to vary the standard under Clause 4.6 of KLEP 2012. The variation is 86sqm or 8.6%. 

 

28.         The application is accompanied by a Clause 4.6 variation (prepared by GAT & Associates, received by Council 15/05/2017) that sets out the following justification for variation:

 

Is Compliance With the Development Standard Unreasonable or Unnecessary in the Circumstances of the Case?

 

29.         The statement seeks to justify that that compliance with the standard is unreasonable or unnecessary on the basis of the first method established in Wehbe v Pittwater Council (2007) NSW LEC 827 because the objectives of the development standard is achieved notwithstanding non-compliance with the standard.

 

The discussion provided below demonstrates how the proposal is consistent with the relevant objectives of Clause 4.1A.

(1) The objective of this clause is to achieve planned residential density in certain zones

 

The residential flat building proposed meets the desired density through the zoning of the land and the proposed controls under the Kogarah Local Environmental Plan 2012 (Amendment No 2) New City Plan for Kogarah.

 

The site is constrained by its adjoining properties. To the north west is an already redeveloped townhouse development, while to the south-west is a lower density zone (R2 Low Density Residential) consisting of a single dwelling. Amalgamation to the north west townhouses is not feasible and to the south-west, … the adjoining property … would result an irregular, L shaped lot that would be illogical to pursue given that the adjoining site could be amalgamated to its adjoining western lots into a rectangular lot. Consequently, the subject site is rendered isolated from amalgamation. Therefore, meeting the 1,000sqm is not realistic for this site.

 

As the shortfall in lot size area is only 86sqm, this not considered to be an excessive deviation under the Kogarah Local Environmental Plan 2012 (Amendment No 2) New City Plan for Kogarah, the proposed building height is 12m. The proposed development does exceed this control, but only for the lift overrun. No habitable floor space is located above the height control.

 

Under the Kogarah Local Environmental Plan 2012 (Amendment No 2) New City Plan for Kogarah, the proposed FSR 1:1. 0.98:1 is proposed, ensuring compliance.

 

Considering the zoning, height and proposed FSR, it is clear the intended type of development for the site is a residential flat building. Consequently, the proposed development meets the objective of the control.

 

It should be noted that as a result of the non-compliance, there is no significant impact to amenity or views for adjoining properties. Shadows primarily fall on King Georges Road and Tavistock Road, and where they do not the adjoining property receive more than sufficient solar access. Suitable private open space and landscaping are provided. Vehicular access is maintained on the secondary road, Tavistock Road, ensuring traffic impacts to King Georges Road are minimal.

 

The development is generally consistent with the current planning controls.

 

30.         Are there sufficient environmental planning grounds?

The assessment above demonstrates that the resultant environmental impacts of the proposal will be satisfactory.

 

The proposal meets the objectives the control, is generally consistent with the planning controls as described in the Statement of Environmental Effects and will not result in any unreasonable amenity or environmental impacts as a result of the non-compliance.

 

31.         Is the variation in the public interest?

It is considered that this submission provides sufficient environmental planning grounds to justify contravening the development standard under Part 4.

 

The development as proposed will be in the public interest as it is consistent with the objectives of Clause 4.1A.

 

The building contextually has regard to its surrounding properties and provides sufficient private open space and landscaping for the amenity of future residents.

 

Furthermore, it is important to also consider the objectives of the R3 Medium Density Residential zone in relation to the development, which are as follows:

•     To provide for the housing needs of the community within a medium density residential environment

•     To provide a variety of housing types within a medium density residential environment.

•     To enable other land uses that provide facilities or services to meet the day to day needs of residents.

 

In response to the above the following is provided:

•     The proposed development is for a medium density residential flat building located in a medium density environment

•     The development provides a variety of unit mix within a medium density residential environment

•     The proposal is for residential use only

 

Considering the above, it is considered that the proposed development does meet the objectives of the R3 Medium Density Residential zone.

 

It is considered that this submission provides sufficient environmental planning grounds to justify contravening the development standards, noting the development will be in the public interest.

 

Height of buildings

32.         The site is identified in the Height of Buildings Map in KLEP 2012 as having a maximum height limit of 12m.

 

33.         With reference to the submitted architectural plans, it is noted that a height of 12.69m is realised with respect to the lift overrun only, which is limited in both its width and area. The remainder of the building is compliant, with all gross floor area located below the 12m height limit.

 

34.         The application is accompanied by a Clause 4.6 variation (prepared by GAT & Associates, received by Council 24/07/2017) that sets out the following justification for variation:

 

35.         Is Compliance With the Development Standard Unreasonable or Unnecessary in the Circumstances of the Case?

 

The statement seeks to justify that that compliance with the standard is unreasonable or unnecessary on the basis of the first method established in Wehbe v Pittwater Council (2007) NSW LEC 827 because the objectives of the development standard is achieved notwithstanding non-compliance with the standard.

 

The discussion provided below demonstrates how the proposal is consistent with the objectives of Clause 4.3.

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

       (a) to establish the maximum height for buildings,

       (b) to minimise the impact of overshadowing, visual impact and loss of privacy on adjoining properties and open space areas,

       (c) to provide appropriate scale and intensity of development through height controls”.

 

While a variation is sought, it considered that the built form proposed is suitable for the site. The site is located on the corner of King Georges Road and Tavistock Road, two roadways that are varied in their built form and scale being zoned R3 Medium Density Residential and R2 Low Density Residential respectively. They include one and two storey detached dwellings reflective of an older housing stock as well as newer multi dwelling housing. Given the existing height control and the proposed floor space ratio control under the Kogarah Local Environmental Plan 2012 (Amendment No. 2) New City Plan for Kogarah for the R3 zone along King Georges Road, the desired future character of the King Georges Road corridor is to consist of more multi dwelling houses and medium density residential flat buildings, as both are permissible development in the R3 zone.

 

The proposed development has a maximum height of 12m, which implies a three or four storey development. The proposal is part three and part four storeys.

 

With respect to objective (b), the proposed development will mostly result in shadows falling over Tavistock Road per the shadow diagrams submitted to Council. Given the lift overrun is limited in width and area, and has been sited further to north western side of the building away from the roadways, the resultant height non-compliance will not cause any additional overshadowing and will have minimal visual impact from the public domain. The overshadowing to the property adjacent is limited to a portion of the morning hours, the front of the dwelling, and does not result in significant loss of solar access.

 

Objective (b) also considers loss of privacy on adjoining properties and open space areas. No area located above the 12m height plane is accessible. Consequently, the non-compliance in height does not result in the loss of privacy to adjoining properties or open space areas.

 

In terms of objective (c), the subject site is prescribed a maximum building height of 12m and has no existing floor space ratio control. However, it has been prescribed an FSR of 1:0:1 under the Kogarah Local Environmental Plan 2012 (Amendment No. 2) New City Plan for Kogarah, of which the site proposes 0.98:1 and is compliant. As previously mentioned, the controls for the site indicate that development for a building of the scale and intensity that is proposed is suitable for the subject site – a part three and part four storey residential flat building.

 

It is worth noting that the proposed variation to the height control is limited to the lift overrun, rather than any habitable floor, or even accessible, area. The lift overrun ensures equitable access to all floors. It is also only a non-compliance of 0.69m.

 

36.         Are there sufficient environmental planning grounds?

 

The assessment above and shown throughout the Statement of Environmental Effects demonstrates that the resultant environmental impacts of the proposal will be satisfactory.

 

The proposal addresses the site context and relevant objectives of both the standards and the zone.

 

We respectfully submit that the proposal will result in a better planning outcome as the development will provide for new residential accommodation in an area well serviced by public transport services and local infrastructure.

 

The development is also compliant with the maximum 1.0:1 FSR to be prescribed by the Kogarah Local Environmental Plan 2012 (Amendment No. 2) New City Plan for Kogarah, indicating the development is suitable for the site.

 

37.         Is the variation in the public interest?

 

Clause 4.6 states that the development consent must not be granted for development that contravenes a development standard unless the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is to be carried out.

 

It is considered that this submission provides sufficient environmental planning grounds to justify contravening the development standard under Part 4.

 

The development as proposed will be in the public interest as it is consistent with the objectives of Clause 4.3.

 

Furthermore, it is important to also consider the objectives of the R3 Medium Density Residential zone in relation to the development, which are as follows:

•     To provide for the housing needs of the community within a medium density residential environment.

•     To provide for a variety of housing types within a medium density residential environment.

•     To enable other land uses that provide facilities or services to meet the day to day needs of residents.

 

The following comments are made in relation to the zone objectives:

 

The proposal will provide for new medium density residential housing on the subject site in a medium density residential zone. The development will result in 13 units replacing a single dwelling, increasing the density on the site to meet the current and future housing needs of the community.

 

The proposal will provide for one, two and three bedroom units in a medium density residential environment, ensuring options for future residents.

 

38.         Officer Comment: With respect to both Clause 4.6 variations, to both minimum lot size and height of buildings, the variations are of a minor nature and do not detract from the objectives of Clauses 4.1A, 4.3 or for the R3 zone and there are no significant impacts resulting from the variation.

 

The submitted variations to both standards satisfy the provisions of Clause 4.6 of KLEP 2012 and the grounds on which they seek variation are supported. 

 

Part 5 – Miscellaneous Provisions

 

Clause 5.6 – Architectural Roof features

39.         The proposal includes a small projection comprising the lift overrun only, above the 12m height limit. The projection is minor and involves no usable habitable space, however, it is not an architectural or decorative element and therefore is not considered to satisfy the provisions of Clause 5.6 of KLEP 2012. The variation is already discussed in detail under the provisions of Clause 4.6 of KLEP 2012.

 

 

Clause 5.9 – Preservation of Trees or Vegetation

40.         Seven (7) trees covered by Clause 5.9 of Kogarah LEP 2012 located at 849 King Georges Road would require removal.

 

The trees include:

 

Tree Species 

Location on Site/Tree No

Work Required

Persia Americana

849 King Georges Road/ Tree 1

Removal

Syragrus romanzoffianum

849 King Georges Road/ Tree 2

Removal

Schefflera acutifolia

849 King Georges Road/ Tree 3

Removal

Jacaranda mimosifolia

849 King Georges Road/ Tree 4

Removal

Coffea arabica

849 King Georges Road/ Tree 5

Removal

Robinia pseudoacacia “Frisia”

849 King Georges Road/ Tree 6

Removal

Archontophoenix cunninghamiana

849 King Georges Road/ Tree 7

Removal

 

41.         The application was referred to Council’s Parks and Recreation Coordinator who raised no objection to the removal of these trees subject to suitable replacement trees being planted.

 

42.         The amended landscape plans show the Persia Americana (Avocado) Tree in the secondary frontage to Tavistock Road being retained as a response to the Design Review Panel recommendation to retain existing trees as far as possible.

 

43.         Council’s Parks and Recreation Coordinator did not specify conditions as to how many replacement trees are recommended on site, nor their specifications.

 

44.         Based on the available frontage and limitations on King Georges Road due to the location of services, It is recommended that two (2) street trees should be incorporated into the Tavistock Road frontage in accordance with Council Street Tree Management Strategy & Masterplan. Also the proposed Angophora costata in the southwestern corner of the site is to be replaced with a smaller, indigenous tree selected from the Indigenous Trees of Kogarah List, due to concerns raised by a resident. Further, along King Georges Rd, an amendment has been made to drop the wall in the front portion (1.2m). This area will provide planters with a thick edge to create a more pedestrian friendly street edge and better quality streetscape. This additional landscaping will be addressed in the landscape plan, which is recommended to be amended as a condition of consent.

 

Clause 5.10 – Heritage Conservation 

45.         The subject site is not listed as a heritage item in Schedule 5, is not within a Heritage Conservation Area, nor are there any heritage items located nearby.

 

Part 6 – Additional Local Provisions

 

Clause 6.1 – Acid Sulfate Soils

46.         The subject site is not shown as being affected by acid sulfate soils as identified on the Acid Sulfate Soil Map.

 

Clause 6.2 – Earthworks  (KLEP 2012)      

47.         The proposed earthworks are considered acceptable having regard to the provisions of this clause as the works are not likely to have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

 

Clause 6.3 – Flood Planning

48.         The subject site has not been identified as a flood planning area on the Flood Planning Maps.

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

49.         A BASIX Certificate has been issued for the proposed development and the commitments required by the BASIX Certificate have been satisfied.

 

State Environmental Planning Policy No 55 – Remediation of Land

50.         Clause 7 of SEPP No.55 requires that the consent authority must not consent to a development unless it has considered whether the land is contaminated.

 

51.         The site has a long term history and current use for low density residential living and residential use will be continued under the proposal. There is a low likelihood that the site is contaminated and no further investigation is warranted in this instance.

 

52.         Suitable demolition conditions will be imposed that will require any asbestos (if found) within the existing dwelling fabric to be removed in an appropriate manner.

 

State Environmental Planning Policy (Infrastructure) 2007

53.         The proposal is for residential use and has frontage to King Georges Road with a vehicular access point on Tavistock Road. King Georges Road carries an annual average daily traffic volume of more than 40,000 vehicles and is therefore subject to the provisions of Clauses 101 and 102 of the SEPP.

 

54.         The proposal is not classified as a ‘traffic generating development’ within the definition of Schedule 3 of the Infrastructure SEPP.

 

55.         The proposal satisfies the objections and considerations under Clauses 101(1) and (2) of the Infrastructure SEPP.

 

56.         Clause 102(3) states that:

 If the development is for the purposes of a building for residential use, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

(a)  in any bedroom in the building—35 dB(A) at any time between 10 pm and 7 am,

(b)  anywhere else in the building (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.

 

57.         The application is accompanied by an Acoustic Report (prepared by Acoustic Noise and Vibration Solutions P/L dated 24/01/2017). The application was referred to Council’s Environmental Health Officer who raised no objection to the proposal subject to the imposition of suitable conditions of consent being imposed.

 

58.         The proposal satisfies the provisions of Clause 102 of the Infrastructure SEPP.

 

State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development (SEPP No 65)

59.         The proposed development is subject to the provisions of SEPP No 65, which aims to improve the quality of residential flat design in NSW.

 

60.         The application has been accompanied by a design verification from a qualified designer that verifies that:

 

a)         He or she designed or directed the design of the modification, and

 

b)         The modifications achieve the design quality principles as set out in Part 2 of SEPP No 65, and

 

c)         The modifications do not diminish or detract from the design quality, or compromise the design intent of the approved development.  

 

61.         The application was referred to the Georges River Design Review Panel (DRP) for consideration at their meeting of 6 April 2017.  The following comments were provided with respect to the design quality principles set out in the Policy.

 

Context

62.         DRP Comment: The proposal would have benefited from a proper site analysis based on existing site conditions and recognition of the site context and particular positions of neighbouring buildings and open spaces. It appears that the overshadowing of the adjacent property in Tavistock Road has been misunderstood and wrongly shown in the drawings. This area of King Georges Road is in transition and this proposal will fit comfortably within a future character.

 

Care should be taken to protect privacy of the townhouse building to the north west (and any potential future development).

 

63.         Officer Comment: The plans have been amended to create a three pane window off northern side-facing bedroom, where the lower pane is obscure, this creates, in effect, a highlight window which has an operable transparent panes higher than 1.58m from finished floor level.

 

Whilst the Design Review Panel found the separation satisfactory, it is also recommended that to improve building separation to the northern neighbour to address the Apartment Design Guide (ADG) building separation requirements. It is recommended that a condition be imposed to move the building (excluding the basement and lift) 1.0m towards the southern Tavistock Road boundary. This will ensure that, excluding the lift, the building will be 5.5 - 6m from the northern boundary, which is appropriate for a 3-4 storey building.

 

It is also recommended that a condition be imposed to require the north-eastern balconies on levels 1 and 2 (units 101 and 201) be reduced to a depth of 1m (1m reduction) and that the privacy louvers be repositioned to improve privacy to northern and western neighbours.

 

Built Form and Scale

64.         DRP Comment: Satisfactory

 

65.         Officer comment: Despite the Panel’s satisfaction with the built form and scale of the proposal, the recommended increase to northern setback will create a better relationship between existing neighbouring development and the proposal in line with the ADG.

 

Sustainability

66.         DRP Comment: While the application meets the required 60% of cross ventilation the reliance on kitchen windows to the common lobby for the south facing single bedroom units is unrealistic.

 

Subject to BASIX.

 

67.         Officer Comment: The amended plans delete operable windows to the kitchens of two (2) units, replacing them with glass blocks to improve acoustic privacy. This maintains nine (9) out of thirteen (13) or 69.2% of units with cross ventilation, satisfying the ADG.

 

Landscape

68.         DRP Comment: Best use should be made of the deep soil zone to Tavistock Road. Existing trees should be retained where possible in deep soil zone. More thought should be given to the configuration of the private roof garden on Level 3 and its interactions with adjoining roof. Consider making the roof on Level 3 a part of communal open space roof top with measures to protect the privacy of the property to the north west and the proposed rooftop unit.

 

Consider overshadowing impacts to adjoining residential building on Tavistock Road.

 

Careful attention should be given to the street interfaces on Tavistock Road and King Georges Road in order to enhance the pedestrian street environment. Tall retaining walls and basement walls are not appropriate without suitable landscape treatment.

 

Street tree planting should be provided as appropriate.

 

69.         Officer Comment: The amended plan retain one (1) of the trees in the setback (deep soil) zone to Tavistock Road boundary The tree is an Avocado tree, where other trees are Mango and Umbrella Trees. These are of low significance and not worthy of retention.

 

The amended plans do not include a communal rooftop terrace as recommended by the Panel. The applicant’s response is concurred with, which states:

The benefits of having a communal open space on the roof (level 3) is not desirable due to over viewing/privacy issues that it would cause and create additional bulk – where in its current state the massing is minimal.

 

Overshadowing impacts to the adjoining dwelling on Tavistock Road has been carefully considered and the proposal satisfies solar access requirements under KDCP 2013. As it relates to that neighbour, building separation and height complies with KLEP 2012 and the ADG (6m setback). Furthermore, the recommendation to move the building 1m to the south, should further improve solar access to the neighbour, particularly in the morning.

 

In response to the Panel’s concern with the retaining wall height and finish to King Georgs Road, amendment has been made to drop the wall in the front portion (1.2m). This area will provide planters with a thick edge to create a more pedestrian friendly street edge and better quality streetscape to improve the amenity of this stretch of the road.

 

Street tree planting is recommended to Tavistock Road, though not on King Georges Road due to the location of services on an RMS asset.

 

Amenity

70.         DRP Comment: Four (4) units do not appear to have any internal storage. Over car bonnet storage is of very limited utility - a better method of storage should be investigated. The applicant should provide a schedule showing volumes of storage in each unit and the basement. Both adaptable units are above ground floor level. It would be highly desirable to transfer an adaptable unit to ground floor level given that there is only one (1) lift.

 

Kitchen windows facing into the lift lobbies creates a privacy issue.

 

71.         Officer Comment: In the amended plans, kitchen windows have been either deleted (such as on the ground floor) or converted into glass block windows to provide light but improve acoustic privacy.

 

Satisfactory over-bonnet storage is provided in the amended plans. The provision of adaptable units on levels 1 and 2 is considered satisfactory given that there is a lift for access and they have adequate outdoor balcony areas. To provide them on the ground floor would require the levels to be changed to obtain access to the private open space which would affect the grades of the driveway.

 

Safety

72.         DRP Comment: The disabled persons car spaces in the basement are positioned such that the route to the lift is dangerous near the curving access ramp. These spaces should be moved closer to the lift where there is more visibility.

 

There is no waiting space in front of the lift for disabled or abled persons. The lift should be moved to provide at least a 1.5m wide space

 

73.         Officer Comment: The applicant has provided the following response to the above comment which is supported:

The location of the disabled spaces are pre-determined due to several requirements within a very restricted site, e.g. the need for a turning bay and height clearances and a sloping natural ground level.

 

There is also a 1450 x 2250 space in front of the lift as well as a 1650 x 1900 waiting area directly next to this area.

 

Housing Diversity and Social Interaction

74.         DRP Comment: Satisfactory

 

Aesthetics

75.         DRP Comment: Satisfactory pending appropriate treatment of the street interface to both Tavistock Road and King Georges Road.

 

Consideration should be given to modifying the colour selections and brick selections to create a lighter appearance with more contrast.

 

76.         Officer Comment: The amended plans have responded to the above recommendations by creating a step in the wall and using a lighter brick colour.

 

Recommendation

77.         DRP Comment: The Panel supports the application subject to the changes described above.  The application satisfies the design quality principles contained in SEPP 65.

 

78.         Officer Comment: The proposal, as amended, is considered to adequately address the recommendations of the Design Review Panel and satisfies the provisions of SEPP 65. Further, the recommended conditions to increase building separation to the north and address privacy impacts from rear balconies, are considered to better satisfy the provisions of the ADG and therefore, SEPP 65.

 

Deemed State Environmental Planning Policy – Georges River Catchment

79.         All stormwater from the proposed development can be treated in accordance with Council’s Water Management Policy and would satisfy the relevant provisions of the Deemed State Environmental Planning Policy – Georges River Catchment

 

(ii)       any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority, and

 

80.         There are no draft planning instruments that are applicable to this site.

 

(iii)      any development control plan,

 

81.         The proposed development is subject to the provisions of the Kogarah DCP 2013 (KDCP2013). The following comments are made with respect to the proposal satisfying the objectives and controls contained within the DCP.

 

Development Control Plan - Compliance Table

82.         The following table outlines the proposals compliance with the primary controls contained within the applicable Development Control Plan.

 

Performance Criteria

 

DCP Provisions

Proposal

Compliance/Comment

Building Scale

No of Storeys

2

4

No – Takes height from KLEP 2012

Height

9m

12.69m

No - Takes height from KLEP 2012

Site Coverage

45%

42.8%

Yes

Site Density

1.3sqm site area/sqm dwelling

(703.1sqm)

1.0sqm site area/sqm dwelling (909.85sqm)

No

Minimum Frontage Width

20m

20.395m

Yes

Rhythm of Buildings

Setbacks

·    Front

 

·    Rear

·    Side (N)

·    Side (S)

 

Max 75% - 5m

Remainder - 7m

5m

5 – 5.25m

5 – 5.25m

 

5 – 5.5m

 

6m

4.5 – 5m

4.5m

 

Yes

No

Yes

No

No

Parking requirements

Residential

Visitor

18 spaces

2.6 paces

18 spaces

3 spaces

Yes

Yes

Other

Maximum Impervious Area

55%

64.5%

No

 

Non-Compliance/Variations

 

Minimum Site Density Requirements

83.         Under KDCP 2013, a minimum of 1.3sqm of site area per square metre of dwelling are is required. This equates to a total dwelling area limit of 703.1sqm.

 

84.         The proposal does not comply with this requirement, with dwelling area totalling 909.85sqm, a non-compliance of 206.75sqm.

 

85.         The proposal seeks a density and scale of building commensurate with the provisions of the recently gazetted KLEP 2012 (amendment no.2), which permits an FSR of 1:1. Irrespective of this, the proposal is of suitable scale and proportions that meets the objectives of the zone, and impacts are within acceptable limits.

 

86.         A minimum frontage of 20m is required in the R3 zone. The proposal has a 20.395m frontage to King Georges Road and 36m to Tavistock Road, complying with this requirement.

 

Height

87.         A maximum height of 7.4m to the H1 and 9m to the H2 points in the building envelope are permitted under KDCP 2013, with a maximum of two (2) storeys.

 

88.         The proposal does not comply with this requirement, adopting a height of 12m (12.69m to the top of the lift overrun). The proposal adopts 3-4 storey form with a height that is consistent with the recently adopted Amendment No.2 to KLEP 2012.

 

89.         The proposal will be higher than the existing scale of 1-2 storey development in the immediate vicinity of the site, though is consistent with the 12m height limit permitted within the block bounded by Tavistock Road, King Georges Road and The Mall.

 

90.         The height of the proposal is not considered to result in significant visual, overshadowing or privacy impacts, subject to suitable conditions being imposed as discussed in this report.

 

Setbacks

91.         Residential flat buildings are required to be setback a minimum of 5m (for up to 75% of the width) and 7m for the remainder of the façade.

 

92.         The proposal is setback 5 – 5.5m to the primary façade elements and balconies to King Georges Road, with the secondary facades behind balconies being setback 7.5m from the boundary. This is generally considered to satisfy the setback provisions, particularly given the narrow façade width and corner location of the site. 

 

93.         To the side and rear boundaries, the proposal is required to be setback 3m + ¼  the wall height over 3m. This equates to setbacks of 5 – 5.25m to the northern and southern side boundaries and 5m to the rear boundaries.

 

94.         The proposal complies with the rear boundary setback requirement adopting a 6m setback in accordance with ADG requirements. 

 

95.         It is recommended that a condition be imposed to move the building (excluding the basement and lift) 1.0m towards the southern Tavistock Road boundary. This will ensure that, excluding the lift, the building will be 5.5 - 6m from the northern boundary, which is appropriate for a 3-4 storey building.

 

96.         It is noted that the recommended relocation of the building to the south will increase the numerical non-compliance to the southern boundary by reducing the setback to Tavistock Road to 3.5m. The reduced setback is acceptable in this instance as due to the corner location, resulting in negligible privacy and overlooking impacts to adjoining properties.  The presentation to the streetscape on the secondary corner is not considered significantly altered. The improvements to northern and western neighbours outweighs any impact on the street.

 

Open Space

 

Communal Open space

97.         The proposal provides a communal open space area along the north and western side of the building at ground level, with a usable area of 225.26sqm.

 

98.         Under KDCP 2013 common open space is to be provided at a rate of 30sqm per dwelling for dwellings having balconies as the only form of private open space, with a minimum overall area of 75sqm and dimensions of 5m. Based on the above rate, the proposal is required to provide 300sqm of open space, with which the proposal does not comply as a single ‘usable’ area but overall provides over 300sqm in combined communal areas, common landscaping and deep soil zones.

 

99.         The ADG requires a communal open space area with a minimum dimension of 3m and area of 25% of the site area (228.5sqm). The proposal provides 24.6% of the site, or varying the guideline by 3.24sqm (a 1.4% variation). The variation is negligible and the area exceeds 230sqm including the surrounding planters. The proposed communal area provides a well landscaped and usable area with minimum dimensions of 5-6m with northern orientation.  Furthermore, the recommendation to increase the northern setback by 1m will add 30sqm to the communal area, ensuring compliance.

 

100.       A maximum impervious area of 55% of the site applies to residential flat buildings.

 

101.       The proposal has a maximum impervious area of 64.5% of the site, which does not comply with the above requirement. The variation is acceptable as the proposal provides 12% deep soil landscaping, suitable communal open space and landscape areas and utilises an onsite detention system to reduce stormwater flow to the drainage system.

 

102.       Private open space has been designed to comply with the provisions of the ADG.

 

Vehicular access, Parking and Circulation

103.       Parking is to be provided at a rate of one (1) space per one (1) bedroom unit, 1.5 spaces per two (2) bedroom unit and two (2) spaces per three (3) bedroom unit as well as one (1) space per five (5) units for visitors.

 

104.       Based on the above rates, eighteen (18) visitor parking spaces and three (3) visitor spaces, with which the proposal complies.

 

105.       The application is accompanied by a Carpark, Ramp and Driveway Certification of the proposal and a Traffic Report, prepared by ML Traffic Engineers (January 2017).

 

106.       The application was referred to Council’s Traffic Engineer who made the following comments:

·    The design boundary level on the southern edge of the driveway shall be RL 37.190.  The design boundary level on the northern edge of the driveway shall be RL 36.870.  The remaining driveway grades to the basement shall comply with the requirements of “AS/NZS 2890.1:2004 - Off Street Car Parking” to prevent vehicles scraping.

·    As the length of the driveway ramp from the street boundary to the basement slab is longer than 20 metres, in accordance with “AS/NZS 2890.1:2004 - Off Street Car Parking, Section 2.5.3 (b)”, the maximum grade shall be 1 in 5 (20%).  The submitted design has a maximum grade of 25% and shall be redesigned to comply with the standards.

·    Due to the design of the driveway ramp, the car spaces south of the lift under the ramp do not comply with the Headroom requirements of “AS/NZS 2890.1:2004 - Off Street Car Parking, Section 5.3.1” as the height between the floor and the driveway ramp is less than the minimum 2.2 metres.

·    If the Visitor spaces are full and another Visitor arrives, there is no area that their vehicle can turn around to exit the basement in a forward direction.

·    As the majority of the driveway ramp is designed as one-way and there is restricted sight for vehicles and there are no passing opportunities, vehicle safety measures shall be proposed to ensure that there only ever one vehicle on the ramp at one time. These shall be shown on the submitted plans.  A convex safety mirror will not be appropriate in this instance due to the length and curvature of the ramp.

·    There is no indication in the Traffic Report that indicates the date that the traffic counts were conducted in the site’s vicinity. Section 4.2 of the Traffic Report states that there is adequate on-street parking available if there is Visitor overspill, however there has been no on-street parking survey conducted to verify this comment.

·    No swept vehicle clearance paths have been submitted in the “Driveway Ramp Compliance” document.

 

107.       The plans have been amended to satisfy the above issues. The amended plans and traffic report from ML Traffic Engineers have been reviewed by Council’s Traffic Engineer and found satisfactory subject to the imposition of suitable conditions.

 

Privacy

108.       Part C2 of KDCP 2013 is generally silent on privacy with the exception of referencing privacy in the setback objectives.

 

109.       A merit assessment and the provisions of the ADG are relied upon for privacy assessment in this report.

 

110.       The proposal is generally well resolved with respect to fenestration and setbacks. Windows off habitable rooms are generally minimised or have frosted lower panes to create a highlight window.  As already discussed, moving the building as recommended to the south will improve separation in line with the privacy provisions of the ADG.

 

111.       As already discussed, the secondary balconies to the units in the western corner on Levels 1 and 2 are to be reduced by way of condition.

 

Solar Access

112.       Where the neighbouring properties are affected by overshadowing, at least 50% of the neighbouring existing primary private open space or windows to main living areas must receive a minimum of 3 hours sunlight between 9am–3pm on the winter solstice.

 

113.       The proposal complies with the above requirement as the shadows predominantly fall on Tavistock Road, with only 9am – 12pm overshadowing on the eastern side wall of 53 Tavistock Road adjoining to the west of the site. There is only one small window on the affected neighbour’s elevation. It is noted that the recommended relocation of the proposal towards the Tavistock Road boundary will further reduce any impact on the western neighbor. 

 

114.       There is no impact on the private open space area of 53 Tavistock Road. There are no residences across Tavistock Road that are in the longest 3pm shadow falling to the southeast of the site.

 

115.       With respect to the provision of solar access to units within the development, the provisions of the ADG are considered to take precedence and the proposal complies with these requirements.

 

116.       The communal open space area is oriented to the north of the building and receives good solar access.

 

Views and View Sharing

117.       No issues are raised with respect to views.

 

Section 94 Contributions

118.       The proposed development requires payment of $111,900.05 in Section 94 contributions based on the provisions of Council’s Section 94 Plans for Open Space, Road and Traffic Management and Libraries.

 

119.       The contribution amount is based on the construction of four (4) x one (1) bedroom units, eight (8) x two (2) bedroom units and one (1) x three (3) bedroom units with concession for one (1) lot.

 

(iv)      any matters prescribed by the regulations, that apply to the land to which the development application relates,

 

120.       Not applicable.

 

(b)       the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

 

121.       The proposed development is of a scale and character that is in keeping with other dwellings being constructed in the locality. Accordingly, the proposal is not considered to have a significant impact on the natural and built environment of the locality.

 

(c)     the suitability of the site for the development,

 

122.       It is considered that the proposed development is of a scale and design that is suitable for the site having regard to its size and shape, its topography, vegetation and relationship to adjoining developments.

 

(d)     any submissions made in accordance with this Act or the regulations,

 

123.       In accordance with the provisions of Council’s notification requirements, the application was placed on neighbour notification for a period of fourteen (14) days where adjoining property owners were notified in writing of the proposal and invited to comment. There were a total of twenty four (24) submissions received raising the following concerns:

 

          Non-compliances  

 

124.       Comment: A number of objections note a number of non-compliances with minimum lot size, height, floor space ratio, site density and setbacks.

 

The non-compliances have been discussed in detail in this report and have either been found acceptable, compliant or resolved through the amendment of the plans.

 

          Out of character with the area

 

125.       Comment: A number of objections have raised concern that the type, bulk and scale of the proposal is out of character with the area and an ‘overdevelopment’ of the site.

 

As a 3-4 storey residential flat building, it is accepted that the proposal does not strictly fit the existing immediate context. However, this is the case where the first application for a development under a newly gazetted plan is proposed. The proposal, in terms of scale, proportions, density, setbacks and landscaping is acceptable for the desired emerging character of the area and not considered and overdevelopment of the site.

 

          Traffic and parking

 

126.       Comment: The objectors have raised concerns that the proposal will result in unacceptable traffic and parking impacts on the local streets in the vicinity of the site.

 

The proposal complies with the parking requirements in KDCP 2013.

 

In terms of traffic generation, the Traffic And Parking Report (ML Traffic Engineers, January 2017) states that the proposal will generate a low number of additional trips in the peak hour and has analysed the King Georges Road/Tavistock Road intersection and the Connells Point Road/King Georges Road intersection, to ascertain additional development traffic impacts.  The report has been referred to Council’s Traffic Engineer and accepted. The proposal is not considered to result in a significant increase in vehicle trips on the local road network.

 

The issues raised by objectors are not significant to warrant further modification or refusal.

 

          Tree and landscaping

 

127.       Comment: An objector from Grosvenor Road is concerned that the submitted landscape plan proposes the planting of ‘large trees which will not only affect our natural light but the roots of which may well undermine our garden and foundations, not to mention the debris caused’.

 

The objector is north of the site and therefore the trees will not affect access to sunlight. With respect to the affectation on the neighbouring gardens and foundations, the landscape plan shows screening hedging over the majority of the boundary planting with two trees, being a Saucer Magnolia and a Crepe Myrtle. The proposal also removes a tree near the objector’s boundary.  Tree planting is encouraged in residential development and tree planting in of itself does not require development consent. The proposed species are considered acceptable and non-invasive.

 

An objector from Tavistock Road is concerned that the submitted landscape plan proposes an Angophora costata in the Tavistock Road setback zone in the corner bounding the objector’s property. Angophoras are a large tree, having a mature height of 30m and spread of 15m (as indicated in the landscape plan schedule).  The objection is considered substantiated and an alternative indigenous tree is recommended with a smaller canopy and low propensity to drop branches.

 

          Excavation

 

128.       Comment: A number of objections are concerned with the impacts resulting from excavation of a large basement carpark. The objector to the north at No.46A Grosvenor Street is concerned that ground anchors may be required and would not consent to their installation within his property.

 

The proposal involves excavation of one level of basement parking with a maximum depth of up to 4.9m. The basement footprint extends to the northern, eastern and western boundary, with a 3.5m deep soil zone along the Tavistock Road frontage.


The application is accompanied by a Geotechnical Desktop Study (STS GeoEnvironmental, January 2017). The Study provides likely subsoil conditions and excavation methodology. Ground anchors are mentioned though not specified. If anchors or props extend into adjoining properties it will be necessary to obtain the permission of the property owners.

 

It is recommended that suitable conditions be imposed to require submission of appropriate geotechnical and dilapidation reports, as well conditions to ensure shoring and adequacy of adjoining properties.

 

The objectors concerns with excavation have been appropriately addressed in the assessment and via the imposition of suitable conditions.

 

          Overshadowing

 

129.       Comment: A number of objections have raised concern that the proposal will overshadow adjoining and nearby properties.

 

This issue has already been discussed in this report and the proposal found acceptable. No further modification or refusal is warranted.

 

          Privacy

 

130.       Comment: A number of objections have raised concern that the proposal will overlook adjoining properties, particularly to 46A Grosvenor Road.

 

This issue has already been discussed in this report and it is recommended that deferred commencement conditions are imposed to move the building south 1m and amend privacy screening and northern balconies.

 

Mediation/Public Meeting

 

131.       No mediation has been undertaken

 

Telephone conversations have been held with the owner of 53 Tavistock Road in July 2017.

 

 (e)    the public interest.

 

132.       The proposed development is of a scale and character that does not conflict with the public interest.

 

Conclusion

133.       The application has been assessed having regard to the Heads of Consideration under Section 79C of the Environmental Planning and Assessment Act 1979, the provisions of the relative LEP 2012 and DCP. 

 

134.       Following detailed assessment it is considered that Development Application No.8/2017 should be approved by way of deferred commencement subject to conditions.

 

SPECIFIC DEVELOPMENT CONDITIONS

 

SECTION A - General Conditions

 

The conditions that follow in this Section A of the Notice of Determination are general conditions which are imposed to ensure that the development is carried out in accordance with the development consent.

 

(1)       Deferred Commencement

 

Pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, this consent will not operate until such time as the following requirements of Council are fulfilled.  These requirements are:

 

(i)    To improve building separation to the northern neighbour, the building shall be moved 1.0m towards the southern (Tavistock Road) boundary (from RL 37.0 and above, excluding the basement and lift).

(ii)   The north-eastern balconies on levels 1 and 2 (units 101 and 201) be reduced to a depth of 1m (1m reduction) and that the privacy louvers be repositioned to improve privacy to northern and western neighbours.

(iii)  The double doors to the northern and southern ends of the common ground floor lobby areas shall be either deleted or replaced with open form metal gates.

(iv)   The landscape plan being amended to replace the proposed Angophora costata in the southwestern corner of the site with a smaller, indigenous tree selected from the Indigenous Trees of Kogarah List; demonstrate the smaller retaining wall and planters along King Georges Rd, and show the two (2) street trees incorporated into the Tavistock Road frontage in accordance with Council Street Tree Management Strategy & Masterplan.

 

This Development Consent does not become operative until the above requirements have been satisfactorily addressed.

 

(2)       Approved Plans of Consent

 

The development must be implemented in accordance with the approved plans, specifications and details listed below and any supporting information submitted with the Development Application except as amended by any conditions attached to the Development Consent:

 

(i)         Architectural plans – prepared by Urban Link, Project No.16-144, Drawing Nos DA01, DA02, DA05, DA06, DA08, DA09, DA14  dated 13/04/2017; DA04 and DA07, Rev.C, dated 08/06/2017.

 

(ii)        Landscape plans – prepared by Susan Stratton Landscape Architects Pty Ltd, Drawing No. LA-01, Rev. C, dated 18/04/2017

 

(iii)       Stormwater plans – prepared by LMW Design Group P/L, Job No.1182.17, Drawing Nos. D1, D2, D3, D5, D6, D7, Rev B, D4, Rev C dated 24 January 2017.

 

SECTION B – Prior to the Issue of a Construction Certificate or Demolition Conditions

 

The conditions that follow in this Section B of the Notice of Determination relate to the payment of fees, amendments being made to the proposal, further investigation being undertaken or the preparation of documentation that must be complied with prior to the issue of a Construction Certificate or Demolition.

 

Note:  A copy of the Construction Certificate shall be forwarded to Council prior to commencement of construction where Council is not the certifier who issued the Construction Certificate.

 

(3)       Asset & Building Fees

 

Payment of the following amounts as detailed below:

 

·    *Builders Long Service Levy of            $10,815.00

·    Driveway and Restoration Works Design
Inspection Fee of                                   $750.00

·    Asset Inspection Fee of                        $110.00

 

*Note: The Builders Long Service Levy quoted is based on the market value of the proposed building works and the Levy Rate applicable at the time of assessing the Development Application and may be subject to change prior to payment.

 

(4)       Restoration Deposit

 

Prior to the issue of a construction certificate, a restoration/damage deposit of $27,900.00 shall be lodged with Council to ensure the completion of the following works and restoration of Council assets damaged during the course of construction.  These works are to be completed at the applicant's expense.

·     Construction of a new 1.5 metre wide concrete footpath across the full street frontage in Tavistock Road.

·     All associated road pavement restorations.

·     Installation of turf as required across all street frontages.

 

These works are to be completed in accordance with plans and specifications to be issued by Council.

 

(5)       Section 94 Index

 

Section 94 Contributions are to be paid as detailed below in the following condition, and until paid all contributions will be indexed four (4) times a year (on the following dates) to allow for the cost increases: 31 January, 30 April, 31 July and 31 October.

 

(6)       Section 94 Contributions

 

As at the date of Development Consent the following contributions have been levied on the subject development under Section 94 of the Environmental Planning and Assessment Act, 1979 and the nominated Section 94 Contributions Plans:

 

No.1 – Roads and Traffic Management – Residential

$1,587.46

No.5 – Open Space 2007

$106,289.99

No.9 – Kogarah Libraries – Buildings

$2,348.32

No.9 – Kogarah Libraries – Books

$1,674.28

 

TOTAL

 

$111,900.05

 

Any of the above Section 94 Contributions Plans may be inspected at the Georges River Council Customer Service Centres.

 

(7)       Dilapidation Report

 

Prior to issue of any construction certificate or commencement of any demolition or earth works on site, the applicant shall submit, for acceptance by the Principal Certifying Authority (PCA), with a copy forwarded to Council where Council is not the PCA, a full dilapidation report on the visible and structural condition of the following properties;

 

(i)         All neighbouring buildings likely to be affected by the excavation as determined by the consulting engineer.

 

The report must be completed by a suitably qualified consulting structural/ geotechnical engineer as determined necessary by that professional based on the excavations for the proposal, the subsoil conditions and any recommendations of a geotechnical report for the site. The report shall have regard to protecting the applicant from spurious claims for structural damage and shall be verified by all stakeholders as far as practicable.”

 

Reports relating to properties that refuse access to carry out inspections to complete the dilapidation report, after being given reasonable written notice to request access (at least 14 days) at a reasonable time (8.00am-6.00pm), are not to hold up the release of the Construction Certificate.

 

(8)       Soil and Water Management

 

A Soil and Water Management Control Plan, incorporating contour levels and prepared in accordance with Environmental Site Management Policy shall be submitted to Council detailing all measures to control soil erosion and sedimentation runoff from the site during excavation and construction activities.

 

(9)       SEPP No 65 Certification

 

A design verification statement from a qualified designer shall be submitted that verifying that the plans and specifications achieve the design quality of the development for which consent was granted having regard to the design quality principles of State Environmental Planning Policy No. 65.

 

(10)     Adaptable Housing Compliance

 

The proposed development including the nominated adaptable units shall comply with the adaptable housing provisions of AS4299 – Adaptable Housing and AS1498 – Access and Mobility (Parts 1 and 2). The Adaptable Housing checklist and circulation diagram demonstrating compliance shall be submitted.

 

(11)     Revised Landscape Plan

 

The landscape plan prepared by shall be revised having regard to the requirements of section B2 – Tree Management and GreenWeb of Kogarah Development Control Plan 2013:.

 

(a)  The amendments made to the approved architectural plans.

 

(b)       Two (2) street trees being incorporated into the Tavistock Road frontage in accordance with Councils Street Tree Management Strategy & Master Plan.

 

(c)        Details required for tree/ shrub planting, planter boxes, turfing and edging

 

The revised landscape plan shall be prepared by a landscape designer or landscape architect.

 

Note: A Landscape Designer is a person eligible for membership of the Australian Institute of Landscape Designers and Managers and a Landscape Architect is a person eligible for membership of the Australian Institute of Landscape Architects as a Registered Landscape Architect.

 

Certification to this effect shall be provided by an accredited certifier.

 

(12)     Noise from road and rail

 

To minimise the impact of noise from the adjoining major road and / or rail corridor on the occupants, the building shall be constructed in accordance with the recommendations of the acoustic report by Acoustic Noise & Vibration Solutions P/L, dated 24 January 2017 approved as part of this application.

 

(13)     Ausgrid Sub Station

 

The applicant is to confer with Ausgrid to determine if an electricity distribution substation is required. If so, shall be incorporated within the Construction Certificate and it will be necessary for the final film survey plan to be endorsed with an area having dimensions 5m x 4m over the location of the proposed electricity distribution substation to be dedicated to Council as public roadway, or as otherwise agreed with Ausgrid. Ausgrid’s requirements are to be met prior to release of the occupation certificate.

 

(14)     Clearances to Overhead Mains

 

If any part of the proposed structure, within 5m of a street frontage, is higher than 3m above footway level, the applicant is to confer with Ausgrid to determine if satisfactory clearances to any existing overhead mains will be affected. If so, the applicant is to make arrangements with Ausgrid for any necessary modification to the electrical network in question.

 

These works to be at the applicant’s expense and Ausgrid’s requirements are to be met prior to actual construction commencing on site or as agreed with Ausgrid.

 

(15)     Sydney Water (DA Only)

 

The approved plans must be processed through Sydney Water to determine whether the development will affect any Sydney Water asset’s (sewer and water mains, stormwater drains and/or easements) and if any further requirements need to be met.  An approval receipt will be issued by Sydney Water which is to be submitted to Council or the Principal Certifying Authority.

 

Please refer to the web site www.sydneywater.com.au for;

 

·    Sydney Water Tap in – see Plumbing, building and developing and then Sydney Water Tap in; and

·    Building over/adjacent to a Sydney Water Asset - see Plumbing, building and developing, building then Building Approvals or telephone 13 20 92.

 

SECTION C – Prior to Commencement of Construction Conditions

 

The conditions that follow in this Section C of the Notice of Determination are specific to the proposed development and must be complied with prior to the commencement of construction on the site.

 

(16)     Geotechnical Report

 

Excavation of the site is to extend only to that area required for building works depicted upon the approved plans. All excess excavated material shall be removed from the site.  In this regard, all excavated waste materials shall be disposed of at an approved Waste Depot.

 

No rock breaking or other machinery for the excavation, drilling, cutting or removal of rock shall be used on the site prior to the acceptance by the principal certifying authority of the following documentation:

 

(i)         A report by a geotechnical engineer detailing the measures recommended in undertaking the works so as to prevent damage to any adjoining or nearby buildings.

(ii)        The type and size of machinery proposed.

(iii)       The routes of all trucks to convey material to and from the site.

 

(17)     Certification of Detailed Plan

 

The detailed stormwater plan is to be certified by a Chartered Professional Engineer.  A statement, that the stormwater system has been designed in accordance with Council’s Water Management Policy and satisfies the provisions and objectives of that policy, must be included in the Stormwater Detailed Plan.

 

(18)     On-Site Detention

 

A 19.9m3 On-Site Detention system with a Maximum Site Discharge of 16.0 Litres per Second is to be provided in accordance with the Stormwater Concept Plan and associated Design Assessment Report. The overflow is to be directed to the site drainage system.

 

(19)     Certification by Mechanical Engineer

 

To ensure that adequate provision is made for ventilation of the building, mechanical and /or natural ventilation shall be provided. These systems shall be designed in accordance with the provisions of:-

 

a)   The Building Code of Australia;

b)   Australian Standard AS 1668 Part 1 - 1998;

c)   Australian Standard AS 1668 Part 2 - 2002;

d)   The Public Health Act 2010;

e)   The Public Health Regulation 2012;

f)    Australian Standard 3666.1 - 2002;

g)   Australian Standard 3666.2 - 2002;

h)   Australian Standard 3666.3 - 2000.

 

Details of all mechanical and /or natural ventilation systems, along with specific certification, provided by an appropriately qualified person, verifying compliance with the abovementioned requirements.

 

(20)     Structural Engineer’s Details

 

Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns & other structural members.  The details are to be submitted to the Principal Certifying Authority for approval prior to construction of the specified works.

 

A copy shall be forwarded to Council where Council is not the PCA.

 

(21)     Protection of Site – Hoarding

 

A hoarding or fence must be erected between the work site and the public place if:

 

·    the work involved in the erection or demolition of a building is likely to cause obstruction or inconvenience to pedestrian or vehicular traffic in a public place; or

·    if it involves the enclosure of a public place.

 

If necessary an awning is to be erected which is sufficient to prevent any substance from or in connection with the work from falling into a public place.

 

Any such hoarding, fence or awning is to be removed when the work has been completed.

 

If the work site is likely to be hazardous to persons in a public place, it must be kept lit between sunset and sunrise.

 

(22)     Ground Anchors

 

Should the proposed development require the installation of ground anchors to a road reserve the following must be complied with:

 

·    The appropriate Roads Act 1993 approvals shall be obtained.

·    The anchoring is to be de-stressed once no longer required.

·    The work is to be clear of all services contained within the public roadway and the required dial before you dig investigations are to be undertaken in relation to any services that may be in the proposed anchor locations.

·    Public liability insurances being held by the builder/ developer with a copy being submitted to Council.

·    A works-as-executed plan showing the exact location of all anchoring points being submitted to Council upon their installation.

 

It is to be noted that if anchoring into adjacent private properties is required any such approval would need to be obtained from the owners of this property.

 

(23)     Driveway

 

In respect to vehicular access to the proposed development the gutter crossing and driveway are to be reconstructed between the kerb and street alignment to Council’s specifications.

 

In this regard a separate driveway application is to be lodged with Council for works outside the property boundary.  Furthermore the design boundary level is to be received from Council prior to construction of the internal driveway.

 

(24)     Council Infrastructure Inspection

 

Prior to the commencement of any works an authorised representative of the applicant is to organise and attend a meeting on site with Council’s Infrastructure Compliance Co-ordinator to discuss protection of Council’s infrastructure. To organise this meeting contact Council’s Customer Service Centre on 9330 6400.

 

(25)     Public Liability Insurance

 

All nominated contractors / applicants carrying out driveway and/or restoration works on Council property must carry public liability insurance with a minimum cover of twenty million dollars ($20,000,000.00). In this regard, prior to commencement of works, the principal contractor is to lodge an “Application for the Construction of Work by Private Contractor” to Council, which includes submitting evidence of their current insurance. The principal contractor must ensure that sub-contractors are also adequately insured.

 

(26)     Soil Erosion Controls

 

Prior to commencement of any site works, erosion and sediment controls are to be installed in accordance with Environmental Site Management Policy and any approved Soil & Water Management Plan and shall incorporate:

 

·    Measures to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways;

 

·    Controls to prevent tracking of sand, soil, aggregates, etc, by vehicles onto adjoining roadways.

 

(27)     Detailed Stormwater Plan

 

The submitted stormwater plan has been assessed and approved as a concept plan only. No detailed assessment of the design has been undertaken. A Detailed Stormwater Plan and supporting information of the proposed on-site stormwater management system is to be submitted. The required details in this Plan and the relevant checklist are presented in Council’s Water Management Policy.

 

The design parameters and the general concept of the proposed on-site stormwater management system are to be the same as documented in the approved Concept Stormwater Plan for the proposed development. Any conceptual variations to the stormwater design will require written approval from Council and will require to be justified and supported by appropriate details, calculations and information to allow for proper assessment.

 

The Detailed Stormwater Plan is to address the following issue(s):

a)   A suitably qualified engineer is to certify that appropriate design measures have been taken to ensure that the basement is protected from flooding in the case of the On-site Detention system malfunctioning.

b)   An oil/silt separator sized to the catchment area must be specified on the Detailed Stormwater Plan and located downstream of the proposed basement car parks and prior to discharge to Councils stormwater system.

 

SECTION D – Construction and Operational Conditions

 

The conditions that follow in this Section D of the Notice of Determination are imposed to ensure the development is constructed and operates having regard to relevant legislation and does not unreasonably impact on the amenity of the locality or environment during the construction phase or the operation of the use.

 

(28)     Inspections -Multi Unit

 

The following lists of inspections are the MANDATORY CRITICAL STAGE INSPECTIONS that MUST be carried out by the Principal Certifying Authority (PCA).

 

(a)       at the commencement of building works

(b)       prior to covering waterproofing in any wet areas, for a minimum of 10% of rooms with wet areas within a building, and

(c)        prior to covering any stormwater drainage connections, and

(d)       after the building work has been completed and prior to any occupation certificate being issued in relation to the building.

 

Certificates from your engineer or subcontractor are NOT acceptable in the first instance for the above inspections.  Failure to have your PCA carry out these inspections could result in a delay or refusal to issue an Occupation Certificate.

 

In addition to the above, it is recommended that the following inspections be carried out for the subject development;

 

·    Erosion Control

·    Earthworks/Excavation

·    Building setout

·    Concrete reinforcement

·    Timber and/or steel framework

·    Mechanical/Hydraulic work

·    Driveways

·    Landscaping

·    External Finishes

 

(29)     Storage of materials on Public Road

 

All building materials or waste containers must be stored within the confines of the site.  The storage of such building materials, waste containers or equipment associated with the project upon the public roadway, including the pedestrian footway or unpaved verge, is prohibited.

 

(30)     Use of Crane on Public Road

 

Prior approval must be obtained from Council a minimum of 24 hours before the use on any site of a crane, hoist or similar machinery that will be used to transfer materials across Council’s footpath.  This includes cranes that are situated on roadways, footpaths and road reserves.

 

Any application for approval must be accompanied by the following information:-

 

·    Site sketch indicating the proposed location of the crane, pedestrian controls and traffic controls;

·    A copy of current public liability insurance with minimum cover of twenty million dollars ($20,000,000) indemnifying Council in the event of an incident;

·    A copy of an RMS accredited traffic control plan;

·    Proof that the local area command of the NSW Police have been advised of the proposal.

 

The use of a crane, hoist or similar machinery on any site without prior approval is prohibited.

 

(31)     Building Height - Surveyors Certificate

 

The proposed building is not to be erected at a height greater than that indicated on the approved plan.  A certificate from a Registered Surveyor verifying the correct Reduced Level of the ground floor slab and boundary clearances shall be submitted prior to inspection of the steel reinforcement.

 

(32)     Excavation of Site

 

Excavation of the site is to extend only to that area required for building works depicted upon the approved plans.  All excess excavated material shall be removed from the site.  In this regard, all excavated waste materials shall be disposed of at an approved Waste Depot (details are available from Council).

 

All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

 

All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

 

If the soil conditions require it, retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil shall be provided and adequate provision shall be made for drainage.

 

(33)     Stormwater to Kerb

 

Any stormwater connections to the kerb and gutter are to be in accordance with Council's 'Specification for Construction by Private Contractors'.

 

(34)     Redundant Driveway

 

All existing vehicular crossings adjacent to the subject premises that have become redundant shall be removed and the footway and kerb and gutter reinstated at the developer/applicants expense.

 

(35)     Work within Road Reserve

 

A Development Consent or any related Construction Certificate does not allow for the erection of a structure or to carry out work in, on or over a public road.  Should a structure or work be required a separate approval under S138 of the Road Act 1993 must be granted by Council prior to the commencement of any works within the road reserve. Applications may be made at Council’s Customer Service Centre.

 

(36)     Damage within Road Reserve & Council Assets

 

The owner shall bear the cost of restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site.  This may include works by Public Utility Authorities in the course of providing services to the site.

 

(37)     Public Utility & Telecommunication Assets

 

The owner shall bear the cost of any relocation or modification required to any Public Utility Authority assets including telecommunication lines & cables and restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site.

 

(38)     Stormwater Drainage

 

All roof water and surface water from paved or concreted areas being disposed of to the street gutter by means of a sealed pipeline constructed in accordance with AS/NZS 3500.3.2.  The line must pass through a silt arrestor pit, a standard design is available within Council’s Water Management Policy.

 

(39)     Garbage Room

 

The proposed garbage room being provided with the following:-

 

a)         A smooth concrete floor graded and drained to a floor waste connected to the sewer of the Water Board.

 

b)         The walls being cement rendered with the intersection of the walls and floor being coved to a radius of not less than 25mm.

 

c)         The door being close fitting to prevent the access of rats and mice.

 

d)         A cold water hose cock being provided for the cleaning of containers and the room itself.

 

e)         Ventilation being provided by means of direct connection to the outside air to the satisfaction of Council.

 

f)          A sign, minimum size 600mm x 600mm, directing residents not to place recyclables in garbage carts and encouraging residents to recycle.  Details of an acceptable wording for the sign are available from Council.

 

(40)     Hours of Construction

 

Construction may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction is to be carried out at any time on a Sunday or a public holiday.

 

(41)     Restriction on Hours of Excavation (other than single residential dwelling)

 

Despite the general hours of construction above,

 

a)         The hours where rock breaking, cutting, hammering and drilling occur shall be limited to 9:00am – 4:00pm on weekdays only.

 

b)         A noise management plan for the above works, prepared by a suitably qualified acoustical practitioner in accordance with the Interim Noise Construction Guidelines prepared by the Department of Environment & Climate Change NSW, must be submitted to Council prior to commencement of any excavation works.

 

(42)     Provision of Amenities

 

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site or as specified by Workcover requirements .

 

·    each toilet provided must be a standard flushing toilet and must be connected:

·    to a public sewer; or

·    if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council; or

·    if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

 

The provision of toilet facilities must be completed before any other work is commenced.

 

(43)     Letter Boxes

 

Suitable letter box facilities (including Owner's Corporation in the case of strata units) shall be provided in accordance with Australia Post specifications.

 

(44)     Car Wash

 

To ensure that waste water is treated in an acceptable manner the car wash bay shall be designed and constructed to ensure that waste water is discharged to the sewer in accordance with the requirements of Sydney Water. Evidence of a permit issued by Sydney Water shall be submitted.

 

(45)     Basix Certificate Details – DA Only

 

Construction of building works given Development Consent must be carried out in accordance with a valid and current BASIX certificate and all required commitments must be satisfied.

 

(46)     Air Conditioning / Offensive Noise

 

Air conditioning plant and equipment shall be installed and operated so as to not create an offensive noise as defined under the Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Noise Control) Regulation 2008.

 

(47)     Building Finishes

 

The building finishes are to be constructed in accordance with the colour board and perspective prepared by Urban Link, Project No. 160144, Drawing No. DA14, rev B dated 13/04/2017.

 

(48)     Allocation of Car Parking Spaces

 

A minimum of twenty one (21) off street car parking spaces shall be constructed, drained, marked and maintained at all times in accordance with the approved plans.  These spaces shall be allocated as follows:

 

a)         Eighteen (18) spaces are to be allocated to the residential units.

b)         Three (3) spaces are to be allocated as visitor parking spaces.

 

(50)     Residential Car Parking Spaces

 

A minimum of one (1) unrestricted car parking space shall be allocated to each residential unit. Where a three (3) or more bedroom residential unit is provided within the development it is to be allocated two parking spaces in the first instance.

 

(52)     Visitor Parking

 

A directional sign shall be provided at the front of the site indicating the availability of visitor and/or customer parking on site.  Those visitor and/or customer spaces shall be marked or signposted.

 

(54)     Tree Removal

 

The trees identified in the table below may be removed:

 

Tree Species 

Location on Site/Tree No

Work Required

Syragrus romanzoffianum

849 King Georges Road/ Tree 2