AGENDA - LPP

Meeting:

Georges River Local Planning Panel (LPP)

Date:

Thursday, 19 April 2018

Time:

4.00pm

Venue:

Dragon Room, Georges River Civic Centre, corner MacMahon and Dora Streets

Participants:

Sue Francis (Chairperson)

Juliet Grant (Expert Panel Member)

John Brockhoff (Expert Panel Member)

Annette Ruhotas (Community Representative)

Additional Invitees:

Meryl Bishop (Director Environment and Planning)

Tony Ristevski (Team Leader Development Assessment)

Cathy Mercer (Team Leader DA Administration)

Monica Wernej (DA Admin Assistant)

 

  

1. On Site Inspections - 1.00pm –  3.30pm

a)    27-33 Nielsen Avenue Carlton

b)    69 Gray Street Kogarah

c)    25-27 Heath Road Blakehurst

d)    23 Bay Road Oatley

 

 

 

 

Break - 3.30pm

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

Public Meeting Session Closed - 6.00pm

(Break – Light Supper served to Panel Members)


Georges River Council – Local Planning Panel   Thursday, 19 April 2018

Page 2

 

 

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

 

LPP005-18        25-27 Heath Road Blakehurst

(Report by Senior Development Assessment Planner)

LPP006-18        69 Gray Street Kogarah

(Report by Senior Development Assessment Planner)

LPP007-18        Lot 22, 23 Bay Road Oatley

(Report by Senior Development Assessment Planner)

LPP008-18        Lot 23, 23 Bay Road Oatley

(Report by Senior Development Assessment Planner)

LPP009-18        27-33 Nielson Avenue Carlton

(Report by Coordinator Development Assessment)

 

 

 

 

4. Confirmation of Minutes by Chair

 


 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 19 April 2018

 

LPP Report No

LPP005-18

Development Application No

DA2017/0290

Site Address & Ward Locality

25-27 Heath Road Blakehurst

Blakehurst Ward

Proposed Development

Construction of 2-3 storey child care centre for 145 children

Owners

Lyceum Pty Ltd

Applicant

FLDC Architects - Ray Raouk

Planner/Architect

Planner - Planning Ingenuity, Architect - FLDC Architects

Date Of Lodgement

28/07/2017

Submissions

Ten (10) submissions plus a petition containing 42 signatures

Cost of Works

 $5,314,650.00, $4,381,500.00 - Captial Investment Value (CIV)

Local Planning Panel Criteria

Number of submissions

List of all relevant s.4.15 matters (formerly s79C(1)(a))

Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment

State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017

Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013

List all documents submitted with this report for the Panel’s consideration

 Architectural plans

Traffic report

 

 

Report prepared by

Senior Development Assessment Planner

 

 

Recommendation

THAT the application be refused in accordance with the reasons stated in the report.

 

Summary of matters for consideration under Section 4.15

Have all recommendations in relation to relevant s4.15 matters been summarised in the Executive Summary of the assessment report?

 

Yes 

Legislative clauses requiring consent authority satisfaction

Have relevant clauses in all applicable environmental planning instruments where the consent authority must be satisfied about a particular matter been listed, and relevant recommendations summarised, in the Executive Summary of the assessment report?

 

Yes

Clause 4.6 Exceptions to development standards

If a written request for a contravention to a development standard (clause 4.6 of the LEP) has been received, has it been attached to the assessment report?

 

Not Applicable

Special Infrastructure Contributions

Does the DA require Special Infrastructure Contributions conditions (under s7.24)?

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

Not Applicable

 

Site Plan

 

EXECUTIVE SUMMARY

1.         The proposed development seeks to demolish the existing structures, consolidate the two (2) existing lots into a single lot and construct a two (2) storey child care centre with basement car parking. The centre is proposed to accommodate 145 children aged 0 to 6 years of age.

 

The site is located within a street that contains varying land uses; however the predominant use is residential which is reflective of the R2 – Low Density Residential zone that accounts for the majority of the allotments within Heath Road and nearby Lance Avenue. The capacity of the child care centre (145 places) would generate unreasonable, additional traffic impacts upon Heath Road, noting that the site adjoins Mater Dai Primary School and Heath Road itself has a narrow carriageway.

 

In view of the above, the site is not considered to be suitable for the development and as such, the application is recommended for refusal.

 

DESCRIPTION OF THE PROPOSAL

2.         The proposed development seeks to demolish the existing structures, consolidate the two (2) existing lots into a single lot and construct a two (2) storey child care centre with basement car parking. The centre is proposed to accommodate 145 children aged 0 to 6 years of age. The centre is proposed to operate between the hours of 7am and 6pm Monday to Friday. Based on the submitted Plan of Management, the centre will cater for the following numbers of children per age group:

 

·    0-1 years: 20 children

·    1-2 years: 20 children

·    2-3 years: 45 children

·    3-4 years: 30 children

·    4-6 years: 30 children

 

The total number of staff proposed is twenty one (21) plus one (1) full time Director and part time cooking and administration staff. 

 

The basement car parking area accommodates a total of 38 car parking spaces. Entry to the basement is via a driveway at the south eastern corner of the site. Vehicles are proposed to travel in one direction within the basement and exit onto Heath Road at the north eastern corner of the site.

 

HISTORY

3.

28 Jul 17             The subject development application was submitted to Council.

30 Aug-13 Sep 17      The application was placed on neighbour notification. A total of ten (10) submissions and petition containing forty two (42) signatures were received. 

9 Nov 17             Council sent a letter to the applicant outlining various concerns with the development which are summarised as follows:

 

·    The traffic counts in the submitted Traffic and Parking Impact Assessment are from Thursday 19 March 2015 and are therefore outdated. Council requests that new traffic counts are undertaken to get a better gauge of the current traffic and parking conditions;

·    Diagrams demonstrating the how the FSR has been calculated;

·    Additional information regarding stormwater; and

·    Confirmation of the proposed staff numbers.

 

5 Dec 17             The applicant submitted the additional information requested by Council on 9 November 2017.

12 Dec 17          The applicant was advised of concerns raised by Council’s Traffic Engineer who stated the following:

 

·    The revised Traffic Impact Assessment, dated December 2017, does not indicate the Heath Road performance standards as per the RMS “Guide to Traffic Generating Developments, Section 4.3.5” document.  The report should include the existing maximum peak hour volume and the impact that the proposed development will have on the environmental capacity of the street to ensure that capacity has not been reached. This data needs to be included in order for a proper assessment to be made.

 

14 Dec 17          The information requested by Council on 12 December 2017 was submitted by the applicant. This information was subsequently re-referred to Council’s Traffic Engineer. 

21 Feb 18           Council’s Traffic Engineer raised concerns the traffic impacts of the development. This response was provided to the applicant.

23 Feb 18           The applicant’s Traffic Engineer provided a further response.

 

DESCRIPTION OF THE SITE AND LOCALITY

4.         The subject site is comprised of two allotments: Lot C in DP 345553 and Lot 47 in DP 6905 and is commonly known at 25-27 Heath Road, Blakehurst. The site has a frontage to Heath Road of 34.16m and a total site area of 2034.6sqm. The site has a minor cross fall from the front boundary towards the rear boundary. There are three (3) trees growing at the front of the site. The allotment at 25 Heath Road currently accommodates an existing single storey fibro dwelling whilst the allotment at 27 Heath Road contains a vacant single storey industrial building.

 

Adjoining the site to the south is Mater Dei Primary School and Church. Adjoining the site to the north at 23 Heath Road is a single storey building used for light industrial purposes. There are some other light industrial uses on sites further along to the north. The remainder of the street is predominately low density dwellings in the R2 – Low Density Residential zone.

 

ZONING

5.         The subject site is zoned IN2 – Light Industrial in accordance with Kogarah Local Environmental Plan 2012. Refer to zoning map extract below.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Excerpt from Zoning Map

 

APPLICABLE PLANNING CONTROLS

6.

·    Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

·    State Environmental Planning Policy No 55 - Remediation of Land

·    State Environmental Planning Policy (Educational Establishments and Child Care  Facilities) 2017

·    Kogarah Local Environmental Plan 2012

·    Kogarah Development Control Plan 2013

 

PLANNING ASSESSMENT

7.         The site has been inspected and the proposed development has been assessed under the relevant Section 4.15(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979. 

 

Environmental Planning Instruments

 

Kogarah Local Environmental Plan

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

 

Clause

Standard

Proposed

Complies

Part 2 – Permitted or Prohibited Development

IN2 - Light Industrial

Child Care Centre

The proposed use is permissible in the zone and is acceptable in respect of the relevant zone objectives.

4.3 – Height of Buildings

10m as identified on Height of Buildings Map

10m

Complies

4.4 – Floor Space Ratio

1:1 as identified on Floor Space Ratio Map

0.63:1

Complies

6.1 – Acid sulfate soils

Works within 100 metres of adjacent Class 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 2, 3 or 4 land.

The subject site is identified as being within Class 5 acid sulfate soils and is within 100m of adjacent Class 3 land. The basement level is proposed to be excavated to RL10.9 which is higher than 5m AHD. As such, no further investigation is required.

Complies

6.2 - Earthworks

Development consent is required for earthworks unless:

(a) the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or

(b) the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.

The proposed development involves excavation works for the basement level. This is capable of being addressed via conditions of consent, however the application is not supported for other reasons.

Complies

 

State Environmental Planning Policies

 

State Environmental Planning Policy No 55 - Remediation of Land

9.         A Preliminary Site Investigation (PSI) was submitted with the application. It is noted that this PSI included an intrusive investigation as soils were sampled from 10 locations across the site. The results of the soil sampling program show that the concentrations of chemical contaminants measured in the soils on the site are generally low and at levels that would not present an unacceptable risk to human-health or the environment for the existing commercial/industrial use of the land or for the proposed child care redevelopment.

 

However, asbestos fibres were detected in the near surface soils at a number of locations around the existing buildings, and these impacts are expected to be the result of the breakdown of bonded asbestos materials which are present in the fabric of the buildings. Therefore, remedial works are required to address the potential human health risks posed by the asbestos impacted soil.

 

Based on the results of the PSI, the site is considered to be suitable for the development.

 

State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017

10.       DA’s lodged but not determined prior to the activation of SEPP – Educational Establishments and Child Care Facilities 2017 (23 September 2017), are only subject to Part 4 – Education and Care Services National Regulations of the Child Care Centre Guideline which must be taken into consideration in the assessment of the DA

 

In accordance with the findings in ArtMade Architectural Pty Ltd v Willoughby City Council [2018] NSWLEC 1022” dated 23 January 2018 where the Commissioner noted “Part 4 of the Guideline is the only part of the Child Care SEPP or Guideline to apply to this application as a consequence of the savings and transitional provisions found in Schedule 5 of the SEPP.” The development is generally considered to be acceptable in this respect.

 

Draft Environmental Planning Instruments

11.       There are no relevant Draft Environmental Planning instruments which affect the proposed development.

 

Development Control Plans

 

Kogarah Development Control Plan 2013 - Part D4 – Child Care Centres

 

5.1 – Siting Layout & Design

12.       The proposed development is generally satisfactory in respect of these controls. It is noted that control (2) states that areas within the building used by children must be situated at ground level. The design of the proposed development includes areas to be used by children on both the ground floor and level one. However, the site is located within an industrial zone and this control is considered to be more applicable to child care centres within residential zones. Both levels proposed are accessible via a lift and the indoor/outdoor areas on level one are proposed to be used for older children in the centre. The two storey form would not lead to any unreasonable impacts upon the safe operation of the centre and/or the streetscape.

 

5.2 – Location

13.       The proposed capacity of the centre (145 children) would generate unreasonable additional traffic impacts upon Heath Road which would detrimentally affect the amenity of nearby dwellings in the R2- Low Density Zone, contrary to objective (2) within Part 5.2 of KDCP 2013. The traffic impacts are discussed in greater detail later in this report.

 

On the basis of the capacity proposed, the location of the centre is not considered to be suitable.

 

5.3 – Size of Centres

14.       The controls in the DCP state that no greater than ninety (90) children should be enrolled for centres located on sites not previously or currently used for residential purposes. The proposed development seeks consent for 145 children and therefore does not comply with this guideline. This is not supported on the basis of the traffic generation caused by the proposed capacity of the centre as discussed below. 

 

5.4 – Off Street Parking and Traffic movements 

15.

Off Street Parking

The proposed capacity of the centre is 145. There must be a minimum ratio of parking spaces to children of 1:4. This includes parking for both staff and parents.  On the basis of 145 children, a total of thirty six (36) car parking spaces are required. The proposed development accommodates thirty eight (38) on-site car parking spaces and is therefore compliant in this respect.

 

Traffic movements

The application was referred to Council’s Traffic Engineer who does not support the proposed development on the basis of the likely traffic impacts upon Heath Road. The assessment made by Council’s Traffic Engineer is re-produced below.

 

“A statement from the RMS “Guide to Traffic Generating Developments” Document in relation to Performance Standards on the traffic volumes states the following:

 

“The environmental expectations of residents often varies significantly, even within the same district. It is accepted that the performance standard usually occurs at the top end of a range. While it can be argued that there is no particular threshold beyond which problems may emerge, this standard is subject to the same constraints as all other standards.

 

Engineering standards are often based on concepts of good practice, with a concerted focus on safety factors. While it is generally accepted that a departure from this standard may be accommodated to a degree, developers must justify plans where designs significantly exceed the standard. Table 4.6 sets out the recommended Environmental Capacity performance standards. This table relates to streets with direct access to residential properties. Trunk collector and spine roads with no direct property access can carry higher traffic flows.  Note: Maximum speed relates to the appropriate design maximum speeds in new residential developments. In existing areas maximum speed relates to 85th percentile speed. In the performance standards set out in Table 4.6, two levels are given - one for the desirable maximum (the environmental goal), and one for the absolute maximum.

 

There may be situations where alterations to these levels might be appropriate, however it is up to the developer to justify a departure from the standards. For example, a road with a wide central-median, and with separate carriageways of approximately 5 metres width would have less impact on pedestrian safety than an undivided road of width 7 metres, and hence could accommodate a higher traffic flow for the same degree of safety. Table 4.6 indicates that the functional classification of the street is important. While two streets may be similar, if one street functions as a collector street, then local access, safety and amenity are not the only issues to be considered. The movement of traffic along the street from adjoining areas also becomes a planning issue. Since it is still a residential area both traffic movement and planning issues need to be accommodated.”

 

“Table 4.6 takes into account both amenity and safety considerations. The maximum speeds given are design speeds for new residential areas. They might not be achieved in existing areas without the assistance of traffic calming methods. In assessing a proposed development, the existing average speed (even if over the desirable limit), is the starting point in determining the existing level of hazard.

 

The Environmental Capacity of a street can be increased through a reduction in speed. For example, on an existing residential street where traffic volumes reach the Environmental Capacity maximum (and a proposed development could cope with the volume over the standard), traffic speed may be reduced by the introduction of traffic calming methods. In general, the distance required by a vehicle to stop when unexpectedly confronting a pedestrian on the road is proportional to the speed of the vehicle squared. Thus a reduction in speed can cause a disproportionate improvement in pedestrian safety.

 

In situations where Environmental Capacity standards are already exceeded, rather than allowing the situation to be made slightly worse with additional traffic, speed reduction measures can be introduced. These may have a positive effect on traffic noise, and ensure that the existing level of pedestrian safety remains the same, or is reduced.”

 

·    In summary, the proposed development will increase the peak hour volume to 342 vehicles per hour during the morning peak which is well above the 300 vehicle per hour RMS recommended maximum. The only statement in the RMS Guide relating to new residential estates relates to maximum speeds and not volume. It also states that the volumes relates to streets with direct access to residential properties which is the case with Heath Road.  Collector and spine roads with no direct property access can carry higher traffic flows. 

 

·    Heath Road is classified as a local road, not a collector road and therefore should have an allowable maximum peak hour flow of 300 vehicles per hour in accordance with the RMS requirements. Terry Street to the north would be classified as a collector road (linking two state roads) as it carries 700 vehicles per hour (based on recent traffic counts by Council).  The width of Heath Road between kerbs is measured at 9.6m.  This width does not provide the required 3m travel lanes in both directions (as per the RMS Road Design Guide) when cars are parked on either side of the road.  Due to the industrial premises in the street and trucks required to access Heath Road, allowing the traffic volume to exceed the 300 vehicles per hour maximum as a result of the development is not acceptable in the narrow street.

 

·    A footpath exists on only one side of the entire Heath Road requiring people parking on the eastern side of Heath Road (north of Lance Avenue) to cross mid-block (where no crossing exists) to access the footpath on the western side of the street.

 

·    The RMS Guide to Traffic Generating Developments states that the table relating to the Environmental Capacity Performance Standards on residential streets “relates to streets with direct access to residential properties.  Truck collector and spine roads with no direct property access can carry higher traffic flows””.  As Heath Road has direct access to residential properties, the table stating that the 300 vph maximum for a local road is eligible and shall apply. 

 

·    By approving the development in its current state, it would prohibit the approval of other developments in the street that would also contribute to the peak hour volume.

 

For reference, the extent of the R2 – Low Density Residential zone in the vicinity of the development is demonstrated below in the land zoning map extract below.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In view of the above assessment from Council’s Traffic Engineer, it is concluded that the proposed development would cause unacceptable traffic impacts upon Heath Road and is therefore not supported on that basis.

 

5.5 – Outdoor Play Areas

16.       The design of the outdoor play areas are generally acceptable noting the following:

 

·    Outdoor play areas will have direct solar access from the north west and indoor playrooms will have large windows oriented to the north west with ground floor windows shaded by the indoor-outdoor transition space. The extent of access to natural light and ventilation is acceptable;

·    Outdoor play areas are separated from the main entry and the basement parking area; and

·    The site does not adjoin any residential properties.

 

5.6 – Facilities to be provided

17.       The centre has been designed to appropriately service the needs of children, staff and parents.

 

5.7 – Landscaping

18.       The proposed development incorporates approximately 20% of the site as soft landscaping which does not comply with the minimum 40% requirement outlined within KDCP 2013. Nevertheless, the extent of landscaping provided is acceptable within the industrial zone in which the site is located, given the context and relationship to adjoining development(s). Soft landscaping is incorporated within the front setback area as well as on the edges of the driveway entry/exit to soften the appearance of the development as viewed from the streetscape.

 

5.8 – Noise

19.       An acoustic assessment report was submitted with the application which has found that the proposed child care centre is capable of complying with the requirements of all relevant acoustic guidelines and regulations subject to various requirements. 

 

5.9 – Health and Safety

20.       The design and layout of the building appears to be capable of achieving the health and safety requirements listed in Part 5.9(1) of KDCP 2013.

 

5.10 – Hours of Operation

21.       The hours of operation are proposed to be 7am to 6pm Monday to Friday which comply with the DCP guidelines. No further concerns are raised in this regard.

 

5.11 – Signage

22.       The application does not seek development consent for any signage. 

 

Kogarah Development Control Plan 2013 Part D3 – Industrial Development

23.       The subject site is located within the IN2 – Light Industrial zone and the above DCP is therefore applicable. The following assessment is made in respect of these controls, where not already addressed under the previous Part D4 – Child Care Centre assessment:

 

Section 4 – Setbacks

24.       The building setbacks proposed are acceptable and would achieve the stated objectives within this part of KDCP 2013. The following comments are noted:

 

·    The front building setbacks along this part of Heath Road are varied and as such there is not predominant alignment providing a continuous streetscape. The front setback proposed enable sufficient opportunities for soft landscaping, access, parking and manoeuvring of vehicles in accordance with the objectives of the control;

·    The design of the development does not integrate any landscaping within the rear setback area; however this is characteristic of the pattern of development in the immediate area, noting that surrounding sites are zoned IN2 – Light Industrial or SP2 – Educational Establishment;

·    The side setback provided to the north western side boundary enables soft landscaping opportunities; and

·    The building is setback 1.26m (ground floor) and 1.4m (first floor) from the south eastern side boundary which is acceptable in the context.

 

Section 5 – Building form

25.       The form, scale and general design of the building satisfies the controls within Section 5 of this part of KDCP 2013, noting that the development complies with the building height and floor space ratio development standards within KLEP 2012.

 

Section 6 – Design and Appearance of Development

26.       The design of the building has a contemporary appearance. The front façade presentation is well modulated and the building incorporates a varied range of external finishes which include timber battens, composite aluminium panels, stone cladding, aluminium windows, louvres and glass balustrades. No further concerns are raised in this regard.

 

IMPACTS

 

Natural Environment

27.       The proposed development would not lead to any unreasonable impacts upon the natural environment.

 

Built Environment

28.       The scale of the proposed child care centre, seeking to accommodate 145 children plus associated staff, would cause unreasonable traffic impacts upon the functioning of Heath Road as previously discussed within this report.

 

Social Impact

29.       The proposed development would be unlikely to cause any adverse social impacts.

 

Economic Impact

30.       The proposed development would be unlikely to cause any adverse economic impacts.

 

Suitability of the Site

31.       The proposal is not considered to be suitable for the site as evidenced through the anticipated traffic impacts caused as a result of the development.

 

SUBMISSIONS AND THE PUBLIC INTEREST

32.       Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. A total of ten (10) submissions plus a petition containing forty two (42) signatures were received. The following concerns were raised which have been discussed in the main body of the report:

 

·    The proposal will cause unacceptable traffic and on-street parking impacts;

·    The traffic flows in the street are already at capacity;

·    The scale and capacity of the child care centre is excessive and does not complement the streetscape;

·    Unreasonable hours of operation and associated noise impacts;

·    Pedestrian safety;

·    Insufficient car parking is proposed;

·    Insufficient staff car parking is proposed;

·    The assumptions made in the Traffic Report are incorrect and the residential amenity criteria should apply to the development; and

·    Inadequate acoustic report – noise measurements should be taken at the front of the site.

 

The following additional concerns were raised and are addressed as follows.

 

* Child care centres are not allowed in the industrial zone.

 

Comment: The proposed development is a permissible land use in accordance with Kogarah Local Environmental Plan 2012.

 

* Proposed trees are not large enough to provide a softening of the built form. 

 

Comment: Plant species selection could be addressed via conditions of consent. However, the application is not supported for other reasons.

 

* The traffic counts relied upon are out of date and cannot be accurately relied upon.  

 

Comment: The traffic counts in the initial Traffic and Parking Impact Assessment were from Thursday 19 March 2015. During the assessment of the application, Council requested new counts to get a more accurate gauge of the current traffic and parking conditions. This was undertaken by the applicant and an amended report was submitted which is relied upon for assessment in this report.  

 

REFERRALS

 

Council Referrals

 

Traffic Engineer

33.       The application was referred to Council’s Traffic Engineer who does not support the proposed development for reasons identified within this report.

 

Environmental Health Officer 

34.       No concerns were raised subject to the imposition of conditions.

 

Stormwater Engineer

35.       Council’s Stormwater Engineer has raised concerns with the stormwater plan submitted with the application. In particular, the location and invert level of Council’s stormwater pipe at the proposed connection point will need to be accurately surveyed to show that the invert of the site’s drainage connection will be made at or above the top third of the Council pipe. This matter could be addressed through a condition of consent, however the application is not supported for other reasons.

 

External Referrals

 

Roads and Maritime Services (RMS)

36.       The application was referred to RMS for comments. RMS reviewed the application and raised no objection to the impact of the development upon the adjacent classified road (Princes Highway).

 

CONCLUSION

37.       The proposed development seeks to demolish the existing structures, consolidate the two (2) existing lots into a single lot and construct a two (2) storey child care centre with basement car parking. The centre is proposed to accommodate 145 children aged 0 to 6 years of age.

 

The site is located within a street that contains varying land uses; however the predominant use is residential which is reflective of the R2 – Low Density Residential zone that accounts for the majority of the allotments within Heath Road and nearby Lance Avenue The capacity of the child care centre (145 places) would generate unreasonable, additional traffic impacts upon Heath Road.

 

In view of the above, the site is not considered to be suitable for the development and as such, the application is recommended for refusal.

 

DETERMINATION AND STATEMENT OF REASONS

THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979, as amended, the Council refuses development consent to Development Application DA2017/0290 for the a new 2-3 storey child care centre for 145 children on land on Lot C in DP 345553 and Lot 47 in DP 6905 known as 25-27 Heath Road, Blakehurst, for the following reasons:

 

1.         The capacity of the proposed child care centre and the subsequent additional traffic generation would have an adverse impact upon Heath Road which is classified as a local road. The proposed development will increase the peak hour volume during the morning peak above the 300 vehicle per hour which is above the Roads and Maritime Services (RMS) recommended maximum.

 

2.         The width of Heath Road between kerbs is measured at 9.6m. This width does not provide the required 3m travel lanes in both directions (as per the RMS Road Design Guide) when cars are parked on either side of the road. Due to the industrial premises in the street and trucks requiring access to Heath Road, allowing the traffic volume to exceed the 300 vehicles per hour maximum as a result of the development is not acceptable in the narrow street.

 

3.         The proposed development is unsatisfactory having regard to Part 4.15(c) of the Environmental Planning and Assessment Act 1979 in that the site is not suitable for the development.

 

4.         Approval of the development would not be in the public interest and contrary to Part 4.15(e) of the Environmental Planning and Assessment Act 1979.

 

 

 

ATTACHMENTS

Attachment 1

Site Plan - 25-27 Heath Road, BLAKEHURST

Attachment 2

Elevations - 25-27 Heath Road, BLAKEHURST

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 19 April 2018

LPP005-18              25-27 Heath Road Blakehurst

[Appendix 2]           Elevations - 25-27 Heath Road, BLAKEHURST

 

 

Page 16

 


 


Georges River Council – Local Planning Panel   Thursday, 19 April 2018

Page 18

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 19 April 2018

 

LPP Report No

LPP006-18

Development Application No

DA2017/0276

Site Address & Ward Locality

69 Gray Street Kogarah

Kogarah Bay Ward

Proposed Development

Demolition of existing structures and construction of a five storey boarding house containing 43 rooms and basement parking

Owners

Bondi 198 Pty Ltd

Applicant

Ziad Chinine - DCA

Planner/Architect

 Architect - CDA Architects, Planner - GAT and Associates

Date Of Lodgement

27/07/2017

Submissions

Twenty one (21)

Cost of Works

$4,342,299.00

Local Planning Panel Criteria

Number of submissions

List of all relevant s.4.15 matters (formerly s79C(1)(a))

Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment

State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017

Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013

List all documents submitted with this report for the Panel’s consideration

 Architectural plans

 

 

 

Report prepared by

Senior Development Assessment Planner

 

 

Recommendation

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

 

Summary of matters for consideration under Section 4.15

Have all recommendations in relation to relevant s4.15 matters been summarised in the Executive Summary of the assessment report?

 

Yes 

Legislative clauses requiring consent authority satisfaction

Have relevant clauses in all applicable environmental planning instruments where the consent authority must be satisfied about a particular matter been listed, and relevant recommendations summarised, in the Executive Summary of the assessment report?

 

Yes

Clause 4.6 Exceptions to development standards

If a written request for a contravention to a development standard (clause 4.6 of the LEP) has been received, has it been attached to the assessment report?

 

Not Applicable

Special Infrastructure Contributions

Does the DA require Special Infrastructure Contributions conditions (under s7.24)?

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No, standard conditions have been attached with no design changes

 

Site Plan

 

Executive Summary

 

Proposal

1.         Development consent is sought for demolition of the existing structures and construction of a new five (5) storey boarding house containing forty three (43) boarding rooms and basement parking. The forty three (43) rooms are comprised of one (1) manager’s room, four (4) single lodger rooms and thirty eight (38) double lodger rooms. The total capacity is therefore seventy six (76) lodgers plus one (1) boarding house manager.

 

Site and Locality

2.         The subject site is legally described as Lot A in Deposited Plan 309722 and commonly known as 69 Gray Street, Kogarah. The site is located on western corner of Gray Street and Princes Lane. The site has a primary frontage to Gray Street of 18.29m and a secondary frontage to Princes Lane of 36.57m. The total site area is 668.6sqm. The site currently accommodates an existing single storey dwelling with outbuildings at the rear.

 

The locality surrounding the subject site contains a mixture of single storey dwellings which are yet to be redeveloped as well as multi storey residential flat buildings.

 

Zoning and Compliance with LEP Standards

3.         The site is zoned R3 – Medium Density Residential under Kogarah Local Environmental Plan 2012 and the proposal is a permissible form of development with Council’s consent. The proposed development satisfies all relevant objectives contained within the LEP and is consistent with the requirements of State Environmental Planning Policy (Affordable Rental Housing) 2009. 

 

 Excerpt from Zoning Map

 

Development Control Plan

4.         The proposed development satisfies the objectives of the Kogarah Development Control Plan 2013 and is generally consistent with the desired future character of the area. However, the proposal does not comply with Councils controls for:

 

·    Number of storeys;

·    Side setbacks; and

·    Site amalgamation.  

 

Submissions

5.         Twenty one (21) submissions were received raising the following concerns:

 

·    Traffic impacts;

·    Enforcing the maximum allowable number of lodgers and restrictions on the use of the communal open spaces;

·    Failure to comply with site amalgamation requirements;

·    Noise impacts;

·    Genuine attempts were not made to acquire surrounding properties;

·    Insufficient details in relation to the acoustic screening required;

·    Overshadowing;

·    Building height non-compliance;

·    Non-compliance with DCP massing and setback requirements;

·    Rear two storeys facing Ocean Street are not restricted to non-active rooms;

·    Levels of the ground floor units are not sufficiently elevated;

·    Required landscaping in the rear 6m is not provided;

·    Presence of asbestos;

·    Non-conformity to BASIX;

·    Security and safety;

·    Privacy; and

·    Insufficient information regarding the owner’s and their ability to operate a boarding house development.

 

Level of Determination

6.         The application is referred to the Local Planning Panel for determination in view of the number of submissions received.

 

Conclusion

7.         Having regard to the Heads of Consideration under Part 4.15 of the Environmental Planning and Assessment Act 1979 and following a detailed assessment of the proposal Development Application No.2017/0276 is recommended for approval subject to suitable conditions.

 

Report in Full

 

DESCRIPTION OF PROPOSAL

8.         Development consent is sought for demolition of the existing structures and construction of a new five (5) storey boarding house containing forty three (43) boarding rooms and basement parking. The forty three (43) rooms are comprised of one (1) manager’s room, four (4) single lodger rooms and thirty eight (38) double lodger rooms. The total capacity is therefore seventy six (76) lodgers plus one (1) boarding house manager.

 

A further description of the proposed development is provided as follows:

 

Basement Plan

·    10 car parking spaces;

·    Waste room;

·    9 motorcycle spaces;

·    Bicycle parking; and

·    Plant room/pump room/lift.

 

Ground Floor Plan

·    2 x single lodger rooms;

·    9 x double lodger room; and

·    New landscaping around the permitter of the site.

 

Level 1 Floor Plan

·    12 x double lodger rooms.

 

Level 2 Floor Plan

·    8 x double lodger rooms;

·    Indoor common room; and

·    Outdoor communal terrace.

 

Level 3 Floor Plan

·    1 x single lodger rooms; and

·    7 x double lodger rooms.

 

Level 4 Floor Plan

·    1 x single lodger rooms;

·    2 x double lodger rooms;

·    Site Manager room;

·    Indoor common room; and

·    Outdoor communal terrace.

 

HISTORY

9.        

27 Jul 17        The subject development application was submitted to Council.

 

28 Aug-11 Sep 17      The application was notified and advertised in accordance with the DCP. Twenty one (21) submissions were received.

 

3 Nov 17         A request for additional information/plan amendment was sent to the applicant. Issues raised related to site amalgamation, insufficient communal facilities, design of the fifth storey, balcony projection into the setback areas, suitability and extent of rear terraces/balconies facing properties at the rear of the site, room orientation and solar access, overshadowing impacts, ground floor levels, landscaping, room configuration and design of the basement car parking level.

 

1 Dec 17        Amended plans were submitted. Various changes were made which included: Deletion of two (2) boarding rooms, changes to the landscaping and fencing treatment around the ground floor perimeter of the site, reconfiguration of the floor plate so as to maximise the number of rooms facing east, additional indoor and outdoor communal facilities and increased building setbacks for the fifth storey. In addition to the design changes made, further information relating to site amalgamation (valuation reports and details of offers made to purchase nearby properties) as well as additional overshadowing analysis was submitted.

 

21 Feb 18      Council met with the applicant to discuss further design changes to improve the quality of the development and minimise impacts to surrounding properties. Subsequent amended plans were submitted which made the following design changes: Deletion of a boarding room to create a larger common room on Level 2, removal of Level 3 rear terraces, 1800mm screen around the common open space area at the rear of Level 2, improved quality of external finishes (substituting translucent glass balustrades to clear glass) and addition of skylights for rooms 402, 403 and 404 on the Level 4 plan to improve the internal amenity.

 

19 Mar 18      Further amended architectural plans were submitted to Council to clarify the height of the proposed lift overrun.

 

DESCRIPTION OF THE SITE AND LOCALITY

10.       The subject site is legally described as Lot A in Deposited Plan 309722 and commonly known as 69 Gray Street, Kogarah. The site is located on western corner of Gray Street and Princes Lane. The site has a primary frontage to Gray Street of 18.29m and a secondary frontage to Princes Lane of 36.57m. The total site area is 668.6sqm. The site currently accommodates an existing single storey dwelling with outbuildings at the rear. The site is relatively flat. Existing vehicular access is attained off Gray Street.

 

Immediately adjoining the subject site to the north is a detached single dwelling. To the south of the site, on the opposite side of Princes Lane is a relatively new multi-level residential flat building. To the west of the site, at the rear, are single storey residential dwelling which address Ocean Street. Further east of the site, on the opposite side of Gray Street and multi-level residential flat buildings.

 

The subject site as viewed from Gray Street

 

ZONING   

11.       The site is zoned R3 – Medium Density Residential under Kogarah Local Environmental Plan 2012 and the proposal is a permissible form of development with Council’s consent.

 

 

APPLICABLE PLANNING CONTROLS

12.

·   Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

·   State Environmental Planning Policy No 55 - Remediation of Land

·   State Environmental Planning Policy (Affordable Rental Housing) 2009 

·   Kogarah Local Environmental Plan 2012

·   Kogarah Development Control Plan 2013

 

PLANNING ASSESSMENT

13.       The site has been inspected and the proposed development has been assessed under the relevant Section 4.15(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979. 

 

Environmental Planning Instruments

 

Local Environmental Plan

14.       The extent to which the proposed development complies with the Kogarah Local Environmental Plan 2012 (KLEP 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 is consistent with the definition of boarding house.

Yes

2.3 – Zone objectives and Land Use Table

Meets objectives of R3 – Medium Density Residential zone

 

Development must be permissible with consent

Development meets objectives.

 

 

 

Is a permissible form of development with consent.

Yes

4.3 – Height of Buildings

15m as identified on Height of Buildings Map

15m

Yes

4.4 – Floor Space Ratio

1:5 as identified on Floor Space Ratio map

Additional 0.5:1 applies under SEPP (Affordable Rental Housing) 2009

1.93:1

Yes

Clause 6.2 – Earthworks

To ensure that earthworks do not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

The application includes excavation works for the basement car parking level. Suitable conditions of consent have been included in this regard.

Yes

 

State Environmental Planning Policy (Affordable Rental Housing) 2009

15.

Division 3 Boarding Houses

 

Clauses 25-28 Development to which this Division applies

 

Clause

Standards

Proposal

Complies

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 R3 Medium Density Residential

Yes

 

Clause 27 Development to which Division applies

Not applicable

 

Clause 29 – Standards that cannot be used to refuse consent

Council cannot refuse a development application for a boarding house under the SEPP (ARH) 2009 on any of the following grounds.

 

Clause 29

Standards

Proposal

Complies

Floor Space Ratio

If the density and scale of the buildings as a FSR is not more than the existing maximum FSR for any form of residential accommodation permitted (2:1 inclusive of additional permitted 0.5:1)

1.93:1

Yes

Height

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

Max 15m KLEP 2012

15m

Yes

Landscaped Area

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

Landscaped front setback area is consistent with the character of the streetscape and new higher density development that has been constructed on nearby sites.

Yes

Solar Access

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

3 hours of direct sunlight is achieved for the common room proposed on the Level 4 floor plan. 

Yes

Private Open Space

If at least the following private open space areas are provided (other than the front setback area):

 

(i)  one area of at least 20sqm with a minimum dimension of 3m 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 8sqm with a minimum dimension of 2.5m is provided adjacent to that accommodation.

 

 

 

 

 

Complies

 

 

 

Complies

 

 

 

 

 

Yes

 

 

 

Yes

 

Accommodation size

0.2 parking spaces provided for each boarding room

 

Not more than 1 parking space is provided for each person employed in connection with the development and who is resident on site

9 spaces provided

 

 

1 space provided

Yes

 

 

Yes

 

Clause 30 – Standards for Boarding Houses

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.

Two communal living rooms are provided, one on the level 2 plan and one on the level 4 plan. The total area equates to approximately 79sqm

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 25sqm

Complies

Yes

Maximum occupancy

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

Complies – condition imposed

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.

Boarding house manager provided

Yes

Bicycle and motor cycle spaces

(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.

9 motorcycle spaces and 9 bicycle storage spaces provided

Yes

 

Clause 30A – Character of the local area

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. Compatibility is widely accepted to mean “capable of existing together in harmony” (Project Venture Developments v Pittwater Council [2005] NSWLEC 1029).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 and Redevelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC 1029).

 

In Redevelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC 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 Gray Street between Princes Highway and Queens Avenue to the north. 

 

Throughout Gray Street there are a mixture of single storey dwellings and multi-level residential flat buildings. Images of the relatively recent RFB’s are provided below for reference.

 

58-60 Gray Street, Kogarah

 

183-187 Princes Highway & 71 Gray Street, Kogarah

 

 

52 Gray Street, Kogarah

 

 

The scale of the proposed building is comparable and congruous to the above developments but would appear larger than some of the undeveloped buildings immediately adjacent such as those at 65 and 67 Gray Street and 56 to 60 Gray Street. The character of an area is not only defined by what physically exists in the area, but also what is permitted under the planning controls which apply at the time.

 

It is noted that all of the properties on the western side of Gray Street are within the R3 - Medium Density Residential zone, have 1.5:1 or 2:1 FSR’s and maximum allowable building heights of 15m or 21m. The proposed development has an FSR of 1.93:1 and maximum height of approximately 15m, therefore complying with the development standards. Properties at the rear of the site, which face Ocean Street, are zoned R3 – Medium Density Residential and have a split height limit of 15m for the rear of the allotment and 9 metres at the front of the allotment so as to achieve a transition. The applicable FSR is 1.2:1. The treatment of the building at the rear of the site has been scaled back so it is comprised of two (2) storeys at the rear most plane so it is more reflective of the future anticipated future development on the adjacent site which will be of a lesser intensity. 

 

The applicant has undertaken a character test within the submitted Statement of Environmental Effects. The conclusions drawn in those comments are concurred with.

 

Deemed State Environmental Planning Policy – Georges River Catchment

15.       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. 

 

Draft Environmental Planning Instruments

16.       The Draft amendment to parking provisions for boarding houses: Affordable Rental Housing SEPP is available for the public to comment on until 16 April 2018. This amendment proposes to increase car parking standards for boarding houses to 0.5 spaces per boarding room. This is an increase from 0.2 spaces per boarding room in an accessible area; and 0.4 parking spaces per boarding room otherwise. The proposed development is within an accessible area but would not comply with the 0.5 spaces per boarding room requirement. However, the proposed draft amendments are not imminent or certain.

 

Development Control Plans

17.       The proposal has been assessed under the relevant sections of the Kogarah Development Control Plan 2013 (KDCP 2013) as follows.

 

KOGARAH DEVELOPMENT CONTROL PLAN 2013 - APPENDIX 2 MEDIUM DENSITY HOUSING – SPECIFIC PRECINCTS 

18.       The subject site is located within the Kogarah South Precinct. It is important to note that the controls specifically relate to new residential flat building developments. Although the proposal is for a boarding house development, the same controls have been applied in this instance and are examined below.

 

Site Amalgamation (Part 3.2)

The subject site is identified as being within an amalgamation pattern with 65 and 67 Gray Street and 54-60 Gray Street. Refer to extract from KDCP 2013 below.

 

 

The proposal seeks to develop 69 Gray Street in isolation and therefore does not conform to the amalgamation requirements shown above.

 

During the assessment of the application Council requested the applicant to provide detailed information to demonstrate that the relevant court principles concerning site amalgamation and/or lot isolation have been complied with. Council is satisfied that these requirements have been reasonably met.

 

Details of offers made to 67 and 65 Gray Street and 60, 58, 56 and 54 Ocean Street have been provided. These offers were supported by property valuations and recent sales data. The properties at 56 Ocean Street and 67 Gray Street expressed some preliminary interest in selling. The owner at 67 Gray Street indicated that an offer somewhere in the vicinity of $2,500,000 to $4,000,000 would be considered, however this would exceed reasonable market value. In the absence of the remainder of the lots along Ocean Street being secured by the applicant, there would be no utility in purchasing the property at 56 Ocean Street because it could not be integrated into the development on its own.

 

During the assessment of the application, Council raised some concern as to whether the offers proposed were in fact at market value given that the subject property sold for $2.5 million. Correspondence has been submitted from two (2)valuers who are of the view that the property was purchased above market value (a submitted residential valuation report confirms this) and an incoming lender would not lend the amount that was paid for the property. 

 

Ultimately, the proponent has been unsuccessful in acquiring the surrounding allotments which form the desired amalgamation pattern stated in KDCP 2013. 

 

The applicant has presented indicative concept plans to demonstrate that no sites would be left in isolation with reduced development potential. The proposal would not preclude adjoining allotments from re-developing in accordance with the applicable planning controls. The concept plans are re-produced below for reference. 

 

 

Building heights, form and setbacks (Part 3.3)

The building envelope controls applicable to the site are shown in the extract from the DCP below.

 

 

 

The proposed section is re-produced below.

 

 

The development is compliant with the applicable building envelope controls with the exception of the following.

 

Number of storeys

The development proposes a five (5) storey form which does not comply with the maximum of four (4) storeys identified within the DCP. This is acceptable on the basis that:

 

·    The fifth storey is setback 6.5m from the front boundary, 4m from the southern (Princes Lane) boundary and contains varied materials from the remainder of the building so as to limit its visual intrusiveness and visibility from the public domain;

·    The fifth storey is contained within the 15m building height LEP development standard. Surrounding RFB’s are five (5) to six (6) storeys in scale and the proposal is therefore congruent with that; and

·    The development benefits from gross floor area (GFA) bonuses under SEPP (ARH) 2009. The dispersal of this additional GFA is better sited in a consolidated area as an additional storey as opposed to expanding the footprint of the building on any of the other floors. 

 

Use of rear rooms

Control (4) within Part 3.3 of KDCP states that the rear 2 storey development on Gray Street must be a townhouse form with upper floors restricted to non-active rooms. Whilst the wording of this control does not contemplate the proposed boarding house use, the design of the development has been altered to uphold the integrity of the control which is to preserve residential amenity for the adjacent dwellings which face Ocean Street at the rear. In this regard, acoustical screening has been provided around the rear terrace area of Level 2 and the previously proposed west facing balconies on the upper levels have been removed. Whilst there are a number of window openings proposed along the western elevation, compliant building setbacks from the rear boundary are proposed which ensures that suitable separation is achieved, noting that the Level 2 terrace is approximately 9m from the rear boundary.

 

Side setbacks

The applicable side setback from the southern boundary is calculated on the basis of the formula 3m + ¼ the amount the wall height exceeds 4m. Application of this formula to the proposed development dictates a side setback of up to 5.75m, at the highest point on the external face of the building. The ground floor to Level 3 is proposed to be setback 3m from the southern boundary. Level 4 is setback approximately 4ms. These setbacks do not comply with the KDCP requirements. The building setbacks of the adjacent RFB on the southern side of Princes Lane are variable. The northern part of that building is setback 3.5m from the Lane with the balconies encroaching on this setback, as is the case with the subject development. The relevant approved plan extract demonstrating this is shown below.

 

 

The setbacks proposed would provide a built form that has an acceptable relationship with the adjacent development. Further, the proposal does not cause any adverse amenity impacts by way of overlooking, visual bulk and scale and overshadowing. Nil side setback is proposed to the northern side boundary which is acceptable because it would enable a future development at 67 Gray Street to abut directly into that wall.  Further, the applicant has included some architectural detailing along the wall of the northern elevation.

 

Articulation and external appearance (Part 3.4)

The design of the development presents sufficient visual interest in the streetscape and satisfactory external materials.

 

It is noted that control (3) states that balconies provided to the Gray Street frontage are to be recessed into the building façade and must not project into the front building setback. The applicant was requested to amend the design of the development to remove the proposed balconies that projected into the Gray Street setback area. The development proposes balconies along the southern elevation that project into the 3m setback. However, these balconies are generally small in width, assist with the architectural modulation of the building and do not add additional unreasonable bulk and scale.

 

Visual and acoustic privacy (Part 3.5)

The proposal achieves satisfactory visual and acoustic privacy outcomes. The following comments are noted:

 

·    The ground floor units are not elevated a minimum of 1m and a maximum of 1.5m above the street level, as stated in control (1). A 1.5m high fence with integrated landscaping is proposed around the perimeter of the site. The design achieves a satisfactory outcome in respect of promoting some casual surveillance whilst providing privacy to the ground floor boarding rooms themselves. All of the approved developments in the immediate vicinity have their ground levels, if not at ground level, but below the footpath level;

·    The window openings/terraces at the rear of the building are sufficiently separated from the adjoining properties to the west in Ocean Street;

·    The applicant submitted an acoustic assessment which included unattended noise monitoring at the boundary of the nearest residential receivers. The submitted report demonstrates that the proposal is capable of complying with the relevant noise standards. This assessment also makes various recommendations to reduce the noise impacts of the proposed development. This includes a 1.8m high acoustic screen around the outdoor communal area at the rear. Various conditions of consent have been incorporated into the recommendation to ensure that the recommendation made in the submitted report are adhered to in the carrying out of the development; and

·    The proposal does not provide the 6m rear setback as a heavily landscaped communal open space as stated in control (5). The design of the driveway precludes this outcome. Nevertheless, there is a small deep soil area directly adjacent to the rear boundary which can accommodate some deep soil landscaping.  

 

Parking and access (Part 3.6)

The proposed car parking arrangements are compliant with Part 3.6 of KDCP 2013 in that an underground car park is provided, the area of excavation is generally restricted to the proposed building footprint and the car parking level does not protrude out of ground unnecessarily.

 

Landscaping (Part 3.7)

In accordance with clause 29 of SEPP (ARH) 2009 the application cannot be refused on landscaping grounds if the landscape treatment of the front setback area is compatible with the streetscape in which the building is located. The proposal integrates soft landscaping within the front setback as well as along the Princes Lane frontage which is acceptable.

 

Fencing (Part 3.8)

The development incorporates a 1.5m high fence along the eastern and southern elevations which is considered to be acceptable in the context.

 

KOGARAH DEVELOPMENT CONTROL PLAN 2013: PART B – GENERAL CONTROLS

 

B4 – Parking and Traffic

19.       The development provides a compliant amount of car parking in accordance with the SEPP (ARH) 2009 standards which supersedes the DCP requirements.

 

B5 – Waste Management and Minimisation

20.       A suitably sized waste room is provided on the ground floor plan. No further concerns are raised in this regard.

 

Other Planning comment(s)

21.

Overshadowing

The proposed development would result in additional overshadowing impacts for the adjacent residential flat building on the opposite side of Princes Lane. However, the main internal living areas and private open space areas (balconies) for units in that building would retain a minimum of 2 hours sunlight from 9am onwards on 21 June (per the ADG requirements), with many of these units retaining up to 4-5 hours sunlight.

 

Boarding Room Amenity

It is acknowledged that there is no DCP governing boarding house development. During the assessment of the application, the applicant was requested to amend the design of the development so as to maximise the number of east facing boarding rooms (ie – by orientating four (4) rooms along the front of the site). Further, skylights have been added to rooms 402, 403 and 404 on the Level 4 Plan to maximise amenity, where possible.

 

Lift design

The extent of lift overrun shown on the architectural drawings is shown to be minimal. The applicant has submitted details of the manufacturer’s specifications to demonstrate that this is achievable.

 

Plan of Management

The application was accompanied by a Plan of Management which addresses, but is not necessarily limited to:

 

·    Establishing a monitoring system;

·    House Rules;

·    Rules and Responsibilities of the on-site Manager; and

·    Provisions to address any operational management issues.

 

The submitted Plan of Management is satisfactory and assists to ensure that the premises’ operates in a manner which maintains a high level of amenity for the surrounding properties and the boarding house residents.

 

Energy Efficiency

The applicant submitted a Section J report with the DA.

 

SECTION 94A CONTRIBUTIONS

22.       The proposed development requires the payment of $43,422.99 of Section 94A contributions under the provisions of the Georges River Section 94A Plan based on the determined cost of works of $4,342 299.00.

 

IMPACTS

 

Natural and Built Environment, Social and Economic Impacts

23.       The proposed development is of a scale and character that is in keeping with other recent developments that have been constructed in the locality. Accordingly, the proposal is not considered to have a significant impact on the natural and built environment of the locality. The proposal is unlikely to cause any unreasonable social and/or economic impacts.

 

Suitability of the site

24.       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.

 

SUBMISSIONS AND THE PUBLIC INTEREST 

25.       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 one (21) submissions received raising the following concerns which have been discussed in the main body of the report.

 

·    Failure to comply with site amalgamation requirements;

·    Noise impacts;

·    Genuine attempts were not made to acquire surrounding properties;

·    Overshadowing;

·    Building height non-compliance;

·    Non-compliance with DCP massing and setback requirements;

·    Rear two storeys facing Ocean Street are not restricted to non-active rooms;

·    Levels of the ground floor units are not sufficiently elevated;

·    Required landscaping in the rear 6m is not provided; and

·    Loss of privacy.

 

Outstanding matters raised that have been raised in the submissions, but have not been addressed in the main body of the report are discussed below:

 

* Anti-social behaviour and safety

 

Comment: A Plan of Management which will be imposed as a condition of consent has been submitted with the application which outlines acceptable behaviour for boarders and visitors so as to limit the likelihood of anti-social behaviour. Further, the Plan of Management creates a complaints mechanism. The development is acceptable in this respect subject to on-going compliance with the Plan of Management.

 

Further, the development provides an on-site boarding house manager and the design of the development is generally consistent with CPTED principles. 

 

* Traffic and Parking

 

Comment: The development provides a compliant amount of on-site car parking consistent with the ARHSEPP requirements. In addition, the development would not generate any unreasonable impacts upon the local road network.

 

* Insufficient evidence to demonstrate that the owner is capable of operating a boarding house

 

Comment: The ongoing operation of the facility is subject to the provisions within the Plan of Management. Further, there are no planning guidelines/criteria to rely upon to insist that the owner must demonstrate that they are capable of operating a boarding house.

 

* Enforcing the maximum allowable number of lodgers and restrictions on the use of the communal open spaces

 

Comment: The submitted Plan of Management addresses these matters. It is recommended that this Plan of Management is enforced via a condition of consent.  A further condition has been included which restricts the use of the western outdoor communal terrace between the hours of 7am – 10pm.

 

* Presence of asbestos

 

Comment: Council’s standard demolition conditions concerning the removal of asbestos have been incorporated into the recommended conditions.

 

* Non-conformity to BASIX

 

Comment: The applicant has address energy efficiency with a Section J report.

 

* Insufficient details in relation to the 1.8m acoustic screening required

 

Comment: The amended plans show the acoustic screen required around the rear outdoor communal terrace. In addition, a condition of consent has been included stating that prior to the issue of any Occupation Certificate, a report must prepared by a suitably qualified acoustic consultant certifying that the construction has incorporated the recommendations in the DA Acoustic Report.

 

The amended plans did not warrant re-notification in accordance with KDCP 2013 because the proposed development would result in similar or less impacts for the streetscape and/or adjoining properties.

 

REFERRALS

 

Council Referrals

 

Development Engineer

26.       Council’s Development Engineer has raised no objection to the amended plans subject to a requirement which ensures that basement car parking spaces are allocated to specific rooms. The submitted Plan of Management addresses this.

 

Waste referral

27.       No objections were raised.

 

Stormwater

27.       No objections were raised subject to conditions. Those conditions have been incorporated in to the recommended conditions.

 

CONCLUSION

29.       Development consent is sought for demolition of existing structures and construction of a new five (5) storey boarding house containing forty three (43) boarding rooms at 69 Gray Street, Kogarah.

 

The application has been assessed having regard to the Heads of Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, the provisions of the relative State Environmental Planning Policies, Local Environmental Plans and Development Control Plans. The proposed development achieves an acceptable level of compliance with those requirements and does not cause any unreasonable impacts upon neighbouring properties and/or the streetscape.

 

The application was notified and advertised in accordance with the Development Control Plan. A total of twenty one (21) submissions were received objecting to the development. The issues raised have been addressed in this report and are not considered to warrant further plan amendment or outright refusal of the application.

 

The application is recommended for approval.

 

DETERMINATION AND STATEMENT OF REASONS

30.

Statement of Reasons

 

1.   The proposed development provides housing within a medium density residential environment in accordance with the applicable zone objectives.

2.   The proposed development, subject to the recommended conditions, is consistent with the objectives of the applicable environmental planning instruments, being SEPP 55 – Remediation of Land, SEPP (Affordable Rental Housing) 2009, and Kogarah Local Environmental Plan 2012.

3.   The proposed development is consistent with the objectives of the applicable development control plan, being Kogarah DCP 2013.

4.   The proposed development does not preclude the re-development of other adjoining sites within the desired amalgamation pattern.

5.   The proposed development is considered to be of an appropriate scale and form for the site and the character of the locality.

6.   On balance, the proposed tree removal is acceptable in that it is required to facilitate a reasonable building footprint so the site can be re-development in accordance with the applicable planning controls. 

7.   In consideration of the aforementioned reasons, the proposed development is a suitable response to the site and its approval is in the public interest. 

 

THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended, the Council grants development consent to Development Application DA2017/0276 for demolition of the existing structures and construction of new five storey boarding house containing 43 boarding rooms and basement parking on Lot A in DP 309722, known as 69 Gray Street, Kogarah, subject to the attached 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.         DEV6.1 – 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:

 

Description

Reference No.

Date

Revision

Prepared by

Site Plan

DA 1005

01.12.17

B

CDA

Demolition Plan

DA 1007

21.07.17

A

CDA

Basement Floor Plan

DA 1101

15.03.18

D

CDA

Ground Floor Plan

DA 1102

25.01.18

C

CDA

Level 1 Floor Plan

DA 1103

01.12.17

B

CDA

Level 02 Floor Plan

DA 1104

21.02.18

C

CDA

Level 03 Floor Plan

DA 1105

21.02.18

C

CDA

Level 04 Floor Plan

DA 1106

21.02.18

C

CDA

Roof Level Plan

DA 1107

21.02.18

C

CDA

North and South Elevations

DA 2001

03.04.18

D

CDA

East and West Elevations

DA 2002

21.02.18

C

CDA

Long Section

Driveway Section

DA 3001

15.03.18

D

CDA

Accessible Unit Layout

DA 5001

01.12.17

B

CDA

Finishes Schedule

DA 7041

21.02.18

C

CDA

Landscape Plan

L/01, L/02, L/03, L/04 and L/05.

27.11.17

B

Discount Landscape Plans

Hydraulic Details

H01 and H02

13.07.17

2

ANA civil

 

2.         DEV6.5 – Plan Amendment - Landscape Plan - The landscape plans referenced in Condition 1 shall be updated so they are consistent with the architectural drawings and the required design changes outlined below. 

 

The architectural and landscape plans shall be modified to reflect the following required design changes -

 

a)   The west facing glazing elements for rooms 307, 308, 403 and 404 must be operable windows. No sliding doors are permitted; and

 

b)   The 'non-trafficable landscape' area adjacent to the communal outdoor terrace at the western end of Level 2 must be replaced with a non-trafficable roof such as Clip-Lok and the landscaping deleted.

 

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.

 

3.         APR 7.4 – 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 1.5m wide footpath for the full length of the frontage of the site in Gray Street in accordance with Council’s Specifications applying at the time construction approval is sought.

(b) The thickness and design of the driveway shall be in accordance with Council’s Specifications applying at the time construction approval is sought.

(c)  Construct a new 150mm high concrete kerb with 450mm wide gutter for the full frontage(s) of the site in accordance with Council’s Specifications for kerb and guttering, applying at the time construction approval is sought.

(d) 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 applicant.  The work shall be carried out in accordance with Council’s specification, applying at the time construction approval is sought.

 

Constructing a vehicular crossing and/or footpath requires separate approval under Section 138 of the Roads Act 1993 <http://legislation.nsw.gov.au/>, prior to the commencement of those works.  

 

4.         APR7.8 - Below ground anchors - Information to be submitted with S68 Application under LGA 1993 and S138 Application under Roads Act 1993 - In the event that the excavation associated with the basement carpark is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways, an application must be lodged with Council under Section 68 of the Local Government Act 1993 and the Roads Act 1993 for approval, prior to commencement of those works. The following details must be submitted.

 

(a) That cable anchors will be stressed released when the building extends above ground level to the satisfaction of Council.

 

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

 

(c) Documentary evidence of such insurance cover to the value of $20 million.

 

(d) The applicant must register a non-terminating bank guarantee in favour of Council for the amount of.

 

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

 

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

 

5.         APR7.2 - Section 138 Roads Act 1993 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.

 

Separate approval is required 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) listed below.

 

An application is required to be lodged and approved prior to the commencement of any of the following works or activities;

 

(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 (eg Opening the road for the purpose of connections to utility providers);

 

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

 

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

 

(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 Council’s website www.georgesriver.nsw.gov.au. For further information, please contact Council’s Customer Service Centre on (02) 9330 6400.

 

6.         APR7.5 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the RMS, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

 

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

These conditions have been imposed by other NSW Government agencies either through their role as referral bodies, concurrence authorities or by issuing General Terms of Approval under the Integrated provisions of the Environmental Planning and Assessment Act 1979.

 

7.         GOV8.13 - Notice of Requirements for a Section 73 Certificate - A Notice of Requirements of what will eventually be required when issuing a Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.  Application must be made through an authorised Water Servicing Co-ordinator.  Please refer to the ‘Plumbing, building and developing’ section of the web site www.sydneywater.com.au then refer to ‘Providers’ under ‘Developing’ or telephone 13 20 92 for assistance.

 

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

 

The Notice of requirements must be submitted prior to the commencement of work. A Section 73 Compliance Certificate will be required at the completion of development in accordance with further conditions.

 

8.         GOV8.14 - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be submitted to the PCA prior to the issue of the Occupation/Subdivision Certificate.

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

These conditions either require modification to the development proposal or further investigation/information prior to the issue of the Construction Certificate to ensure that there is no adverse impact.

 

9.         CC9.15 - Acoustic Compliance - Prior to the issue of any Construction Certificate, a report prepared by a suitably qualified acoustic consultant must be submitted to the PCA certifying that the construction certificate drawings have incorporated the recommendations in the DA Acoustic Report, prepared by Acoustic Noise & Vibration Solutions Pty Ltd and dated 17 July 2017.

 

            This report must include appropriate certification of the design of the 1.8m acoustic screen installed around the boundary of the western outdoor communal terrace as stated in the recommendations on page 18 in the DA Acoustic Report.

 

10.       CC9.44 - Driveway Construction Plan Details - Detailed engineering plans for the driveway shall be submitted with the Construction Certificate application for approval that show:

 

(a) Longitudinal and cross sections, gradients, access onto the proposed lots, type of construction materials designed in accordance with Council's Subdivision standards and AS/NZS2890.1-2004.

 

(b) Suitable underground provision for the supply of all relevant services to the proposed lots (proposed position of pipes and conduits).

 

(c) The full length of the driveway designed with a minimum 150mm thick reinforced concrete and minimum of 2.7m wide pavement/kerb face to kerb face width, and a non-slip surface.

 

11.       CC9.45 - Council Property Shoring - Prior to the issue of the Construction Certificate, plans and specifications prepared by a professional engineer specialising in practising structural engineering 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.

 

12.       CC9.47 - Fire Safety Measures - Prior to the issue of a construction certificate a list of the essential fire safety measures that are to be provided in relation to the land and any building on the land as a consequence of the building work must accompany an application for a construction certificate, which is required to be submitted to either Council or a PCA. Such list must also specify the minimum standard of performance for each essential fire safety measure included in the list. The Council or PCA will then issue a Fire Safety Schedule for the building.

 

13.       CC9.5 - Damage Deposit - Major Works - In order to insure against damage to Council property the following is required:

 

(a) Pay Council, before the issue of the Construction Certificate, a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $67,806.96

 

(b) Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee to enable assessment of any damage and repairs where required: $360.00

 

(c) Submit to Council, before the commencement of work, a dilapidation report of the condition of the Council nature strip, footpath and driveway crossing, or any area likely to be affected by the proposal.

 

At the completion of work Council will review the dilapidation report and the Works-As-Executed Drawings (if applicable) and 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.

 

14.       CC9.53 - Commonwealth Disability (Access to Premises) Standard - The Commonwealth Disability (Access to Premises - Buildings) Standards 2010 (the Premises Standards) applies to all applications (i.e. Construction Certificate). This requires any new building, part of a building and the affected part of the existing building to comply with the Premises Standards, the Building Code of Australia and AS 1428.

 

15.       CC9.62 - 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 for the approval of Council’s Engineers. Council’s Engineers must specify in writing that they are satisfied with the Traffic Management Plan prior to the issue of the Construction Certificate.

 

16.       CC9.1 - Fees to be paid - The fees listed in the table below must be paid in accordance with the conditions of this consent and Council’s adopted Fees and Charges applicable at the time of payment (available at www.georgesriver.nsw.gov.au).

 

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 7.11 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.

 

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 summary of the fees to be paid are listed below:

 

Fee Type

Fee

GENERAL FEES

Long Service Levy (to Long Service Corporation) Or, provide evidence of Payment direct to the Long Service Corporation.  See https://portal.longservice.nsw.gov.au/bci/levy/

Builders Damage Deposit

$67,806.96

Inspection Fee for Refund of Damage Deposit

$360.00

DEVELOPMENT CONTRIBUTIONS

Georges River Council Section 94A Development Contributions Plan 2017

$43,422.99

 

General Fees

 

The 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.

 

Development Contributions

 

A Section 7.12 contribution has been levied on the subject development pursuant to the Georges River Council Section 94A Contributions Plan.

 

Timing of Payment

The contribution must be paid and receipted by Council prior to the release of the Construction Certificate.

 

Further Information

A copy of the all current Development Contributions Plans may be inspected or a copy purchased at Council’s offices (Georges River Civic Centre, MacMahon Street, Hurstville and Kogarah Library and Service Centre, Kogarah Town Square, Belgrave Street, Kogarah) or viewed on Council’s website www.georgesriver.nsw.gov.au.

 

17.       CC9.13 - Low reflectivity roof - Roofing materials must be low glare and reflectivity. Details of finished external materials including colours and texture must be provided to the Certifying Authority.

 

18.       CC9.32 - Erosion & Sedimentation Control - Erosion and sediment controls must be provided to ensure:

 

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

 

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

 

(c) All clean water runoff 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 prior to the commencement of work (including demolition and excavation) and must remain until works are completed and all exposed surfaces are landscaped/sealed.

 

19.       CC9.33 - Pre-Construction Dilapidation Report - Private Land - A professional engineer specialising in structural or geotechnical engineering shall prepare a Pre-Construction Dilapidation Report detailing the current structural condition of adjoining premises including but not limited to:

 

(a) All neighbouring buildings likely to be affected by the excavation as determined by the consulting engineer.

 

The report shall be prepared at the expense of the applicant and submitted to the satisfaction of the Certifying Authority prior to the issue of the Construction Certificate.

 

A copy of the pre-construction dilapidation report is to be provided to the adjoining properties (subject of the dilapidation report), a minimum of 5 working days prior to the commencement of work. Evidence confirming that a copy of the pre-construction dilapidation report was delivered to the adjoining properties must be provided to the PCA.

 

Should the owners of properties (or their agents) refuse access to carry out inspections, after being given reasonable written notice, this shall be reported to Council to obtain Council’s agreement to complete the report without access. Reasonable notice is a request for access in no sooner than 14 days between 8.00am-6.00pm.

 

20.      CC9.34 - Stormwater System - The submitted stormwater plan has been assessed as a concept plan only. Final detailed plans of the drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.

 

(a)          All stormwater shall drain by gravity to the upper level of Council’s kerb inlet pit located in Princes Lane in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015 (as amended).

 

(b)          Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a professional engineer who specialises in Hydraulic Engineering in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.

 

21.      CC9.35 - On Site Detention - The submitted stormwater plan has been assessed as a concept plan only. Final detailed plans of the drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.

 

An on-site detention (OSD) facility designed by a professional engineer who specialises in Hydraulic Engineering must be designed, approved and 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,

 

(b) at Annual Recurrence Intervals of 2 years and 100 years.

      

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

      

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:

 

"BEWARE: This is an on-site detention basin/tank for rainwater which could overflow during heavy storms."

 

Full details shall accompany the application for the Construction Certificate.

 

22.      CC9.48 - Structural details - Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns and 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.

 

23.      CC9.54 - Geotechnical report - Geotechnical Reports: The applicant must submit a Geotechnical Report, prepared by a professional engineer specialising in geotechnical engineering who holds the relevant Certificate of accreditation as required under the Building Professionals Act 2005 in relation to dilapidation reports, all site works and construction.  This is to be submitted before the issue of the Construction Certificate and is to include:

 

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

 

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

 

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

 

(d) Measures to minimise vibration damage and loss of support to other buildings. Where possible any excavation into rock is to be carried out with tools such as rock saws which reduce vibration to adjoining buildings and associated structures. Where a hydraulic hammer is to be used within 30 metres of any building (other than a path or a fence) the report shall detail the maximum size of hammer to be used and provide all reasonable recommendations to manage impacts.

 

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

 

24.      CC9.6 - Site Management Plan - A Site Management Plan must be submitted with the application for a Construction Certificate, and include the following:

 

(a) location of protective site fencing;

(b) location of site storage areas/sheds/equipment;

(c) location of building materials for construction, e.g. stockpiles

(d) provisions for public safety;

(e) dust control measures;

(f) method used to provide site access location and materials used;

(g) details of methods of disposal of demolition materials;

(h) method used to provide protective measures for tree preservation;

(i) provisions for temporary sanitary facilities;

(j) location and size of waste containers/skip bins;

(k) details of proposed sediment and erosion control measures;

(l) method used to provide construction noise and vibration management;

(m) construction and demolition 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 kept on site and is to be made available upon request.

 

25.      CC9.61 - Traffic Management - Compliance with AS2890 - All driveways, access ramps, vehicular crossings and car parking spaces shall be designed and constructed in accordance with the current version of Australian Standards, AS 2890.1 (for car parking facilities) and AS 2890.2 (for commercial vehicle facilities).

 

26.      CC9.78 - 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 Certifying Authority prior to the issue of any Construction Certificate.

 

27.      CC9.61 - Traffic Management - Compliance with AS2890 - All driveways, access ramps, vehicular crossings and car parking spaces shall be designed and constructed in accordance with the current version of Australian Standards, AS 2890.1 (for car parking facilities) and AS 2890.2 (for commercial vehicle facilities).

 

28.      CC9.78 - 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 Certifying Authority prior to the issue of any Construction Certificate.

 

29.      CC9.84 - Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans. The landscaping shall be maintained in accordance with the approved plans in perpetuity.

 

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

 

30.      PREC10.11 - Dilapidation Report on Public Land - Major Development Only - Prior to the commencement of works (including demolition and excavation), a dilapidation report must be prepared for the Council infrastructure adjoining the development site, including:

 

The report must include the following:

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

 

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

 

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

 

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

 

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

 

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

 

g)   The Dilapidation Report must be prepared by a qualified structural engineer.  The report must be provided to the PCA and a copy provided to the Council. 

 

The Dilapidation Report must be prepared by a professional engineer. The report must be provided to the PCA and a copy provided to the Council. The report is to be supplied in electronic format in Word or PDF. Photographs are to be in colour, digital and date stamped.

 

Note: Council will use this report to determine whether to refund the damage deposit after the completion of works.

 

31.      PREC10.1 - Demolition & Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2001 - Demolition of Structures, NSW Work Health & Safety Act 2011 and the NSW Work Health & Safety Regulation 2011.  The work plans required by AS2601:2001 shall be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement shall be submitted to the PCA prior to the commencement of works.

 

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

 

All demolition work including the removal of asbestos, shall be undertaken in accordance with the Demolition Code of Practice (NSW Work Cover July 2015)

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

 

32.      PREC10.2 - Demolition Notification Requirements - The following notification requirements apply to this consent:

 

(a) The developer /builder must notify adjoining residents five (5) working days prior to demolition.  Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority. Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

 

(b) Five (5) working days prior to demolition, the developer/builder is to provide written notification to Council advising of the demolition date, details of the SafeWork licensed asbestos demolisher and the list of residents advised of the demolition.

 

(c) On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.

 

33.      PREC10.3 - Demolition work involving asbestos removal - Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under clause 458 of the Work Health and Safety Regulation 2011.

 

34.      PREC10.10 - Dial before your dig - The applicant shall contact “Dial Before You Dig on 1100” to obtain a Service Diagram prior to the issuing of the Construction Certificate.  The sequence number obtained from “Dial Before You Dig” shall be forwarded to Council’s Engineers for their records.

 

35.      PREC10.14 - Registered Surveyors Report - During Development Work - A report must be submitted to the PCA at each of the following applicable stages of construction:

 

(a) Set out before commencing excavation.

 

(b) Floor slabs or foundation wall, before formwork or commencing brickwork.

 

(c) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.

 

(d) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.  In multi-storey buildings a further survey must be provided at each subsequent storey.

 

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

 

(f) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans.  A final Check Survey must indicate the reduced level of the main ridge.

 

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

 

36.      PREC10.15 - Utility Arrangements - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the applicant’s expense.

 

DURING WORK

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

 

37.      CON11.11 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 grated stormwater pit in Princes Lane.

 

38.      CON11.12 - Cost of work to be borne by the applicant - The applicant shall bear the cost of all works associated with the construction of the development that occurs on Council property.  Care must be taken to protect Council's roads, including the made footway, kerbs, etc., and, where plant and vehicles enter the site, the footway shall be protected against damage by deep-sectioned timber members laid crosswise, held together by hoop iron straps and chamfered at their ends.  This construction shall be maintained in a state of good repair and condition throughout the course of construction.

 

39.      CON11.1 - Site sign - Soil & Erosion Control Measures - Prior to the commencement of works (including demolition and excavation), a durable site sign, issued by Council in conjunction with this consent, must be erected in a prominent location on site. The site sign warns of the penalties which apply to pollution, storing materials on road or footpath and breaches of the conditions relating to erosion and sediment controls. The sign must remain in a prominent location on site up until the completion of all site and building works.

 

40.      CON11.13 - 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 1993 and/or under Section 68 of the Local Government Act 1993.  Penalty infringement Notices may be issued for any offences and severe penalties apply.

 

41.      CON11.2 - Hours of construction for demolition and building work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity is permitted on Sundays, or Public Holidays.

 

Note: A penalty infringement notice may be issued for any offence.

 

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.

 

42.      CC12.10 - Major Development - Internal driveways and parking spaces are to be adequately paved with concrete or bitumen, or interlocking pavers to provide a dust-free surface.  All car parking spaces are to be line marked in accordance with AS1742, ‘Australian Standard Manual of Uniform Traffic Control Devices’ and the relevant guidelines published by the RMS.

 

43.      OCC12.26 - Requirements prior to the issue of the Occupation Certificate - The following shall be completed and or submitted to the 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)   The internal driveway construction works, together with the provision for all services (conduits and pipes laid) shall be completed in accordance with the approved Construction Certificate plans prior to the issue of the Occupation Certificate.

 

c)   A Section 73 (Sydney Water) Compliance Certificate for the Subdivision shall be issued and submitted to the PCA prior to the issue of the Occupation Certificate.

 

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.

 

44.      OCC12.28 - Vehicular 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 footpath for the full length of the frontage(s) of the site in in accordance with Council’s Specifications for footpaths.

 

(b) Construct the vehicular crossing in accordance with Council’s Specifications for vehicular crossings.

 

(c) Construct a new 150mm high concrete kerb with 450mm wide gutter for the full frontage(s) of the site in in accordance with Council’s Specifications for kerb and guttering.

 

(d) 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 applicant and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

 

A private contractor shall carry out the above work, at the expense of the applicant 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.

 

45.      OCC12.29 - Completion of Major Works - Prior to the issue of a Final Occupation Certificate, the following works must be completed at the applicant’s expense to the satisfaction of Council’s Engineering Services section:

 

a)   Stormwater pipes, pits and connections to public stormwater systems within the road related area;

 

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

 

c)   Removal of redundant driveways and vehicular crossings;

 

d)   New footpaths within the road related area;

 

e)   Relocation of existing power/light pole;

 

f)    Relocation/provision of street signs;

 

g)   New or replacement street trees;

 

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

 

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

 

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

 

Council’s Engineering Services Section must advise in writing that the works have been completed to their satisfaction prior to the issue of the Occupation Certificate. [Note: The damage deposit paid to Council will not be released until the works have been completed to Council’s satisfaction.

 

46.      OCC12.31 - Dilapidation Report on Public Land for Major Development Only - Upon completion of works, a follow up dilapidation report must be prepared for the items of Council infrastructure adjoining the development site.

 

The dilapidation report must be prepared by a professional engineer specialising in structural engineering, and include: 

 

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

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

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

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

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

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

 

The report must be provided to the PCA and a copy provided to the Council. The reports are to be supplied in electronic format in Word or PDF. Photographs are to be in colour, digital and date stamped.

 

NOTE: Council will use this report to determine whether or not to refund the damage deposit.

 

Council’s Engineering Services Division must advise in writing that the works have been completed to their satisfaction prior to the issue of an Occupation Certificate.

 

47.      OCC12.34 - Fire Safety Certificate before Occupation or Use - In accordance with Clause 153 of the Environmental Planning and Assessment Regulation 2000, on completion of building works and prior to the issue of an Occupation Certificate, the owner must cause the issue of a Final Fire Safety Certificate in accordance with Clause 170 of the aforesaid Regulation. The Fire Safety Certificate must be in the form or to the effect of Clause 174 of the Environmental Planning and Assessment Regulation, 2000. In addition, in relation to each essential fire or other safety measure implemented in the building or on the land on which the building is situated, such a Certificate is to state:

 

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

 

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

 

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

 

48.      OCC12.39 - Acoustic Certification - Prior to the issue of any Occupation Certificate, a suitably qualified acoustic consultant shall certify that the operation of the premises and plant equipment shall not give rise to a sound pressure level at any affected premises that exceeds the acoustic criteria established by the Acoustic Report required by a condition of this consent. The development shall at all times comply with these noise levels post occupation.

 

49.      OCC12.40 - Acoustic Compliance - Prior to the issue of any Occupation Certificate, a report prepared by a suitably qualified acoustic consultant must be submitted to the PCA certifying that the construction has incorporated the recommendations in the DA Acoustic Report, prepared by Acoustic Noise & Vibration Solutions P/L and dated 17 July 2017.

 

50.      OCC12.7 - Post Construction Dilapidation report - Private Land - At the completion of the construction works, a suitably qualified person is to be engaged to prepare a post-construction dilapidation report.  This report is to ascertain whether the construction works associated with the subject development created any structural damage to the adjoining premises.

 

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

 

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

 

51.      OCC12.17 - Restriction to User and Positive Covenant for On-Site Detention Facility - A Restriction on Use of the Land and Positive Covenant shall be created and registered on the title of the property, which places the responsibility for the maintenance of the on-site stormwater management system on the owners of the land.  The terms of the instrument are to be in accordance with Council’s standard terms and restrictions which are as follows;

 

Restrictions on Use of Land

 

The registered proprietor shall not make or permit or suffer the making of any alterations to any on-site stormwater management system which is, or shall be, constructed on the lot(s) burdened without the prior consent in writing of Georges River Council. The expression “on-site stormwater management system” shall include all ancillary gutters, pipes, drains, walls, kerbs, pits, grates, tanks, chambers, basins and surfaces designed to manage stormwater quantity or quality including the temporary detention or permanent retention of stormwater storages. Any on-site stormwater management system constructed on the lot(s) burdened is hereafter referred to as “the system”.

 

Name of Authority having the power to release, vary or modify the Restriction referred to is Georges River Council.

 

Positive Covenants

 

1. The registered proprietor of the lot(s) hereby burdened will in respect of the system:

 

a) keep the system clean and free from silt, rubbish and debris

 

b) maintain and repair at the sole expense of the registered proprietors the whole of the system so that if functions in a safe and efficient manner

 

c) permit the Council or its authorised agents from time to time and upon giving reasonable notice (but at any time and without notice in the case of an emergency) to enter and inspect the land for the compliance with the requirements of this covenant

 

d) comply with the terms of any written notice issued by the Council in respect of the requirements of this covenant within the time stated in the notice.

 

2. Pursuant to Section 88F(3) of the Conveyancing Act 1919 the Council shall have the following additional powers:

 

a) in the event that the registered proprietor fails to comply with the terms of any written notice issued by the Council as set out above the Council or its authorised agents may enter the land with all necessary materials and equipment and carry out any work which the Council in its discretion considers reasonable to comply with the said notice referred to in part 1(d) above

 

b) the Council may recover from the registered proprietor in a Court of competent jurisdiction:

 

i. any expense reasonably incurred by it in exercising its powers under subparagraph (i) hereof. Such expense shall include reasonable wages for the Council’s employees engaged in effecting the work referred to in (i) above, supervising and administering the said work together with costs, reasonably estimated by the Council, for the use of materials, machinery, tools and equipment in conjunction with the said work.

 

ii. legal costs on an indemnity basis for issue of the said notices and recovery of the said costs and expenses together with the costs and expenses of registration of a covenant charge pursuant to section 88F of the Act or providing any certificate required pursuant to section 88G of the Act or obtaining any injunction pursuant to section 88H of the Act. Name of Authority having the power to release vary or modify the Positive Covenant referred to is Georges River Council.

 

52.      OCC12.19 - Works as Executed and Certification of Stormwater works - Prior to the issue of an Occupation Certificate, the PCA 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 PCA and Council, from a professional engineer specialising in hydraulic engineering.

 

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 PCA.

 

The works-as-executed drainage plan must be prepared by a professional engineer specialising in hydraulic engineering in conjunction with a Registered Surveyor and must include the following details:

 

(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 (if applicable);

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

 

53.      OCC12.6 - Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

 

54.      CC9.89 - Tree Replacement - The following replacement trees are to be planted prior to the issue of either an Occupation Certificate.

 

Replacement Tree Species

Number of trees

Location

Pot Size

Blueberry ash

1

Street tree (Gray Street)

100L

 

A copy of the Hurstville City Council’s Tree Removal and Pruning Guidelines and Kogarah City Council, Street Tree Management Strategy and Masterplan, can be downloaded from Council’s website www.georgesriver.nsw.gov.au.

 

All costs associated with the planting of replacement trees shall be met by the applicant. Fees and charges outlined in the table below are subject to change and are set out in the current version of Council's ‘Schedule of Fees and Charges’, applicable at the time of payment.

 

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.

 

55.      ONG14.12 - Noise Control - The use of the premises must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997 (as amended).

 

56.      ONG14.13 - Maintenance of Sound Attenuation - Sound attenuation must be maintained in accordance with the Acoustic Report prepared by Acoustic Noise & Vibration Solutions Pty Ltd dated 17 July 2017.

 

57.      ONG14.26 - Lighting - General Nuisance - Any lighting on the site shall be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill or glare.

 

Flashing, moving or intermittent lights or signs are prohibited.

 

58.      ONG14.67 - Annual Fire Safety Statement - The owner of the building premises must ensure the Council is given an annual fire safety statement in relation to each essential fire safety measure implemented in the building. The annual fire safety statement must be given:

 

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

 

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

 

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

 

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

 

59.      ONG14.8 - Boarding House Operation - The following restrictions apply to the approved development:

 

(a) The development approved under this consent constitutes a ‘Boarding House’ as defined under State Environmental Planning Policy (Affordable Rental Housing) 2009 and shall not be used for the purposes of permanent residential accommodation nor hotel, motel, serviced apartments, private hotel, tourist accommodation or the like.

 

(b) Not more than one (1) lodger shall occupy boarding rooms G01, G02, 308 and 404. No which are to contain no more than one bed.

 

(c) Not more than two (2) lodgers shall occupy boarding rooms G03, G04, G05, G06, G07, G08, G09, G10, G11, 101 to 112, 201 to 208, 301 to 307, 402 and 403. No which is to contain no more than two beds.

 

(d) The total number of lodgers residing in the boarding house at any one time shall not exceed seventy six (76) lodgers plus one (1) boarding house manager. The Plan of Management must be updated to reflect this capacity.

 

(e) The lodgers must be subject to an occupancy agreement for a term of no less than three months.

 

(f) The boarding house must always be operated and managed in accordance with the provisions contained within the Plan of Management, prepared by GAT and Associates and sent to Council on 5 March 2018.

 

(g) The use and operation of the premises must comply with the requirements of Schedule 2 (Standards for Places of Shared Accommodation) of the Local Government (General) Regulation, 2005 under the Local Government Act 1993, the Public Health Act, 2010 and Regulations thereunder.

 

(h) The operation of the Boarding House shall be in accordance with the Boarding Houses Act 2012 at all times. This includes the registration of the Boarding House, as required by the Act.

 

(i) The communal outdoor terrace at the western end of the Level 2 Floor Plan shall only be used between 7am - 10pm. The approved Plan of Management must be updated to reflect this restriction.

 

Subdivision of the boarding house is not permitted in accordance with the provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

60.      ONG14.27 - 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.

 

61.      ONG14.5 - Maintenance of Landscaping - All trees and plants forming part of the landscaping must be maintained.  Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilizing, pest and disease control, replacement of dead or dying plants and any other operations required to maintain healthy trees, plants and turfed areas.

 

ADVICE

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

 

62.      ADV17.11 - Energy Efficiency Provisions - Should Council be appointed as the PCA, 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 PCA.

 

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

 

63.      ADV17.19 - Noise - Noise related conditions - Council will generally enforce noise related conditions in accordance with the Noise Guide for Local Government (http://www.environment.nsw.gov.au/noise/nglg.htm) and the Industrial Noise Guidelines (http://www.environment.nsw.gov.au/noise/industrial.htm) publish by the Department of Environment and Conservation. Other state government authorities also regulate the Protection of the Environment Operations Act 1997.

 

Useful links relating to Noise:

 

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

 

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

 

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

 

(d) Australian Acoustical Society - professional society of noise-related professionals (www.acoustics.asn.au/index.php <http://www.acoustics.asn.au/index.php>).

 

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

 

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

 

64.      ADV17.3 - Disability Discrimination Act - This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979.  No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant is responsible to ensure compliance with this and other anti-discrimination legislation.  The Disability Discrimination Act 1992 covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which refers to AS1428.1-Design for Access and Mobility. 

 

65.      ADV17.13 - Site Safety Fencing - Site fencing must be erected in accordance with SafeWork Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

 

A demolition licence and/or a high risk work license may be required from SafeWork NSW (see www.SafeWork.nsw.gov.au).

 

66.      ADV17.2 - Long Service Levy - The Long Service Corporation administers a scheme which provides a portable long service benefit for eligible workers in the building and construction industry in NSW. All benefits and requirements are determined by the Building and Construction Industry Long Service Payments Act 1986. More information about the scheme and the levy amount you are required to pay to satisfy a condition of your consent can be found at http://www.longservice.nsw.gov.au.

 

The required Long Service Levy payment can be direct to the Long Service Corporation via their web site https://online.longservice.nsw.gov.au/bci/levy.  Payments can only be processed on-line for the full levy owing and where the value of work is between $25,000 and $6,000,000. Payments will be accepted for amounts up to $21,000, using either MasterCard or Visa.

 

67.      ADV17.5 - Security deposit administration & compliance fee - Under Section 97 (5) of the Local Government Act 1993, a security deposit (or part) if repaid to the person who provided it is to be repaid with any interest accrued on the deposit (or part) as a consequence of its investment.

 

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

 

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

 

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

 

68.      ADV17.6 - Stormwater & Ancillary Works - Applications under Section 138 Roads Act and/or Section 68 Local Government Act 1993 - To apply for approval under Section 138 of the Roads Act 1993:

 

(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. 2012/DA) and reference this condition number (e.g. Condition 23)

 

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

 

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 specifications prior to the issue of an Occupation Certificate.

 

The developer must meet all costs of the extension, relocation or reconstruction of any part of Council’s drainage system (including design drawings and easements) required to carry out the approved development.

 

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

 

NOTE: A minimum of four weeks should be allowed for assessment.

 

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.

 

69.      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.

 

70.      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.

 

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

 

Schedule C – Operational & Statutory Conditions

 

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

 

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

 

72.      OPER1001 - Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued by the consent authority, the Council (if the Council is not the consent authority) or an accredited certifier.

 

An application form for a Construction Certificate is attached for your convenience.

 

73.      OPER1002 - Appointment of a Principal Certifying Authority - The erection of a building must not commence until the beneficiary of the development consent has:

 

(a) appointed a Principal Certifying Authority (PCA) for the building work; and

(b) if relevant, advised the PCA that the work will be undertaken as an Owner-Builder.

 

If the work is not going to be undertaken by an Owner-Builder, then the beneficiary of the consent must:

 

(a) appoint a Principal Contractor to undertake the building work. If residential building work (within the meaning of the Home Building Act 1989) is to be undertaken, the Principal Contractor must be a holder of a contractor licence; and

(b) notify the PCA of the details of any such appointment; and

(c)  notify the Principal Contractor of any critical stage inspections or other inspections that are required to be carried out in respect of the building work.

 

An Information Pack is attached for your convenience should you wish to appoint Georges River Council as the Principal Certifying Authority for your development.

 

74.      OPER1003 - Notification of Critical Stage Inspections - No later than two (2) days before the building work commences, the PCA must notify:

 

(a) the consent authority and the Council (if not the consent authority) of his or her appointment; and

(b) the beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the building work.

 

75.      OPER1004 - Notice of Commencement - The beneficiary of the development consent must give at least two (2) days notice to the Council and the PCA of their intention to commence the erection of a building.

 

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

 

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

 

Where 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.

 

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

 

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

 

If you need more information, please contact the Senior Development Assessment Planner, below on 9330-6400 during normal office hours.

 

 

 

ATTACHMENTS

Attachment 1

Site Plan and Elevations - 69 Gray St Kogarah

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 19 April 2018

LPP006-18              69 Gray Street Kogarah

[Appendix 1]           Site Plan and Elevations - 69 Gray St Kogarah

 

 

Page 62

 


 


 


 


Georges River Council – Local Planning Panel   Thursday, 19 April 2018

Page 66

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 19 April 2018

 

LPP Report No

LPP007-18

Development Application No

DA2017/0197

Site Address & Ward Locality

Lot 22, 23 Bay Road Oatley

Peakhurst Ward

Proposed Development

Demolition of existing dwelling and construction of two-three storey dwelling

Owners

Valerie Orton

Applicant

Mustapha Moussa

Planner/Architect

 Ghazi Al Ali Architects

Date Of Lodgement

30/06/2017

Submissions

Original proposal - 31, amended proposal 6

Cost of Works

$749,157.00

Local Planning Panel Criteria

Number of submissions received

List of all relevant s.4.15 matters (formerly s79C(1)(a))

Greater Metropoltian Regional Environmental Plan No 2 - Georges River Catchment

 State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 Hurstville Local Environmental Plan 2012, Hurstville Development Control Plan No 1 - LGA Wide

List all documents submitted with this report for the Panel’s consideration

Architectural plans

Arborist report

 

 

Report prepared by

Senior Development Assessment Planner

 

 

Recommendation

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

 

 

 

Summary of matters for consideration under Section 4.15

Have all recommendations in relation to relevant s4.15 matters been summarised in the Executive Summary of the assessment report?

 

Yes 

Legislative clauses requiring consent authority satisfaction

Have relevant clauses in all applicable environmental planning instruments where the consent authority must be satisfied about a particular matter been listed, and relevant recommendations summarised, in the Executive Summary of the assessment report?

 

Yes

Clause 4.6 Exceptions to development standards

If a written request for a contravention to a development standard (clause 4.6 of the LEP) has been received, has it been attached to the assessment report?

 

Not Applicable

Special Infrastructure Contributions

Does the DA require Special Infrastructure Contributions conditions (under s7.24)?

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No, standard conditions have been attached with no design changes

 

Site Plan

 

EXECUTIVE SUMMARY

1.         This report concerns an application seeking development consent for the demolition of the existing dwelling and construction of new two-three storey dwelling. 

 

During the assessment of the proposed development the application was amended by the applicant so as to retain the Council street trees at the front of the site as well as some of the trees within the site itself.

 

The proposed development generally complies with the planning controls and objectives within Hurstville Local Environmental Plan 2012 and Hurstville Development Control Plan No.1.

 

In view of the above, the application is recommended for approval subject to conditions included in the report.

 

DESCRIPTION OF THE PROPOSAL

2.         Development consent is sought for the demolition of the existing dwelling and construction of new two-three storey dwelling.  The existing dwelling on the site is constructed over two (2) allotments.  

 

The proposed development was amended during the assessment of the application. A further description of the proposed amended development is summarised as follows:

 

Tree Retention & Removal

The proposed development seeks to remove a total of fifteen (15) trees from the site.

 

A total of nine (9) trees are proposed for retention. These trees include those growing on the Council verge at the front of the site, two (2) trees within the site adjacent to the front boundary and five (5) trees at the rear of the allotment.

 

Street Level Plan

·    New partially excavation parking area accommodating two vehicles, storage and bathroom facilities; and

·    Access to the proposed car parking areas is facilitated by the existing driveway which is proposed to be maintained.

 

Ground Floor Plan

·    Ground floor plan accommodating a living room, kitchen, dining, family room and front balcony at the northern end of the dwelling.

 

First Floor Plan

·    First floor plan incorporating three bedrooms, bathrooms and front balcony at the northern end of the dwelling.

 

Level 02 Plan

·    Second floor plan incorporating a bedroom, laundry/storage and outdoor timber deck which facilitates access to the backyard within the rear setback area.

 

There is a concurrent development application for a new dwelling on lot 23, 23 Bay Road, Oatley.

 

HISTORY

3.

30 Jun 17                   The subject development application DA2017/0197 was submitted to Council.

 

30 Aug to 13 Sep 17 The application was placed on neighbour notification in accordance with the requirements of Hurstville Development Control Plan. A total of 31 submissions were received. 

 

10 Oct 17                   Following a preliminary assessment of the application a letter was sent to the applicant stating that the extent of tree removal proposed is unacceptable and cannot be supported by Council.

 

30 Nov 17                  Following discussions with the applicant regarding the amended plan submission, Council advised the applicant that any submission must be accompanied by an updated Bushfire assessment report and Arborist report.

 

21 Dec 17                  The applicant submitted amended architectural drawings. These plans are relied upon for assessment within this report. 

 

7 Feb 18                    The applicant submitted an updated Bushfire assessment report

 

1 Mar 18                     The applicant submitted an updated Arborist report.

 

12 - 26 Mar 18           The amended proposal was re-notified. A total of 6 submissions were received.

 

DESCRIPTION OF THE SITE AND LOCALITY

4.         The subject site is Lot 22 Section 10 DP 3230 and is commonly known at 23 Bay Road, Oatley. The site is a rectangular shaped allotment having a frontage to Bay Road of 12.19m and an overall site area of 490.5m². The site has a cross fall from the rear boundary towards the front boundary of approximately 11m. The site is densely vegetated. There are a number of large trees growing throughout the site as well as at the front of the outside on the Council verge outside the property boundary. There is an existing single storey cottage at the rear of the lot which straddles both Lot 22 and Lot 23. Vehicular access is attained at the front of the site via a driveway in the front north eastern corner.

 

The site is identified as being Bushfire Prone Land. To the north, on the opposite side of Bay Road is Lime Klin Bay Reserve. Adjoining the site to the west is also 23 Bay Road, known as Lot 23. That site is the subject of a separate development application. Further to the west are residential dwellings. Adjoining to the east is 25 Bay Road which accommodates a detached residential dwelling.

 

ZONING

5.         The subject site is zoned R2 – Low Density Residential in accordance with Hurstville Local Environmental Plan 2012. Refer to zoning map extract below:

 

 

Figure 1: Zoning map extract

 

APPLICABLE PLANNING CONTROLS

5.

·   Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

·   State Environmental Planning Policy No 55 - Remediation of Land

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

·   Hurstville Local Environmental Plan 2012

·   Hurstville Development Control Plan No.1

 

PLANNING ASSESSMENT

6.         The site has been inspected and the proposed development has been assessed under the relevant Section 4.15(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979. 

 

Environmental Planning Instruments

 

Hurstville Local Environmental Plan 2012 (HLEP 2012) 

7.         The extent to which the proposal complies with the relevant standards of HLEP 2012 is outlined in the table below.

 

Clause

Standard

Proposed

Complies

Part 2 – Permitted or Prohibited Development

R2 Low Density Residential

The proposal is defined as a dwelling house. Dwelling houses are permissible in the zone.

Yes

 

Objectives of the Zone

The proposal achieves the objectives of the zone.

Yes

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

8.54m maximum

Yes

4.4 – Floor Space Ratio

0.6:1 as identified on Floor Space Ratio Map

0.54:1

Yes

6.5 – Gross floor areas of dwellings in residential zones

Site Area ≤ 630

Applicable FSR is 0.55 or 269.5m².

Proposed FSR is 0.54:1 or 262m².

Yes

6.1 – Acid sulfate soils

Works within 500m of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.

The site is located within 500m of adjacent class 2 and 5 land. However, the extent of excavation proposed dictates that an acid sulfate soils assessment or management plan is not necessary.

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

 

Essential services are available to the development

Suitable vehicular access is available to the site.

 

 

 

 

 

Yes

 

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

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

 

State Environmental Planning Policy No 55 - Remediation of Land

9.         The subject site is zoned residential and has a history of residential uses as a dwelling house. As such it is considered unlikely that the land is contaminated.

 

Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

 

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

10.       A BASIX certificate has been submitted with the application. A condition has been included in the recommendation of this report requiring compliance with the commitments indicated in the BASIX Certificate.

 

Draft Environmental Planning Instruments

11.       No Draft Environmental Planning instruments affect the proposed development.

 

Any other matters prescribed by the Regulations

12.       The Regulations prescribe the following matters for consideration for development in the Georges River Council area:

 

Demolition

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

 

Planning for Bushfire Protection 2006

In support of this proposal, a bushfire risk assessment has been submitted in compliance with the ‘Planning for Bush Fire Protection 2006’.  The amended proposal was referred to the NSW Rural Fire Service who raised no objection to the development subject to bushfire conditions of consent.

 

Development Control Plans

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.4 DWELLING HOUSES ON STANDARD LOTS

13.       The proposal has been assessed against the requirements of Section 4.4 of Council’s Development Control Plan No 1 – LGA Wide as shown below. The non-compliant aspects of the proposal are discussed at the end of the table.

 

Section 4.4

Design solution

Proposed

Complies

PC1

Neighbourhood Character

Development is sited and designed to respect existing neighbourhood and streetscape character.

Appropriate

Yes

PC2

Building Height

Maximum building height is in accordance with the LEP.

 

 

 

Maximum ceiling height is 7.2m above the existing ground level vertically below that point.

 

Maximum height to the top of the parapet is 7.8m above the existing ground level vertically below that point.

 

For steep or sloping sites, the building is sited and designed to be staggered or stepped into the natural slope of the land.

The proposed development complies with the building height development standard within the LEP.

 

The maximum ceiling height is approximately 8.34m and therefore does not comply.

 

 

The maximum parapet height is approximately 8.54m and therefore does not comply.

 

The design of the development has been stepped down the site to reflect the natural topographic features of the site as much as practically possible.

Yes

 

 

 

 

No

 

 

 

 

No

 

 

 

 

Yes

 

PC3

Setbacks

Front Setback

Minimum setback from the primary street boundary is:

4.5m to the main building face

5.5m to the front wall of the garage

OR

Within 20% of the average setback of dwellings on adjoining lots

 

Side Setbacks

900mm (ground floor)

 

1.2m (first floor)

 

Rear Setback

6m

 

Minimum 10m to main building face

8.48m to front wall of the garage

 

 

 

 

 

 

 

Minimum 2m (east – all levels)

1.76m (west – all levels)

 

 

12m

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

PC4

Facades

The dwelling house has a front door or window to a habitable room facing the primary street frontage.

 

The dwelling house incorporates design elements.

 

 

 

 

 

 

Garage doors are not wider than 6m.

Windows to habitable rooms and balconies are proposed along the primary street frontage.

 

The design of the development incorporated front balconies and a range of varying materials to provide a high level of design and architectural quality.

 

The proposed development includes a double width garage door which is acceptable.

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

PC5

Views

Development is sited and designed to facilitate view sharing.

The proposed development does not result in any adverse view loss impacts.

Yes

PC6

Solar access

 

Development allows for at least 3 hours of sunlight on the windows of main living areas and adjoining principal private open space of adjacent dwellings between 9.00am and 3.00pm on 22 June.

Complies

Yes

PC7

Visual privacy

Windows of proposed dwelling must be offset from neighbouring windows by 1m, especially windows of high-use rooms.

 

Windows for primary living rooms must be designed so that they maintain privacy of adjoining site’s principal private open space.

Complies

 

 

 

 

 

Design outcomes are acceptable. Windows along the side elevations are minimised throughout the design. 

Yes

 

 

 

 

 

Yes

 

PC8

Noise

Noise generators such as plant and machinery including air conditioning units and pool pumps are located away from windows or other openings of habitable rooms and are screened to reduce noise or acoustically enclosed.

Standard conditions have been imposed concerning noise.

Yes

PC9

Vehicle access, parking and manoeuvring

Min. 2 spaces for 3 bedrooms or more

Enclosed or roofed car accommodation, including garages and carports, are located at least 1m behind the main setback.

 

Driveway gradients must be constructed in accordance with Australian Standard 2890.1(2004).

2 spaces provided

 

The proposed garage is located forward of the main setback and therefore does not conform to this requirement.

 

The design appears to be capable of complying. Standard conditions of consent have been imposed.

Yes

 

No

 

 

 

 

Yes

PC10

Landscaped Areas (min. width 2m)

 

 

 

Private Open Space

20% of the Site Area (98m² in this case)

 

15m² of landscaped area to be provided in the front yard

 

 

 

Principal Private Open Space Min. dimension of 4m minimum area of 30m² and directly accessible from a main living area

34%

 

 

10.36m² is provided which does not comply with the 15m² minimum.

 

 

Compliant parcel of P.O.S is provided at the rear but is not accessible from a main living area.

Yes

 

 

No

 

 

 

 

 

No

PC12

Basements

Basements do not protrude more than 1m above existing ground level at any point.

 

 

 

Only one driveway access is permitted.

 

Internal Floor to Ceiling min. 2.1m, max. 2.4m

 

 

 

 

 

> 1.5m excavation requires Geotechnical Report

A portion of the basement protrudes more than 1m above existing ground level but is acceptable given the fall in the land.

 

Single access point proposed.

 

Approximately 2.8m proposed. However, this reduces the extent of excavation required for the ground floor level is therefore acceptable.

 

The extent of excavation exceeds 1.5m. Conditions requiring a Geotechnical report have been included.

No but acceptable on merit

 

 

 

Yes

 

 

Yes

 

 

 

 

 

 

Yes –subject to conditions

 

PC14

Balconies & Terraces

Direct access from a  habitable room (at same floor level)

 

Overlooking impacts can be minimized with the use of privacy screens between 1.5m-1.8m high. 

 

Terraces must not be visible from the street

Complies

 

 

 

Privacy screens not required on the front façade.

 

 

 

Proposed terraces would be visible from the street to some extent, however this provides a more modulated building adding architectural merit and takes advantage of the outlook available from the subject site.

Yes

 

 

 

Yes

 

 

 

 

No but acceptable on merit

 

 

Discussion of DCP Non-Compliances

 

Building Height

14.       The DCP sets a maximum ceiling height of 7.2m and a maximum parapet height of 7.8m. The proposed development has a maximum ceiling height of approximately 8.34m and therefore does not comply. The maximum parapet height is 8.54m and also does not comply. The proposed development does however remain fully compliant with the building height development standard within the LEP.

 

The additional height sought facilitates additional internal height so as to create clerestory style windows (see below) which promote functional and high amenity internal spaces in accordance with the performance criteria within Part PC2 of the DCP concerning building height. These design elements are shown highlighted below.

 

  Figure 2: Section drawing with areas of additional height shown outlined

 

It is comprehendible that the extent of the non-compliance could be reduced/eliminated through deletion of the clerestory windows and a reduction in the floor to ceiling heights. However, this would not necessarily offer any appreciable benefit to the adjoining properties and/or the streetscape but would compromise the internal amenity of the proposed dwelling for the future occupants.

 

The site has a significant cross fall and is topographically constrained. Compliance with the height guidelines within the DCP is therefore difficult. There are significant trees at the front of the site which are proposed to be retained and would screen large portions of the new dwelling as viewed from the public domain. The additional height proposed does not generate any unreasonable amenity impacts for adjoining properties and/or the streetscape. 

 

Vehicle access, parking and manoeuvring

15.       Control DS9.3 states that garages must be located at least 1m behind the main setback. The proposed development does not achieve this requirement because the garage is the forward most element on the front façade. This outcome is acceptable in the specific circumstances of this site for the following reasons:

 

·    The car parking facilities do not unduly dominate the streetscape, noting the significant street trees at the front of the site which are proposed to be retained and would provide some screening of the built form;

·    Shifting the garage further rearward into the site would necessitate to additional excavation works; and

·    The design outcome proposed facilitates the creation of a front balcony area that is north facing and is accessible off the main internal living room.

 

Landscaping

16.       Control DS10.4 states that a minimum of 15sqm of the landscaped open space is provided between the front setback and the street boundary in the form of a front yard. The proposed development provides 10.36sqm and therefore does not achieve this requirement. The majority of the front setback area is comprised of the existing concrete driveway which is required to facilitate access to the proposed car parking facilities. 

 

Private Open Space

17.       The design of the private open space is otherwise compliant with the DCP controls, save for the provision which states that the P.O.S must be directly accessible from a main living area. The design of the development does incorporate a front balcony that is accessed off the living room and is north facing to maximise amenity. No further concerns are raised in this regard.

 

Front Setback

18.       The front building setback proposed complies with the numerical requirements of HDCP No.1, however, it is acknowledged that the proposed dwelling sits forward of the adjoining building to the east at 25 Bay Road, Oatley. The front setback proposed enables the retention of significant trees at the rear of Lot 22. Further, the retention of the existing trees at the front of the site provides significant screening of the proposed built form which reduces the legibility of the proposed setback as viewed from the street.

 

IMPACTS

 

Natural Environment

19.       The site is currently densely vegetated with large trees and other natural features. It is however noted that the site is zoned R2 – Low Density Residential and has applicable FSR and height development standards in the LEP which anticipated future re-development of the lot.

 

The original proposal submitted to Council sought to remove every tree from the allotment as well as the trees growing on the public verge (except for one) at the front of the site. This outcome was not supported by Council. The applicant was requested to retain as many trees as possible whilst enabling a reasonable building footprint to be established so as to allow a new dwelling to be constructed. Refer to proposed footprint diagram below.

 

 

The amended scheme retains the following trees which are considered to be significant species and contribute to the ecological significance of the site and the general amenity of the area:

 

Tree Species

Location of Tree / Tree No.

Thuja placate

 

Rear of property /T01

Jacaranda mimosifolia

Rear of property /T02

Jacaranda mimosifolia

Rear of property /T03

Eucalyptus pilularis

Rear of property /T04

Eucalyptus pilularis

Rear of property /T05

Angophora floribunda

Council street tree /T13

Corymbia gummifera

Council street tree /T14

Eucalyptus pilularis

Council street tree /T15

Eucalyptus haemastoma

Front of property /T16

 

NOTE: DA2017/0198 also retains the remainder of the other existing street trees at the front of the site.

 

A diagram of the trees proposed to be removed/retained is shown below.

 

 

 

 

 

 

 

 

 

 

 

 

It is acknowledged that a total of fifteen (15) trees are supported for removal. These trees are generally within a reasonable building footprint for the site, noting that re-development of the site is to be expected given the zoning and applicable height and FSR development standards. 

 

The amended application and arborist report has been reviewed by Council’s Tree Management Officer who supports the proposed development subject to various conditions, including the requirement of six (6) replacement trees to be planted on site.

 

The outcomes proposed in respect of the natural environment are considered to provide a reasonable balance between the retention of significant trees on the site whilst facilitating a building footprint to construct a new dwelling.

 

Built Environment

20.       The proposed development would not result in any adverse impacts upon the built environment for reasons discussed throughout this report. 

 

Social & Economic Impact

21.       The proposed development would not result in any adverse social and/or economic impacts within the locality.

 

Suitability of the Site

22.       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.

 

SUBMISSIONS AND THE PUBLIC INTEREST

 

Original Proposal

23.       The original proposal was notified to adjoining neighbours for a period of 14 days during which time a total of 31 submissions were received. These submissions came from properties that were directly notified by Council as well as numerous other nearby properties within the locality.

 

The submissions raised the following issues.

 

·    Extent of tree removal is unacceptable

·    Loss of neighbourhood character

·    Impacts on flora and fauna

·    Ecological impacts

·    Inadequate information submitted with the application

·    Arborist report is inadequate 

 

Comment: As discussed in the main body of the report, the application has been amended at the request of Council Officers to retain all of the existing street trees as well as a number of trees within the site itself. Conditions of consent have been imposed requiring replacement trees to be planted. The ecological outcomes proposed are considered to be a satisfactory balance between retaining the existing, significant trees whilst enable a reasonable re-development of the site.

 

There was sufficient information submitted with the application to enable a thorough assessment, noting than an amended arborist report accompanied the amended plan submission.

 

The following additional concerns were raised and are addressed as follows.

 

Foreshore scenic protection area

The site is within the foreshore scenic protection area

 

Comment: The site is located just outside the foreshore scenic protection area in accordance with clause 6.4 of the LEP. The relevant map extract demonstrating this is re-produced below.

 

 

Loss of privacy

Loss of privacy due to internal courtyard and its proximity to adjacent bedroom.

 

Comment: The amended plans have removed the internal courtyard originally objected to.

 

Excavation

Excessive excavation

 

Comment: The extent of excavation proposed in the amended plans has been reduced from the original plan submission. Nevertheless, the works still do involve excavation works which are reasonable in view of the slope of the site. Suitable geotechnical conditions have been included to ensure that the amenity of the adjoining properties is protected. 

 

Overdevelopment/excessive bulk and scale

Overdevelopment/Excessive bulk and scale when viewed from the street

 

Comment: The proposed development is compliant with the planning controls which regulate the bulk and scale of buildings (ie – LEP building height, floor space ratio, setbacks and façade design).

 

Amended Proposal

24.       The amended proposal was notified to adjoining neighbours as well as all previous submitters for a period of 14 days during which time a total of 6 submissions were received. The following concerns were raised:

 

·    Extent of tree removal is unacceptable

·    Loss of neighbourhood character

·    Impacts on flora and fauna

·    Ecological impacts

·    Geotechnical impacts

 

The concerns raised above have been previously addressed within this report.

 

REFERRALS

 

Council Referrals

 

Tree Management Officer

25.       The amended proposal is supported by Council’s Tree Management Officer subject to the tree retention and tree replacement conditions that have been incorporated into the recommended conditions. 

 

Stormwater Engineer

26.       The application was referred to Council’s Stormwater Engineer who raised no objection to the proposed development.

 

External Referrals

 

Rural Fire Service

27.       The application was referred to the Rural Fire Service (RFS) in accordance with the requirements within Part 4.14 of the Environmental Planning and Assessment Act 1979. The RFS raised no concerns to the proposed development subject to the imposition of conditions. Those conditions have been incorporated into the recommendation.

 

CONCLUSION

28.       This report concerns an application seeking development consent for the demolition of the existing dwelling and construction of new two-three storey dwelling. 

 

During the assessment of the development the application was amended by the applicant so as to retain the Council street trees at the front of the site as well as some of the more significant trees within the site itself. The proposed development generally complies with the planning controls and objectives within Hurstville Local Environmental Plan 2012 and Hurstville Development Control Plan No.1.

 

In view of the above, the application is recommended for approval subject to conditions included in the report.

 

DETERMINATION AND STATEMENT OF REASONS

29.

Statement of Reasons

 

1.   The proposed development provides housing within a low density residential environment in accordance with the applicable zone objectives.

2.   The proposed development, subject to the recommended conditions, is consistent with the objectives of the applicable environmental planning instruments, being SEPP 55 – Remediation of Land, SEPP (BASIX) 2004, and Hurstville Local Environmental Plan 2012.

3.   The proposed development is consistent with the objectives of the applicable development control plan, being Hurstville DCP No.1.

4.   The proposed development is considered to be of an appropriate scale and form for the site and the character of the locality.

5.   On balance, the proposed tree removal is acceptable in that it is required to facilitate a reasonable building footprint so the site can be re-development in accordance with the applicable planning controls. 

6.   In consideration of the aforementioned reasons, the proposed development is a suitable response to the site and its approval is in the public interest. 

 

THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application DA2017/0197 for demolition of the existing dwelling and construction of new two-three storey dwelling at Lot 22 Section 10 DP 3230 and known as Lot 22 23 Bay Road, Oatley be approved subject to the following conditions:

 

Schedule A – Site Specific Conditions

 

GENERAL CONDITIONS

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

 

1.         DEV6.1 – 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:

 

Description

Reference No.

Date

Revision

Prepared by

Demolition Plan

A1110

20/12/17

B

Ghazi Al Ali Architects

Street Level

A1201

20/12/17

B

Ghazi Al Ali Architects

Ground & Level 01

A1202

20/12/17

B

Ghazi Al Ali Architects

Level 02 & Roof

A1203

20/12/17

B

Ghazi Al Ali Architects

Elevations

A1301

20/12/17

B

Ghazi Al Ali Architects

Elevations

A1302

20/12/17

B

Ghazi Al Ali Architects

Sections

A1401

20/12/17

B

Ghazi Al Ali Architects

Material Schedule

A2201

20/12/17

B

Ghazi Al Ali Architects

Material Schedule

A2202

20/12/17

B

Ghazi Al Ali Architects

Landscape Plans

LPDA 17 – 355/1

LPDA 17 – 355/2

LPDA 1/ - 355/3

27/3/18

D

Conzept

Stormwater Concept

SW200, SW201, SW202, SW203, SW300 and SW400

22/6/17

A

SGC

 

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.

 

2.         APR7.2 - Section 138 Roads Act 1993 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.

 

Separate approval is required 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) listed below.

 

An application is required to be lodged and approved prior to the commencement of any of the following works or activities;

 

(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 (eg Opening the road for the purpose of connections to utility providers);

 

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

 

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

 

(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 Council’s website www.georgesriver.nsw.gov.au. For further information, please contact Council’s Customer Service Centre on (02) 9330 6400.

 

3.         APR7.5 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the RMS, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

 

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

These conditions have been imposed by other NSW Government agencies either through their role as referral bodies, concurrence authorities or by issuing General Terms of Approval under the Integrated provisions of the Environmental Planning and Assessment Act 1979.

 

4.         GOV8.12 - Sydney Water - Tap in TM - The approved plans must be submitted to a Sydney Water Tap in TM to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  The approved plans will be appropriately endorsed.  For details please refer to ‘Plumbing, building and developing’ section of Sydney Water’s web site at www.sydneywater.com.au then see ‘Building’, or telephone 13000 TAP IN (1300 082 746).  The Certifying Authority must ensure that a Tap in TM agent has appropriately stamped the plans prior to the issue of the Construction Certificate.

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

These conditions either require modification to the development proposal or further investigation/information prior to the issue of the Construction Certificate to ensure that there is no adverse impact.

 

5.         CC9.10 - Section 4.14 Bushfire Risk Assessment Certificate - All bushfire measures as recommended in the Bushfire Risk Assessment Report No.171096B, prepared by Building Code & Bushfire Hazard Solutions Pty Limited and dated 7 February 2018, and in the Bushfire Risk Assessment Certificate approved by Building Code & Bushfire Hazard Solutions (Certification No. BPAD9400), must be implemented and the details of bushfire safety measures must be submitted with the Construction Certificate application.

 

6.         CC9.11 - Bushfire Attack Level - The proposed development is to fully comply with all requirements applicable to a Bush Fire Attack Level (BAL) of FZ. With regard to the construction requirements both Addendum: Appendix 3 Planning for Bush Fire Protection 2010, and AS3959 -2009 Construction of Buildings in Bush Fire prone areas shall be referenced. Full details of proposed method of compliance are to be submitted with the Construction Certificate application.

 

7.         CC9.1 - Fees to be paid - The fees listed in the table below must be paid in accordance with the conditions of this consent and Council’s adopted Fees and Charges applicable at the time of payment (available at www.georgesriver.nsw.gov.au).

 

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).

 

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 summary of the fees to be paid are listed below:

 

Fee Type

Fee

GENERAL FEES

Long Service Levy (to Long Service Corporation) Or, provide evidence of Payment direct to the Long Service Corporation.  See https://portal.longservice.nsw.gov.au/bci/levy/

Builders Damage Deposit

$1,900.00

Inspection Fee for Refund of Damage Deposit

$150.00

DEVELOPMENT CONTRIBUTIONS

Georges River Council Section 94A Development Contributions Plan 2017

$7759.76

 

            A Tree Preservation and Protection Bond shall be implemented as per Georges River Councils Assets & Infrastructure Tree Management 1.11.

 

·     Minimum Fee per tree > 5 metres in height (per application)                $633.50

 

The tree/s with a Tree Preservation and Protection Bond are listed in the table below.

 

Tree Species

Location of Tree / Tree No.

Tree Preservation and Protection Bond

Angophora floribunda

Council street tree /T13

$633.50

Corymbia gummifera

Council street tree /T14

$633.50

Eucalyptus pilularis

Council street tree /T15

$633.50

Total

 

$1900.50

 

General Fees

 

The 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.

 

Development Contributions

 

A Section 7.12 contribution has been levied on the subject development pursuant to the Georges River Council Section 94A Contributions Plan.

 

Timing of Payment

The contribution must be paid and receipted by Council prior to the release of the Construction Certificate.

 

Further Information

A copy of the all current Development Contributions Plans may be inspected or a copy purchased at Council’s offices (Georges River Civic Centre, MacMahon Street, Hurstville and Kogarah Library and Service Centre, Kogarah Town Square, Belgrave Street, Kogarah) or viewed on Council’s website www.georgesriver.nsw.gov.au.

 

8.         CC9.13 - Low reflectivity roof - Roofing materials must be low glare and reflectivity. Details of finished external materials including colours and texture must be provided to the Certifying Authority.

 

9.         CC9.32 - Erosion & Sedimentation Control - Erosion and sediment controls must be provided to ensure:

 

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

 

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

 

(c) All clean water runoff 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 prior to the commencement of work (including demolition and excavation) and must remain until works are completed and all exposed surfaces are landscaped/sealed.

 

10.       CC9.33 - Pre-Construction Dilapidation Report - Private Land - A professional engineer specialising in structural or geotechnical engineering shall prepare a Pre-Construction Dilapidation Report detailing the current structural condition of adjoining premises including but not limited to:

 

(a) All neighbouring buildings likely to be affected by the excavation as determined by the consulting engineer.

 

The report shall be prepared at the expense of the applicant and submitted to the satisfaction of the Certifying Authority prior to the issue of the Construction Certificate.

 

A copy of the pre-construction dilapidation report is to be provided to the adjoining properties (subject of the dilapidation report), a minimum of 5 working days prior to the commencement of work. Evidence confirming that a copy of the pre-construction dilapidation report was delivered to the adjoining properties must be provided to the PCA.

 

Should the owners of properties (or their agents) refuse access to carry out inspections, after being given reasonable written notice, this shall be reported to Council to obtain Council’s agreement to complete the report without access. Reasonable notice is a request for access in no sooner than 14 days between 8.00am-6.00pm.

 

11.       CC9.34 - Stormwater System - The submitted stormwater plan has been assessed as a concept plan only. Final detailed plans of the drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.

 

(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: 2015 (as amended).

 

The stormwater concept plans must be updated to ensure they are consistent with the approved architectural drawings. The design of this proposed drainage system must be prepared by a professional engineer who specialises in hydraulic engineering and be submitted for approval with the Construction Certificate application.

 

12.       CC9.4 - Damage Deposit - Minor Works - In order to insure against damage to Council property the following is required:

 

(a) Pay Council, before the issue of the Construction Certificate, 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) Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee to enable assessment of any damage and repairs where required: $150.00

 

(c) Submit to Council, before 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.

 

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.

 

13.       CC9.48 - Structural details - Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns and 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.

 

14.       CC9.54 - Geotechnical report - Geotechnical Reports: The applicant must submit a Geotechnical Report, prepared by a professional engineer specialising in geotechnical engineering who holds the relevant Certificate of accreditation as required under the Building Professionals Act 2005 in relation to dilapidation reports, all site works and construction.  This is to be submitted before the issue of the Construction Certificate and is to include:

 

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

 

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

 

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

 

(d) Measures to minimise vibration damage and loss of support to other buildings. Where possible any excavation into rock is to be carried out with tools such as rock saws which reduce vibration to adjoining buildings and associated structures. Where a hydraulic hammer is to be used within 30 metres of any building (other than a path or a fence) the report shall detail the maximum size of hammer to be used and provide all reasonable recommendations to manage impacts.

 

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

 

15.       CC9.6 - Site Management Plan - A Site Management Plan detailing all weather access control points, sedimentation controls, fencing, builder’s site sheds office, amenities, materials storage and unloading arrangements must be submitted with the application for the Construction Certificate.

 

16.       CC9.61 - Traffic Management - Compliance with AS2890 - All driveways, access ramps, vehicular crossings and car parking spaces shall be designed and constructed in accordance with the current version of Australian Standards, AS 2890.1 (for car parking facilities) and AS 2890.2 (for commercial vehicle facilities).

 

17.       CC9.78 - 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 Certifying Authority prior to the issue of any Construction Certificate.

 

18.       CC9.86 - Compliance with submitted Arborist Report - The recommendations outlined in the Arborist’s Report titled ARBORICULTURAL IMPACT ASSESSMENT (Report Reference: AIA - GAA (L22) 02/18) prepared by N.S.W TREE SERVICES P/L send to Council on 1 March 2018 must be implemented throughout the relevant stages of construction. Details of tree protection measures to be implemented must be detailed and lodged with the Construction Certificate application for approval and shall be in accordance with Section 4 - Australian Standard AS 4970-2009: Protection of trees on development sites.

 

The tree/s to be protected are listed in the table below:

 

Tree Species

Location of Tree / Tree No.

Tree Protection Zone (metres)

Thuja placate 

Rear of property /T01

2.16m

Jacaranda mimosifolia

Rear of property /T02

5.4m

Jacaranda mimosifolia

Rear of property /T03

2.64m

Eucalyptus pilularis

Rear of property /T04

7.2m

Eucalyptus pilularis

Rear of property /T05

8.16m

Angophora floribunda

Council street tree /T13

2.4m

Corymbia gummifera

Council street tree /T14

3.12m

Eucalyptus pilularis

Council street tree /T15

7.44m

Eucalyptus haemastoma

Front of property /T16

4.2m

 

19.       CC9.84 - Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans. The landscaping shall be maintained in accordance with the approved plans in perpetuity.

 

20.       CC9.89 - Tree Removal & Replacement - Tree removal - Permission is granted for the removal of the following trees:

 

Tree species

Number of trees

Location

Eucalyptus pilularis

T06

Front of property

Eucalyptus pilularis

T07

Front of property

Pittosporum sp

T08

Front of property

Eucalyptus pilularis

T09

Front of property

Citharexylum spinosum

T10

Front of property

Eucalyptus pilularis

T11

Front of property

Eucalyptus pilularis

T12

Front of property

Cupressus sempervirens

T17

Front of property

Eucalyptus punctata

T18

Front of property

Eucalyptus pilularis

T19

Front of property

Eucalyptus pilularis

T20

Front of property

Jacaranda mimosifolia

T21

Front of property

Jacaranda mimosifolia

T22

Front of property

Eucalyptus punctata

T23

Front of property

Jacaranda mimosifolia

T24

Front of property

 

General Tree Removal Requirements

 

(a) All tree removal shall be carried out by a certified Tree Surgeon/Arborist to ensure that removal is undertaken in a safe manner and complies with the AS 4373-2007 - Pruning of Amenity Trees and Tree Works Industry Code of Practice (Work Cover NSW 1.8.98).

 

(b) No trees are to be removed on the site or neighbouring properties without the prior written approval of Council.

 

Tree Replacement

 

The following replacement trees are to be incorporated into the landscape plan and planted prior to the issue of an Occupation Certificate. All replacement trees must be replanted a minimum of 3m away from any driveway, building or structure.

 

Replacement Tree Species

Number of trees

Location

Pot Size

Eucalyptus pilularis

3

Front or rear of property

25Lt

Citharexylum spinosum

1

Front or rear of property

25Lt

Eucalyptus punctata

2

Front or rear of property

25Lt

 

 

A copy of the Hurstville City Council’s Tree Removal and Pruning Guidelines and Kogarah City Council, Street Tree Management Strategy and Masterplan, can be downloaded from Council’s website www.georgesriver.nsw.gov.au.

 

Submit written certification to Council from a person holding a minimum Certificate III in Aboriculture or a Certificate III in Horticulture at 12 months and 24 months from the date of the Occupation Certificate to verifying that at the replacement trees are in good health and vigour.

 

Maintain the replacement trees to a mature growth, until at least one of the replacement trees reaches a minimum height of 3.5 metres or a branch spread of 3 metres in diameter.

 

21.       CC9.9 - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 832114S must be implemented on the plans lodged with the application for the Construction Certificate.

 

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

 

22.       PREC10.13 - Asset Protection Zones - At the commencement of building works, and in perpetuity, the entire property shall be managed as an Inner Protection Area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

 

23.       PREC10.18 - Water and Utilities -Water, electricity and gas are to comply with the requirements of section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

 

24.       PREC10.1 - Demolition & Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2001 - Demolition of Structures, NSW Work Health & Safety Act 2011 and the NSW Work Health & Safety Regulation 2011.  The work plans required by AS2601:2001 shall be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement shall be submitted to the PCA prior to the commencement of works.

 

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

 

All demolition work including the removal of asbestos, shall be undertaken in accordance with the Demolition Code of Practice (NSW Work Cover July 2015)

 

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

 

25.       PREC10.10 - Dial before your dig - The applicant shall contact “Dial Before You Dig on 1100” to obtain a Service Diagram prior to the issuing of the Construction Certificate.  The sequence number obtained from “Dial Before You Dig” shall be forwarded to Council’s Engineers for their records.

 

26.       PREC10.2 - Demolition Notification Requirements - The following notification requirements apply to this consent:

 

(a) The developer /builder must notify adjoining residents five (5) working days prior to demolition.  Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority. Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

 

(b) Five (5) working days prior to demolition, the developer/builder is to provide written notification to Council advising of the demolition date, details of the SafeWork licensed asbestos demolisher and the list of residents advised of the demolition.

 

(c) On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.

 

27.       PREC10.3 - Demolition work involving asbestos removal - Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under clause 458 of the Work Health and Safety Regulation 2011.

 

28.       PREC10.14 - Registered Surveyors Report - During Development Work - A report must be submitted to the PCA at each of the following applicable stages of construction:

 

(a) Set out before commencing excavation.

 

(b) Floor slabs or foundation wall, before formwork or commencing brickwork.

 

(c) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.

 

(d) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.  In multi-storey buildings a further survey must be provided at each subsequent storey.

 

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

 

(f) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans.  A final Check Survey must indicate the reduced level of the main ridge.

 

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

 

29.       PREC10.15 - Utility Arrangements - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the applicant’s expense.

 

DURING WORK

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

 

30.       CON11.11 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 in.

 

31.       CON11.12 - Cost of work to be borne by the applicant - The applicant shall bear the cost of all works associated with the construction of the development that occurs on Council property.  Care must be taken to protect Council's roads, including the made footway, kerbs, etc., and, where plant and vehicles enter the site, the footway shall be protected against damage by deep-sectioned timber members laid crosswise, held together by hoop iron straps and chamfered at their ends.  This construction shall be maintained in a state of good repair and condition throughout the course of construction.

 

32.       CON11.18 - Design and Construction - The Northern, Eastern and Western elevations including the roof shall comply with Sections 3 and 9 (BAL FZ) of Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas - 2014’ as appropriate. Except for window frames, there shall be no flaming and no exposed timber.

 

The Southern elevation shall comply with Sections 3 and 8 (BAL 40) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas - 2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

 

33.       CON11.20 – Landscaping - Landscaping to the site is to comply with the principles of Appendix 5 of “Planning for Bush Fire Protection 2006”.

 

34.       CON11.1 - Site sign - Soil & Erosion Control Measures - Prior to the commencement of works (including demolition and excavation), a durable site sign, issued by Council in conjunction with this consent, must be erected in a prominent location on site. The site sign warns of the penalties which apply to pollution, storing materials on road or footpath and breaches of the conditions relating to erosion and sediment controls. The sign must remain in a prominent location on site up until the completion of all site and building works.

 

35.       CON11.13 - 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 1993 and/or under Section 68 of the Local Government Act 1993.  Penalty infringement Notices may be issued for any offences and severe penalties apply.

 

36.       CON11.2 - Hours of construction for demolition and building work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity is permitted on Sundays, or Public Holidays.

 

Note: A penalty infringement notice may be issued for any offence.

 

37.       CON11.23 - Tree Removal on Private Land - The trees identified as ‘to be removed’ on the approved plans or by conditions of this consent shall be removed in accordance with AS4373 -2007 and the Amenity Tree Industry Code of Practice (SafeWork NSW, August 1998).

 

38.       CON11.24 - Excavation works near tree to be retained - Excavation around the tree/s to be retained on site or the adjoining properties shall be supervised by the Project Arborist to ensure that the root system will not be adversely affected.

 

Where the Tree Protection Zone of trees on site or adjoining sites become compromised by any excavation works, the Project Arborist shall be consulted to establish the position of any major roots and determine the necessary measures to protect these roots. The recommendations of the Arborist shall be submitted to Council prior to any further demolition or construction works taking place.

 

39.       CON11.21 - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. No vegetation, article, building material, waste or the like shall be ignited or burnt.

 

Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the PCA and Council, where Council is not the Principal Certifying Authority.

 

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.

 

40.       OCC12.26 - Requirements prior to the issue of the Occupation Certificate - The following shall be completed and or submitted to the 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.

 

41.       OCC12.4 - BASIX Certificate - All energy efficiency measures as detailed in the approved BASIX Certificate in the plans approved with the Development Consent, must be implemented before issue of any Occupation Certificate.

 

42.       OCC12.5 - BASIX Compliance Certificate - A Compliance Certificate must be provided to the PCA regarding the implementation of all energy efficiency measures as detailed in the approved BASIX Certificate before any Occupation Certificate is issued.

 

43.       OCC12.9 - Driveways and parking spaces - Minor Development - Internal driveways and parking spaces are to be adequately paved with concrete or bitumen, or interlocking pavers to provide a dust-free surface.

 

44.       OCC12.6 - Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

 

ONGOING CONDITIONS

These conditions have been imposed to ensure that the use or operation of the development does not adversely impact on the amenity of the neighbourhood or environment.

 

45.       ONG14.12 – Noise Control The use of the premises must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1998 (as amended).

 

46.       ONG14.5 - Maintenance of Landscaping - All trees and plants forming part of the landscaping must be maintained.  Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilizing, pest and disease control, replacement of dead or dying plants and any other operations required to maintain healthy trees, plants and turfed areas.

 

ADVICE

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

 

47.       ADV17.19 - Noise - Noise related conditions - Council will generally enforce noise related conditions in accordance with the Noise Guide for Local Government (http://www.environment.nsw.gov.au/noise/nglg.htm) and the Industrial Noise Guidelines (http://www.environment.nsw.gov.au/noise/industrial.htm) publish by the Department of Environment and Conservation. Other state government authorities also regulate the Protection of the Environment Operations Act 1997.

 

Useful links relating to Noise:

 

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

 

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

 

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

 

(d) Australian Acoustical Society - professional society of noise-related professionals (www.acoustics.asn.au/index.php <http://www.acoustics.asn.au/index.php>).

 

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

 

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

 

48.       ADV17.3 - Disability Discrimination Act - This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979.  No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant is responsible to ensure compliance with this and other anti-discrimination legislation.  The Disability Discrimination Act 1992 covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which refers to AS1428.1-Design for Access and Mobility. 

 

49.       ADV17.13 - Site Safety Fencing - Site fencing must be erected in accordance with SafeWork Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

 

A demolition licence and/or a high risk work license may be required from SafeWork NSW (see www.SafeWork.nsw.gov.au).

 

50.       ADV17.2 - Long Service Levy - The Long Service Corporation administers a scheme which provides a portable long service benefit for eligible workers in the building and construction industry in NSW. All benefits and requirements are determined by the Building and Construction Industry Long Service Payments Act 1986. More information about the scheme and the levy amount you are required to pay to satisfy a condition of your consent can be found at http://www.longservice.nsw.gov.au.

 

The required Long Service Levy payment can be direct to the Long Service Corporation via their web site https://online.longservice.nsw.gov.au/bci/levy.  Payments can only be processed on-line for the full levy owing and where the value of work is between $25,000 and $6,000,000. Payments will be accepted for amounts up to $21,000, using either MasterCard or Visa.

 

51.       ADV17.5 - Security deposit administration & compliance fee - Under Section 97 (5) of the Local Government Act 1993, a security deposit (or part) if repaid to the person who provided it is to be repaid with any interest accrued on the deposit (or part) as a consequence of its investment.

 

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

 

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

 

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

 

52.       ADV17.6 - Stormwater & Ancillary Works - Applications under Section 138 Roads Act and/or Section 68 Local Government Act 1993 - To apply for approval under Section 138 of the Roads Act 1993:

 

(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. 2012/DA****) and reference this condition number (e.g. Condition 23)

 

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

 

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 specifications prior to the issue of an Occupation Certificate.

 

The developer must meet all costs of the extension, relocation or reconstruction of any part of Council’s drainage system (including design drawings and easements) required to carry out the approved development.

 

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

 

NOTE: A minimum of four weeks should be allowed for assessment.

 

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.

 

53.       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.

 

54.       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.

 

55.       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.

 

56.       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.

 

57.       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.

 

58.       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.

 

59.       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.

 

60.       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.

 

61.       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.

 

62.       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.

 

63.       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.

 

64.       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.

 

If you need more information, please contact the Senior Development Assessment Officer, below on 9330-6400 during normal office hours.

 

 

 

ATTACHMENTS

Attachment 1

Site Plan - Lot 22 23 Bay Rd Oatley

Attachment 2

North and South Elevations - Lot 22 23 Bay Rd Oatley

Attachment 3

West and East  Elevations - Lot 22 23 Bay Rd Oatley

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 19 April 2018

LPP007-18              Lot 22, 23 Bay Road Oatley

[Appendix 1]           Site Plan - Lot 22 23 Bay Rd Oatley

 

 

Page 98

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 19 April 2018

LPP007-18              Lot 22, 23 Bay Road Oatley

[Appendix 2]           North and South Elevations - Lot 22 23 Bay Rd Oatley

 

 

Page 99

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 19 April 2018

LPP007-18              Lot 22, 23 Bay Road Oatley

[Appendix 3]           West and East  Elevations - Lot 22 23 Bay Rd Oatley

 

 

Page 100

 


Georges River Council – Local Planning Panel   Thursday, 19 April 2018

Page 101

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 19 April 2018

 

LPP Report No

LPP008-18

Development Application No

DA2017/0198

Site Address & Ward Locality

Lot 23, 23 Bay Road Oatley

Peakhurst Ward

Proposed Development

Demolition of existing dwelling and construction of two-three storey dwelling

Owners

Valerie Orton

Applicant

Mustapha Moussa

Planner/Architect

 Ghazi Al Ali Architects

Date Of Lodgement

30/06/2017

Submissions

Original proposal - 30, amended proposal - 5

Cost of Works

$749,157.00

Local Planning Panel Criteria

Number of submissions received

List of all relevant s.4.15 matters (formerly s79C(1)(a))

Greater Metropoltian Regional Environmental Plan No 2 - Georges River Catchment

State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

Hurstville Local Environmental Plan 2012, Hurstville Development Control Plan No 1 - LGA Wide

List all documents submitted with this report for the Panel’s consideration

 Architectural plans

 Arborist report

 

 

Report prepared by

Senior Development Assessment Planner

 

 

Recommendation

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

 

 

 

Summary of matters for consideration under Section 4.15

Have all recommendations in relation to relevant s4.15 matters been summarised in the Executive Summary of the assessment report?

 

Yes 

Legislative clauses requiring consent authority satisfaction

Have relevant clauses in all applicable environmental planning instruments where the consent authority must be satisfied about a particular matter been listed, and relevant recommendations summarised, in the Executive Summary of the assessment report?

 

Yes

Clause 4.6 Exceptions to development standards

If a written request for a contravention to a development standard (clause 4.6 of the LEP) has been received, has it been attached to the assessment report?

 

Not Applicable

Special Infrastructure Contributions

Does the DA require Special Infrastructure Contributions conditions (under s7.24)?

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No, standard conditions have been attached with no design changes

 

Site Plan

 

EXECUTIVE SUMMARY

1.         This report concerns an application seeking development consent for the demolition of the existing dwelling and construction of new two-three storey dwelling. 

 

During the assessment of the proposed development the application was amended by the applicant so as to retain the Council street trees at the front of the site as well as a tree inside in the front boundary alignment and two trees adjacent to the rear boundary.

 

The proposed development generally complies with the planning controls and objectives within Hurstville Local Environmental Plan 2012 and Hurstville Development Control Plan No.1.

 

In view of the above, the application is recommended for approval subject to conditions included in the report.

 

DESCRIPTION OF THE PROPOSAL

2.         This report concerns an application seeking development consent for the demolition of the existing dwelling and construction of new two-three storey dwelling. The existing dwelling on the site is constructed over two (2) allotments.  

 

The proposed development was amended during the assessment of the application. A further description of the proposed amended development is summarised as follows:

 

Tree Retention & Removal

The proposed development seeks to remove a total of five (5) trees from the site.

 

A total of seven (7) trees are proposed for retention. These trees include those growing on the Council verge at the front of the site, one (1) tree within the site adjacent to the front boundary and two (2) trees at the rear of the allotment.

 

Street Level Plan

·    New excavated car parking area accommodating two vehicles, storage and bathroom facilities; and

·    Access to the proposed car parking areas is facilitated by a Right of Way across the adjoining allotment to the east which is known as Lot 22, 23 Bay Road Oatley.

 

Ground Floor Plan

·    Ground floor plan accommodating a living room, kitchen, dining, front balcony at the northern end of the dwelling and an internal courtyard at the southern end of the dwelling.

 

First Floor Plan

·    First floor plan incorporating three bedrooms, bathrooms and front balcony at the northern end of the dwelling.

 

Level 02 Plan

·    Second floor plan incorporating a bedroom, lounge room, large outdoor balcony at the northern end of the dwelling and stairs which facilitate access to the backyard within the rear setback area.

 

There is a concurrent development application for a new dwelling on lot 22, 23 Bay Road, Oatley.

 

HISTORY

3.

30 Jun 17                   The subject development application DA2017/0198 was submitted to Council.

 

30 Aug to 13 Sep 17 The application was placed on neighbour notification in accordance with the requirements of Hurstville Development Control Plan. A total of 30 submissions were received. 

 

10 Oct 17                   Following a preliminary assessment of the application a letter was sent to the applicant stating that the extent of tree removal proposed is unacceptable and cannot be supported by Council.

 

30 Nov 17                  Following discussions with the applicant regarding the amended plan submission, Council advised the applicant that any submission must be accompanied by an updated Bushfire assessment report and arborist report.

 

21 Dec 17                  The applicant submitted amended architectural drawings. These plans are relied upon for assessment within this report. 

 

7 Feb 18                    The applicant submitted an updated Bushfire assessment report

 

1 Mar 18                     The applicant submitted an updated arborist report.

 

12-26 Mar 18             The amended proposal was re-notified. A total of 5 submissions were received.

 

DESCRIPTION OF THE SITE AND LOCALITY

4.         The subject site is Lot 23 Section 10 DP 3230 and is commonly known at 23 Bay Road, Oatley. The site is a rectangular shaped allotment having a frontage to Bay Road of 12.19m and an overall site area of 490.5sqm. The site has a cross fall from the rear boundary towards the front boundary of approximately 6m. The site is densely vegetated. There are a number of large trees growing throughout the site as well as at the front of the outside on the Council verge outside the property boundary. There is an existing single storey cottage at the rear of the lot which straddles both Lot 22 and Lot 23.

 

The site is identified as being Bushfire Prone Land. To the north, on the opposite side of Bay Road is Lime Klin Bay Reserve. Adjoining the site to the east is also 23 Bay Road, known as Lot 22. That site is the subject of a separate development application. Further to the west are residential dwellings. 

 

ZONING

5.         The subject site is zoned R2 – Low Density Residential in accordance with Hurstville Local Environmental Plan 2012. Refer to zoning map extract below.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 1: Zoning map extract

 

APPLICABLE PLANNING CONTROLS

6.     

·   Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

·   State Environmental Planning Policy No 55 - Remediation of Land

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

·   Hurstville Local Environmental Plan 2012

·   Hurstville Development Control Plan No.1

 

PLANNING ASSESSMENT

7.         The site has been inspected and the proposed development has been assessed under the relevant Section 4.15(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979. 

 

Environmental Planning Instruments

 

Hurstville Local Environmental Plan 2012 (HLEP 2012) 

8.         The extent to which the proposal complies with the relevant standards of HLEP 2012 is outlined in the table below.

 

Clause

Standard

Proposed

Complies

Part 2 – Permitted or Prohibited Development

R2 Low Density Residential

The proposal is defined as a dwelling house. Dwelling houses are permissible in the zone.

Yes

 

Objectives of the Zone

The proposal achieves the objectives of the zone

Yes

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

7.34m maximum

Yes

4.4 – Floor Space Ratio

0.6:1 as identified on Floor Space Ratio Map

0.43:1

Yes

6.1 – Acid sulfate soils

Works within 500m of adjacent Class 1, 2, 3 or 4 land that is below 5m Australian Height Datum and by which the watertable is likely to be lowered below 1m Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.

The site is located within 500m of adjacent class 2 and 5 land. However, the extent of excavation proposed dictates that an acid sulfate soils assessment or management plan is not necessary.

Yes

6.5 – Gross floor areas of dwellings in residential zones

Site Area ≤ 630

Applicable FSR is 0.55 or 269.5msq²

Proposed FSR is 0.43:1 or 211sqm

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

Essential services are available to the development

Suitable vehicular access is available to the site which relies upon a Right of Way over the adjoining site to the east at Lot 22, 23 Bay Road, Oatley.

 

 

 

 

Yes

 

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

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

 

State Environmental Planning Policy No 55 - Remediation of Land

9.         The subject site is zoned residential and has a history of residential uses as a dwelling house. As such it is considered unlikely that the land is contaminated.

 

Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

 

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

10.       A BASIX certificate has been submitted with the application. A condition has been included in the recommendation of this report requiring compliance with the commitments indicated in the BASIX Certificate.

 

Draft Environmental Planning Instruments

11.       No Draft Environmental Planning instruments affect the proposed development.

 

Any other matters prescribed by the Regulations

12.       The Regulations prescribe the following matters for consideration for development in the Georges River Council area:

 

Demolition

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

 

Planning for Bushfire Protection 2006

In support of this proposal, a bushfire risk assessment has been submitted in compliance with the ‘Planning for Bush Fire Protection 2006’.  The amended proposal was referred to the NSW Rural Fire Service who raised no objections to the development subject to bushfire conditions of consent.

 

Development Control Plans

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.4 DWELLING HOUSES ON STANDARD LOTS

13.       The proposal has been assessed against the requirements of Section 4.4 of Council’s Development Control Plan No 1 – LGA Wide as shown below. The non-compliant aspects of the proposal are discussed at the end of the table.

 

Section 4.4

Design solution

Proposed

Complies

PC1

Neighbourhood Character

Development is sited and designed to respect existing neighbourhood and streetscape character.

Appropriate

Yes

PC2

Building Height

Maximum building height is in accordance with the LEP.

 

 

 

Maximum ceiling height is 7.2m above the existing ground level vertically below that point.

 

Maximum height to the top of the parapet is 7.8m above the existing ground level vertically below that point.

 

For steep or sloping sites, the building is sited and designed to be staggered or stepped into the natural slope of the land.

The proposed development complies with the building height development standard within the LEP.

 

The maximum ceiling height is within the 7.2m maximum.

 

 

 

The maximum parapet height is approximately 7.34m and therefore does not comply.

 

 

The design of the development has been stepped down the site to reflect the natural topographic features of the site as much as practically possible.

Yes

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

Yes

 

PC3

Setbacks

Front Setback

Minimum setback from the primary street boundary is:

4.5m to the main building face

5.5m to the front wall of the garage

OR

Within 20% of the average setback of dwellings on adjoining lots

 

Side Setbacks

900mm (ground floor)

1.2m (first floor)

 

Rear Setback

6m

 

Minimum 9m to main building face

9m to front wall of the garage

 

 

 

Minimum 1.76m (east – all levels)

1.7m to 2m (west)

 

 

10.2m

 

Yes

 

 

 

 

 

Yes

 

 

 

 

Yes

PC4

Facades

The dwelling house has a front door or window to a habitable room facing the primary street frontage.

 

The dwelling house incorporates design elements.

 

 

 

 

 

Garage doors are not wider than 6m.

 

Windows to habitable rooms and balconies are proposed along the primary street frontage.

 

The design of the development incorporated front balconies and a range of varying materials to provide a high level of design and architectural quality.

 

The proposed development includes a double width garage door which is acceptable.

Yes

 

 

 

 

Yes

 

 

 

 

 

Yes

 

PC5

Views

Development is sited and designed to facilitate view sharing

The proposed development does not result in any adverse view loss impacts

Yes

PC6

Solar access

 

Development allows for at least 3 hours of sunlight on the windows of main living areas and adjoining principal private open space of adjacent dwellings between 9.00am and 3.00pm on 21 June

Complies

Yes

PC7

Visual privacy

Windows of proposed dwelling must be offset from neighbouring windows by 1m, especially windows of high-use rooms.

 

Windows for primary living rooms must be designed so that they maintain privacy of adjoining site’s principal private open space.

Complies

 

 

 

 

 

Complies

Yes

 

 

 

 

 

Yes

 

PC8

Noise

Noise generators such as plant and machinery including air conditioning units and pool pumps are located away from windows or other openings of habitable rooms and are screened to reduce noise or acoustically enclosed.

Standard conditions have been imposed concerning noise

Yes

PC9

Vehicle access, parking and manoeuvring

Min. 2 spaces for 3 bedrooms or more

 

Enclosed or roofed car accommodation, including garages and carports, are located at least 1m behind the main setback.

 

Driveway gradients must be constructed in accordance with Australian Standard 2890.1(2004).

2 spaces provided

 

 

The proposed garage is not located 1m behind the main setback and therefore does not achieve this requirement.

 

 

The design appears to be capable of complying. Standard conditions of consent have been imposed.

Yes

 

 

No

 

 

 

 

 

Yes

PC10

Landscaped Areas (min. width 2m)

 

 

Private Open Space

20% of the Site Area (98sqm in this case)

 

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

 

Principal Private Open Space Min. dimension of 4m minimum area of 30sqm and directly accessible from a main living area

42%

 

 

29sqm is provided which complies.

 

Compliant parcel of P.O.S is provided at the rear but is not accessible from a lounge but this is no the main living area.

Yes

 

 

Yes

 

 

No

PC12

Basements

Basements do not protrude more than 1m above existing ground level at any point.

 

Only one driveway access is permitted.

 

 

Internal Floor to Ceiling min. 2.1m, max. 2.4m

 

 

 

 

 

> 1.5m excavation requires Geotechnical Report

Complies

 

 

 

Access is relied upon from the adjoining allotment to the east.

 

Approximately 2.8m proposed. However, this reduces the extent of excavation required for the ground floor level is therefore acceptable.

 

The extent of excavation exceeds 1.5m. Conditions requiring a Geotechnical report have been included.

Yes

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

Yes –subject to conditions

 

PC14

Balconies & Terraces

Direct access from a  habitable room (at same floor level)

 

Overlooking impacts can be minimized with the use of privacy screens between 1.5m-1.8m high. 

 

Terraces must not be visible from the street

Complies

 

 

 

Privacy screens not required on the front façade.

 

 

 

Proposed terraces would be visible from the street to some extent, however this provides a more modulated building adding architectural merit and takes advantage of the outlook available from the subject site.

Yes

 

 

 

Yes

 

 

 

 

No but acceptable on merit

 

 

Discussion of DCP Non-Compliances

 

Vehicle access, parking and manoeuvring

14.       Control DS9.3 states that garages must be located at least 1m behind the main setback. The proposed development does not achieve this requirement because the garage sits on the same front alignment as the ground floor plan immediately above. This outcome is acceptable in the specific circumstances of this site for the following reasons:

 

·    The car parking facilities do not unduly dominate the streetscape, noting the significant street trees at the front of the site which are proposed to be retained which would provide some screening of the built form;

·    Shifting the garage further rearward into the site would necessitate to additional excavation works; and

·    The design outcome proposed includes a small awning over the garage level which provides some architectural modulation/articulation. 

 

Private Open Space

15.       The design of the private open space is otherwise compliant with the DCP controls, save for the provision which states that the P.O.S must be directly accessible from a main living area. The design of the development provides access to the rear yard off a lounge room, however that room is not considered to be the main internal living area. A fully compliant design is not suited to this site because it would dictate that the main internal living area is south facing which does not capture the maximum amount of amenity available. The proposal incorporates north facing outdoor areas which are an acceptable design response. 

 

Other Comments

16.       Vehicular and pedestrian access is attained across the front of the adjoining allotment – Lot 22. A condition of consent has been incorporated into the recommendation to ensure that the appropriate easements are created. The timing of this condition is recommended to be before the issue of a construction certificate to ensure that lawful access to the site is created before any building work occurs. 

 

IMPACTS

 

Natural Environment

17.       The site is currently densely vegetated with large trees and other natural features. It is however noted that the site is zoned R2 – Low Density Residential and has applicable FSR and height development standards that anticipated future re-development of the lot.

 

The original proposal submitted to Council sought to remove every tree from the allotment as well as the trees growing on the public verge (except for one) at the front of the site. This outcome was not supported by Council. The applicant was requested to retain as many trees as possible whilst enabling a reasonable building footprint to be established so as to allow a new dwelling to be constructed. Refer to proposed footprint diagram below.

 

 

The amended scheme retains the following trees which are considered to be significant species and contribute to the ecological significance of the site and the general amenity of the area.

 

Tree Species

Location of Tree / Tree No.

Cupressus sempervirens

Rear of property /T25

Cupressus sempervirens

Rear of property /T26

Eucalyptus pilularis

Front of property /T32

Eucalyptus pilularis

Council street tree /T33

Eucalyptus pilularis

Council street tree /T34

Angophora sp

Council street tree /T35

Eucalyptus pilularis

Council street tree /T36

 

NOTE: DA2017/0197 also retains the remainder of the other existing street trees at the front of the site.

 

A diagram of the trees proposed to be removed/retained is shown below.

 

 

 

 

 

 

 

 

 

 

 

 

It is acknowledged that a total of five (5) trees are supported for removal. These trees are generally within a reasonable building footprint for the site, noting that re-development of the site is to be expected given the zoning and applicable height and FSR development standards. 

 

The amended application and arborist report has been reviewed by Council’s Tree Management Officer who supports the proposed development subject to various conditions, including the requirement of five (5) replacement trees to be planted on site.

 

The outcomes proposed in respect of the natural environment are considered to provide a reasonable balance between the retention of significant trees on the site whilst facilitating a building footprint to construct a new dwelling.

 

Further to the above, it is noted that there is an existing rock outcrop at the front of the site on the council verge. The original scheme presented to Council sought to remove that rock outcrop which was not supported. The amended plans have altered the design so as to ensure that this important natural feature is protected and retained as is.

 

Built Environment

18.       The proposed development would not result in any adverse impacts upon the built environment for reasons discussed throughout this report. 

 

Social & Economic Impact

19.       The proposed development would not result in any adverse social and/or economic impacts within the locality.

 

Suitability of the Site

20.       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.

 

SUBMISSIONS AND THE PUBLIC INTEREST

 

Original Proposal

21.       The original proposal was notified to adjoining neighbours for a period of 14 days during which time a total of 30 submissions were received. These submissions came from properties that were directly notified by Council as well as numerous other nearby properties within the locality.

 

The submissions raised the following issues.

 

·    Extent of tree removal is unacceptable

·    Loss of neighbourhood character

·    Impacts on flora and fauna

·    Ecological impacts

·    Inadequate information submitted with the application

·    Arborist report is inadequate 

 

Comment: As discussed in the main body of the report, the application has been amended at the request of Council Officers to retain all of the existing street trees as well as a number of trees within the site itself. Conditions of consent have been imposed requiring replacement trees to be planted. The ecological outcomes proposed are considered to be a satisfactory balance between retaining the existing, significant trees whilst enable a reasonable re-development of the site.

 

There was sufficient information submitted with the application to enable a thorough assessment, noting than an amended arborist report accompanied the amended plan submission.

 

The application has been reviewed by Council’s Arborist who supports the amended proposal, subject to various conditions which have been incorporated into the recommended conditions of consent.

 

The following additional concerns were raised and are addressed as follows.

 

Foreshore scenic protection area

22.       The site is within the foreshore scenic protection area

 

Comment: The site is located just outside the foreshore scenic protection area in accordance with clause 6.4 of the LEP. The relevant map extract demonstrating this is re-produced below:

 

 

Excessive excavation

23.

Comment: The extent of excavation proposed in the amended plans has been reduced from the original plan submission. Nevertheless, the works still do involve extensive excavation works which are reasonable in view of the slope of the site. 

 

Bulk and scale

24.       Excessive bulk and scale when viewed from the street

 

Comment: The proposed development is compliant with the planning controls which govern the bulk and scale of buildings (ie – building height, floor space ratio, setbacks and façade design).

 

Geotechnical impacts

25.       Geotechnical impacts of the development

 

Comment: Council’s standard conditions requiring a geotechnical report prepared by a professional engineer specialising in geotechnical engineering have been incorporated into the recommended conditions.

 

Dilapidation report

26.       Independent dilapidation reports should be undertaken

 

Comment: The requirement for the preparation of dilapidation reports has been included within the recommended conditions of consent.

 

 

Amended Proposal

27.       The amended proposal was notified to adjoining neighbours as well as all previous submitters for a period of 14 days during which time a total of 5 submissions were received. The following concerns were raised:

 

·    Extent of tree removal is unacceptable

·    Loss of neighbourhood character

·    Impacts on flora and fauna

·    Ecological impacts

·    Geotechnical impacts

 

The concerns raised above have been previously addressed within this report.

 

REFERRALS

 

Council Referrals

 

Tree Management Officer

28.       The amended proposal is supported by Council’s Tree Management Officer subject to the tree retention and replacement conditions that have been incorporated into the recommendation.

 

Stormwater Engineer

29.       The application was referred to Council’s Stormwater Engineer who raised no objection to the proposed development subject to conditions that have been incorporated into the recommendation.

 

External Referrals

 

Rural Fire Service

30.       The application was referred to the Rural Fire Service (RFS) in accordance with the requirements within Part 4.14 of the Environmental Planning and Assessment Act 1979. The RFS raised no concerns to the proposed development subject to the imposition of conditions. Those conditions have been incorporated into the recommendation.

 

CONCLUSION

31.       This report concerns an application seeking development consent for the demolition of the existing dwelling and construction of new two-three storey dwelling. 

 

During the assessment of the development the application was amended by the applicant so as to retain the Council street trees at the front of the site as well as some of the trees within the site itself. The proposed development generally complies with the planning controls and objectives within Hurstville Local Environmental Plan 2012 and Hurstville Development Control Plan No.1.

 

In view of the above, the application is recommended for approval subject to conditions included in the report.

 

DETERMINATION AND STATEMENT OF REASONS

 

Statement of Reasons

 

1.   The proposed development provides housing within a low density residential environment in accordance with the applicable zone objectives.

2.   The proposed development, subject to the recommended conditions, is consistent with the objectives of the applicable environmental planning instruments, being SEPP 55 – Remediation of Land, SEPP (BASIX) 2004, and Hurstville Local Environmental Plan 2012.

3.   The proposed development is consistent with the objectives of the applicable development control plan, being Hurstville DCP No.1.

4.   The proposed development is considered to be of an appropriate scale and form for the site and the character of the locality.

5.   On balance, the proposed tree removal is acceptable in that it is required to facilitate a reasonable building footprint so the site can be re-development in accordance with the applicable planning controls. 

6.   In consideration of the aforementioned reasons, the proposed development is a suitable response to the site and its approval is in the public interest. 

 

THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application DA2017/0198 for demolition of the existing dwelling and construction of new two-three storey dwelling at Lot 23 Section 10 DP 3230 and known as Lot 23, 23 Bay Road, Oatley be approved subject to the following conditions:

 

Schedule A – Site Specific Conditions

 

GENERAL CONDITIONS

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

 

1.         DEV6.1 – 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:

 

Description

Reference No.

Date

Revision

Prepared by

Demolition Plan

A1110

20/12/17

B

Ghazi Al Ali Architects

Street Level

A1201

20/12/17

B

Ghazi Al Ali Architects

Ground & Level 01

A1202

20/12/17

B

Ghazi Al Ali Architects

Level 02 & Roof

A1203

20/12/17

B

Ghazi Al Ali Architects

Elevations

A1301

20/12/17

B

Ghazi Al Ali Architects

Elevations

A1302

20/12/17

B

Ghazi Al Ali Architects

Sections

A1401

20/12/17

B

Ghazi Al Ali Architects

Material Schedule

A2201

20/12/17

B

Ghazi Al Ali Architects

Material Schedule

A2202

20/12/17

B

Ghazi Al Ali Architects

Landscape Plans

LPDA 17 – 355/1

LPDA 17 – 355/2

LPDA 1/ - 355/3

27/3/18

D

Conzept

 

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.

 

2.         APR7.2 - Section 138 Roads Act 1993 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.

 

Separate approval is required 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) listed below.

 

An application is required to be lodged and approved prior to the commencement of any of the following works or activities;

 

(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 (eg Opening the road for the purpose of connections to utility providers);

 

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

 

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

 

(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 Council’s website www.georgesriver.nsw.gov.au. For further information, please contact Council’s Customer Service Centre on (02) 9330 6400.

 

3.         APR7.5 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the RMS, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

 

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

These conditions have been imposed by other NSW Government agencies either through their role as referral bodies, concurrence authorities or by issuing General Terms of Approval under the Integrated provisions of the Environmental Planning and Assessment Act 1979.

 

4.         GOV8.12 - Sydney Water - Tap in TM - The approved plans must be submitted to a Sydney Water Tap in TM to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  The approved plans will be appropriately endorsed.  For details please refer to ‘Plumbing, building and developing’ section of Sydney Water’s web site at www.sydneywater.com.au then see ‘Building’, or telephone 13000 TAP IN (1300 082 746).  The Certifying Authority must ensure that a Tap in TM agent has appropriately stamped the plans prior to the issue of the Construction Certificate.

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

These conditions either require modification to the development proposal or further investigation/information prior to the issue of the Construction Certificate to ensure that there is no adverse impact.

 

5.         CC – Easement and Right of Way - An easement to drain water 1m wide and a Right of Way minimum 3.5m wide burdening Lot 22 in favour of Lot 23 shall be created and registered with LPI NSW.

 

Written documents and evidence of the creation of the registered easement and Right of Way shall be submitted to Council before the issue of a Construction Certificate.

 

6.         CC – Easement for Services – An easement for services minimum 1m wide burdening Lot 22 in favour of Lot 23 shall be created and registered with LPI NSW.

 

Written documents and evidence of the creation of the registered easement and Right of Way shall be submitted to Council before the issue of a Construction Certificate.

 

7.         CC -  Amended Stormwater Plan – An amended detailed stormwater plan showing an inter allotment drainage easement burdening Lot 22 in favour of Lot 23 in order to drain Lot 23 via gravity to the street shall be submitted to Council before the issue of a Construction Certificate. 

 

8.         CC9.10 - Section 4.14 Bushfire Risk Assessment Certificate - All bushfire measures as recommended in the Bushfire Risk Assessment Report No.171096B, prepared by Building Code & Bushfire Hazard Solutions Pty Limited and dated 7 February 2018, and in the Bushfire Risk Assessment Certificate approved by Building Code & Bushfire Hazard Solutions (Certification No. BPAD9400), must be implemented and the details of bushfire safety measures must be submitted with the Construction Certificate application.

 

9.         CC9.11 - Bushfire Attack Level - The proposed development is to fully comply with all requirements applicable to a Bush Fire Attack Level (BAL) of FZ. With regard to the construction requirements both Addendum: Appendix 3 Planning for Bush Fire Protection 2010, and AS3959 -2009 Construction of Buildings in Bush Fire prone areas shall be referenced. Full details of proposed method of compliance are to be submitted with the Construction Certificate application.

 

10.       CC9.1 - Fees to be paid - The fees listed in the table below must be paid in accordance with the conditions of this consent and Council’s adopted Fees and Charges applicable at the time of payment (available at www.georgesriver.nsw.gov.au).

 

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).

 

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 summary of the fees to be paid are listed below:

 

Fee Type

Fee

GENERAL FEES

Long Service Levy (to Long Service Corporation) Or, provide evidence of Payment direct to the Long Service Corporation.  See https://portal.longservice.nsw.gov.au/bci/levy/

Builders Damage Deposit

$1,900.00

Inspection Fee for Refund of Damage Deposit

$150.00

DEVELOPMENT CONTRIBUTIONS

Georges River Council Section 94A Development Contributions Plan 2017

$7491.57

 

            A Tree Preservation and Protection Bond shall be implemented as per Georges River Councils Assets & Infrastructure Tree Management 1.11.

 

·     Minimum Fee per tree > 5 metres in height (per application)                   $633.50

 

The tree/s with a Tree Preservation and Protection Bond are listed in the table below.

 

Tree Species

Location of Tree / Tree No.

Tree Preservation and Protection Bond

Eucalyptus pilularis

Council street tree /T33

$633.50

Eucalyptus pilularis

Council street tree /T34

$633.50

Angophora sp

Council street tree /T35

$633.50

Eucalyptus pilularis

Council street tree /T36

$633.50

Total

 

$2,534.00

 

General Fees

 

The 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.

 

Development Contributions

 

A Section 7.12 contribution has been levied on the subject development pursuant to the Georges River Council Section 94A Contributions Plan.

 

Timing of Payment

The contribution must be paid and receipted by Council prior to the release of the Construction Certificate.

 

Further Information

A copy of the all current Development Contributions Plans may be inspected or a copy purchased at Council’s offices (Georges River Civic Centre, MacMahon Street, Hurstville and Kogarah Library and Service Centre, Kogarah Town Square, Belgrave Street, Kogarah) or viewed on Council’s website www.georgesriver.nsw.gov.au.

 

11.       CC9.13 - Low reflectivity roof - Roofing materials must be low glare and reflectivity. Details of finished external materials including colours and texture must be provided to the Certifying Authority.

 

12.       CC9.32 - Erosion & Sedimentation Control - Erosion and sediment controls must be provided to ensure:

 

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

 

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

 

(c) All clean water runoff 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 prior to the commencement of work (including demolition and excavation) and must remain until works are completed and all exposed surfaces are landscaped/sealed.

 

13.       CC9.33 - Pre-Construction Dilapidation Report - Private Land - A professional engineer specialising in structural or geotechnical engineering shall prepare a Pre-Construction Dilapidation Report detailing the current structural condition of adjoining premises including but not limited to:

 

(a) All neighbouring buildings likely to be affected by the excavation as determined by the consulting engineer.

 

The report shall be prepared at the expense of the applicant and submitted to the satisfaction of the Certifying Authority prior to the issue of the Construction Certificate.

 

A copy of the pre-construction dilapidation report is to be provided to the adjoining properties (subject of the dilapidation report), a minimum of 5 working days prior to the commencement of work. Evidence confirming that a copy of the pre-construction dilapidation report was delivered to the adjoining properties must be provided to the PCA.

 

Should the owners of properties (or their agents) refuse access to carry out inspections, after being given reasonable written notice, this shall be reported to Council to obtain Council’s agreement to complete the report without access. Reasonable notice is a request for access in no sooner than 14 days between 8.00am-6.00pm.

 

14.       CC9.4 - Damage Deposit - Minor Works - In order to insure against damage to Council property the following is required:

 

(a) Pay Council, before the issue of the Construction Certificate, 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) Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee to enable assessment of any damage and repairs where required: $150.00

 

(c) Submit to Council, before 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.

 

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.

 

15.       CC9.48 - Structural details - Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns and 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.

 

16.       CC9.54 - Geotechnical report - Geotechnical Reports: The applicant must submit a Geotechnical Report, prepared by a professional engineer specialising in geotechnical engineering who holds the relevant Certificate of accreditation as required under the Building Professionals Act 2005 in relation to dilapidation reports, all site works and construction.  This is to be submitted before the issue of the Construction Certificate and is to include:

 

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

 

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

 

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

 

(d) Measures to minimise vibration damage and loss of support to other buildings. Where possible any excavation into rock is to be carried out with tools such as rock saws which reduce vibration to adjoining buildings and associated structures. Where a hydraulic hammer is to be used within 30 metres of any building (other than a path or a fence) the report shall detail the maximum size of hammer to be used and provide all reasonable recommendations to manage impacts.

 

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

 

17.       CC9.6 - Site Management Plan - A Site Management Plan detailing all weather access control points, sedimentation controls, fencing, builder’s site sheds office, amenities, materials storage and unloading arrangements must be submitted with the application for the Construction Certificate.

 

18.       CC9.61 - Traffic Management - Compliance with AS2890 - All driveways, access ramps, vehicular crossings and car parking spaces shall be designed and constructed in accordance with the current version of Australian Standards, AS 2890.1 (for car parking facilities) and AS 2890.2 (for commercial vehicle facilities).

 

19.       CC9.78 - 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 Certifying Authority prior to the issue of any Construction Certificate.

 

20.       CC9.86 - Compliance with submitted Arborist Report - The recommendations outlined in the Arborist’s Report titled Arboricultural Impact Assessment (Report Reference: AIA - GAA (L22) 02/18) prepared by NSW Tree Services Pty Ltd sent to Council on 1 March 2018 must be implemented throughout the relevant stages of construction. Details of tree protection measures to be implemented must be detailed and lodged with the Construction Certificate application for approval and shall be in accordance with Section 4 - Australian Standard AS 4970-2009: Protection of trees on development sites.

 

The tree/s to be protected are listed in the table below.

 

Tree Species

Location of Tree / Tree No.

Tree Protection Zone (metres)

Cupressus sempervirens

Rear of property /T25

6.6m

Cupressus sempervirens

Rear of property /T26

3.6m

Eucalyptus pilularis

Front of property /T32

2.4m

Eucalyptus pilularis

Council street tree /T33

2.4m

Eucalyptus pilularis

Council street tree /T34

7.8m

Angophora sp

Council street tree /T35

2.0m

Eucalyptus pilularis

Council street tree /T36

7.44m

 

 

21.       CC9.84 - Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans. The landscaping shall be maintained in accordance with the approved plans in perpetuity.

 

22.       CC9.89 - Tree Removal & Replacement - Tree removal - Permission is granted for the removal of the following trees:

 

Tree species

Number of trees

Location

Eucalyptus pilularis

T27

Front of property

Eucalyptus pilularis

T28

Front of property

Jacaranda mimosifolia

T29

Within the site

Eucalyptus pilularis

T30

Front of property

Eucalyptus pilularis

T31

Front of property

 

General Tree Removal Requirements

 

(a) All tree removal shall be carried out by a certified Tree Surgeon/Arborist to ensure that removal is undertaken in a safe manner and complies with the AS 4373-2007 - Pruning of Amenity Trees and Tree Works Industry Code of Practice (Work Cover NSW 1.8.98).

 

(b) No trees are to be removed on the site or neighbouring properties without the prior written approval of Council.

 

Tree Replacement

 

The following replacement trees are to be incorporated into the landscape plan and planted prior to the issue of an Occupation Certificate or Subdivision Certificate (whichever is first). All replacement trees must be replanted a minimum of 3m away from any driveway, building or structure.

 

Replacement Tree Species

Number of trees

Location

Pot Size

Eucalyptus pilularis

3

Front or rear of property

25Lt

Citharexylum

spinosum

1

Front or rear of property

25Lt

Eucalyptus punctata

1

Front or rear of property

25Lt

 

A copy of the Hurstville City Council’s Tree Removal and Pruning Guidelines and Kogarah City Council, Street Tree Management Strategy and Masterplan, can be downloaded from Council’s website www.georgesriver.nsw.gov.au.

 

Submit written certification to Council from a person holding a minimum Certificate III in Aboriculture or a Certificate III in Horticulture at 12 months and 24 months from the date of the Occupation Certificate to verifying that at the replacement trees are in good health and vigour.

 

Maintain the replacement trees to a mature growth, until at least one (1) of the replacement trees reaches a minimum height of 3.5m or a branch spread of 3m in diameter.

 

23.       CC9.9 - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 832120S must be implemented on the plans lodged with the application for the Construction Certificate.

 

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

 

24.       PREC10.13 - Asset Protection Zones - At the commencement of building works, and in perpetuity, the entire property shall be managed as an Inner Protection Area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

 

25.       PREC10.18 - Water and Utilities - Water, electricity and gas are to comply with the requirements of section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

 

26.       PREC10.1 - Demolition & Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2001 - Demolition of Structures, NSW Work Health & Safety Act 2011 and the NSW Work Health & Safety Regulation 2011.  The work plans required by AS2601:2001 shall be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement shall be submitted to the PCA prior to the commencement of works.

 

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

 

All demolition work including the removal of asbestos, shall be undertaken in accordance with the Demolition Code of Practice (NSW Work Cover July 2015)

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

 

27.       PREC10.10 - Dial before your dig - The applicant shall contact “Dial Before You Dig on 1100” to obtain a Service Diagram prior to the issuing of the Construction Certificate.  The sequence number obtained from “Dial Before You Dig” shall be forwarded to Council’s Engineers for their records.

 

28.       PREC10.2 - Demolition Notification Requirements - The following notification requirements apply to this consent:

 

(a) The developer /builder must notify adjoining residents five (5) working days prior to demolition.  Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority. Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

 

(b) Five (5) working days prior to demolition, the developer/builder is to provide written notification to Council advising of the demolition date, details of the SafeWork licensed asbestos demolisher and the list of residents advised of the demolition.

 

(c) On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.

 

29.       PREC10.3 - Demolition work involving asbestos removal - Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under clause 458 of the Work Health and Safety Regulation 2011.

 

30.       PREC10.14 - Registered Surveyors Report - During Development Work - A report must be submitted to the PCA at each of the following applicable stages of construction:

 

(a) Set out before commencing excavation.

 

(b) Floor slabs or foundation wall, before formwork or commencing brickwork.

 

(c) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.

 

(d) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.  In multi-storey buildings a further survey must be provided at each subsequent storey.

 

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

 

(f) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans.  A final Check Survey must indicate the reduced level of the main ridge.

 

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

 

31.       PREC10.15 - Utility Arrangements - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the applicant’s expense.

 

DURING WORK

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

 

32.       CON – Rock Outcrop - The rock outcrop at the front of the site outside the property boundary must be preserved and retained at all times.

 

33.       CON11.11 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 in.

 

34.       CON11.12 - Cost of work to be borne by the applicant - The applicant shall bear the cost of all works associated with the construction of the development that occurs on Council property.  Care must be taken to protect Council's roads, including the made footway, kerbs, etc., and, where plant and vehicles enter the site, the footway shall be protected against damage by deep-sectioned timber members laid crosswise, held together by hoop iron straps and chamfered at their ends.  This construction shall be maintained in a state of good repair and condition throughout the course of construction.

 

35.       CON11.18 - Design and Construction - The Northern, Eastern and Western elevations including the roof shall comply with Sections 3 and 9 (BAL FZ) of Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas - 2014’ as appropriate. Except for window frames, there shall be no flaming and no exposed timber.

 

The Southern elevation shall comply with Sections 3 and 8 (BAL 40) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas - 2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

 

36.       CON11.20 - Landscaping - Landscaping to the site is to comply with the principles of Appendix 5 of “Planning for Bush Fire Protection 2006”.

 

37.       CON11.1 - Site sign - Soil & Erosion Control Measures - Prior to the commencement of works (including demolition and excavation), a durable site sign, issued by Council in conjunction with this consent, must be erected in a prominent location on site. The site sign warns of the penalties which apply to pollution, storing materials on road or footpath and breaches of the conditions relating to erosion and sediment controls. The sign must remain in a prominent location on site up until the completion of all site and building works.

 

38.       CON11.13 - 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 1993 and/or under Section 68 of the Local Government Act 1993.  Penalty infringement Notices may be issued for any offences and severe penalties apply.

 

39.       CON11.2 - Hours of construction for demolition and building work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity is permitted on Sundays, or Public Holidays.

 

Note: A penalty infringement notice may be issued for any offence.

 

40.       CON11.23 - Tree Removal on Private Land - The trees identified as ‘to be removed’ on the approved plans or by conditions of this consent shall be removed in accordance with AS4373 -2007 and the Amenity Tree Industry Code of Practice (SafeWork NSW, August 1998).

 

41.       CON11.24 - Excavation works near tree to be retained - Excavation around the tree/s to be retained on site or the adjoining properties shall be supervised by the Project Arborist to ensure that the root system will not be adversely affected.

 

Where the Tree Protection Zone of trees on site or adjoining sites become compromised by any excavation works, the Project Arborist shall be consulted to establish the position of any major roots and determine the necessary measures to protect these roots. The recommendations of the Arborist shall be submitted to Council prior to any further demolition or construction works taking place.

 

42.       CON11.21 - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. No vegetation, article, building material, waste or the like shall be ignited or burnt.

 

Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the PCA and Council, where Council is not the Principal Certifying Authority.

 

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.

 

43.       OCC12.26 - Requirements prior to the issue of the Occupation Certificate - The following shall be completed and or submitted to the 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.

 

44.       OCC12.4 - BASIX Certificate - All energy efficiency measures as detailed in the approved BASIX Certificate in the plans approved with the Development Consent, must be implemented before issue of any Occupation Certificate.

 

45.       OCC12.5 - BASIX Compliance Certificate - A Compliance Certificate must be provided to the PCA regarding the implementation of all energy efficiency measures as detailed in the approved BASIX Certificate before any Occupation Certificate is issued.

 

46.       OCC12.9 - Driveways and parking spaces - Minor Development - Internal driveways and parking spaces are to be adequately paved with concrete or bitumen, or interlocking pavers to provide a dust-free surface.

 

47.       OCC12.6 - Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

 

ONGOING CONDITIONS

These conditions have been imposed to ensure that the use or operation of the development does not adversely impact on the amenity of the neighbourhood or environment.

 

48.       ONG14.12 – Noise Control The use of the premises must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1998 (as amended).

 

49.       ONG14.5 - Maintenance of Landscaping - All trees and plants forming part of the landscaping must be maintained.  Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilizing, pest and disease control, replacement of dead or dying plants and any other operations required to maintain healthy trees, plants and turfed areas.

 

ADVICE

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

 

50.       ADV17.19 - Noise - Noise related conditions - Council will generally enforce noise related conditions in accordance with the Noise Guide for Local Government (http://www.environment.nsw.gov.au/noise/nglg.htm) and the Industrial Noise Guidelines (http://www.environment.nsw.gov.au/noise/industrial.htm) publish by the Department of Environment and Conservation. Other state government authorities also regulate the Protection of the Environment Operations Act 1997.

 

Useful links relating to Noise:

 

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

 

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

 

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

 

(d) Australian Acoustical Society - professional society of noise-related professionals (www.acoustics.asn.au/index.php <http://www.acoustics.asn.au/index.php>).

 

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

 

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

 

51.       ADV17.3 - Disability Discrimination Act - This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979.  No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant is responsible to ensure compliance with this and other anti-discrimination legislation.  The Disability Discrimination Act 1992 covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which refers to AS1428.1-Design for Access and Mobility. 

 

52.       ADV17.13 - Site Safety Fencing - Site fencing must be erected in accordance with SafeWork Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

 

A demolition licence and/or a high risk work license may be required from SafeWork NSW (see www.SafeWork.nsw.gov.au).

 

53.       ADV17.2 - Long Service Levy - The Long Service Corporation administers a scheme which provides a portable long service benefit for eligible workers in the building and construction industry in NSW. All benefits and requirements are determined by the Building and Construction Industry Long Service Payments Act 1986. More information about the scheme and the levy amount you are required to pay to satisfy a condition of your consent can be found at http://www.longservice.nsw.gov.au.

 

The required Long Service Levy payment can be direct to the Long Service Corporation via their web site https://online.longservice.nsw.gov.au/bci/levy.  Payments can only be processed on-line for the full levy owing and where the value of work is between $25,000 and $6,000,000. Payments will be accepted for amounts up to $21,000, using either MasterCard or Visa.

 

54.       ADV17.5 - Security deposit administration & compliance fee - Under Section 97 (5) of the Local Government Act 1993, a security deposit (or part) if repaid to the person who provided it is to be repaid with any interest accrued on the deposit (or part) as a consequence of its investment.

 

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

 

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

 

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

 

55.       ADV17.6 - Stormwater & Ancillary Works - Applications under Section 138 Roads Act and/or Section 68 Local Government Act 1993 - To apply for approval under Section 138 of the Roads Act 1993:

 

(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. 2012/DA) and reference this condition number (e.g. Condition 23)

 

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

 

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 specifications prior to the issue of an Occupation Certificate.

 

The developer must meet all costs of the extension, relocation or reconstruction of any part of Council’s drainage system (including design drawings and easements) required to carry out the approved development.

 

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

 

NOTE: A minimum of four weeks should be allowed for assessment.

 

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.

 

56.       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.

 

57.       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.

 

58.       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.

 

59.       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.

 

60.       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.

 

61.       OPER1001 - Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued by the consent autho