AGENDA - LPP

Meeting:

Georges River Local Planning Panel (LPP)

Date:

Monday, 03 December 2018

Time:

4.00pm

Venue:

Georges River Civic Theatre, corner MacMahon and Dora Streets, Hurstville

Panel Members:

Adam Seton (Chairperson)

Michael Leavey (Expert Panel Member)

John Brockhoff (Expert Panel Member)

Erin Sellers (Community Representative)

Council Staff:

Meryl Bishop (Director Environment and Planning)

Ryan Cole (Manager Development and Building)

Nicole Askew (Coordinator Development Assessment)

Monica Wernej (Admin Assistant)

 

  

1. On Site Inspections - 1.00pm – 3.30pm

a)    367 Princes Highway Carlton

b)    37 Woronora Parade Oatley

c)    65-67 Lawrence Street Peakhurst

d)    345 Belmore Road Riverwood

 

 

 

 

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   Monday, 3 December  2018

Page 2

 

 

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

 

LPP054-18        37 Woronora Parade Oatley – DA2018/0293

(Report by Development Assessment Planner)

LPP055-18        65-67 Lawrence Street Peakhurst – DA2016/0224

(Report by Senior Development Assessment Planner)

LPP056-18        367 Princes Highway Carlton – MOD2018/0096

(Report by Development Assessment Planner)

LPP057-18        345 Belmore Road Riverwood – DA2016/0343

(Report by Senior Development Assessment Planner)

 

 

 

 

4. Confirmation of Minutes

 


 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Monday, 03 December 2018

 

LPP Report No

LPP054-18

Development Application No

DA2018/0293

Site Address & Ward Locality

37 Woronora Parade Oatley

Mortdale Ward

Proposed Development

Proposed Torrens Title subdivision of one (1) lot into two (2) lots, partial demolition of a Heritage listed residential dwelling (Heritage Item No. 188), demolition of outbuilding and infilling of an inground swimming pool

Owners

G Vella

Applicant

G Vella

Planner/Architect

Ludvik and Associates Pty Ltd

Date Of Lodgement

18/07/2018

Submissions

Five (5) submissions

Cost of Works

$6050.00

Local Planning Panel Criteria

Development involving the demolition of a Heritage Item

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,

Hurstville Local Environmental Plan 2012, Hurstville Development Control Plan

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

Architectural Plan

Heritage Impact Statement

 

 

Report prepared by

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?

 

Yes – the applicant has reviewed the conditions

No, standard conditions have been attached with no design changes

 

Site Plan

Subject site outlined in red

 

Executive Summary

Proposal

1.         Council is in receipt of a Development Application (DA2018/293) seeking consent for proposed Torrens title subdivision of one (1) lot into two (2) lots, partial demolition of a Heritage listed residential dwelling (Heritage Item No. 188), demolition of outbuildings and infilling of an inground swimming pool at 37 Woronora Parade Oatley.

 

Site and Locality

2.         The subject site is a rectangular shaped allotment located on the eastern side of Woronora Parade between Acacia Street to the north and Wonoona Parade West to the south. The allotment is regular in shape, with a 20.115m frontage to Woronora Parade with 50.345m side boundaries and a rear dimension of 20.115m having a total site area of 1,012sqm.

 

Proposed Site Plan and Subdivision Plan – 37 Woronora Parade, Oatley

 

An existing single storey cottage is located to the front half of the site and is listed and identified under Schedule 5 (Environmental Heritage) of the Hurstville Local Environmental Plan 2012 (HLEP) as a brick and fibro cottage labelled ‘Federation House’ and known as Item Number 188 of the HLEP 2012.

 

Photo of the dwelling from the Statement of Heritage Impact

 

Zoning and Permissibility

3.         The subject site is zoned R2 – Low Density Residential under the provisions of the Hurstville Local Environmental Plan 2012 (HLEP, 2012). Under Clause 4.1 of the HLEP, 2012 the minimum lot size for subdivision 450sqm, which is permitted with consent in the Zone, the proposed subdivision is permissible as the allotment has a site area of 1,012sqm.

 

Lot A - 458.4sqm; and

Lot B - 554.2sqm (450.1sqm excluding the access handle which is 104.1sqm).

 

In addition, Clause 3A of the HLEP, 2012 states “if a lot is a battle-axe lot or other lot with an access handle, the area of the access handle and any right of carriageway is not to be included in calculating the lot size”.

 

 

Figure 2: Zoning Map – R2 - subject allotment outlined in red – 37 Woronora Parade, Oatley

 

Submissions

4.         The proposed development was notified to the immediate surrounding residents from the 10 August 2018 to the 24 August 2018. During the notification period a total of five (5) submissions were received by Council, objecting to the proposed development.

 

Conclusion

5.         The proposed development complies with the planning controls and objectives of the Hurstville Local Environmental Plan 2012. The proposed development does not seek any variations to the provisions of the Hurstville Local Environmental Plan (2012) and the Hurstville Development Control (HDCP).

 

Council’s Heritage Officer has reviewed the application and raises no concerns to the proposal from a Heritage perspective.

 

In view of the above, the application is recommended for approval following a merit based assessment subject to the conditions contained in this report.

 

Report in Full

Proposal

6.         Council is in receipt of a Development Application (DA2018/293) seeking consent for the Torrens title subdivision of one (1) lot into two (2) lots, partial demolition of a Heritage listed residential dwelling (Heritage Item No. 188), demolition of outbuildings and infilling of an inground swimming pool. The proposed works specifically include the following:

 

Demolition

·   Infilling of an inground swimming pool;

·   Demolition of pump shed;

·   Demolition of a clad garage and fibro shed; and

·   Partial demolition of the existing fibro extension of the cottage.

 

Existing House (Heritage Item)

·   Partial demolition of existing fibro extension; and

·   Proposed amendments to the internal layout of the existing dwelling following the removal of rear addition, the floor plate at the rear will be reworked to accommodate a kitchen, laundry, bathroom and WC. The rear elevation will be bricked up and a rear opening provided to be consistent with the finishes of the dwelling.

 

Subdivision

·   The existing brick and fibro cottage (Heritage Item) will be retained on Proposed Lot A.

·   Proposed Lot B will have the benefit of the access handle. Given the Heritage nature of the site the applicant was required to demonstrate to Council’s Heritage Consultant that a compliant and sympathetic dwelling house be accommodate on the rear lot, together with undercover parking and the ability to add an attic extension to the existing dwelling to future proof the development potential of the dwelling. The applicant provided this detail, which has been reviewed and supported by the Heritage Consultant. These works are not sought as part of this application.

 

Site and Locality

7.         The subject site is legally identified as Lot 15, Section 8, in Deposited Plan 2297, which is commonly known as 37 Woronora Parade, Oatley. The allotment is rectangular in shape, and 1,012sqm in size. The slope of the allotment has a natural fall from the rear to the front, with a slope of 0.84m.

 

In addition, the site currently accommodates a single storey Heritage listed dwelling, as stipulated under Schedule 5 (Environmental Heritage) of the HLEP (2012), the brick and fibro cottage is identified as a Heritage Item labelled ‘Federation House’ and is classified as Item Number 188 of the HLEP, 2012.

 

The allotment is surrounded by residential uses containing a mix of one (1) and two (2) storey developments, multi dwelling developments and battle-axe subdivision allotments, as illustrated in Figure 3 below.

 

 

Figure 3: Subject site is outlined in red, other Heritage Items are identified in colour.

 

Background

8.         The subject development application (DA2018/0293) was lodged on 18 July, 2018. During the assessment of the application the applicant was asked by Council’s Heritage Consultant to demonstrate the subdivision can be effected without any adverse impacts on the Heritage significance of the Heritage listed dwelling.

 

The applicant provided an indicative plan of a compliant dwelling which could be accommodated on the newly created lot.

 

In addition the applicant was requested to provide details of a potential carport location for the Heritage dwelling and how additions could be undertaken including accommodation of an attic to future proof floor space for the dwelling.

 

These plans were provided to Council and reviewed by Council’s Heritage Consultant. The indicative works are considered to be appropriate, the application is considered acceptable from a heritage perspective.

 

PLANNING ASSESSMENT

9.         The site has been inspected and the proposed development has been assessed under the relevant Section 4.15(1) “Evaluation” of the Environmental Planning and Assessment Act 1979.

 

Environmental Planning Instruments

 

State Environmental Planning Policies

 

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment (Deemed SEPP)

10.       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.

 

State Environmental Planning Policy No 55 – Remediation of Land

11.       Council records indicate that the subject site has been historically used for residential purposes and is unlikely to be contaminated.  The site adjoins residential uses therefore contamination from adjoining uses is also unlikely.

 

Draft Environmental Planning Instruments

12.       The Draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018. This consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property. Changes proposed include consolidating the following seven existing SEPPs:

 

·    State Environmental Planning Policy No. 19 – Bushland in Urban Areas;

·    State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011;

·    State Environmental Planning Policy No. 50 – Canal Estate Development;

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

·    Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2-1997);

·    Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005;

·    Willandra Lakes Regional Environmental Plan No. 1 – World Heritage Property;

 

The proposal is not inconsistent with the provisions of this Draft Instrument.

 

Local Environmental Plan

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

 

Applicable LEP Clause

Standards

Proposal

Complies

4.1 Minimum Subdivision Lot Size

Lot Size Map (Indicates – 450sqm)

Lot A - 458.4sqm

 

Lot B - 450.1sqm

 

(Excludes Access Handle 104.1sqm)

 

Total allotment size: 1012.6sqm

Yes

 

Yes

4.3 Height of Buildings

9m

Lot A – The Heritage Item has an existing height of 5.69m. 

 

Lot B – No building works are proposed.

Yes

 

 

 

N/A

4.4 Floor Space Ratio

 

 

 

 

 

 

0.6:1

 

 

Lot A – Heritage Item proposes a FSR of 0.31:1.

 

Lot B – No development proposed, only an indicative plan to demonstrate a compliant development form can be accommodated.  

Yes

 

 

N/A

5.9-5.9AA Preservation of Trees

 

 

 

 

The application was referred to Council’s Tree Officer, in which the application is considered satisfactory, subject to conditions.

Yes

6.5 Gross floor area of dwellings in residential zones

The maximum gross floor area for development that is a dwelling house on land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential with a site area within the specified range in Column 1 of the Table to this clause must not exceed the maximum gross floor area shown opposite that site area in Column 2 of that Table.

 

Column 1

Column 2

≤ 630sqm

Site area × 0.55

The permissible FSR control for the allotment is 0.6:1.

 

The application proposes a FSR of 0.31:1 on Lot A.

 

In addition, Lot B does not propose any building work that contributes towards the Floor Space Ratio provisions. However an indicative plan showing a compliant building form has been provided, but will not form part of this determination.

Yes

 

Development Control Plans

 

Hurstville Development Control Plan No 1 - LGA Wide (DCP)

14.       The proposed development is subject to the provisions of the Hurstville Development Control Plan - Section 3.2 - of the Plan, relates to the subdivision of land.

 

The purpose of Section 3.2 is to achieve the following objectives:

·   To enable the orderly subdivision of land, ensuring that a range of development types are achievable;

·   To ensure the creation of new allotments are compatible with the surrounding subdivision pattern as reflected in lot size, orientation and shape;

·   To minimise adverse impacts on adjoining land;

·   To ensure sufficient building and landscaped area is available on newly created allotments; and

·   To ensure adequate solar access and vehicular access is available to all allotments and that adequate provision is made for drainage and utility services.

 

The proposed subdivision is consistent with these objectives.

 

15.       The extent to which the proposal complies with the relevant standards of Hurstville Development Control Plan 2012 (HDCP 2012) is outlined in the tables below.

 

Table 1: Lot size and shape (Extract from Section 3.2 of DCP – Subdivision)

Location

Lot Size (Minimum)

R2 Low Density Residential

450sqm

 

Table 3: Battle-axe lots (Extract from Section 3.2 of DCP – Subdivision)

Location

Number of lots per access corridor (maximum)

Width of access handle (minimum)

Proposed Access Handle

R2 Low Density Residential

6 lots only permitted

3m, if handle services up to 2 lots

1 lot services and access handle is 4.101m in width – complies

 

Section

Design Solution

Proposal

Complies

DS1.1

Residential lots are to conform to Table 1 (above), which requires lots in the R2 Low Density Residential zone, outside Foreshore Scenic Protection Area to have an area of 450sqm

 

The land is not located in a Foreshore Scenic Protection Area and both lots are to have an area of 450sqm, exclusive of any access corridor.

 

Lot A – provides an area of 458.4sqm; and

 

Lot B – provides an area of 554.2sqm (with an access handle area of 104.1sqm) – therefore the lot size is 451.2sqm.

Yes

DS1.2

The area and width of proposed access handles is to be excluded in determining the area and width of lots

 

The area and width of the proposed access handle to Lot B has been excluded in determining the area and width of the proposed lots and complies with the minimum lot size under the LEP

Yes

DS1.6

New lots for dwelling houses are to have a minimum width of 15m for the entire lot

 

The application does not propose the construction of new dwelling on any allotment. However, the existing lot (Lot A) has a frontage of 16.1m and the proposed lot (Lot B) has a frontage of 4m for the access handle and a lot width of 20.115m

 

N/A

DS1.7

Requirements for irregular shaped lots

 

The lots are not irregular shaped lots. The application proposes a battle-axe shaped subdivision allotment, with rectangular development sites.

Yes

DS1.8

Battle-axe lots are to conform with Table 3, which restricts the maximum number of lots served by an access corridor to 6 lots and an access handle with a minimum width of 3m to serve up to 2 lots in the R2 Low Density Residential zone

The requirement for the proposed Lot B is 3m, as the allotment will service two (2) lots. The application proposed an access handle of 4.010m in width.

Yes

DS1.9

Easement widths are to comply with Table 4

 

The proposed subdivision does not involve the creation of any easements

Yes

DS1.11

Requirements for splay corners on corner lots

 

A splay exists where the access handle transitions into proposed Lot B

Yes

DS1.12

An indicative building envelope is required for new lots

 

The existing house on Lot A, proposes minimal demolition and is to be retained largely in its current form. The works have been supported by Councils Heritage Officer.

 

An indicative building plan was provided for Lot B demonstrating a compliant and sympathetic development can be accommodated on site.

Yes

Roads, Vehicular Access and Parking

DS2.3

Consent is to be obtained under the Roads Act 1993 for the opening of any public road

New or modified crossing and new openings for services in the kerb and gutter will require a Section 138 Approval.

Yes

DS2.4

Driveways and car parking are to be constructed in accordance with AS 2890.1 - 2004

The proposed access arrangements and turning bay are to be constructed in accordance with AS2890.1 – 2004

Yes

DS2.5

Driveways and car parking are to satisfy the requirements of Section 3.1.2.1 of HDCP1

The proposed driveway works, turning bay and car parking satisfies the requirements of Section 3.1.2.1 of HDCP1

Yes

DS2.6

Driveways on battle-axe lots are:

-to be capable of accommodating a variety of service vehicles, including fire engines;

to be provided from the carriageway to the building line;

-to show reciprocal rights of way and easements; and

-to comply with additional requirements where they are shared by 3 or more residential lots

The 4.01m wide driveway to Lot B meets the requirements of this control

Yes

DS3.1

Utilities & Services

The land is serviced by utilities which can be extended to service proposed Lot B

Yes

DS3.3

Adequate space for the storage of waste and recycling bins

Adequate space for the storage of waste and recycling bins is available for both lots

Yes

Drainage

DS4.1

All subdivisions are to be fully drained by an appropriately designed piped gravity system

All stormwater associated with the lots is to be piped to Woronora Parade using a piped gravity system.

Yes

 

Heritage Significance

16.       The existing dwelling house is identified as a “heritage item” of local significance in Part 1 of Schedule 5 in HLEP 2012. In addition, other heritage dwellings are currently located at 46 Woronora Parade and 30 and 34 Waratah Street Oatley.

 

The proposal involves:

 

·    Minor demolition of the fibro addition at the rear of the dwelling house on Proposed Lot A.

 

·    The demolition of an existing garage/shed located adjacent to the land’s northern side boundary being partially within Proposed Lot A and Proposed Lot B.

 

·    Infilling on an inground swimming pool in the rear yard within Proposed Lot B.

 

The applicant has submitted the following information addressing the significance and impact of the heritage item below, the statement indicates that:

 

“The existing dwelling house is a good representative example of a relatively modest Federation period detached dwelling constructed circa 1916 and its Federation period details, which are largely concentrated at the front of the building, include face brick facades with stone and rendered details, front projecting bay window, open verandah and associated details, pattern of openings in the front facade, timber framed windows and doors, main gabled and hipped roof form and chimney; the various elements that contribute to the house’s cultural significance and the development of the Oatley area are to be retained and will continue to be appreciated;

 

The existing street and verge character, front setbacks and garden settings which contribute to the existing streetscape pattern will be retained and the strong sense of the existing site boundaries and original site proportion will be discernible; the garage/shed and swimming pool on the land make no particular contribution to the significance of the site, the visual character of the building or its cultural significance and their removal will not have any impact on the cultural significance of the “heritage item”;

 

The proposal will have no adverse impact on “heritage items” in the vicinity of the site; The archaeological potential of the site is considered to be low and disturbed by the residential subdivision and development in the area; whilst some fencing is proposed and rear open space and curtilage of the “heritage item” will be reduced, its primary setbacks and curtilage will be retained and enhanced by the existing extended curtilage at the front of the site; the rear setback with private open space available to the existing house will be enhanced by an extended curtilage to the east by the setback of any future dwelling house that may be constructed on Lot B”.

 

Officer Comment: The application has been reviewed by Council’s Heritage Consultant who advised that the application when lodged had not demonstrated that the development could be effected without a significant impact on the Heritage Item.

 

In order of the applicant to demonstrate the proposal was acceptable from a heritage perspective the applicant was requested to provide details of an indicative compliant, recessive and sympathetic dwelling could be accommodate on Proposed Lot B, and that future alterations and addition could be undertaken to the Heritage dwelling in a manner that provides additional floor space without compromising the heritage significant of the dwelling.

 

The applicant provided the requested information which has been reviewed and considered acceptable by Council’s Heritage Consultant. It is noted that these plans do not form part of this proposal and were only provided to demonstrate the subdivision was acceptable.

 

IMPACTS

 

Natural Environment

17.       The proposal for subdivision and demolition of a portion of the heritage listed dwelling is not seeking the removal of any trees.

 

Built Environment

18.       The proposed development will not result in any adverse impacts upon the built environment given there is no construction work proposed with the exception of the façade works required to the eastern side of the heritage dwelling to facilitate the demolition of a rear portion of the heritage dwelling.

 

Social and Economic Impact

19.       The proposed development will not result in any adverse social and/or economic impacts of the locality subject to compliance the conditions of consent.

 

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 and relationship to adjoining developments.

 

SUBMISSIONS AND THE PUBLIC INTEREST

21.       The proposal was notified to ­­adjoining neighbours for a period of fourteen (14) days during which time five (5) submissions were received objecting to the proposal. The submissions raised the following issues.

 

Indicative Dwelling - Single Storey – Future Development

22.       Comment: The submission raises concerns about the nature of subdivision and the indicative plan circulated as part of the public notification.

 

The indicative plans showed a single story dwelling with an attic within the roof space. These plans were requested by Council’s Heritage Advisor to demonstrate that a compliant and sympathetic dwelling can be accommodated on Proposed Lot B.

 

The applicant has not sought to have this plans included as part of the determination of this application.

 

Given the site is an individually listed Heritage Item, all future development on Proposed Lot B will be required to be lodged with Council and the heritage impacts reviewed by Council’s Heritage Consultant.

 

Heritage

23.       Comment: The heritage significance of the existing house relates principally to its architectural style and the contribution it makes to the Woronora Parade streetscape. The proposed subdivision will not have any physical or visual effect on the heritage significance of the existing dwelling or its streetscape presentation. The heritage property at 37 Woronora Parade will have an increased curtilage at the rear and proposed carport moved beyond the building line in accordance with Council’s heritage advisor request.

 

In order for the impacts of development on Proposed Lot B to be adequately considered Council’s Heritage Consultant requested the applicant provide an indicative dwelling design to demonstrate a numerically compliant the sympathetic development form could be designed for the site that was visually recessive and not imposing upon the Heritage listed dwelling. These plans have not been formally lodged to be included as part of the determined plans.

 

Drainage

24.       Comment: The drainage drawings have been prepared and submitted with the application. The site falls to Woronora Street and new drainage line and pits are shown on the drainage plans. There will be no drainage impacts to adjoining properties, and the pit referenced in the submission will not be impacted by this development. The proposed application was considered acceptable by Council’s Development Engineer subject to the imposition of conditions.

 

Access Handle/Lot Size

25.       Comment: Non-compliance with HDCP 1 - Section 3.23 DS1.2 - The survey plan shows that the access handle is part of Proposed Lot B which nominated Proposed Lot B to have an area of 450.1sqm excluding the access handle.

 

The lot widths of Proposed Lot A and Proposed Lot B exceed 15m which is compliant.

 

Difference in Application – why was DA2018/0168 withdrawn

26.       Comment: DA2018/0168 was withdrawn as the application before Council was unable to be support from a Heritage perspective. The concerns raised as part of this application have been resolved as part of this application.

 

Council Referrals

 

Landscape Management Officer

27.       The proposal was reviewed by Council’s Landscape Management Officer to ascertain if the trees on the site that maybe impacted by future development were reviewed. Given this application does not contain any conditions relating to trees as the development is not proposing construction works, only the subdivision and demolition of a portion of the rear of the dwelling. 

 

Heritage Advisor  

28.       The proposal is supported by Heritage Advisor, and is satisfied with the plans which are the basis of this report.

 

Development Contributions

29.       The development is not subject to a Section 7.12 (former Section 94A Contribution) contribution as the proposed costs of works are registered with Council do not exceed $100,000.00. Under the provisions of the Georges River Council Section 94A Contributions Plan 2017. No contributions have been levied. The Contributions will be levied on the future application for the construction of development on Proposed Lot B.

 

CONCLUSION

30.       This application has been assessed having regard to the matters for consideration under Section 4.15 (1) and 4.55(1)(a) of the Environmental Planning and Assessment Act 1979, the provisions of the applicable SEPP’s, HLEP 2012 and HDCP 2013.

 

31.       Following a detailed assessment it is considered that on planning grounds DA2018/0293 is worthy of approval subject to conditions below.

 

DETERMINATION AND STATEMENT OF REASONS

 

32.       Statement of Reasons

·    The proposed development complies with the requirements of the relevant environmental planning instruments and development control plan.

·    The proposed development satisfies the Heritage criteria of the site and the subdivision patter does not adversely impact upon the heritage significance of the dwelling.

·    The proposed development is considered to be appropriate for the site and the character of the locality. Subject to the implementation of the recommended conditions, the development will have no unacceptable adverse impacts upon the natural or built environment.

·    In consideration of the aforementioned reasons, the proposed development is a suitable and planned use of the site and its approval is in the public interest.

 

33.       Determination

THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979 (as amended), the Council approves development consent to Development Application No. DA2018/0293 for the Torrens title subdivision of one (1) lot into two (2) lots, partial demolition of a heritage listed residential dwelling (Heritage Item No. 188), demolition of outbuildings and infilling of an inground swimming pool at Lot 15, Section 8, DP 2297, and known as 37 Woronora Parade, Oatley, subject to the conditions below.

 

Section A          Development Details

 

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

Plan of proposed subdivision

51637

18.07.18

1

S.J. Dixon Surveyors

Demolition Plan

5141-17

05/10/2018

E

Lyle Marshall & Partners Pty Ltd

 

Section B          Separate Approvals Required Under Other Legislation

 

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:

 

(i)      Placing or storing materials or equipment;

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

(iii)    Erecting a structure or carrying out work;

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

(v)     Pumping concrete from a public road;

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

(vii)   Constructing a vehicular crossing or footpath;

(viii)  Establishing a “works zone”;

(ix)    Digging up or disturbing the surface of a public road (eg Opening the road for the purpose of connections to utility providers);

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

(xi)    Stormwater and ancillary to public infrastructure on private land.

 

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 Certifier 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.         Road Opening Permit - A Road Opening Permit must be obtained from Council 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.

 

4.         Sydney Water – Tap in TM - The approved plans must be submitted to a Sydney Water Tap inTM 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 inTM agent has appropriately stamped the plans prior to the issue of the Construction Certificate.

 

5.         Notice of Requirements for a Section 73 Certificate

 

a)    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.

 

b)    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.

 

c)    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.

 

6.         Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be submitted to the Principal Certifier prior to the issue of the Occupation Certificate.

 

7.         Electricity Supply - An application is required to be made to Ausgrid for a network connection. This may require the network to be extended or its capacity augmented. Evidence of this application being lodged with Ausgrid is required to be provided to the Certifying Authority prior to the issue of a Construction Certificate. For further details, you are advised to contact Ausgrid on 13 13 65 or www.ausgrid.com.au (Business and Commercial Services).

 

Section C          Prior to the Issue of a Construction Certificate

 

8.         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).

 

A summary of the fees to be paid are listed below:

 

Fee Type

Fee

Subdivision Certificate

$436.00

 

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.

 

9.         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. 

 

10.       Service Utilities – Land Subdivision Only - Arrangements shall be made to the satisfaction of all Service Utility Authorities in respect to the services supplied by those authorities to the development. All services to any future dwellings erected on the site shall be underground.

 

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

 

i. Erosion and sediment controls must be provided to in accordance with the approved Site Management Plan.

 

ii.       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).  All disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar.

 

iii.      All clean water run-off is diverted around cleared or exposed areas.

 

iv.      Silt fences, stabilised entry/exit points or other devices are installed to prevent sediment from entering drainage systems or waterways.

 

v.       Controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadway. Compliance with Managing Urban Stormwater – Soils and Construction (Blue Book) produced by Landcom 2004 is to be met.

 

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.

 

12.       Stormwater System - The stormwater plan shall be prepared for the driveway and future dwelling on the battle-axe lot, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.

 

i. 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)

 

ii.       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 (2005 or 2016) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.

 

13.       On Site Detention - Stormwater plans of the drainage system for the future dwelling on the battle-axe lot, prepared by a professional engineer specialising in hydraulic engineering, and 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. Full details shall accompany the application for the Construction Certificate.

 

14.       Restriction to User for On-Site Detention Facility - A Restriction on Use of the Land shall be created and registered on the title of the property, which places the responsibility for the construction of the on-site stormwater management system on the battle-axe lot 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 construct an onsite detention system for the future dwelling on the battle-axe lot. 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.

 

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

 

15.       Stormwater Drainage Plan Details - Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a professional engineering specialising in hydraulic engineering shall be submitted with the Construction Certificate application.

 

These plans shall be prepared in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (2005 or 2016) and Council's drainage guidelines in Appendix 2 of the Hurstville Development Control Plan 1.

 

16.       Driveway Construction Plan Details - Detailed engineering plans for the driveway shall be submitted with the Construction Certificate application for approval that shows:

 

(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 4.0 m wide pavement/kerb face to kerb face width, and a non-slip surface.

 

Section D        Prior to the Commencement of Work (Including Demolition & Excavation) 

 

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

 

18.       Demolition Notification Requirements - 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.

 

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.

 

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.

 

19.       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.

 

20.       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.

 

21.    Site sign – Soil and 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.

 

22.       Dial before you 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.

 

Section E          Prior to Construction

 

23.       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.

 

24.       No 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.

 

25.       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.

 

Section F           Prior to the Issue of the Subdivision Certificate

 

26.       Torrens Title Subdivisions - The Section 73 Certificate required must be a separate certificate for this development consent. Any other Section 73 Certificates (e.g. for the construction of the building) cannot be accepted to approve the Subdivision Certificate.

 

A Subdivision Certificate cannot be issued unless all relevant conditions of the development consent that are to be satisfied prior to the issue of the Subdivision Certificate have been complied with.

 

a)   Council will check the consent conditions on the relevant subdivision consent. Failure to submit the required information will delay endorsement of the plan of subdivision.

 

b)   Plans of subdivision, Administration Sheets, 88B Instruments and copies must not be folded.

 

c)   All Subdivision Plans, Deposited Plan Administration Sheets and Section 88B Instruments shall be submitted to Council enclosed in a protective cardboard tube (to prevent damage during transfer).

 

d)   A Subdivision Certificate cannot be issued unless all relevant conditions of the development consent that are to be satisfied prior to the issue of the Subdivision Certificate have been complied with.

 

27.       Site works to be completed prior to issue of Subdivision Certificate - The following works shall be completed prior to the issue of the Subdivision Certificate:

 

a)   The driveway stormwater/drainage works shall be completed in accordance with the approved Construction Certificate plans.

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.

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

d)   A Final Occupation Certificate shall be obtained from the PCA upon completion of the construction works required by the approved Construction Certificate.

e)   Sydney Water‘s Section 73 Compliance Certificate.

f)    The construction of the driveway shall be completed in accordance with the conditions and specifications of the Section 68 Local Government Act 1993 Activity Approval.

g)   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.

h)   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.

 

28.       Final Subdivision Plan Requirements - A final Subdivision Plan shall be prepared by a Registered Surveyor and include (but not be limited to) the following:

 

a)   Required Easements

b)   The following easements shall be created by Section 88B of the Conveyancing Act 1919 on the Final Subdivision Plan.

c)   Any necessary Easements to Drain Water, (minimum 1m wide).

d)   Any necessary Easements for Services (minimum 300mm wide).

e)   Any necessary Easements for overhanging roof structures.

 

29.       Subdivision - Requirements for Application of a Subdivision Certificate - To enable registration of the plan of subdivision at NSW Land and Property Information (Land Title) Office, the person acting on the consent must apply for a Subdivision Certificate pursuant to section 109J of the Environmental Planning and Assessment Act 1979.

 

To enable the determination of the application for a Subdivision Certificate by Georges River Council, the applicant must submit the following:

 

(a) Application for Subdivision Certificate form completed with payment of fees current at lodgement.

 

(b) Three (3) copies of the final plan of subdivision prepared by a Registered Surveyor.

 

(c)  The Original Deposited Plan Administration Sheet(s) plus one (1) copy.

 

(d) The Original of any relevant 88B instrument plus one (1) copy. All Relevant Subdivision Certificate Application Fees plus any 88B Checking Fee shall be paid prior to the issue of the Subdivision Certificate.

 

(e) A copy of the Final Occupation Certificate for the dwellings obtained from the Principal Certifying Authority.

 

(f)   Certification from the Registered Surveyor that all services (including but not limited to stormwater drainage, gas, electricity, telephone cable) as constructed or to be constructed are/will be contained within each lot or within the necessary easements to accommodate such services.

 

(g) A Section 73 (Sydney Water) Compliance Certificate for the Subdivision.

 

Section G          Ongoing Use   

 

30.       No approval is granted to works associated with the construction of any development on Proposed Lot B and any additions to the dwelling located on Proposed Lot A.

 

Section H          Operational Requirements Under the Environmental Planning and Assessment Act 1979

 

31.       Subdivision Work – Construction Certificate & Appointment of Principal Certifying Authority - Subdivision work in accordance with a development consent cannot commence until:

 

(a) A Construction Certificate has been issued by the consent authority, the council (if not the consent authority) or an accredited certifier; and

(b) The beneficiary of the consent has appointed a Principal Certifying Authority for the subdivision work.

 

No later than two (2) days before the subdivision work commences, the PCA must notify:

 

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

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

 

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

 

32.       Subdivision work – Notice of Commencement - The beneficiary of the development consent must give at least two (2) days notice to the Council and the PCA of their intention to commence the subdivision works.

 

A Notice of Commencement Form is attached for your convenience.

 

Section I Prescribed Conditions

 

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

 

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

 

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

 

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

 

37.       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.

 

END OF CONDITIONS

 

NOTES/ADVICES                                                                                                                                

 

38.       Review of Determination - Section 8.2 of the Environmental Planning and Assessment Act confers on an applicant who is dissatisfied with the determination of the application the right to lodge an application with Council for a review of such determination.  Any such review must however be completed within 6 months from its determination.  Should a review be contemplated sufficient time should be allowed for Council to undertake public notification and other processes involved in the review of the determination.

 

Note: Review provisions do not apply to Complying Development, Designated Development, State Significant Development, Integrated Development or any application determined by the Sydney South Planning Panel or the Land & Environment Court.

 

39.       Appeal Rights - Part 8 (Reviews and appeals) of the Environmental Planning and Assessment Act 1979 confers on an applicant who is dissatisfied with the determination of the application a right of appeal to the Land and Environment Court of New South Wales.

 

40.       Lapsing of Consent - This consent will lapse unless the development is physically commenced within 5 years from the Date of Operation of this consent, in accordance with Section 4.53 of the Environmental Planning and Assessment Act 1979 as amended

 

41.       Torrens Title Subdivisions -

 

(a) The Section 73 Certificate required must be a separate certificate for this development consent. Any other Section 73 Certificates (e.g. for the construction of the building) cannot be accepted to approve the Subdivision Certificate.

 

(b) A Subdivision Certificate cannot be issued unless all relevant conditions of the development consent that are to be satisfied prior to the issue of the Subdivision Certificate have been complied with.

 

(c) Council will check the consent conditions on the relevant subdivision consent. Failure to submit the required information will delay endorsement of the plan of subdivision.

 

(d) Plans of subdivision, Administration Sheets, 88B Instruments and copies must not be folded.

 

(e) All Subdivision Plans, Deposited Plan Administration Sheets and Section 88B Instruments shall be submitted to Council enclosed in a protective cardboard tube (to prevent damage during transfer).

 

(f) A Subdivision Certificate cannot be issued unless all relevant conditions of the development consent that are to be satisfied prior to the issue of the Subdivision Certificate have been complied with.

 

42.       Subdivision - Fees to be paid to Council - The following fees shall be paid to Council prior to the issue of the Subdivision Certificate:

 

a.   All Section 94 Contribution Fees payable to Council as per Conditions of Development Consent No. DA2018/0143 (this consent) shall be paid prior to the issue of the Subdivision Certificate.

b.   All Relevant Subdivision Certificate Application Fees plus any 88B Checking Fee shall be paid prior to the issue of the Subdivision Certificate.

 

 

 

ATTACHMENTS

Attachment 1

Proposed Plan of Subdivision - 37 Woronora Pde Oatley

Attachment 2

Demolition Plan - 37 Woronora Pde Oatley

 


Georges River Council - Georges River Local Planning Panel (LPP) - Monday, 3 December 2018

LPP054-18              37 Woronora Parade Oatley

[Appendix 2]           Demolition Plan - 37 Woronora Pde Oatley

 

 

Page 26

 


Georges River Council – Local Planning Panel   Monday, 3 December  2018

Page 27

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Monday, 03 December 2018

 

LPP Report No

LPP055-18

Development Application No

DA2016/0224

Site Address & Ward Locality

65-67 Lawrence Street Peakhurst

Hurstville Ward

Proposed Development

Construction of a part 3, part 4 storey residential flat building containing 13 apartments, basement car parking for 19 vehicles and associated landscaping and site works

Owners

MJN Australia, Nassif Family Holdings, Hega Developments, Grace Developments, Kamal Nassif

Applicant

Louis Beaini

Planner/Architect

Town Planner - Planning Principles, Architect - Design Workshop Australia

Date Of Lodgement

22/08/2016

Submissions

1 submission

Cost of Works

$3,000,000

Local Planning Panel Criteria

Development is defined as a “Residential Flat Building”, SEPP 65 applies and Clause 4.6 variation in respect to exceedance of the height control

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

State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development,

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Draft Environmental State Environmental Planning Policy, Apartment Design Guide, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment,

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

Traffic Assessment – Transport and Traffic Planning Associates

Architectural Plans

Arboricultural Report – Allied Tree Consultancy

Statement of Environmental Effects – Planning Principles

Report prepared by

Senior Development Assessment Planner

 

 

Recommendation

THAT the application be granted deferred commencement approval 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?

 

Yes  - Clause 4.6 Statement submitted in respect of height

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. Deferred Commencement conditions suggest design changes

 

Site Plan

Sites outlined in red

 

Executive Summary

1.         Council is in receipt of an application which proposes the construction of a four (4) storey residential flat building (RFB) comprising 13 residential apartments, basement car parking catering for 19 vehicles (including the car wash bay), landscaping and associated site works. Originally, the application sought demolition of the existing structures however the Applicant has removed this part of the proposal as one dwelling has been burnt down and the Applicant has obtained separate approval for demolition in accordance with the provisions of the State Environmental Planning Policy - Exempt and Complying Development.

 

2.         The site is zoned R3 Medium Density Residential pursuant to the Hurstville Local Environmental Plan 2012 (HLEP), the proposal is a permissible form of development subject to Council’s consent.

 

3.         The development application was lodged on 22 August 2016 and has undergone a series of modifications since lodgement to address concerns raised by the Design Review Panel and Council (refer to development history for details). The most significant change is the relocation of two (2) apartments which were originally located at the rear but were submerged due to the site conditions providing poor amenity. These apartments have been removed from this location and have been located at the roof level.

 

4.         The most recent set of amended plans were lodged on 23 March 2018. From the assessment of these plans there still remains some concern regarding the design. The concerns can be addressed by conditions however as they involve changes to the layout and relationship of the built form to the street, treatment and allocation of areas of open space and other design changes, Deferred Commencement Approval is considered more appropriate as Council can ensure the amended plans reflect the intended planning and design outcomes.

 

5.         The proposal is isolating 69 Lawrence Street whose future development potential will be compromised by the development. The documentation provided by the Applicant since 2016 includes a number of market valuations that have been prepared and several offers made, confirms the neighbour is not prepared to sell the site. The valuation and offer has also been recently updated to reflect current market value conditions and too has been rejected. This documentation satisfies Council’s assessment criteria in respect to ensuring all possible measures have been investigated in purchasing this adjoining site.

 

6.         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 relevant State Environmental Planning Policies, Local Environmental Plans and Development Control Plans.

 

7.         Following a detailed assessment of the proposal, Development Application No. DA2016/0224 is recommended for determination as a Deferred Commencement Approval subject to conditions.

 

DESCRIPTION OF THE PROPOSAL

8.         The proposed development seeks the construction of a four (4) storey RFB comprising of 13 residential units, basement car parking for 19 car parking spaces (including the car wash bay) associated landscaping and site works. Specifically, the proposed development will contain the following:

 

Basement:

§ Parking for 16 resident car parking spaces (including 3 accessible spaces), 6 spaces are in a tandem arrangement.

§ 3 visitor car parking spaces (including one car wash bay)

§ Individual resident’s storage spaces

§ Bin storage room

§ Lift cores, service shaft & fire stairs

§ 5 bicycle spaces

§ 1 car wash bay that doubles as a visitor space

 

Ground Floor:

§ 2 x 1 bedroom apartments

§ 1 x 2 bedroom apartment

§ Void area located above the basement

§ Lift lobby, 2 x staircases

§ Rooms allocated for services

 

Level 1:

§ 1 x 1 bedroom + study

§ 2 x 2 bedroom apartments

§ 1 x 3 bedroom apartment

§ Lift lobby/circulation corridor, services shaft & fire stairs

 

Level 2:

§ 3 x 2 bedroom apartments

§ 1 x 3 bedroom apartment

§ Lift lobby/circulation corridor, services shaft and fire stairs

 

Level 3:

§ 1 x 2 bedroom apartment

§ 1 x 3 bedroom apartment

§ Communal open space (152.3sqm)

§ Private courtyard to Apt 4-1 of 40.1sqm

§ Private courtyard to Apt 4-2 of 23.8sqm

§ Lift lobby/circulation corridor, services shaft and fire stairs

 

Figure 1: Perspective of the front elevation of the proposal (Amended Plans DWA Rev Q)

 

DESCRIPTION OF THE SITE AND LOCALITY

9.         The subject site involves the amalgamation of 65 and 67 Lawrence Street, Peakhurst. The sites are generally regular in shape, with a combined frontage to Lawrence Street of 30.47m, depth of 36.32m and 36.07m respectively and a rear width of 35m to Forest Road. The combined site area amounts to 1182.5sqm (594.4sqm for 65 Lawrence and 588.10sqm for 67 Lawrence Street).

 

            Site inspection photos 65 and 67 Lawrence Street Peakhurst

 

           

            Site inspection photos 65 and 67 Lawrence Street Peakhurst

 

           

            Site inspection photos of 65 and 63 Lawrence Street Peakhurst

 

10.       The legal description for both sites is Lot 250, DP36317 (65 Lawrence Street) and Lot 251, DP 36317 (67 Lawrence Street).

 

11.       Existing on site is a single storey dwelling house at 67 Lawrence Street with a detached garage and carport off Lawrence Street and 65 Lawrence Street is currently a vacant site which has been levelled and generally cleared. The rear of the sites adjoin Forest Road, however there is a distance of some 6m from this roadway as there is a public verge which provides a buffer zone (known as Jacques Avenue Reserve).

 

12.       Substantial trees and vegetation exist at the rear of the subject sites, and along the Reserve which provide visual screening, greenery and act as an acoustic buffer from the traffic noise along Forest Road. The application seeks to retain most of the vegetation at the rear but requires the removal of eleven (11) trees which will be affected by the building footprint. Council’s Landscape Officer has raised no objection to the proposed removal of these trees. The development proposes replacement planting of trees that will achieve similar heights and spread.

 

Courtesy: Allied Tree Consultancy Arborist report, 2016

Figure 2: Location of existing trees on site some have been removed due to the house at 65 Lawrence St being affected by a fire

 

13.       Both sites fall steeply from the rear (Forest Road) towards the front (Lawrence Street) by some 3m. There is also a cross-fall from the west to the east by approximately 900mm (front) and approximately 500mm at the rear.

 

14.       Immediately to the south of the site is a large public verge which is adjacent to Forest Road a busy classified roadway. Lawrence Street is dominated by a variety of newly constructed 3-4 storey residential flat buildings and two (2) storey attached dual occupancy developments. Very few original dwelling houses have been retained. To the east is 69 Lawrence Street which is a single storey detached dwelling house with a freestanding garage at the rear of the property. Further east is a residential flat building at 71-75 Lawrence Street.

 

15.       The site is conveniently located within close proximity to a series of local amenities and services including Peakhurst Park and the neighbourhood shopping precinct along Park Street to the south. The streetscape is in the process of transition to a largely medium density environment.

 

ZONING

16.       The subject site is zoned R3 – Medium Density Residential under the Hurstville Local Environmental Plan 2012 (HLEP) and the proposed Residential Flat Building is permissible in the zone with the consent of Council. The proposal satisfies the zone objectives which are:

 

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

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

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

•     To ensure that a high level of residential amenity is achieved and maintained.

•     To provide for a range of home business activities, where such activities are not likely to adversely affect the surrounding residential amenity

 

The site is not affected by Acid Sulphate Soils, is not Flood Prone and is not a designated Heritage Item or located within a Conservation Area.

 

 

Zoning map – the subject sites are outlined in red

 

APPLICABLE PLANNING CONTROLS

PLANNING ASSESSMENT

 

Environmental Planning Instruments

 

Hurstville Local Environmental Plan 2012

17.       The provisions of the Hurstville Local Environmental Plan HLEP) apply to the proposed development which complies with the relevant provisions as follows.

 

Clause

Standard

Proposal

Complies

2.3 – Zone objectives and land use table

R3 – Medium Density Residential

Consistent with the zone objectives and land use table

Yes

4.3 – Height of Buildings

12m as identified on Height of Buildings Map

13.25m

No (1)

4.4 – Floor Space Ratio

1:1 as identified on Floor Space Ratio Map

FSR = 0.98:1

Yes

4.6 – Exceptions to development standards

Formal written request required addressing provisions of Cl.4.6

Formal written request lodged and addressed in detail as part of this assessment

Yes - Clause 4.6 Statement addresses relevant provisions of Clause 4.6

 

(1) - Height of Buildings

The proposed development seeks a variation to the development standard relating to height. HLEP identifies a maximum height of 12m. The proposed development will have a maximum height of approximately 13.25m for part of the development. A variation to the height can be considered under Clause 4.6 – Exceptions to Development Standards in the HLEP. In assessing the variation, the provisions identified in Clause 4.6 have to be considered. The applicant’s town planning consultant, Planning Principles has provided a response which is detailed and considered below.

 

Diagram showing height above 12m circled in green

Figure 3: Western Elevation of the building showing the area of non-compliance with the height control.

 

Clause 4.6 Exceptions to development standards

18.       The objectives of Clause 4.6 are as follows:

 

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

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

 

The Applicant has shown the elements which exceed the height control and include the following:

 

·   The lift over run which reaches RL54.950 and achieves an overall numerical height of 13.25m, amounting to 1.25m over the height control.

·   A flat roof extension of 50mm.

 

The non-compliance amounts to a 10% variation in the standard.

 

Is the planning control in question a development standard?

Yes Clause 4.3 Height is a development standard.

 

What is the underlying objective or purpose of the standard?

The objectives of Clause 4.3 Height Standard are;

 

(a) to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,

(b) to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development and to public areas and public domain, including parks, streets and lanes,

(c) to minimise the adverse impact of development on heritage items,

(d) to nominate heights that will provide a transition in built form and land use intensity,

(e) to establish maximum building heights that achieve appropriate urban form consistent with the major centre status of the Hurstville City Centre,

(f) to facilitate an appropriate transition between the existing character of areas or localities that are not undergoing, and are not likely to undergo, a substantial transformation,

(g) to minimise adverse environmental effects on the use or enjoyment of adjoining properties and the public domain.

 

Applicant’s comment:

“It is necessary to anticipate the purpose behind Council’s imposition of such a planning control. In our opinion the purpose behind a Building Height standard of this nature is to ensure bulk and scale of development is compatible with the existing and likely future character of a locality, and to ensure that a development’s intensity does not adversely impact upon streetscape appearance and amenity levels of adjoining properties, particularly privacy and overshadowing impacts.

 

The proposed development is consistent with the bulk and scale of approved developments surrounding the site, with no detrimental environmental or streetscape impacts perceived, with the majority of the structure forming part of this assessment located within the building height. The non-compliant portions of the building will in general remain unseen.

 

The over building heights, setbacks and façade treatments are consistent with the future character for proposed development onsite. Therefore, the proposed development will not impact further on amenity levels of adjoining properties due to overshadowing or bulk and scale. The developments impacts are consistent with impacts that may be reasonably expected under the controls.

 

Based on shadow diagrams analyses, daylight access upon adjoining properties is considered unaffected. Daylight access to the public domain will also remain unaffected, primarily because public areas are not in close proximity to the lift overrun.

 

The Objectives of the R3 Medium Density Residential Zone are;-

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

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

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

•   To ensure that a high level of residential amenity is achieved and maintained.

•   To provide for a range of home business activities, where such activities are not likely to adversely affect the surrounding residential amenity.

 

The proposal is capable of satisfying the above objectives, particularly to provide for the housing needs of the community within a medium density residential environment and to provide a variety of housing types within a medium density residential environment. The height of the development is compatible with the character, amenity and landform of the area in which the development will be located.

 

Is compliance with the development standard consistent with the aims of the policy and in particular does compliance with the development standard tend to hinder the obtainment of the objects specified in s5(a)(i) and (ii) of the EP&A Act?

 

The non-compliance must not “hinder the attainment of the objects specified in Section 5(a)(i) and (ii) of the Act.”

 

Section 5 of the Environmental Planning and Assessment Act 1979 (as amended) provides:

 

The objects of this Act are…

     (a) to encourage

i. the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, town and villages for the purpose of promoting the social and economic welfare of the community and a better environment;

                     ii. the promotion and co-ordination of the orderly and economic use and development of land;

         

The proposed development is consistent with the objects nominated in section 5(a)(i) & (ii) of the Environmental Planning and Assessment Act 1979 (“the Act”). The proposal represents a reinvestment in the residential stock in the locality. To enforce strict compliance with Clause 4.3(2) of the Plan will not promote the orderly or economic development of the land, as it would result in an under-utilised property and would result in a development that is not consistent with other nearby development.

 

The proposed variation will not contravene these Objects of the Act. Management of the existing residential and environmental environment to achieve better community outcomes will be improved by providing a lift design that breaks up the scale of the roof form through formal articulation. The design allows for a reasonable built form which reduces the potential for adverse impact on nearby and surrounding development. In summary, it is considered that the environmental impacts are so minor that the variation does not require detailed quantification as there is no potential for adverse impact onsite or to adjoining development.

 

Specifically, to enforce strict compliance would be to compromise on the economic and social potential of the subject property. Strict compliance is therefore not consistent with the aims and objectives of section 5(a)(i) and (ii) of the Act.

 

Is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

The rationale is that development standards are not ends in themselves but means of achieving ends. The ends are environmental or planning objectives. Compliance with a development standard is fixed as the usual means by which the relevant environmental or planning objective can be achieved. However, if the proposed development proffers an alternative means of achieving the objective, strict compliance with the standard would be unnecessary (it is achieved anyway) and unreasonable (no purpose would be served).

 

The development achieves the environmental and planning objectives relevant to a development of this nature. The non-compliance in regard to building height is considered minor – less than 10% and does not represent an overdevelopment of the site, does not result in a visually dominating development and does not result in negative externalities upon adjoining or nearby development, in particular reduced amenity.

 

The proposed development satisfies the objectives behind the Council’s building height control. The non-complaint building height results in an overall increase in building height of 1.25metre or of less than 10% and will not compromise the objectives of the height control standard.

 

Non-compliance with the development standard does not raise any matter of local, state or regional environmental planning significance. Strict compliance with clause 4.3(2) of the Plan would hinder the attainment of the objects listed in section 5(a)(i) and (ii) of the Act.

 

Based on shadow diagrams analyses, daylight access upon adjoining properties is considered unaffected. Daylight access to the public domain will also remain unaffected, primarily because public areas are not near the lift overruns.

 

The non-compliant building height will not impact on the streetscape of Lawrence Street with the developments impacts consistent with impacts that may be reasonably expected under the controls. The height of the development is compatible with the character, amenity and landform of the area in which the development will be located.

 

The proposed development will be in the public interest as it is consistent with the objectives of the particular development standard and objectives for development within the zone in which the development is proposed to be carried out.

 

The non-compliant building height is necessary given the site constraints of the sloping of the land. The building has been stepped down the site in conjunction with the contours of the land.

 

The development replaces dwellings with a high quality Residential Flat Building with exceptional internal and external amenity outcomes, and

The non-compliant height of building relates to the lift overrun of which is located in the core of the building and will not detracted from the building form and will not be viewed from Lawrence Street.

 

The impacts are minor that the variation does not require detailed quantification as there is not potential for adverse impact on adjoining development. There are sufficient environmental planning grounds to justify contravening the development standard and in the circumstances of the proposed development, the consent authority should invoke its powers under Clause 4.6 of the Hurstville Local Environmental Plan 2012 (HLEP2012) and support the variation in this circumstance as strict compliance with the development standard is unnecessary as the purpose behind the environmental planning grounds are satisfied serve no purpose enforcing compliance.”

 

Comment: Applicant’s argument is generally accepted in that the degree of non-compliance is considered satisfactory. The non-compliance affects a small area of the building (notably 1.25m of the lift overrun and 50mm of the roof parapet). The area of non-compliance amounts to 10% and is considered small scale and confined to a small proportion of the roof (the lift overrun amounts to an area of some 1m x 2m).

 

The lift core is setback over 6m from the western side of the building and over 12m from the front boundary. The structure is not envisaged to be visible from the street and public domain.

 

The non-compliance does not generally compromise the attainment of the objectives of the zone which essentially promotes development of a medium density character and scale which is achieved by this development. The lift location and its functioning is considered satisfactory and this is essentially the area that exceeds the control.

 

The height and the area of the variation in this case generally satisfies the objectives of the height control which are to minimise and regulate amenity impacts and ensure the scale and form of the building is consistent with the desired future character for development in the street and locality. Given the new larger scale medium density developments that have been approved and currently under construction in the street this proposal would be generally consistent and in line with those developments. The area of non-compliance is considered minor and will not create any adverse amenity impacts in terms of overshadowing (as it will overshadow the rooftop area of the subject development and not extend beyond the boundaries of the Site), overlooking or create any undue view loss.

 

In respect to the small section of the parapet to the fourth floor exceeding the height control by 50mm, a deferred commencement condition will require the vergola to be setback and reduced which should address this non-compliance. The remainder of the roof form and parapet is well within the 12m height limit.

 

The recent Court decision Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, Preston CJ further clarified the correct approach in the consideration of Clause 4.6 requests. This advice further confirms that the Clause (4.6) does not require that a development that contravenes a development standard must have a neutral or better environmental planning outcome than one that does not. In this case the variation will not adversely affect the design of the building and the Clause 4.6 request has adequately addressed the provisions and requirements of the Clause.

 

As held in Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 at [39], Preston CJ confirmed (at[25]) that the test in 4.6 (4)(a)(i) does not require the consent authority to directly form the opinion of satisfaction regarding the matters specified. Rather, it needs to do so only indirectly in forming its opinion of satisfaction that the applicant’s written request has adequately addressed the matters required to be demonstrated.

 

By contrast, the test in cl4.6(4)(a)(ii) requires that the consent authority must be directly satisfied about the matter in that clause; namely that the development will be in the public interest because it is consistent with the objectives of the development standard and the objectives for development of the zone in which the development is proposed to be carried out.

 

After careful consideration of the Clause 4.6 request it is considered that the non-compliance in this case is acceptable and the request is well founded and the variation will satisfy the objectives of both the zone and development standard and therefore satisfies the provisions of Clause 4.6.

 

Environmental Planning and Assessment Regulations 2000

19.       The proposed development satisfies the relevant matters for consideration for development under the Regulations.

 

State Environmental Planning Policies

20.       Compliance with the relevant State Environmental Planning Policies is detailed and discussed below.

 

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

21.       This REP is applicable to the subject site and the aims of the plan are;

 

(a) to maintain and improve the water quality and river flows of the Georges River and its tributaries and ensure that development is managed in a manner that is in keeping with the national, State, regional and local significance of the Catchment,

(b) to protect and enhance the environmental quality of the Catchment for the benefit of all users through the management and use of the resources in the Catchment in an ecologically sustainable manner,

(c) to ensure consistency with local environmental plans and also in the delivery of the principles of ecologically sustainable development in the assessment of development within the Catchment where there is potential to impact adversely on groundwater and on the water quality and river flows within the Georges River or its tributaries,

(d) to establish a consistent and coordinated approach to environmental planning and assessment for land along the Georges River and its tributaries and to promote integrated catchment management policies and programs in the planning and management of the Catchment,

(e) (Repealed)

(f) to provide a mechanism that assists in achieving the water quality objectives and river flow objectives agreed under the Water Reform Package.

 

The proposal generally satisfies the objectives and provisions of the REP.

 

State Environmental Planning Policy 55 – Remediation of Land

22.       SEPP 55 identifies that the following is to be considered in determining a development application.

 

Contamination and remediation to be considered in determining development application

(1)       A consent authority must not consent to the carrying out of any development on land unless:

(a)         it has considered whether the land is contaminated, and

(b)       if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c)        if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

(2)       Before determining an application for consent to carry out development that would involve a change of use on any of the land specified in subclause (4), the consent authority must consider a report specifying the findings of a preliminary investigation of the land concerned carried out in accordance with the contaminated land planning guidelines.

(3)       The applicant for development consent must carry out the investigation required by subclause (2) and must provide a report on it to the consent authority. The consent authority may require the applicant to carry out, and provide a report on, a detailed investigation (as referred to in the contaminated land planning guidelines) if it considers that the findings of the preliminary investigation warrant such an investigation.

(4)  The land concerned is:

(a)         land that is within an investigation area,

(b)       land on which development for a purpose referred to in Table 1 to the contaminated land planning guidelines is being, or is known to have been, carried out,

(c)        to the extent to which it is proposed to carry out development on it for residential, educational, recreational or child care purposes, or for the purposes of a hospital-land:

(i)         in relation to which there is no knowledge (or incomplete knowledge) as to whether development for a purpose referred to in Table 1 to the contaminated land planning guidelines has been carried out, and

(ii)        on which it would have been lawful to carry out such development during any period in respect of which there is no knowledge (or incomplete knowledge).

 

The provisions of SEPP 55 require the consent authority to determine if the land the subject of the application is contaminated, and whether it is appropriate for the proposed development having regard to subclause (4).

 

The subject site contains an older style single storey dwelling house at 67 Lawrence Street and 65 Lawrence Street is currently vacant. A desktop review has been conducted and it is evident that both sites have been historically used for residential purposes for many decades.

 

Table 1 of the Contaminated Land Planning Guidelines identifies contaminating uses that would trigger the preparation of a preliminary site investigation plan to determine if and the extent of any contamination. The uses of the site identified in Council’s records do not show any uses identified in Table 1. Council’s records also do not show any action or information relating to contamination being identified on the site.

 

State Environmental Planning Policy (Infrastructure) 2007 (SEPP (Infrastructure)

23.       Clause 101 of the SEPP relates to development with frontage to a classified road. Forest Road is located at the rear of the Site. This roadway is a classified arterial road however there is no access from the site to this roadway. As such Clause 101 is not applicable in this case. Clause 102 of the SEPP (Infrastructure) relates to the assessment and consideration of road noise or vibration on non-road development. This clause is applicable to developments that are “on land in or adjacent to the road corridor for a freeway, a tollway or a transitway or any other road with an annual average daily traffic volume of more than 20,000 vehicles”.  The RMS website includes traffic volumes at various locations. The corner of Forest Road and Stoney Creek Road which is some 200m to the east of the site records traffic volumes in excess of 30,000 vehicles daily. The subject site does not address Forest Road and is screened and setback from the roadway by an existing vegetated verge however an acoustic report was prepared and accompanies the application.

 

In accordance with the SEPP a condition is included to ensure that the recommendations of the acoustic report are integrated into the construction of the building and a condition is included to ensure that development for the purposes of residential accommodation, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

 

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

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

 

Which is in accordance with the provisions of the SEPP.

 

The recommendations within the acoustic report relate to installing appropriate double glazing to windows, insulation, minimum wall thicknesses being incorporated etc.

 

State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development

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

 

Application of SEPP 65

 

Clause

Standard

Proposal

Complies

3 - Definitions

Complies with definition of “Residential Apartment Development” (RAD)

Complies with definition

Yes

4 - Application of Policy

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

Comprises the erection of a new residential flat building

Yes

50 – Development Applications

Design verification statement provided by qualified designer

 

Registered Architect Name and Registration No.

Design Verification Statement provided by Registered Architect Mr Robert Gizzi (Registration No.8286)

Yes

         

Part 2 Design Quality Principles under the SEPP

25.       The original proposal was referred to the Design Review Panel (DRP) on 6 October 2016 and the Panel was critical of the design when assessed it against the nine (9) Design Quality Principles and ADG. The main issue was the originally proposed ground floor units at the rear which were located substantially below ground and received minimal solar access and internal amenity was considered to be unacceptable. 

 

The proposed development was amended on 23 December 2016 by removing the two (2) ground floor apartments at the rear and relocated this floor space to the roof where the two (2) units were relocated. The amended plans were referred back to the Panel on 6 May 2017 and the Panel felt that the amended plans addressed the original concerns subject to some minor further changes to occur in respect of ventilation etc. These changes were captured in the most recent sets of amended plans (5 September 2017 and 23 March 2018). The application has in total been amended 4 times in response to DRP comments and Council Officers.

 

The table below highlights the comments in italics which are the original DRP comments and the latest comments provided at the last DRP meeting are in black.

 

Clause

DRP Panel comments

Complies

1 – Context and neighbourhood character

The site is in an evolving neighbourhood with three (3) storey residential flat buildings on a steeply graded topography. The southern boundary of the site adjacent to Forest Road has a high point of RL44.75AHD and falls steeply to Lawrence Street to a low point of RL40.71AHD. The significant tree planting at the rear of the site and along Forest Road is important to separate the busy road and the residential neighbourhood. The established street trees on Lawrence Street are a significant neighbourhood asset and contribute to amenity for residents.

 

The design takes little account of the constraints imposed by the site topography and existing trees. The ground floor level shown at RL42.10AHD poses significant problems in terms of disabled access from the street (a ramp noted at 1:20 would have to be much steeper in fact), and elevation on the north western side and setting the building below ground level on the southern side limiting opportunities for outlook, windows and impacting severely on neighbouring sites and trees which the documents show as retained. A design that acknowledges site constraints that adopted split level floor plates would avoid these deficiencies.

 

The revised proposal would sit much more comfortably within the topography and existing trees. The entry level comes directly off Lawrence Street for a half level only allowing the first level to connect with the elevated rear portion of the site.

 

69 Lawrence Street is isolated between the proposal and the units to the east. The assertion made in the Statement of Environmental Effects that 69 Lawrence Street could be developed for multi dwellings and not residential flat building has not been demonstrated in any of the information supplied with the application.

 

The above still applies. It is understood that reasonable offers have been made for the adjacent property, 69 Lawrence Street, which have not been accepted. This information has been updated as at 29 October 2018.

Yes contextually the development is consistent with the changing nature of the street.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Applicant has been requested to provide an update in respect to the property valuation which dates back to late 2016 and to provide formal confirmation that 69 Lawrence St has not accepted any offers.

2 – Built form and scale

As noted above the proposal to develop a single floor plate on one (1) level  across the site is highly problematic and results in:

·    the rear units being below the ground in the southern boundary (approximately 1.6-2.5m)

·    the retaining wall on the western side of the courtyards to Units 1.4 and 1.5 up to a height of more than 2m

·    retaining walls on the eastern side of the courtyards to Units 1.2 and 1.3 would be over 2m high

 

This approach to the levels distorts the scale of the building by pushing it into the ground. Furthermore this has significant impacts on the resolution to the front landscape setback and entrance (requiring extensive ramping which is highly unattractive as demonstrated by the development to the east).

 

The revised plans and levels have resolved this concern.

 

The public domain is further compromised by locating services including an above ground sub-station, fire hydrant and booster, in the front landscape zone addressing the street. These services should be relocated into the footprint of the building.

 

It is unclear if these issues have been fully resolved at this stage.

Although the Panel believe the amended plans have resolved some of the initial concerns regarding layout and level changes Council Officers are still not satisfied with the design resolution of the building and its relationship to the area of communal open space at the rear.

 

 

 

 

 

 

 

 

Location and treatment of external services dealt with as a condition.

3 - Density

Complies

 

No further comment

Yes

4 – Sustainability

The significant site trees contribute to neighborhood sustainability providing habitat and shade. The current landscape proposal retains some of these trees, however the arboricultural report conflicts with these proposals. Every effort should be made to retaining these significant native trees on the site. This includes careful resolution of building footprints to minimise excavation in tree root zones.

 

Subject to BASIX.

 

The units will be unlikely to achieve 3hrs of solar access in mid-winter between 9am and 3pm to more than 60% of the units. There are large areas of glass facing east and west with no apparent solar protection.

 

These issues have now been resolved with the revised plans.

Yes – most trees are intended to be retained at the rear

 

Yes – solar access provision has been improved by the removal of ground floor units which would have received very poor sunlight access due to their location below ground.

5 - Landscape

The compromised building footprint has created highly problematic landscape at ground level. Fundamental changes to the building proposal to step the building would minimise requirements for excessively high retaining walls and improve the interface to the street. Other issues include:

·    inaccessible open space on the rear of the site due to poor ground floor layout

·    insufficient provision of medium to large scale trees to replace trees to be removed

·    configuration of ramp and stairs at Lawrence Street frontage would create an unattractive wall to the street

·    lack of sufficient space for adequate boundary planting to the western boundary, particularly within the courtyards

·    excessive paving and inadequate provision of planting zones on roof top terrace

 

These issues have largely been resolved.

 

It is critical that the built form strategy be modified to reduce the need for excessively high retaining walls, ramps and steps to improve landscape spaces at ground level. Alternative proposal to minimise excessively long ramps in landscape setbacks should be explored.

 

These issues have largely been resolved.

 

The proposal to replace the Brush Box tree to be removed on Lawrence Street is important. A large scale tree (400L minimum) should replace this tree.

 

The Panel congratulates the proponent on keeping the significant Brush Box tree on the nature strip.

 

Services including the sub-station, fire hydrant and booster should be removed from the front landscape area and included within the building footprint.

 

The proponent should confirm that these issues have been appropriately addressed.

Yes

Although the amended plans have improved some elements of the landscape design there are still level changes and a poor relationship with the areas of ground floor areas of open space. This can be addressed by a deferred commencement condition.

6 - Amenity

Access to ground level landscape space on the southern boundary could be achieved through providing an access corridor through the centre of the building. This would improve access for residents and provide outlook from lobby.

 

A number of short-comings have been identified in the unit layouts:

·    Unit 1.5 has no bench space in the kitchen

·    Unit 1.4 bedroom 2 has no window

·    Unit 1.2 has no access to the side courtyard

·    windows to Units 1.3 and 1.4 on the south wall have high sills and poor amenity in terms of natural light and ventilation

·    Units 2.4 and 3.4 rely totally on western facing windows with little solar protection

·    the balconies to Units 2.4 and 3.4 is badly orientated and dysfunctional

·    the plans show no windows to bedroom 1 of Units 2.4 and 3.4 and bedroom 1 of Units 2.3 and 2.4 but the south elevation shows high level windows which would provide very poor amenity. High sills are totally unnecessary in terms of privacy.

·    Unit 3.3 has no door to the balcony on the plans

 

All these issues have been resolved.

 

Additional natural ventilation should be provided where possible to the basement car park perhaps by way of roof lights/vents. It appears likely that the need for mechanical ventilation could be avoided.

 

Glass balcony balustrades should have at least part solid materials and/or adjustable screening.

Yes – access to the communal area of open space has been provided through the building.

Unit layouts have been improved.

7 – Safety

The main entrance is deeply recessed and provides a place of concealment.

 

This issue has been resolved.

Yes

8 –Housing diversity and social interaction

Acceptable mix of units has been provided.

Communal open space is extremely poor. Refer to comments above in ‘Landscape’.

 

This has been resolved with the addition of a roof garden. However the Panel has minor concerns with the privacy screening to the private courtyard on the roof and the potential shadow impacts of the vergola on the private space and living room of Unit 4.1.

 

The rear common space ‘suspended timber deck’ should be integrated with the existing ground surface level by providing seating, step and stair access. It is important that the deck does not significantly impact on the functional area of deep soil planting in this common open space.

Yes

9 - Aesthetics

The Panel did not receive any information on materials and colour selections. Unresolved treatment of large areas of glass on the east and west leaves doubt as to the ultimate façade treatments.

 

With the refinement of the design, this has been resolved and the design promises to be an attractive and appropriate addition to this medium to high density residential precinct.

Yes

 

Clause 30 – Consideration of Apartment Design Guide

 

Clause

Standard

Proposal

Complies

2E – Building depth

12-18m

 

18.79m – 23m

No however the non-compliance is considered minor and the depths still obtain compliant levels of solar access and cross ventilation.

2G – Street setbacks

Align street setbacks with building use. For example in mixed use buildings a zero street setback is appropriate

The proposal is forward of the existing building alignment of the adjoining properties, at present they are existing housing stock that have not been developed. HDCP suggests a front setback of 6m. The proposal is setback between 4.8m to 6m. It is recommended to reduce the awning above the entry and the front balconies to achieve a more consistent front building alignment. This can be achieved without compromising the amenity of the development for future occupants.

No – however the Deferred commencement conditions recommended intend to improve the siting and location of the building which will be consistent with other approved and constructed residential flat buildings in the streetscape.

3D-Communal and Public Open Space

 

 

1. Communal open space has a minimum area equal to 25% of the site.

-Where it cannot be provided on ground level it should be provided on a podium or roof

 

-Where developments are unable to achieve the design criteria, such as on small lots, sites within business zones, or in a dense urban area, they should:

• provide communal spaces elsewhere such as a landscaped roof top terrace or a common room

• provide larger balconies or increased private open space for apartments

• demonstrate good proximity to public open space and facilities and/or provide contributions to public open space

 

2. Developments achieve a minimum of 50% direct

sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9 am and 3 pm on 21 June (mid-winter)

204.6sqm (rear)

52.5sqm (front)

152.3sqm (roof top)

 

Total = 409.4sqm

Equates to 35%

 

A large amount of communal open space is provided at the rear, its relationship to the building and the ability to access it from the units is considered to be poor.

Linkages and connectivity to these spaces is unacceptable and can readily be improved. Deferred commencement conditions seek to improve this relationship and create separate external access through to this rear space without impact the adjoining allotments and future occupants of the development.

 

 

 

 

 

Over 50% of the area of the communal open space receives ample solar access as the landscaped area at the front and on the roof top is well orientated.

 

Numerically – Yes

 

Layout and functionality is unacceptable. Conditions seek to improve this situation by providing a more accessible route and layout.

 

3E- Deep Soil Zones

 

 

1. Deep soil zones are to meet the following minimum

requirements:

 

-Where site area is between 650sqm and 1500sqm = 3m minimum dimension

 

Deep soil = 7%

 

 

There are two main areas that allow for deep soil zones at the front and rear; both areas have a minimum width of 3m.

 

Site area is 1182sqm.

 

The proposal provides for 257sqm of deep soil area which amounts to a total of 22% of the site. Unfortunately most of the area is at the rear which is south facing.

Yes

 

 

 

 

 

 

Yes

 

Yes

3F- Visual Privacy

1. Separation between windows and balconies is

provided to ensure visual privacy is achieved.

 

Minimum required separation distances from buildings to the side and rear boundaries are as follows:

 

-Up to 12m (4 storeys)

Habitable rooms and balconies = 6m (12m separation distance)

Non-habitable rooms = 3m (6m separation distance)

 

 

Eastern Side

Ground floor = min 5m (to bedrooms however the building wall has no openings along this side)

6m

 

First and second floor = 5m-6m (bedrooms don’t have any openings along the wall where setback 5m)

 

Fourth Floor/Roof level = over 6m apart from courtyard to Apt 4-1 which is setback 5.5m

 

Western side

Ground floor = 4.5m

First, second and fourth floor/roof level = 6m

 

 

 

 

 

 

 

 

 

 

 

Rear

Ground, First and Second floor = 6m

Roof = 6.87m

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

Partial non-compliance – condition to ensure compliance

 

Numerically no, however these windows are located at and below the dividing fence height, therefore there is no adverse visual privacy impacts from these ground floor rooms.

 

 

Yes

3H-Vehicle Access

Vehicle access points are designed and located to achieve safety, minimise conflicts between pedestrians and vehicles and create high quality streetscapes

The vehicular driveway is located along the western side of the Site. A driveway width of 6m is proposed. The driveway grade is compliant with AS2890.1

Yes

3J- Access and parking

1. For development in the following locations:

 

On sites that are within 800m of a railway station or light rail stop in the Sydney Metropolitan Area;

 

- The minimum car parking requirement for residents and visitors is set out in the Guide to Traffic Generating

Developments, or the car parking requirement prescribed by the relevant Council, whichever is less

 

The car parking needs for a development must be provided off street

The site is not within 800mm of a train station or light rail stop so Council’s DCP provisions for Car Parking are applicable.

 

A detailed assessment in conjunction with the HDCP is provided below.

 

19 required and 19 provided.

 

 

 

 

 

 

 

 

Yes

Assessed in detail in DCP table below.

 

 

4A- Solar Access

Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9 am and 3 pm at mid-winter in the Sydney Metropolitan Area

 

A maximum of 15% of apartments in a building receive no direct sunlight between 9 am and 3 pm at mid-winter

The living area of Apt 1-3 is unlikely to obtain the 2 hours of solar access as it is partially below ground level however most other living spaces will receive the minimum amount due to their orientation.

 

 

 

7% (1 apartment) doesn’t receive the minimum amount of solar access

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

 

4B- Natural Ventilation

At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building.

 

 

Overall depth of a cross-over or cross-through

apartment does not exceed 18m, measured glass line to glass line

The Applicant claims 100% of units are cross ventilated however Apartment 1-1 won’t achieve the minimum which is a 7% non-compliance.

 

Most apartments have depths of 12-13m.

Yes

 

 

 

 

 

 

 

Yes

 

4C – Ceiling Heights

Measured from finished floor level to finished ceiling level, minimum ceiling heights are:

Habitable rooms  = 2.7m

Non-habitable rooms = 2.4m

The ground, first and second floor level have a total floor to ceiling height of 3m. This is below the 3.1m required in order to achieve a 2.7m internal floor to ceiling height.

 

The roof level has a height of 2.8m which will create a floor to ceiling well below the 2.7m as this includes the concrete slab thickness.

No – however can be conditioned to comply and the increase in height will be some 250mm which will not have any habitable areas exceeding the height limit.

 

4D-Apartment size and layout

Apartments are required to have the following

minimum internal areas:

 

1 bedroom = 50sqm

2 bedroom = 70sqm

3 bedroom = 90sqm

 

The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5sqm each

 

Every habitable room must have a window in an external wall with a total minimum glass area of not

less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms

 

 

 

 

 

 

1 bedroom = min 50sqm

2 bedroom = min 70sqm

3 bedroom = min 90sqm

 

N/A

 

 

 

 

 

 

 

Window provided for each habitable room with an appropriate glass area provided.

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

 

4D-Apartment rooms, location and sizes

Habitable room depths are limited to a maximum of

2.5 x the ceiling height

 

In open plan layouts (where the living, dining and

kitchen are combined) the maximum habitable room depth is 8m from a window

Complies

 

 

 

 

Open plan layouts are less than 8m from a window. Apt 2-3 falls slightly short of the requirement.

Partial non-compliance for Apt 2-3 however open plan nature of the internal living space will provide the kitchen adequate solar access and ventilation which satisfies the design criteria.

 

Master bedrooms have a minimum area of 10sqm and other bedrooms 9sqm (excluding wardrobe space)

 

Bedrooms have a minimum dimension of 3m

(excluding wardrobe space)

 

Living rooms or combined living/dining rooms have a

minimum width of:

-3.6m for studio and 1 bedroom

- 4m for 2 and 3 bedroom apartments

 

The width of cross-over or cross-through apartments

are at least 4m internally to avoid deep narrow apartment layouts

Development complies with these requirements

 

 

 

 

 

Yes compliant

 

 

 

 

 

Yes compliant

 

 

 

 

 

 

 

 

No cross over or cross through apartments.

Yes 

 

4E-Private Open Space and balconies

All apartments are required to have primary balconies as follows:

 

-1 bedroom = 8sqm/2m depth

-2 bedroom = 10sqm/2m depth

-3+ bedroom = 12sqm/2.4m depth

 

The minimum balcony depth to be counted as contributing to the balcony area is 1m

 

For apartments at ground level or on a podium or similar structure, a private open space is provided instead of a balcony. It must have a minimum area of 15sqm and a minimum depth of 3m

 

 

 

 

 

All balcony areas are greater than dimensions required.

 

 

 

 

 

 

 

 

 

Courtyards have areas of 20sqm, 26sqm, 23sqm and 31sqm all exceeding the minimum 15sqm requirement and satisfies the minimum depth.

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

4F-Circulation spaces

The maximum number of apartments off a circulation

core on a single level is eight

Maximum 4 units off the circulation core

Yes

 

4G- Storage

In addition to storage in kitchens, bathrooms and

bedrooms, the following storage is provided:

 

1 bedroom - 6m³

2 bedroom - 8m³

3 bedroom - 10m³

All units have internal storage solutions in the form of cupboards, WIR and internal laundry’s, the basement also includes allocated self-contained storage cages.

Yes

4K – Apartment Mix

A variety of apartment types is provided

3 x 3 bedroom apartments

(23%)

7 x 2 bedroom apartments

(54%)

3 x 1 bedroom apartments

(23%)

Yes

 

Appropriate mix of unit types is proposed.

4M - Facades

Facades should be well resolved with an appropriate scale and proportion to the streetscape and human scale.

The façade is well articulated and varied through the use of different materials and finishes.

Yes

4N- Roof Design

Roof treatments are integrated into the building design and positively respond to the street.

 

Opportunities to use roof space for residential accommodation and open space are maximised. Incorporates sustainability features.

Roof design is appropriate and integrated as part of the design of the development.

 

The provision of a large vergola at the roof level is considered bulky and inappropriate, the applicant via a deferred commencement condition will be required to reduce the extent of the structure to be more recessive.

Yes – the vergola structure at the roof level is proposed to be reduced and this will minimise the scale and bulk of this structure at the upper level.

4O-Landscape Design

Landscape design is viable and sustainable, contributes to the streetscape and amenity

The amount of landscaped area is considered satisfactory however the quality and accessibility arrangements to the area of open space at the rear will be required to be improved.

Yes – conditioned so that access to the rear area of open space is provided in a more accessible manner.

4P-Planting on structures

Planting on structures – appropriate soil profiles are provided, plant growth is optimised with appropriate selection and maintenance, contributes to the quality and amenity of communal and public open spaces.

Landscaping to the site which includes planting on structures has been designed by qualified landscape architect with details provided on species and soil depth.

 

The Landscape Plan details the proposed planting arrangement and includes a series of larger trees and vegetation within the deep soil zones and retains some of the mature trees at the rear.

Yes – Landscape Plan and arrangement will need to be updated as per Deferred Commencement conditions.

4Q-Universal Design

Universal design – design of apartments allow for flexible housing, adaptable designs, accommodate a range of lifestyle needs

Design and mix of apartments allows for different occupants with varying lifestyles from singles to families.

Yes

4R-Adaptive Reuse

Adaptive reuse as apartment of existing buildings- new additions are contemporary and complementary, provide residential amenity while not precluding future adaptive reuse

The proposed layouts and orientation of apartments allow for flexibility and the ability to facilitate an adapted reuse.

Yes

4U- Energy Efficiency

Development incorporates passive environmental design, passive solar design to optimise heat storage in winter and reduce heat transfer in summer, natural ventilation minimises need for mechanical ventilation

Amended proposal incorporates an amended and compliant BASIX Certificate, with the commitments in the design to provide appropriate energy efficiency features.

Yes

4V-Water Management and Conservation

Water management and conservation – potable water use is minimised, stormwater is treated on site before being discharged, flood management systems are integrated into site design

The development relies on an OSD Facility with an overflow pit and all stormwater will be released to Lawrence Street.

Yes

4W-Waste Management

Waste management – storage facilities are appropriately designed, domestic waste is minimised by convenient source separation and recycling

Waste facilities are provided which are accessible to all residents and all bins are to be located within a separate bin storage room in the basement adjacent to the lift.

Yes

4X-Building Maintenance

Building maintenance – building design provides protection form weathering, enables ease of maintenance, material selection reduces ongoing maintenance cost

Design incorporates a mix of external finishes that require minimal maintenance such as face brick, timber and pre-fabricated coloured panels.

Yes

Advice from the Design Review Panel (DRP)

26.       The amended plans have addressed most of the Design Review Panel’s concerns however there are still some minor non-compliances with the Apartment Design Guide (ADG). There are some design and layout concerns which haven’t been appropriately considered. These issues are addressed below and can be resolved by design changes proposed as Deferred Commencement conditions with certainty that the amendments requested will not result in other required design changes that will lead to non-compliances.

 

27.       Issues that require further resolution.

i)     Access to communal open space

The site is constrained by its relatively steep slope. The DRP originally suggested an improved design solution for the site would be to provide split-level apartments. It is acknowledged this would be the most appropriate design solution, however, is onerous and costly in terms of construction and also has the potential to reduce the salability of the development. Given the small scale nature of the development comprising 13 apartments, the Applicant has not altered the design to reflect this suggestion.

 

The Applicant has removed two (2) apartments which were partially sub-merged in the original rear ground floor location, there siting would have provided very poor internal amenity outcomes. The removal of these apartments creates a void above the basement area (refer to Figure 4 below which shows the location of the void through a section of the building).

 

 

Figure 4: Section through the proposed building

 

The amended built form and layout means that access to the rear area of communal open space is awkward and largely impractical. The resultant effect is that you obtain access to the rear area of open space from the first floor level. This is inconvenient particularly if the area has to be maintained or serviced. Given it is a well landscaped area and adequately dimensioned and comprises a grassed area and plantings, servicing the area through the building and taking out clippings and rubbish etc is not practical. It is proposed that a separate independent side access is provided along the eastern side (refer to the Deferred Commencement conditions). This may require the courtyard on the ground floor along this side to be reduced but the minimum 15sqm required by the ADG will be easily achieved.

 

The design change will require a set of stairs to be provided along this side. It will provide for better integration and an improved relationship of this rear area to the building and allow for secondary access to this space for all occupants and visitors.

 

ii)    Front setback

The HDCP stipulates a minimum front setback of 6m. Majority of the building complies along this side however since the front boundary line tapers a little at the front, Bedroom 2 and balconies to Apartments 1-1, 2-1 and 3-1 extend beyond the 6m setback. The awning feature above the front entry and the balcony to Apartments 2-2 and 3-2 are also setback 4.87m and encroach on the 6m front setback. Since the building will sit forward of the adjoining buildings and does not fully comply with the 6m requirement some of these projections are requested to be reduced in size to become more recessed and less visually dominating features.

 

The balconies have a depth of 4m and width of 4.2m and it is requested that the depth of the balconies be reduced to 3m which still provides an area of over 12sqm and compliance with the ADG is achieved, these balconies will remain functional.

 

It is also requested that the concrete roof above the entry be setback and shall be in line with the alignment of the staircase No.2. This will reduce its visual dominance when viewed from the street but maintain a formal entry point.

 

iii)   Location of services

The amended plans do not show the location of services like an electricity substation and booster assemblies. It is likely that these services will need to be included. A Deferred Commencement condition will require the formalisation of its location and proposed treatment to be provided and integrated into the design.

 

iv)   Floor to ceiling heights

Minimum floor to ceiling heights of 2.7m are required in accordance with the ADG for RFB’s. In order to achieve these heights, a floor to floor height of 3.1m is required. A 3.050m floor to floor height will still be able to achieve the minimum 2.7m floor to ceiling height inclusive of the slab thickness.

 

The development includes floor to floor heights of 3m at every level apart from the fourth floor which has a floor to floor height of 2.8m which is well below the minimum required.

 

A Deferred Commencement condition will ensure all levels (apart from the basement) shall have minimum floor to floor heights of 3.050m. In order to achieve these minimums, there are changes to the height of the building however currently the residential component of the development is below the height controls and the recommended increase in height will not result in a breach of the height control. The changes can be accommodated in the following way;

 

·     The basement level can be reduced in height by 200mm to achieve a floor to floor height of 2.8m in the basement and the ground floor level lowered by 200mm as ceiling heights in the basement of 2.4m are acceptable given this is not a habitable area. The ground floor level will become RL41.9 as opposed to RL42.1.

 

·     The additional 50mm increase in height at each level (from 3m to 3.050m) for the ground floor level, first floor level and second floor amounts to a total increase of 150mm. This will be captured by the 200mm reduction in height of the garage and the following levels will result;

 

Ground Floor: RL41.9 as opposed to RL42.1

First Floor: RL44.95 as opposed to RL45.1

Second Floor: RL48:00 as opposed to RL48.1

Third Floor: RL51.05 as opposed to RL51.1

 

This would increase the overall height of the building when measured at the floor level of the roof by only 50mm.

 

·     The floor to floor height of Apartments 4-1 and 4-2 (at the third level) will need to be increased by 250mm as currently the floor to floor height at this level is 2.8m and a minimum of 3.050m should be provided. The 250mm increase will result in the overall height of the roof to these Units at RL54.1which is 200mm higher than the proposed building. The apartments are located at the rear of the building and currently sited well below the 12m height limit so the 200mm increase will not create any adverse impacts and still achieve compliance with the height control.

 

·     Given the design changes will affect the height in the basement a minimum clearance of 2.4m needs to be maintained and minimum gradients into the basement need to be complied with. This can be achieved by excavating the basement further and the basement could be moved further to the rear to achieve an adequate gradient without adversely affecting the deep soil area at the rear since the basement is located 3m below the existing ground level at the rear. The Applicant has confirmed by way of an email that they are prepared to excavate further to accommodate any height changes.

·     The stair, WC and lift on the roof level will only increase by 50mm.

 

·     The vergola on the roof is also requested to be reduced in size to become more recessive.

 

v)  Other design changes

As previously discussed, the vergola feature on the roof level is requested to be setback and reduced in its size to reduce its visibility and dominance at that uppermost level (see Deferred Commencement conditions).

 

The proposed bike rack at the front near the entry is to be deleted as it is a prominent element and within the front setback area. There already exists a dedicated bike rack in the basement which satisfies this provision.

 

It is also requested that some privacy screens and fixed louvres are reduced or removed along the southern side of balconies to open up these spaces and allow for a greater amount of solar access whilst retaining some privacy to these areas.

 

28.       The proposed changes do not fundamentally affect the overall bulk, scale, mass or form of the development but seek to ensure greater compliance with Council’s controls and improve the internal amenity of apartments and improve the relationship of the building to the areas of open space surrounding it.

 

State Environmental Planning Policy (Vegetation in Non Rural Areas) 2017

29.       The key objectives of this policy are;

 

(a)  to protect the biodiversity values of trees and other vegetation in non-rural areas of the State, and

(b)  to preserve the amenity of non-rural areas of the State through the preservation of trees and other vegetation.

 

Council’s Landscape Officer has reviewed the application and concurs with the Arboricultural assessment lodged with the application and the proposal is considered to satisfy the provisions of the policy.

 

Draft Environmental Planning Instruments

30.       The Draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018.

 

This consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property.

Changes proposed include consolidating the following seven existing SEPPs:

 

·    State Environmental Planning Policy No. 19 – Bushland in Urban Areas

·    State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

·    State Environmental Planning Policy No. 50 – Canal Estate Development

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

·    Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2-1997)

·    Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

·    Willandra Lakes Regional Environmental Plan No. 1 – World Heritage Property.

 

The proposal is not inconsistent with the provisions of this Draft Instrument.

 

Development Control Plans

Hurstville Development Control Plan No 1 - LGA Wide

31.       The proposed development is subject to the provisions of the Hurstville Development Control Plan No.1. The extent to which the proposed development complies with the provisions of this DCP are outlined in the table below.

 

Development

Requirements

Proposed

Complies

3.1 Vehicle Access and Parking

DS1.5 Refer to AS 2890.1 2004 and AS2890.2 Part 2 for the design and layout of parking facilities. DS1.6

 

Council does not encourage, but may consider stacked parking for parking spaces in a controlled parking situation which:

a. allows no more than two cars in the stacked parking arrangement;

b. is likely to maintain a very low turnover; or

c. is able to function easily within the management of the site’s future operation

 

A designated car washing area (which may also be a designated visitor car space) is required for service stations and residential developments of four or more dwellings.

Turning and manoeuvring into and out of car spaces and isle widths are in accordance with Australian Standards

 

The proposal includes 3 stacked/tandem car parking spaces being a total of 6 spaces. Their configuration is generally compliant.

They will align with the 3 bedroom units.

 

 

Car wash bay provided

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

Numerical parking controls

Residential Accommodation

Dwelling (1-2 bedrooms):

1 space per dwelling

Dwelling (3 bedrooms and over):

2 spaces per dwelling Visitor spaces:

1 space per 4 dwellings (or part thereof)

 

Note: Different rates may apply where within 800m of a railway station in accordance with the Apartment Design Guide and the RMS Guide to Traffic Generating Development (2002)

 

3 x 1 bedroom = 3 spaces

7 x 2 bedroom = 7 spaces

3 x 3 bedroom = 6 spaces

Total required = 16 spaces

Visitor spaces required = 3 spaces

 

1 x car wash bay

 

Subtotal required = min 19 spaces (1 visitor space doubles as a car wash bay)

 

Provided = 19 residential spaces

3 x visitor spaces

No visitor spaces are accessible and a condition will require car space No.1 to become a visitor space and V3 converted to a resident car parking space.

 

Yes

 

There are 6 spaces that are designed in a tandem form (spaces 2, 2a, 3, 3a, 4 and 4a) these spaces can be dedicated to the 3 x 3 bedroom units.

 

 

3.3 Access and Mobility

In developments containing five or more dwellings, a minimum of one adaptable dwelling, designed in accordance with relevant Australian Standards must be provided for every ten dwellings or part thereof.

 

Access for all persons through the principal entrance and access to any common laundry, kitchen, sanitary or other common facilities in accordance with relevant Australian Standards.

Apartment 1-1 is nominated as an adaptable apartment.

 

 

 

 

 

 

In general access through the building for people with a disability has been catered for and lift access has been provided to all levels including the roof communal open space.

Yes

 

 

 

3.4 Crime Prevention through Environmental Design

Ensures that the way in which the site, and the buildings within the site, are laid out enhance security and feelings of safety. 

 

Ensures that private and public spaces are clearly delineated

 

Ensures that the design of the development allows for natural surveillance to and from the street and between individual dwellings or commercial units within the site

The design of the building generally complies with the objectives and controls.

Yes

3.5 Landscaping

Site layout and design, including buildings, structures and hardstand, ensures the long term retention and health of existing significant trees and vegetation.

 

Where significant trees or vegetation are required to be removed to allow for site development, they are to be replaced with the same or similar species achieving the same coverage at maturity.

 

The landscaping arrangement is considered to be satisfactory with a reasonable amount of areas of open space and the provision of deep soil areas, trees, plants and denser vegetation has been catered for. However conditions are imposed to improve the functionality, accessibility and useability of the areas of open space and specific landscaping conditions are also included to ensure that trees earmarked for retention are maintained and replacement plant is with mature, appropriate species.

Yes

3.6 Public Domain

Development contributes to the creation of attractive, comfortable and safe streets that comprise consistent and high quality paving, street furniture and street tree plantings.

The front façade and general scale of the building is considered to be an acceptable and reasonable design response for this site. The retention of the large street tree will assist in screening the building.

Yes – will be consistent with the character and form of development in the street.

3.7 Stormwater

A development application is supported by a concept stormwater management plan showing how surface and roof waters are to be discharged by gravity to the street or easement and the size of all pipes.

 

 

Council’s Engineers have reviewed the proposed drainage and stormwater arrangement and have raised no objection subject to the imposition of conditions.

 

There is an existing sewer line traversing the site at the front. No building works or structures affect the sewer and it will be able to be accessed at all times.

Yes

4.1 Residential Flat Buildings

 

Site Frontage

 

 

Isolation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Height

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Excavation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Front Setback

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Landscaping

 

 

 

 

 

 

 

 

 

Solar Access

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Noise

 

 

 

 

Streetscape

 

 

 

 

 

 

 

 

 

 

Fencing

 

 

 

 

 

 

 

 

Site Facilities

 

 

 

 

Min street frontage 24m

 

 

Where an application for a residential flat building will result in the creation of an isolated site, the applicant must show that reasonable efforts have been made to amalgamate the site. Where this has not been achieved, it must be shown that the isolated site is capable of accommodating a suitable development in the future.

 

In order to satisfy this requirement the applicant must provide:

a. evidence of offers made to acquire the site to be isolated (e.g. correspondence including responses to offers) based on at least two independent valuations. These valuations must be based on the site to be isolated forming part of the development site.

b. a schematic design which demonstrates how the isolated site may be developed.

 

In accordance with HLEP 2012 and 3 storeys.

 

 

 

 

 

 

 

 

 

 

 

 

 

The maximum excavation for any building’s finished ground floor level facing a public street is 0.5m below natural ground level.

 

 

 

 

 

 

 

 

 

The minimum setback to a primary or secondary street is 6m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minimum amount of landscaped area of open space is 20% of the Site area

 

Min dimension of landscaped open space is 2m

 

 

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 9.00 am and 3.00 pm on 22 June.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Windows of adjacent dwellings are separated by a distance of at least 3m

 

Development creates a high quality interface between the public and private domain

 

 

 

 

 

 

 

Provides appropriate levels of privacy, security and noise attenuation

 

 

 

 

 

Development provides space for the storage of recyclable goods, either in the curtilage of each dwelling or in a central storage area in larger developments.

 

 

 

 

Street frontage 30.47m

 

The Applicant has provided documentation relating to offers presented to the neighbour at 69 Lawrence Street. Original offers were presented to the neighbour at 69 Lawrence Street in 2016 and the Applicant was requested to update the information.

The Applicant provided an updated valuation report dated October 2018 and has also approached the neighbour to acquire the site based on the updated valuation. The neighbour is still not interested in selling their site.

 

 

 

 

 

 

 

A variation is requested to the 12m height control and Clause 4.6 Statement submitted and assessed above.

 

The building is part 3, part 4 storey.

 

 

 

 

 

 

Excavation exceeds the minimum controls but this is an anticipated design response given the site and the precedent that has been established for new medium density development in the street and the accommodation of vehicles within a basement.

 

Ground Floor = 6m- 6.4m. There is a slight encroachment of the front courtyards.

 

First Floor = 5m to the roof above the main entry and 4.8m to the balconies.

 

Second Floor = 4.8m to the balconies and 5.5m to the bedroom 2 (Apt 3-1)

 

Roof level = 4.8m -5m

 

 

 

 

 

 

Landscaped open space exceeds 28% of the site

 

 

Min dimensions at the front are 4.8m and rear 6m in width.

 

Complies.

69 Lawrence Street is located to the north east of the subject site so the development has minimal affectation during the day in mid-winter due to the orientation.

63 Lawrence Street will be overshadowed by the development from 9am until 12noon. From 12noon until 3pm No.63 will not be affected by the proposal. The development will maintain satisfactory levels of solar access for adjoining properties.

 

Complies

 

 

 

 

The building is generally well articulated and its scale and form is consistent with other existing and approved developments in the immediate visual catchment.

 

No front fencing has been included. A low solid front fence (1m-1.2m) would be desirable with some landscaping being integrated.

 

Storage is provided in accordance with the design criteria of the ADG.

 

 

 

 

Yes

 

 

Yes – Applicant has satisfied DCP provisions in relation to site isolation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No, but the Clause 4.6 variation is considered acceptable and worthy of support.

 

Reads as a 3 storey building from the street and rear as it is appropriately stepped down the site.

 

No but acceptable

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No – The proposal will sit forward of 69 Lawrence St which is setback 8.6m. The 6m front setback control is complied with at most levels with small sections of the building encroaching on this setback in part due to the curvilinear front boundary line.

 

Conditions will ensure the building is setback further in some parts to comply with the 6m requirement.

 

Yes

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes – via conditions

 

 

 

 

 

 

 

Yes compliant with ADG provisions

 

 

IMPACTS

Natural Environment

32.       The proposed development requires the removal of a number of large trees however these cannot be retained due to the location and siting of the building. The rear of the site will comprise of deep soil area and the landscape design seeks to replace these trees with mature species which is an acceptable solution supported by Council’s Landscape Officer.

 

33.       There are two (2) existing street trees located on the nature strip and only one (1) tree will be retained as the driveway affects the location of the other tree (at the front of 65 Lawrence Street). A landscape plan prepared by a qualified landscape architect has been prepared for the development which shows appropriate deep soil planting to the northern boundary and to the communal open space areas on the rooftop. The location and design of the area of communal open space and its relationship to the building and apartments is considered to be poor in particular the area of open space at the rear of the building which will be addressed by the impositions of conditions.

 

34.       The provision of landscaping and the proposed areas of open space are considered to be reasonable and will offer an appropriate level of amenity for the occupants of the development.

 

Built Environment

35.       Unfortunately the proposal will isolate 69 Lawrence Street. The future redevelopment potential of this site will be constrained. The Applicant has fulfilled the requirements of the HDCP in respect to providing several offers to purchase 69 Lawrence Street in line with a number of legitimate market valuations that have been prepared since 2016.

 

36.       69 Lawrence Street will be able to be redeveloped but the scale and form of any future development will be a smaller scale infill development which exists in the streetscape in the form of large two (2) storey dwelling houses and two (2) storey attached dual occupancies. The large street tree which will be retained will screen this site to a large degree and will limit and reduce the difference in scale and height of adjoining properties.

 

37.       The proposed built form, mass and scale is considered to be an acceptable planning and design outcome for the site and is in keeping with the nature and character of development in the area and streetscape.

 

Social Impact

38.       The proposed development will have no adverse social impact.

 

Economic Impact

39.       The proposed development will have no adverse economic impact.

 

Suitability of the site

40.       It is considered that the proposed development is of a scale and density that is suitable for the site and is in accordance with the desired future character of development within this street and locality.

 

SUBMISSIONS AND THE PUBLIC INTEREST

41.       The application was notified/advertised to residents/owners on two (2) occasions in accordance with Council’s requirements, and one (1) submission was received. The comments in the submission relate to the following.

 

·   Privacy and noise generated from the balconies and the roof terrace

Comment: The periphery of the communal roof terrace comprises of planter boxes that restrict access to the edge of that space and will supress any opportunity for overlooking. The roof top area is also setback well over 6m from the front boundary and therefore the total separation distance from development on the opposite side of the street would be well over 15m which is considered an acceptable degree of physical separation.

 

·   Vehicles parking both sides of the street affecting general access and parking for visitors is difficult

Comment: The proposal complies with Council’s DCP numerical requirements for car parking. Three (3) visitor car parking spaces are provided on site in compliance with Council’s requirements. It is acknowledged that the upscale in development in this street has resulted in increased vehicle movements. This proposal is relatively small in scale and is unlikely to generate an unacceptable or substantial amount of traffic movements.

 

·   Garbage collection will be difficult as there is limited spaces on the street.

Comment: Adequate onsite bin storage will be available, but will need to be move kerbside on pick up days. This will need to be managed accordingly by the new occupants within the building.

 

·   Building will have minimal deep soil planting as basement takes up most of the site.

Comment: The building provides for an ample and compliant amounts of deep soil area. The basement has been setback 6m from the front and rear boundaries allowing for these areas to be softly landscaped. 28% of the site comprises of deep soil area which is well in excess of the 7% minimum required by the ADG and the minimum 20% required by the HDCP. The original basement design did take up a larger proportion of the site; however, this has been modified on a number of occasions and created a large area of deep soil at the front and rear of the site.

 

·   Townhouse design better suited for the site like 2 Lawrence Street.

Comment: Given the established streetscape character and that this precinct is not located within a highly accessible area, a townhouse or multi dwelling arrangement may be a more acceptable design solution however the zone does permit RFB’s and the streetscape is changing with the recent construction of similar medium density developments.

 

·   New third level unit provides undue bulk

Comment: The two (2) apartments on the roof level are located to be situated below the height limit and are setback from the front of the building which creates a recessive element which will not be a visually dominating feature or element when viewed from the street. The proposed vergola at the roof level is proposed to be reduced in scale to reduce its dominance and become a more recessive element within the roof scape. The building has been designed to be articulated and comprises of a variety of materials and finishes that breaks up the bulk and provides diversity and modulation (refer to Figure 5 below).

 

Figure 5: 3D Perspective of the front of the building

 

REFERRALS

 

Council Referrals

42.       Development Engineer

Council’s Development Engineer has raised no objection in relation to the stormwater drainage design subject to conditions of consent which are included in the recommended conditions below.

 

Traffic Engineer

Council’s Traffic Engineer has examined the application and has raised no objection to the development subject to conditions of consent requiring the car spaces to comply with the Australian Standard AS2890.

 

Environmental Health Officer

Council’s Environmental Health Officer has raised no objection subject to conditions of consent which are included in the recommended conditions below.

 

Landscape and Tree Management Officer

Council’s Landscape and Tree Management Officer has raised no objection subject to conditions which are included in the recommended conditions below.

 

CONCLUSION

43.       This application has been assessed having regard to the matters for consideration under Section 4.15(1) and 4.15(3) of the Environmental Planning and Assessment Act 1979, the provisions of the relevant State Environmental Planning Policies, Local Environmental Plans and Development Control Plans. The application seeks the construction of a part 3, part 4 storey residential flat building comprising 13 residential apartments, basement car parking for 19 vehicles, site works and associated landscaping.

 

The development has been assessed against the requirements of the relevant planning instruments and development control plans. Following a detailed assessment it is considered that Development Application No DA2016/0224 should be approved subject to the imposition of Deferred Commencement Conditions.

 

DETERMINATION AND STATEMENT OF REASONS

 

44.       The reasons for this recommendation are:

·    The proposed development complies with the requirements of the relevant environmental planning instruments and development control plan except in respect to the height of the development which is considered acceptable having regard to the Clause 4.6 Statement provided which justifies that the variation is reasonable in this case.

·    The proposal is considered to be an appropriate scale and form for the site and the character of the locality. Subject to the implementation of the recommended conditions, the development will have no unacceptable adverse amenity impacts upon the natural or built environment.

·    The functionality, internal amenity and design of the building and its relationship to the area of open space can be improved by the imposition of Conditions.

·    In consideration of the aforementioned reasons, the proposed design of the development is a suitable outcome and the proposed use of the site is in the public interest.

 

DEFERRED COMMENCEMENT

 

A.  THAT pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, the Development Application DA2016/0224 for the construction of a residential flat building with basement parking and associated landscaping and site works at Lot 250 and 251 DP 36317  and known as 65-67 Lawrence Street, Peakhurst, is determined by granting deferred commencement consent

 

B.  This is a “Deferred Commencement” consent that is granted subject to conditions under Section 4.16(3) of the Environmental Planning and Assessment Act 1979 that the consent is not to operate until the person with the benefit of this consent satisfies Georges River Council (“Council”) as to the matters set out in SCHEDULE A below.  The period within which the applicant must produce evidence to the Council sufficient enough to enable it to be satisfied as to the matters in SCHEDULE A is thirty six (36) months from the date this deferred consent is granted.

 

C.  If the person with the benefit of this consent produces evidence to the Council within the period specified sufficient to enable the Council to be satisfied as to the matter set out in SCHEDULE A and the Council notifies the person in writing that it is satisfied as to the relevant matters, the development consent shall become operative subject to compliance with conditions outlined in SCHEDULE B.

 

D.  Should the required information not be provided in the time period nominated above, the deferred commencement consent shall lapse.

 

SPECIFIC DEVELOPMENT CONDITIONS

 

SCHEDULE A Deferred Commencement

 

A.   Design modifications – Pursuant to the Environmental Planning and Assessment Act, 1979, the consent will not operate until such time as the following requirements are provided to the satisfaction of Council’s Manager Development Assessment:

 

i)          In order to improve the relationship of the building and access to the rear area of open space, a staircase shall be incorporated along the eastern side of the site. The accessway shall be setback 900mm from the eastern boundary. This 900mm side setback will include planter boxes with a minimum height of 900mm and will be appropriately landscaped.

ii)         The new accessway along the eastern side shall have a minimum width of 1m.

iii)        The new planter boxes, any boundary fencing and the access path along the eastern side shall be sensitively designed so that it does not adversely affect the integrity of the neighbouring tree and property at 69 Lawrence Street.

iv)        The eastern courtyard to Apartment 1-2 shall be reduced but should maintain a minimum 2m width along this side and shall extend to the rear where it adjoins the deep soil area (6m setback).

v)         The western courtyard located on the ground floor to Apartment 1-3 shall be extended to the rear to include the area adjacent to the basement void and end where the deep soil area begins (6m from the rear boundary).

vi)        A detailed updated Landscape Plan prepared by a Qualified Landscape Architect or equivalent professional shall be provided to include the following details;

·    Solid fixed planter boxes located along the eastern boundary and the proposed planting species and number within these shall be included.

·    A planter box with a minimum width of 900mm and 900mm in height shall be included along the full length of the boundary along the western side of the ground floor courtyard adjoining Apartment 1-3.

·    Treatment of all planting proposed on the roof top.

The Landscape Plan shall include all the proposed planting species, number, quantity and type.

vii)       An updated schedule of proposed colours, materials and finishes shall be submitted to Council.

viii)      The fixed louvres along the southern side of the rear balcony to Apartment 2-3 and 3-3 are to be reduced in width and shall have a maximum width of 1.5m when measured from the western side (adjoining Bedroom 3). The intention is to open up these external spaces and provide for more solar access.

ix)        The study to Apartment 2-4 shall be reduced to have a maximum width of 2.4m so that the size of Bedroom 1 shall be increased with the WIR being moved to the north to accommodate this change.

x)         The floor to floor heights of the ground floor, first, second and third floor will need to be increased to a minimum of 3.050m to accommodate an internal floor to ceiling height of 2.7m. These changes can be accommodated in the following manner;

·    The basement level can be reduced in height by 200mm to achieve a floor to floor height of 2.8m in the basement and the ground floor level lowered by 200mm as ceiling heights in the basement of 2.4m are acceptable given this is not a habitable area. The ground floor level will become RL41.9 as opposed to RL42.1.

·    The additional 50mm increase in height at each level (from 3m to 3.050m) for the ground floor level, first floor level and second floor amounts to a total increase of 150mm. This will be captured by the 200mm reduction in height of the garage and the following levels will result;

Ground Floor: RL41.9 as opposed to RL42.1

First Floor: RL44.95 as opposed to RL45.1

Second Floor: RL48:00 as opposed to RL48.1

Third Floor: RL51.05 as opposed to RL51.1

·    The floor to floor height of Apartments 4-1 and 4-2 (at the third level) will need to be increased by 250mm as currently the floor to floor height at this level is 2.8m and a minimum of 3.050m should be provided. The 250mm increase will result in the overall height of the roof to these Units at RL54.1which is 200mm higher than the existing building. The apartments are located at the rear of the building and currently sited well below the 12m height limit so the 200mm increase will not create any adverse impacts and still achieve compliance with the height control.

·    Given the design changes will affect the height in the basement a minimum clearance of 2.4m needs to be maintained at this level and minimum gradients into the basement need to be complied with. This can be achieved by excavating the basement further and the basement could be moved further to the rear to achieve an adequate gradient without adversely affecting the deep soil area at the rear since the basement is located 3m below the existing ground level at the rear.

vi)        The vergola on the roof is requested to be cut back and reduced in size. The vergola is to only provide protection over the pathway adjoining the lift and stairs and the paths (1m in width) providing access to both apartments on this roof level.

vii)       The courtyard to Apartment 4-1 on the roof level shall be reduced and the balustrade along the eastern side shall be setback and align with the wall of Bedroom 1 and the adjustable louvres shall be reduced in length to 2m.

viii)      The proposed bike rack at the front near the entry is to be deleted as its prominent and within the front setback area.

ix)        The void area above the garage at the rear will be open and not include a roof to allow for the basement to be naturally ventilated.

x)         Car parking space 1 shall be dedicated to the adaptable apartment.

xi)        The location, size and treatment of any ancillary services (booster, electricity substation, and hydrants) need to be shown and designated on the plans.

xii)       Details of the proposed front fencing shall be provided. The front fence shall not exceed 1.2m in height and the upper third of the fence shall be constructed of transparent materials.

 

SCHEDULE B

 

Subject to SCHEDULE A above being satisfied by Council in writing the conditions as follows apply:

 

Section B       Development Details

 

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

Cover Sheet

00

June 2016

Q

Design Workshop Australia

Local Context

03

June 2016

F

Design Workshop Australia

Basement Plan

10

June 2016

Q

Design Workshop Australia

Ground Floor Plan

11

June 2016

C

Design Workshop Australia

First Floor Plan

12

June 2016

Q

Design Workshop Australia

Second Floor Plan

13

June 2016

Q

Design Workshop Australia

Roof Terrace Plan

14

June 2016

Q

Design Workshop Australia

Roof Plan

15

June 2016

Q

Design Workshop Australia

Elevation – South and West

21

June 2016

Q

Design Workshop Australia

Elevations – East and north

20

June 2016

Q

Design Workshop Australia

Sections A and B

30

June 2016

Q

Design Workshop Australia

Schedule of Colours and Materials

N/A

N/A

N/A

Design Workshop Architects

Gross Floor Area Calculations

60

June 2016

Q

Design Workshop Architects

Shadow Diagrams winter 9am-3pm

50

June 2016

Q

Design Workshop Australia

Shadow Diagrams summer 9am-3pm

51

June 2016

Q

Design Workshop Australia

Statement of Environmental Effects

N/A

22/12/2016

N/A

Planning Principles

Drainage Plan

1730-S1/3

9/8/2016

A

John Romanous and Associates

Drainage Plan

1730-S3/3

9/8/2016

A

John Romanous and Associates

Drainage Plan

1730-S2/3

9/8/2016

A

John Romanous and Associates

Survey Plan

S1242CO_EX.dwg

18/11/2016

N/A

Terralinks

Landscape Plan

16-1145/1

8/7/16

A

Captivate Landscape Design

Waste Management Plan

N/A

Undated

N/A

DWA Architects

Access Report

N/A

28 July 2016

N/A

Accessible Building Solutions

Road Traffic Noise Assessment

N/A

2016

N/A

Noise and Sound Services

Aborist Report

N/A

3 July 2016

N/A

Allied Tree Consultancy

Traffic Report

N/A

Aug 2016

N/A

Transport and Traffic Planning Associates

All documentation submitted and approved by Council to respond to the Deferred Commencement conditions in Schedule A of this consent.

 

2.      Demolition of any existing structures on site is not covered by this approval. A separate application will need to be lodged for this purpose. This may be covered by the State Environmental Planning Policy – Exempt and Complying Development.

 

Section C Separate Approval Required Under Other Legislation

 

3.      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.

 

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 Certifier 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.

 

4.      Road Opening Permit - A Road Opening Permit must be obtained from Council 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.

 

5.      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 metre wide footpath for the full length of the frontage of the site in 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 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.

 

(e) Relocation of the existing power pole is to be approved by the relevant authority.

 

Constructing a vehicular crossing and/or footpath requires separate approval under Section 138 of the Roads Act 1993, prior to the commencement of those works.

 

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

 

Section D          Requirements of other Government Authorities

 

7.      Sydney Water – Tap in TM - The approved plans must be submitted to a Sydney Water Tap inTM 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 inTM agent has appropriately stamped the plans prior to the issue of the Construction Certificate.

 

8.      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.

 

9.      Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be submitted to the Principal Certifier prior to the issue of the Occupation Certificate.

 

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

 

11.    Electricity Supply - An application is required to be made to Ausgrid for a network connection. This may require the network to be extended or its capacity augmented. Evidence of this application being lodged with Ausgrid is required to be provided to the Certifying Authority prior to the issue of a Construction Certificate. For further details, you are advised to contact Ausgrid on 13 13 65 or www.ausgrid.com.au (Business and Commercial Services).

 

12.    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.

 

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

 

The following information is to be submitted with a Hoarding Application under s68 of the Local Government Act and s138 of the Roads Act 1993:

 

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

 

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

 

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

 

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

 

(e) The application must be endorsement by the Roads & Maritime Services (RMS) as the hoarding is located within 100m of an intersection with traffic lights. For assistance you should contact the DA unit at RMS and speak to Hans on 88492076. Or email hans.pilly.mootanah@rms.nsw.gov.au to obtain concurrence for the hoarding structure.

 

Section D        Prior to the Issue of a Construction Certificate

 

14.       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.

 

15.       Access for Persons with a Disability - Access for persons with disabilities must be provided throughout the site, including to all common rooms, lobby areas, commercial premises and sanitary facilities in accordance with the requirements of the Premises Standards, the Building Code of Australia and AS 1428.1. Details must be submitted with the Construction Certificate Application.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

19.       Building - Prior to the issue of a Construction Certificate the applicant may be required, under Clause 144 of the Environmental Planning & Assessment Regulation, 2000 to seek written comment from FR NSW about the location of water storage tanks, construction of hydrant/booster pump and valve rooms, and any Fire Engineered Solution developed to meet the performance requirements under the Category 2 Fire Safety Provisions.

 

The applicant is also advised to seek written advice from FR NSW on the location and construction of the proposed Fire Control Centre Facility and location and installation of the sites Fire Indicator / mimic Panels.

 

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

 

21.       Drainage/Stormwater Design Changes - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.

 

The submitted concept hydraulic plan shall be amended to include a kerb inlet pit within the property frontage over the existing Council pipe. Stormwater discharge from the site shall be connected to the new kerb inlet pit.  These design changes are to be incorporated into the Detailed Hydraulic Plans submitted for approval with the Construction Certificate Application. Detail drawings are to be submitted to the approval of the Council’s engineering services unit.

 

22.       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

 

(i)    All stormwater shall drain by gravity to the upper level of Council’s stormwater pipe located under the kerb and gutter by constructing a gully pit with 2400 mm lintel, in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

(ii)   All stormwater drainage from the basement car park shall pump into the control pit of the On-site stormwater Detention tank by a suitably designed sump and pump system;

 

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

 

The underground basement car park must pump to and all other stormwater must drain by gravity to the proposed kerb inlet pit.

 

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

 

23.       Protection of basement from inundation of stormwater - The construction of the building shall be designed to conform to the recommendations and conclusions of Stormwater drainage/Sediment Control Details dated 1730-S1/3 dated 9 August 2016 as prepared by John Romanous and Associates in regards to the protection of the underground basement from possible inundation by surface waters.

 

Evidence from a professional engineer who specialises in hydraulic engineering that this design requirement has been adhered to shall be submitted with the Construction Certificate application.

 

24.       Stormwater Drainage Plan Details - Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a professional engineering specialising in hydraulic engineering shall be submitted with the Construction Certificate application.

 

These plans shall be prepared in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Hurstville Development Control Plan No.1 (Appendix 2)

 

25.       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: $37,660.92.

 

(b)       Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee (for two inspections) to enable assessment of any damage and repairs where required: $310.00.

 

(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.

 

26.       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 S94 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

$37,660.92

Inspection Fee for Refund of Damage Deposit

$310.00

DEVELOPMENT CONTRIBUTIONS

Hurstville Section 94 Development Contributions Plan 2012 - Residential (Community Facilities)

$19,245.31

 

Hurstville Section 94 Development Contributions Plan 2012 - Residential (Open Space, Recreation, Public Domain)

$136,076.02

 

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

The Section 94 contribution is imposed to ensure that the development makes adequate provision for the demand it generates for public amenities and public services within the area.

 

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

 

Indexation

The above contributions will be adjusted at the time of payment to reflect changes in the cost of delivering public amenities and public services, in accordance with the indices provided by the relevant Section 94 Development 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.

 

27.       Acoustic Requirements - The proposed use of the premises and the operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 (as amended) and Regulations.

 

An Acoustic Report shall be prepared by a suitably qualified acoustic consultant demonstrating 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 background LA90, 15 min noise level, measured in the absence of the noise sources under consideration by more than 5dB. The source noise level shall be assessed as an LAeq, 15 min in accordance with the NSW Environment Protection Authority’s NSW Industrial Noise Policy.

 

The acoustic report must also ensure that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

 

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

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

 

The recommendations suggested in the Acoustic Report submitted with the application shall be included in the Construction Certificate Plans.

 

28.       Car Wash Bays - Plans and specifications of the car washing system which has been approved by Sydney Water must be submitted with the application for the Construction Certificate.

 

All car washing bays shall be contained within a roofed and bunded car wash bay with pre-treatment approved by Sydney Water.  The water from the car wash bay must be graded to a drainage point and connected to sewer.

 

If alternative water management and disposal options are proposed (i.e. where water is recycled, minimised or reused on the site), detailed plans and specifications of the water recycling system must be submitted with the application for the Construction Certificate for approval.

 

29.       Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Captivate Landscape Design, reference numbers – 16 – 1145/1 of 1. The landscaping shall be maintained in accordance with the approved plans in perpetuity.

 

30.       General Landscape Requirements

 

a)   The proposed tree and plant species, pot/ bag size and quantities of plants shall be in accordance with the proposed plant schedule upon the landscape plan. If plant species, pot/ bag size and quantities cannot be sourced, Council shall be contacted for alternatives.

 

b)   All twenty two (22) trees proposed upon the approved landscape plan shall comply with NATSPEC Specifying Trees: a guide to assessment of tree quality (2003), and be planted and maintained in accordance with Australian Standards and Councils standard specification.

 

31.       Tree Protection and Retention - The following trees shall be retained and protected:

 

Tree Species

Location of Tree / Tree No.

Tree Protection Zone (metres)

Fencing distance from trunk

T1 - Lophostemon confertus

Councils street tree

8.0 metres radially

T2 - Syncarpia glomulifera

Within 69 Lawrence St, side fence

6.2 metres radially

T4 - Brachychiton acerifolius

Within backyard of 67 Lawrence, subject site

4.3 metres radially

T5 – Ficus rubiginosa

Within backyard of 67 Lawrence St

6.2 metres radially

T7 – Jacaranda mimosifolia

Within backyard of 67 Lawrence St

5.2 metres radially

T17 – Jacaranda mimosifolia

Within backyard of 65 Lawrence St

3.0 metres radially

T18/ 19 – Archontophoenix cunninghamiana

Within backyard of 65 Lawrence St

2.5 metres radially

T21 – Eucalyptus cladocalyx

Within backyard of 65 Lawrence St

6.0 metres radially

 

Details of the trees to be retained must be included on the Construction Certificate plans.

 

General Tree Protection Measures – the following measures are to be adhered to;

 

(a)  All trees to be retained shall be protected before and maintained during demolition, excavation and construction of the site. 

(b)  The tree protection measures must be in undertaken in accordance AS4970 -2009 Protection of trees on development sites. 

(c)  Details of the tree protection measures to be implemented must be provided with the application for a Construction Certificate by a suitably qualified Arborist who holds an AQF Level 5 or above in Arboriculture and who is a current financial member of Arboriculture  Australia – AA and or Institute of Australian Consulting Arboriculturists – IACA.

(d)  The Project Arborist must be present on-site during the stages of excavation, demolition and construction when works are being undertaken that could impact on the tree canopy or root zone within the tree protection zone of each tree.

(e)  Unless otherwise specified in AS 4970-2009 Protection of trees on development sites, a protective fence consisting of 2.4 x 1.8 metres high, fully supported chainmesh fence shall be used. The distance of the fence from the base of each tree is to be in accordance with the TPZ listed in the table above. A layer of organic mulch 100 millimetres thick shall be placed over the protected area and no soil or fill should be placed within the protection area.

(f)   The Tree Protection Zone of each tree, to be protected, shall be watered thoroughly and regularly to minimise the effects of construction works.

(g)  No building products/ materials or services shall be installed within the TPZ of the tree/s unless approved by Council. This fence shall be kept in place during demolition, construction and also have a sign displaying ‘Tree Protection Zone – DO NOT ENTER’ attached to the fence and must also include the name and contact details of the Project Arborist.

 

Excavation works near tree to be retained – the following measures are to be adhered to;

Excavations around the trees to be retained on site or the adjoining properties shall be supervised by the Project Arborist to ensure that the root system will not adversely be affected.

Where the Tree Protection Zone (TPZ) 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.

 

(h)  Tree Protection Zone around the trees to be retained are not to have soil level changes, building product / materials stored or services installed in this area. Any structures proposed to be built in this area of the trees are to utilise pier and beam or cantilevered slab construction.

 

Details satisfying this condition shall be shown on the Construction Certificate plans.

 

Removal or pruning of any other tree (that would require consent of Council) on the site is not approved. All pruning must be undertaken by a qualified Arborist in accordance with AS4373 -2007 Pruning of Amenity Trees and Amenity Tree Industry, Code of Practice (SafeWork NSW August 1998).

 

32.       Tree Removal & Replacement  - Permission is granted for the removal of the following trees as illustrated, using reference locations ONLY

 

Tree Species

Number of trees

Location

T3 – Syncarpia glomulifera

X1

Within backyard of 67 Lawrence St

T6 – Pittosporum undulatum

X1

Within backyard of 67 Lawrence St

T8 – Schefflera actinophylla

X1

Within backyard of 67 Lawrence St

T9 – Archontophoenix cunninghamiana

X1

Within backyard of 67 Lawrence St

T10 – Lophostemon confertus

X1

Council street tree – already removed

T11 – Polyspora axillaris

X1

Within 65 Lawrence St – already removed

T12 – Magnolia Sp

X1

Within 65 Lawrence St – already removed

T13/ 14/15 – Lagerstroemia indica

X1

Within 65 Lawrence St – already removed

T16 – Callistemon viminalis

X1

Within 65 Lawrence St – already removed

T20 – Eucalyptus nicholli

X1

Within backyard of 65 Lawrence St

T22 – Schefflera actinophylla

X1

Within backyard of 65 Lawrence St

 

General Tree Removal Requirements

(a) All tree removal shall be carried out by a minimum certificate Level 3, Licenced and insured 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.

 

Street Tree Removal / Replacement by Council 

(a) One (1) street tree of species to be determined must be provided in the road reserve fronting the site, to replace T10.

 

o Council shall be appointed to remove and plant all tree/s on public land. All costs associated with the removal of the tree/s and 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.

 

Fee Type – Tree removal on public land

Amount

Administration Fee for Tree Removal

$154.50

Replacement Tree Fee (per Tree)

$185.40

Cost of tree removal

To be determined

Cost of Stump Grinding

To be determined

 

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.

 

33.       Pre-construction Dilapidation Report - A professional engineer specialising in structural or geotechnical engineering shall prepare a Pre-Construction Dilapidation Report detailing the current structural condition of adjoining premises that shall 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.

 

34.       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).

 

35.       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.

 

36.    Site contamination – Additional information - Any new information that comes to light during demolition or construction which has the potential to alter previous conclusions about site contamination and remediation must be notified to Council and the accredited certifier immediately.

 

37.    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).

 

(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.

 

(c)  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).

 

(d) The underground basement car park must pump to and all other stormwater must drain by gravity to the OSD system.

 

(e) The construction of the building and driveway shall be designed to protect the underground basement from possible inundation by surface waters. The crest of the driveway shall be set least 150 mm above the top of the kerb levels.

 

(f)   The sub soil drainage for the below ground structures including basement car parks  shall be designed in accordance with the findings and recommendations in the geotechnical report. The geotechnical report should assess any possible impact of the proposed development upon existing ground water table and surrounding land and buildings. Should the results of the report indicate that the site is likely to experience issues associated with groundwater management, a fully-tanked dry basement with no sub soil drainage collection or disposal and an allowance made for any hydrostatic pressures.

 

(g) All roof water and surface water from paved or concreted areas are to be disposed of in accordance with the Stormwater Plan by means of a sealed pipeline constructed in accordance with AS/NZS 3500.3:2015.

 

(h)  All overflows of roof waters from any rainwater tank 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).

 

(i)   All other impervious surface water runoff such as driveways and footpaths shall drain by gravity to Council’s kerb and gutter directly in front of the development site.

 

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

 

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

 

The design of this proposed drainage system must be prepared by a professional engineer who specialises in hydraulic engineering and be submitted for approval with the Construction Certificate application.

 

(k)  Where the approved concept plan provides an absorption system, the final plan must be accompanied by a report and results of a recognised Falling Head Test or a Constant Head Test. The testing is to be conducted at the proposed location of the absorption system. The On-Site Stormwater Absorption System is to be designed using the hydraulic conductivity of the site and in accordance with Councils Water Management Policy. Note: The factor of safety(s) for the soil infiltration rate may be reduced to one not five as quoted in the Water Management Policy.

 

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

 

The design of this proposed drainage system must be prepared by a professional engineer who specialises in Hydraulic Engineering. Certification of the adequacy of the absorption trench system for the surface area being drained shall also be provided by the hydraulics engineer.

 

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

 

All stormwater shall drain to Council’s kerb and gutter directly in front of the development site by a suitably designed sump and pump system;

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

 

The design of this proposed drainage system must be prepared by a professional engineer who specialises in hydraulic engineering and be submitted for approval with the Construction Certificate application.

 

(m)                       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.

 

38.    Development Engineering - Driveway Construction Plan Details - Engineer's details shall be submitted with the Construction Certificate application regarding the proposed construction of the driveway.

 

These details shall show longitudinal and cross sections, gradients, swept paths, type of construction materials and shall be designed in accordance with AS/NZS2890.1-2004.

The driveway shall be designed with a surface that shall be non-slip.

 

39.    Development Engineering – Existing Sewer Main - Council’s records indicate that a Sewer main passes through the site.

 

The requirements of Sydney Water shall be satisfied for the construction of the proposed building.

 

40.    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)   Maximum Site Discharge to be provided in accordance with the Stormwater Concept Plan and associated Design Assessment Report. The overflow is to be directed to the site drainage system.

 

(b)   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,

 

(c)   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.

 

41.      Detailed Stormwater Drainage Design - The submitted stormwater plan has been assessed as a concept plan only. A detailed drainage design supported by a catchment area plan and drainage calculations (including a Hydraulic Grade Line Analysis) must be submitted with the Construction Certificate application.

 

42.      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.

 

43.       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.

 

44.       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.

 

45.       Waste Storage - The plans shall include details of the waste storage area. The waste storage area shall not be visible from the street. The waste storage area shall be located within the lot/building in accordance with the approved plans.

 

The waste storage area shall be large enough to accommodate the required number of bins for the development and located in an area to suitably facilitate servicing on waste collection day.

 

The path to the bin room is to be at least 1.0 metres wide and kept clear and unobstructed at all times.

The waste room will contain the following to minimise odours, deter vermin, protect surrounding areas, and make it a user-friendly and safe area:

 

·     waste room floor to be sealed;

·     waste room walls and floor surface is flat and even;

·     all walls painted with light colour and washable paint;

·     equipment electric outlets to be installed 1700mm above floor levels;

·     The bin storage rooms will be mechanically exhausted as required by AS 1668.2;

·     light switch installed at height of 1.6m;

·     waste rooms must be well lit (sensor lighting recommended);

·     optional automatic odour and pest control system installed to eliminate all pest

·     types and assist with odour reduction - this process generally takes place at building handover - building management make the decision to install;

·     all personnel doors are hinged and self-closing;

·     waste collection area must hold all bins - bin movements should be with ease of access;

·     conform to the Building Code of Australia, Australian Standards and local laws; and childproofing and public/operator safety shall be assessed and ensured.

·     Occupational Health and Safety issues such as slippery floors in waste rooms and the weight of the waste and recycling receptacles will need to be monitored.

·     Cleaners will monitor the bin storage area and all spills will be attended to immediately by cleaners.

 

46.       BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 754236M_02, dated 24 November 2017 must be implemented on the plans lodged with the application for the Construction Certificate.

 

47.       Consolidation of Site - The site shall be consolidated into one allotment and by a Plan of Consolidation being prepared by a Registered Surveyor. This Plan shall be registered at the NSW Land and Property Information prior to the issue of a final occupation certificate.

 

48.       SEPP 65 Design Verification Statement - A design verification statement, prepared by Robert Gizzi, shall be submitted to the Certifying Authority verifying that the plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles set out under Schedule 1 of State Environmental Planning Policy No 65 -Design Quality of Residential Flat Development.

 

49.       Design Quality Excellence (Major Development) -

(a) In order to ensure the design quality excellence of the development is retained:

 

i.   The design architect, Robert Gizzi is to have direct involvement in the design documentation, contract documentation and construct stages of the project;

ii.  The design architect is to have full access to the site and is to be authorised by the applicant to respond directly to the consent authority where information or clarification is required in the resolution of the design issues throughout the life of the project;

iii. Evidence of the design architect’s commission is to be provided to the Council prior to release of the Construction Certificate.

 

(b) The design architect of the project is not to be changed without prior notice and approval of the Council.

 

50.       Allocation of street addresses - In order to comply with AS/NZS 4819:2011 Rural and Urban Addressing & the NSW Addressing User Manual (Geographical Names Board of NSW) and Georges River Council’s requirements, the street addresses for the subject development must be allocated as advised by Georges River Council.

         

Details indicating compliance with this condition must be shown on the plans lodged with any Construction Certificate for approval.

 

51.       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 with a common boundary to the subject site

 

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.

 

Section E Prior to the Commencement of Work (Including Demolition & Excavation) 

 

52.       Development Engineering – Physical connection of Stormwater to site - No work is permitted to proceed above the ground floor slab level of the building until there is physical connection of the approved stormwater drainage system from the land the subject of this consent to Council's drainage network in Lawrence Road.

 

Stormwater drainage connection to Council’s infrastructure shall be carried out to the satisfaction of the Council’s engineering services unit.

 

53.       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.

 

54.       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.

 

55.       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.

 

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

 

57.       Stormwater drainage works – Works As Executed - Prior to the issue of the Occupation Certificate, storm water drainage works are to be certified by a professional engineer specialising in hydraulic engineering, with Works-As-Executed drawings supplied to Council detailing:

 

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

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

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

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

 

58.    Dilapidation Report on Public Land - Prior to the commencement of works (including demolition and excavation), a dilapidation report must be prepared for the Council infrastructure adjoining the development site.  The report must include the following:

 

(a) Existing stormwater drainage pipe

(b) Existing kerb and gutter

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

(d) Photographs showing the existing condition of the kerb and gutter fronting the site

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

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

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

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

 

The Dilapidation Report must be prepared by a qualified structural engineer.  The report must be provided to the Certifier 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.

 

Section F        During Construction

 

59.       Engineering - Vehicular Crossing & Frontage work – Major Development - The following vehicular crossing and road frontage works will be required to facilitate access to and from the proposed development site:

 

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

 

(b)     Construct a 150mm thick concrete vehicular crossing reinforced with F82 fabric 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 Lawrence 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 beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.  The work shall be carried out by a private contractor, subject to Council approval.

 

60.       Hazardous Waste - Hazardous or intractable waste arising from the demolition or construction process shall be removed and disposed of in accordance with the requirements of SafeWork NSW and the NSW Environment Protection Authority and with the provision of:

 

·     Work Health and Safety Act 2011 (NSW) (as amended);

·     Work Health and Safety Regulation 2011 (as amended);

·     Protection Of the Environment Operations Act 1997 (NSW) (as amended); and

·     Protection of the Environment Operations (Waste) Regulation 2014 (as amended)

 

61.       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.

 

62.       Physical connection to Stormwater to site - No work is permitted to proceed above the ground floor slab level of the building until there is physical connection of the approved stormwater drainage system from the land the subject of this consent to Council's kerb and gutter system at Park Road.

 

63.       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.

 

64.       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.

 

65.       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.

 

66.       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.

 

67.       Building - Structural Certificate During Construction - The proposed building must be constructed in accordance with details designed and certified by the practising qualified structural engineer. All structural works associated with the foundations, piers, footings and slabs for the proposed building must be inspected and structurally certified for compliance by an independent practising geotechnical and structural engineer.  In addition a Compliance or Structural Certificate, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority at each stage of Construction or prior issue of the Occupation Certificate.

 

68.       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 infrastructure.

 

Section G        Prior to the issue of the Occupation Certificate

 

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

 

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

 

(a)    Unit Numbering

Apartment type numbers shall be installed adjacent or to the front door of each unit.

The unit number shall coincide with the strata plan lot numbering.

 

(b)    Car Parking  Space Marking and Numbering

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

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

 

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

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

 

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

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

 

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

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

 

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

 

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

 

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

 

(e)     On Site Detention Requirements

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

 

(f)      Creation of Positive Covenant

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

71.       Maintenance Schedule - On-site Stormwater Management - A Maintenance Schedule for the proposed on-site stormwater management measures is to be prepared and submitted to Council. The Maintenance Schedule shall outline the required maintenance works, how and when these will be done and who will be carrying out these maintenance works.

 

72.       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 (as applicable):

 

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

 

(b) Finished site contours at 0.2 metre intervals (if applicable)

 

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

 

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

 

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

 

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

 

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

 

73.       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 of the site in Lawrence Street as required by Council 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.

 

74.       Stormwater drainage works - Works As Executed – 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:

 

·    The location of any detention basin/s with finished surface levels;

·    Volume of storage available in any detention areas;

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

·    The orifice size/s.

 

75.       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) 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.

 

76.       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 including:

 

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.

 

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

 

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.

 

78.    Allocation of street addresses - Prior to issue of an Occupation Certificate, All house numbering are to be allocated in accordance with AS/NZS 4819:2011 Rural and Urban Addressing & the NSW Addressing User Manual (Geographical Names Board of NSW) and Georges River Council’s requirements. Council must be contacted in relation to all specific requirements for street numbering.

 

79.    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.

 

80.    Building - Structural Certificates - The proposed structure must be constructed in accordance with details designed and certified by the practising qualified structural engineer. In addition, Compliance or Structural Certificates, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority prior issue of the Occupation Certificate.

 

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

 

82.       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.

 

83.       Electricity Supply - Evidence shall be provided demonstrating that the development has been connected to the Ausgrid, if required.

 

84.       Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate. All landscape works must be completed before the issue of the Final Occupation Certificate in accordance with the approved landscape Plans.

 

All proposed trees and plants nominated to be planted within the plant schedule, shall be true to Botanical name, pot size and quantities used as described. If plant species and or pot size cannot be sourced, Georges River Council need to be notified for suitable replacements before purchasing.

 

85.       Allocation of car parking spaces - Car parking associated with the development is to be allocated as follows:

 

(a) Residential dwellings: 13 car spaces 

(b) Residential visitors: 3 car spaces which shall remain as common property

(c)  Carwash bay: 1 car wash bay (a visitor space is to double as a car wash bay)

 

86.       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.

 

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

 

88.       Acoustic Compliance - General Operation of Premises - The proposed use of the premises and the operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 (as amended) and Regulations.

 

A suitably qualified person shall certify that the operation of the plant equipment shall not give rise to sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise sources under consideration by more than 5dB.  The source noise level shall be assessed as an LAeq, 15 min in accordance with the NSW Environment Protection Authority’s “NSW industrial Noise Policy.

 

Certification must be submitted to the PCA prior to the issue of any Occupation Certificate.

 

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

 

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

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

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

 

90.       Certification - Air handling systems (including water-cooling system, hot-water systems and warm-water systems) - Certification by a suitably qualified person engineer ‘2012 must be submitted to the PCA prior to the issue of any occupation certificate  verifying that the air handling system has been installed in accordance with:

 

(a) Public Health Act 2010 (as amended)

(b) Public Health Regulation 2012 (as amended)

(c) AS/NZS 3666.1:2011 Air-handling and water systems of buildings -Microbial control -Design, installation and commissioning

 

91.       Final Acoustic Report – Verification of Noise report - Within three months from the issue of an Occupation Certificate, an acoustic assessment is to be carried out by an appropriately qualified acoustic consultant, in accordance with the EPA's Industrial Noise Policy and submitted to Council for consideration.  This report should include but not be limited to, details verifying that the noise control measures as recommended in the acoustic report submitted by Noise and Sound Services and dated August 2016, are effective in attenuating noise to an acceptable noise level and that the use is not likely to give rise to ‘offensive noise’ as defined under the provision of the Protection of the Environment Operation Act 1997 (as amended).

 

Section H        Operational Conditions (Ongoing)

 

92.       Activities and storage of goods outside buildings - There shall be no activities including storing or depositing of any goods or maintenance to any machinery external to the building with the exception of waste receptacles.

 

93.       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).

 

94.       Operation of Air Handling Systems - The occupier must operate air handling systems in compliance with Part 2 of the Public Health Regulation 2012 (as amended).

 

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

 

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

 

95.       Outdoor Lighting - To avoid annoyance to the occupants of adjoining premises or glare to motorist on nearby roads, outdoor lighting must comply with AS 4282-1997: Control of the obtrusive effects of outdoor lighting.

 

96.       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.

 

97.       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.

 

98.       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. The maintenance schedule shown on the approved landscape plan is to be undertaken in accordance with the details of that schedule. On the completion of the 12 month maintenance period, the landscape works shall be inspected and at the satisfaction of the landscape architect (PDS Paterson Design Studio), the responsibility will be signed over to the client.

 

99.       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.

 

100.    Activities and storage of goods outside buildings - There shall be no activities including storing or depositing of any goods or maintenance to any machinery external to the building with the exception of waste receptacles.

 

101.    Smoking - The premises must comply with the Smoke Free Environment Act 2000 (as amended).

 

102.    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.

 

Section I   Operational Requirements Under The Environmental Planning And Assessment Act 1979

 

103.    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.

 

104.    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.

 

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

 

A Notice of Commencement Form is attached for your convenience.

 

106.    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.

 

107.    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.

 

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

 

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

 

An Occupation Certificate Application Form is attached for your convenience.

 

Section J        Prescribed Conditions

 

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

 

110.    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.

 

111.    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.

 

112.    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.

 

113.    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.

 

END CONDITIONS

 

NOTES/ADVICES

 

114.    Review of Determination - Section 82A of the Environmental Planning and Assessment Act confers on an applicant who is dissatisfied with the determination of the application the right to lodge an application with Council for a review of such determination.  Any such review must however be completed within 6 months from its determination.  Should a review be contemplated sufficient time should be allowed for Council to undertake public notification and other processes involved in the review of the determination.

 

Note: review provisions do not apply to Complying Development, Designated Development, State Significant Development, Integrated Development or any application determined by the Sydney South Planning Panel or the Land & Environment Court.

 

115.    Appeal Rights - Division 8 (Appeals and Related matters) Part 4 of the Environmental Planning and Assessment Act 1979 confers on an applicant who is dissatisfied with the determination of the application a right of appeal to the Land and Environment Court of New South Wales.

 

116.    Lapsing of Consent - This consent will lapse unless the development is physically commenced within 5 years from the Date of Operation of this consent, in accordance with Section 95 of the Environmental Planning and Assessment Act 1979 as amended.

 

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

 

118.    Energy Efficiency Provisions - Should Council be appointed as the Principal Certifying Authority, a report prepared and endorsed by an Energy Efficiency Engineer or other suitably qualified person must be submitted, detailing the measures that must be implemented in the building to comply with Section J of the BCA. The proposed measures and feature of the building that facilitate the efficient use of energy must be identified and detailed on the architectural plans. At completion of the building and before the issue of an Occupation Certificate, a certificate certifying that the building has been erected to comply with the energy efficiency provisions must be submitted to the Principal Certifying Authority.

 

119.    Compliance with Access, Mobility and AS4299 - Adaptable Housing - Should the Council be appointment as the PCA, the Construction Certificate Application must be accompanied by detailed working plans and a report or a Certificate of Compliance from an Accredited Access Consultant certifying that the building design and access to the adaptable units complies with Council’s DCP and AS 4299 Adaptable Housing.

 

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

 

·    Mechanical ventilation to bathroom, laundry and basement areas not afforded natural ventilation.

·    Provision of natural light to all habitable areas.

·    Fire-fighting services and equipment including hydrant and booster assembly systems, sprinkler and valve room systems, hose reels, portable fire extinguishers, smoke hazard management systems and sound & warning systems.

·    Emergency lighting and exit signs throughout, including terrace areas, lobby and basement areas.

·    Construction of all fire (smoke) doors including warning and operational signage to required exit and exit door areas.

·    Egress, travel distance and the discharge from an exit including the swing of exit doors.

·    The protection of openings including spandrel separation.

·    Fire compartmentation and fire wall separation details including all stairway, lift and service shaft areas.

·    Protection of openings including paths of travel from fire isolated exists

·    Re-entry facilities from fire isolated exit stairways.

·    Sound transmission and insulation details.

·    Window schedule is to include the protection of openable windows.

·    The location of sanitary facilities for employees in accordance with Table F2.1

 

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

 

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

 

121.    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).

 

122.    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.

 

123.    Electricity Supply - This development may need a connection to the Ausgrid network which may require the network to be extended or its capacity augmented. You are advised to contact Ausgrid on 13 13 65 or www.ausgrid.com.au (Business and Commercial Services) for further details and information on lodging your application to connect to the network.

 

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

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

 

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

 

(a) Unit Numbering

Apartment type numbers shall be installed adjacent or to the front door of each unit.

 

The unit number shall coincide with the strata plan lot numbering.

 

(b) Car Parking Space Marking and Numbering

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(e)     On Site Detention Requirements

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

 

(f)      Creation of Positive Covenant

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

 

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

 

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

 

125.    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.

 

126.    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. DA2017/0491) 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.

 

 

 

 

ATTACHMENTS

Attachment 1

South and west elevation plan - 65 -67 Lawrence St Peakhurst

Attachment 2

North and east elevation plan - 65 - 67 Lawrence St Peakhurst

 


Georges River Council - Georges River Local Planning Panel (LPP) - Monday, 3 December 2018

LPP055-18              65-67 Lawrence Street Peakhurst

[Appendix 1]           South and west elevation plan - 65 -67 Lawrence St Peakhurst

 

 

Page 106

 


Georges River Council - Georges River Local Planning Panel (LPP) - Monday, 3 December 2018

LPP055-18              65-67 Lawrence Street Peakhurst

[Appendix 2]           North and east elevation plan - 65 - 67 Lawrence St Peakhurst

 

 

Page 107

 


Georges River Council – Local Planning Panel   Monday, 3 December  2018

Page 108

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Monday, 03 December 2018

 

LPP Report No

LPP056-18

Development Application No

MOD2018/0096

Site Address & Ward Locality

367 Princes Highway Carlton

Kogarah Bay Ward

Proposed Development

Modificiation Application - Relocation of an internal stairway, alterations to the sizes of the first and second floor units, and alteration of the roof design

Owners

Mrs D Leo, Mr B C Leo, Mrs M N Leo

Applicant

HTC Builders

Planner/Architect

Architect - BKA Architecture

Date Of Lodgement

25/07/2018

Submissions

No submissions were received

Cost of Works

$250,000.00

Local Planning Panel Criteria

Reason to be referred to the Panel as the application is subject to State Environmental Planning Policy 65 – Design Quality of Residential Flat Development as referenced in Schedule 1, 4(b) of the Local Planning Panels Direction – Development Applications dated 23 February 2018 as required to be determined by the Local Planning Panel

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. 65 – Design quality of Residential Flat Development, State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy (Infrastructure) 2007, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Draft State Environmental Planning Policy (Environment),

State Environmental Planning Policy (Infrastructure) 2007, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Draft State Environmental Planning Policy (Environment),

Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013

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

Architectural Plans prepared by BKA Architecture

Statement of Environmental Effects

  

 

Report prepared by

Development Assessment Planner

  B 

 

 

Recommendation

That the application be approved in accordance with the amended conditions included in this 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 satsfied 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 and conditions requiring design changes

 

Site Plan

Figure. 1:  Aerial Plan of subject site (outlined in red)

 

Executive Summary

 

Proposal

1.           The proposal is for a modification to an approved development – DA33/2015 which consisted of demolition of the existing roof structure and construction of an additional storey, containing two (2) by one (1) bedroom residential units.

 

2.           This modification seeks to relocate the internal stairway, reduce the floor space for two of the one (1) bedroom units and conversion to studio units, increase the floor space of unit 4, and alterations to the roof design under Modification Application MOD2018/0096.

 

Site and Locality

3.           The subject site is identified as 367 Princes Highway, Carlton (the site) and is legally described as Lot 101 DP810718.

 

4.           The site is located on the north western side of Princes Highway with a secondary street frontage to Park Road, which is a signalised intersection. Vehicular access is via an unnamed lane running parallel to Princes Highway off Park Road while pedestrian access is via Park Road on the southern façade.

 

5.           The site comprises has street frontage widths of 13.7m to Princes Highway and 30.025m to Park Road with an overall site area of 471.3sqm.  The site currently contains a ground floor commercial component which includes a showroom area, toilet amenities, plant and machinery area, garbage and loading bay area (currently used as a display area) with an entry and access stairs to the upper level. The existing first floor contains two (2) by one (1) bedroom residential units which are proposed to be retained.

 

6.           The surrounding area includes commercial and residential which is a mixture of low scale dwellings, shop top housing and a fast food restaurant.

 

 

Figure 2:  Site Plan & Site Analysis of subject site

 

Figure 3 – Front façade of commercial component of the subject development site

 

Figure 4 – Rear of site, existing units with garage parking

 

Figure 5 – Single and 2 storey detached dwellings to the north west of the site known as 49, 53 and 55 Park Road, Carlton

Figure 6 – Commercial premises to the west of the site know as 373-381 Princes Highway, Carlton

 

Zoning and Permissibility

7.           The site is zoned B2 - Local Centre Zone under Kogarah Local Environmental Plan 2012 (KLEP) and the proposed modification being ancillary works to the approved shop top housing development is permissible with Council’s consent. The proposed modification satisfies all relevant clauses contained within KLEP.

 

Zoning Map – site outlined in red

 

Development Control Plan

8.           The Kogarah Development Control Plan 2013 (KDCP) provides detailed provisions to guide development to achieve the objectives of the KLEP, providing detailed controls and objectives for residential and commercial development. The proposed modification complies with the relevant clauses of the KDCP.

 

Level of Determination

9.           The application is referred to the Local Planning Panel for determination as the proposal relates to shop top housing which is subject to the provisions of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development as outlined in Schedule 1, 4(b) of the Local Planning Panels Directions – Development Applications dated 23 February 2018.

 

Submissions

10.         The application was neighbour notified twice during the assessment of the application with the most recent notification being from 26 October 2018 to 9 November 2018.  No submissions were received following both notification periods.

 

Conclusion

11.         Having regard to the Heads of Consideration under Part 4.15 of the Environmental Planning and Assessment Act 1979, Modification Application No. MOD2018/0096 is recommended for approval subject to amended conditions.

 

Report in Full

 

Proposal

12.         The proposal is for a modification to an approved development which consisted of demolition of existing roof structure and construction of an additional storey, containing two (2) by one (1) bedroom residential units.

 

13.         This modification seeks to relocate the internal stairway, reduce the floor space of two (2) of the one (1) bedroom units and conversion to studio units, increase floor space of unit 4, and alterations to the roof design under Modification Application MOD2018/0096.

 

14.         Specifically the application proposes:

 

Ground Floor

·     No alterations to ground floor.

 

First Floor

·     Relocation of internal stairs.

·     Retain the floor area of Unit 2.

·     Reduce the size of Unit 1 by 6.5sqm from 55sqm to 48.5sqm and amend internal layout to convert to a studio unit.

 

Second Floor

·     Relocation of internal stairs.

·     Increase Unit 4 by 11sqm from 50sqm to 61sqm.

·     Reduce the size of Unit 3 by 10sqm from 57sqm to 47sqm and amend internal layout to convert to a studio unit.

 

Roof Design

·     Alteration to the line of the roof box gutter.

 

Site and Locality

15.         The subject site is identified as 367 Princes Highway, Carlton and is legally described at Lot 101 DP810718.

 

16.         The site is located on the north western side of Princes Highway with a secondary street frontage to Park Road, which is a signalised intersection. Vehicular access is via an unnamed lane running parallel to Princes Highway off Park Road while pedestrian access is via Park Road on the southern façade.

 

17.         The site comprises has street frontage widths of 13.7m to Princes Highway and 30.025m to Park Road with an overall site area of 471.3sqm. The site currently contains a ground floor commercial component which includes a showroom area, toilet amenities, plant and machinery area, garbage and loading bay area (currently used as a display area) with an entry and access stairs to the upper level. The existing first floor contains two (2) by one (1) bedroom residential units which are proposed to be retained.

 

18.         The surrounding area includes commercial and residential which is a mixture of low scale dwellings, shop top housing and a fast food restaurant.

 

Figure 9 – South, east and west elevations

 

Background

19.        

19 August 2017

Development Consent No. DA33/2015 issued was for “Additional floor (2 residential units) on existing structure”

25 July 2018

Modification No. MOD2018/0096 (this application) was submitted

8 October 2018

After preliminary assessment the applicant was requested to amend the modification as Units 1 and 3 did not meet the requirements for minimum size for one bedroom units under the requirements of SEPP65.  Units 1 and 3 are to be converted to studio units.

23 October 2018

Amended plans were submitted to Council on 23 October 2018

 

APPLICABLE PLANNING CONTROLS

Statutory Consideration

 

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

20.         The following Environmental Planning Instruments are relevant to this application:

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

·     State Environmental Planning Policy No 55 - Remediation of Land;

·     State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development;

·     State Environmental Planning Policy (Infrastructure) 2007;

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

·     Draft Environment State Environmental Planning Policy;

·     Kogarah Local Environmental Plan 2012; and

·     Kogarah Development Control Plan.

 

Assessment having regard to the relevant State Environmental Planning Policies is detailed below:

 

Deemed State Environmental Planning Policy – Georges River Catchment

21.         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 and the original engineering conditions of consent. No changes to the stormwater design are required as a result of change in the roof design.

 

State Environmental Planning Policy No 55 – Remediation of Land

22.         The approved development was for construction of a two residential units over an existing structure. This application seeks approval for internal alterations, accordingly, there are no earthworks proposed.

 

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 No 65 — Design Quality of Residential Apartment Development

23.         The proposed modification has been reviewed having regard to the Principles of this State Environmental Planning Policy, comments are provided below.

 

Principle 1 – Context and Neighbourhood Character

24.       Comment: The approved development was for a three (3) storey shop top accommodation consisting of the existing commercial space at ground level, existing two (2) by one (1) bedroom units on level 1 and the construction of an additional storey consisting of two (2) by one (1) bedroom units creating a third level to the shop top development.

 

The site is located on the corner of two busy arterial roads, Princes Highway and Park Road. Adjacent to the site is an unnamed rear lane with parking which has previously been dedicated to Council.

 

There exists a mix of shop top accommodation, single and two storey detached dwellings, commercial premises and a fast food restaurant in the vicinity.

 

The development is consistent with the context of the neighbourhood character.

 

Principle 2 – Built Form and Scale

25.         Comment: The approved development is a three (3) storey structure with a maximum height of 9.57m and conforms to the LEP height control of 21m. The proposed modification being internal alterations and a minor amendment to the box gutters does not alter the approved built form or scale of the structure.

 

Principle 3 – Density

26.       Comment: The approved development complies with the relevant setbacks and is under the height control. The proposed modification being internal alterations and minor amendment to the box gutters does not alter the density of the structure. The unit mix within the development is altered given the reduction in the unit size.

 

Principle 4 – Sustainability

27.       Comment: The application is subject to BASIX.  A BASIX certificate was lodged with the approved development.  As the proposed modification is for the relocation of a stairwell and amendment to box gutters an updated BASIX certification is not required.

 

Principle 5 - Landscape

28.       Comment: The approved development did not include a landscape component and the proposed modification does not alter this.

 

Principle 6 – Amenity

29.       Comment: The approved development provides parking for the commercial component of the site and two (2) garages for the existing 1 bedroom units.  Vehicular access is via an unnamed laneway off Park Road.  No parking was allocated to the two addition units. The proposed modification does not alter this arrangement.

 

The proposed modification relocates the stairwell which sees a reduction in size and modification of the layout of unit 1 and 3 resulting in two studio units.  Unit 1 is reduced from 55sqm to 48.5sqm; Unit 3 reduces from 57sqm to 47sqm, while Unit 4 is increased by 11sqm from 50sqm to 61sqm.  All units retain their balconies and are compliant with the minimum internal sizing.

 

Principle 7 – Safety

30.       Comment: The approved development is consistent with crime prevention principles.  It has been adequately designed with respect to egress arrangements and the navigation of the development internally. The proposed modification does not alter these design parameters.

 

Principle 8 – Housing Diversity and Social Interaction

31.       Comment: The approved development provides shop top housing increasing housing diversity and contributing to social vitality of the neighbourhood centre while retaining the street level commercial space. The proposed modification does not impact on this principle.

 

Principle 9 - Aesthetics

32.       Comment: The approved development is a combination of render and paint on existing brickwork and metal cladding on the third level with metal shading devices over existing and new windows. The entrance way from Park Road is to be upgraded with letter boxes and painting of the existing door and awning.

 

Apartment Design Guide

33.         The approved development was assessed against the Apartment Design Guide (ADG).  The approved development satisfied the criteria for building setbacks, solar and daylight access, ceiling height, the provision of private open space, storage and acoustic privacy.

 

The proposed modification realigns the stairwell between the first and second level to improve circulation. This reduces the floor space of Unit 1 and 3 to 48.5sqm and 47sqm respectively. The internal layouts are modified to studio units and comply with the objectives of the ADG. The proposed development has no impact on the building setbacks, solar and daylight access, ventilation, private open space, storage or acoustic privacy and meets the requirements of the ADG.

 

State Environmental Planning Policy (Infrastructure) 2007

34.         In accordance with Clauses 101 and 102 of the State Environmental Planning Policy (Infrastructure) 2007, the site is in a location where it is deemed to be affected by Traffic Noise.

 

The approved Development Consent DA33/2015 assessed any potential noise impact from the State Road being Princes Highway by imposing a condition in the consent so that the proposal is to be constructed in compliance with the recommendations stated within the Acoustic Report prepared by DK Acoustics

 

Accordingly, it is considered that the alterations subject of this modification application does not warrant a revised acoustic report.

 

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

35.         BASIX Certificate No. 597579M dated 16 February 2015 was issued for the approved development and the development meets the provisions and minimum requirements of BASIX in terms of water, thermal comfort and energy efficiency.

 

The proposed modification does not alter the internal arrangement and layout of the units to a degree that would require the need for a revised certification; as such the original BASIX certificate is still relevant to the amended design.

 

PLANNING ASSESSMENT

36.         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 (KLEP)

37.         The site is zoned B2 – Local Centre Zone under Kogarah Local Environmental Plan 2012 and the proposal is permissible form of development with Council’s consent.

 

Objective of the zone

·      To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

·      To encourage employment opportunities in accessible location.

·      To maximise public transport patronage and encourage walking and cycling.

 

Figure 10 – Zoning map, site outlined in red

 

38.         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

1.4 – Definitions

Shop top housing

 

 

The proposed development is consistent with the definition of a “shop top housing”

Yes

2.3 – Zone objectives and Land Use Table

B2 Local Centre Zone

Shop top housing is permitted with consent

Yes

4.3 – Height of Buildings

21m as identified on Height of Buildings Map

The proposed works do not alter the approved building height which is approximately 9.575m to the ridge from natural ground and complies.

Yes

5.10 – Heritage Conservation

The objectives of this clause are;

(i) to conserve the environmental heritage of Kogarah,

(ii) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views.

The site is not a heritage item or located with a heritage conservation area.

N/A

 

Section 4.55 Considerations

39.      The application has been made pursuant to Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 to modify Development Consent DA33/2015 determined on 19 August 2015. A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

 

Is satisfied that the proposed modification is of minimal environmental impact?

Comment: This proposed modification seeks to relocate the internal stairway, reduce the floor space of two (2) of the one (1) bedroom units and conversion to studio units, increase floor space of unit 4, and alterations to the roof design. Overall the development is of minimal environmental impact.

 

Is satisfied the proposed development as modified is substantially the same development for which consent was originally granted?

Comment: The proposed development as modified would represent substantially the same development for which consent was originally granted being shop top housing containing four (4) units and ground floor commercial and supporting services.

 

Has consulted with the relevant Minister, public authority or approval body with respect to a condition imposed on the consent or general terms of approval?

Comment: Not applicable.

 

Has advertised and or notified the application in accordance with the regulations or a development control plan?

Comment: The application was neighbour notified in accordance with the provisions of KDCP on two (2) occasions and no submissions were received.

 

Has considered any submissions made concerning the proposed modification?

Comment: The application was subject to neighbour notification in accordance with the provisions of the KDCP on two (2) separate occasions.  No submissions were received.

 

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

 

Draft Environment SEPP

40.      The Draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018.

 

This consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property.

 

Changes proposed include consolidating the following seven existing SEPPs:

 

·     State Environmental Planning Policy No. 19 – Bushland in Urban Areas

·     State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

·     State Environmental Planning Policy No. 50 – Canal Estate Development

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

·     Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2-1997)

·     Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

·     Willandra Lakes Regional Environmental Plan No. 1 – World Heritage Property.

 

The proposal is not inconsistent with the provisions of this Draft Instrument.

 

DEVELOPMENT CONTROL PLAN

41.         The following Development Control Plan is relevant to this application.

 

Kogarah Development Control Plan 2013

42.         Part D - Commercial and Industrial

 

Part B General Controls

Controls

Required

Proposed

Comply

Part D – Commercial and Industrial

D2 -3.8 Dwelling Design – Apartment Mix & Dwelling size

Provide a mix of studios, 1, 2 & 3 bedroom apartments.

Studios – min. IFA 40sqm

1 bedroom unit – min. IFA 60sqm

2 bedroom unit – min. IFA85sqm

3 bedroom unit – min. IFA 100sqm

Studio 1 -47sqm

Studio 3 - 48.5sqm

Unit 2 – 60sqm

Unit 4 – 61sqm

SEPP 65 prevails. The proposed studio units and the approved 1 bedroom units comply.

 

PROVISIONS OF REGULATIONS

43.         The provisions of the Regulations relating to this application have been taken into consideration during this assessment and have been discussed specifically throughout this report.

 

SUBMISSIONS

44.         The proposal as modified has been notified in accordance with the provision of KDCP on two (2) separate occasions, no submissions were received.

 

IMPACTS

Likely Impacts of Development

45.         The application as proposed results in a scale and form being acceptable and consistent with the future character of the locality. The application is therefore recommended for approval.

 

Suitability of the site

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

 

Public Interest

47.         The proposal as modified has been assessed against the relevant planning policies applying to the site having regard to the objectives of the controls.  As demonstrated in the assessment of the application the proposal satisfies the design criteria for this form of development. The proposal as presented will have minimal impacts surrounding properties.  Therefore, the proposal as modified is in the public interest.

 

REFERRALS

Council Referrals

48.         The application did not require any referrals.

 

CONCLUSION

49.         This application has been assessed having regard to the matters for consideration under Section 4.15(1) and 4.55(1)(a) of the Environmental Planning and Assessment Act 1979, the provisions of the applicable SEPP’s, KLEP 2012 and KDCP 2013.

 

50.         Following a detailed assessment it is considered that on planning grounds Modification Application No. MOD2018/0096 is worthy of approval subject to modified conditions contained in Section A below.

 

DETERMINATION AND STATEMENT OF REASONS

 

Statement of Reasons

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

 

·    The proposed development, subject to the recommended modified conditions, will have no unacceptable adverse impacts upon the natural or built environments.

 

·    In consideration of the aforementioned reasons, the proposed development is a suitable planned use of the site and its approval is in the public interest.

 

That pursuant to Section 4.15(1) and 4.55(1)(a) of the Environmental Planning and Assessment Act 1979, the Council grants development consent to Modification Application MOD2018/0096 to relocate the internal stairway, reduce the floor space for two of the one (1) bedroom units and their conversion to studio units, increase the floor space of unit 4, and alterations to the roof design to Lot 101 DP810718 known as 367 Princes Highway, Carlton in accordance with the following modified conditions:

 

SECTION A – General Conditions

The conditions that follow in this Section A of the Notice of Determination are general conditions which are imposed to ensure that the development is carried out in accordance with the development consent.

 

(1)       Approved Plans of Consent

 

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

Dwg. No.

Date

Issue

Prepared by

Site Plan

DA_050

6/7/18

D

BKA Architecture

Ground Floor Plan

DA_100

6/7/18

E

BKA Architecture

First Floor Plan

DA_101

6/7/18

E

BKA Architecture

Second Floor Plan

DA_102

6/7/18

F

BKA Architecture

Roof Plan

DA_103

6/7/18

F

BKA Architecture

Elevations (west, east & south) Plan

DA_200

6/7/18

F

BKA Architecture

Sections (A & B) Plan

DA_300

6/7/18

F

BKA Architecture

External Finishes (colour & materials)

DA_400

6/7/18

C

BKA Architecture

 

(This condition is amended as part of MOD2018/0096 (DA 33/2015))

 

 

SECTION B –Prior to the Issue of a Construction Certificate or Demolition Conditions

The conditions that follow in this Section B of the Notice of Determination relate to the payment of fees, amendments being made to the proposal, further investigation being undertaken or the preparation of documentation that must be complied with prior to the issue of a Construction Certificate or Demolition.

 

Note:  A copy of the Construction Certificate shall be forwarded to Council prior to commencement of construction where Council is not the certifier who issued the Construction Certificate.

 

(2)       Asset & Building Fees

 

Payment of the following amounts as detailed below:

 

·    Damage Deposit of                     $1,900.00

·    *Builders Long Service Levy of   $   875.00

·    Asset Inspection Fee of               $   105.00

 

*Note: The Builders Long Service Levy quoted is based on the market value of the proposed building works and the Levy Rate applicable at the time of assessing the Development Application and may be subject to change prior to payment.

 

(3)       Section 94 Index

 

Section 94 Contributions are to be paid as detailed below in the following condition, and until paid all contributions will be indexed four (4) times a year (on the following dates) to allow for the cost increases: 31 January, 30 April, 31 July and 31 October.

 

(4)       Section 94 Contributions

 

As at the date of Development Consent the following contributions have been levied on the subject development under Section 94 of the Environmental Planning and Assessment Act, 1979 and the nominated Section 94 Contributions Plans:

 

No.1 – Roads and Traffic Management – Residential

$213.33

No.5 – Open Space 2007

$12,676.54

No.9 – Kogarah Libraries – Buildings

$285.08

No.9 – Kogarah Libraries – Books

$203.26

Ramsgate Commercial Centre Contributions Plan

 

TOTAL

$13,378.21

 

Further Information

A copy of the all current Development Contributions Plans may be inspected or a copy purchased at Council’s offices (Civic Centre, MacMahon Street, Hurstville and 2 Belgrave Street, Kogarah) or viewed on Council’s website www.georgesriver.nsw.gov.au.

 

(This condition is amended as part of MOD2018/0096 (DA 33/2015))

 

(5)       Noise from road and rail

 

To minimise the impact of noise from the adjoining major road and / or rail corridor on the occupants, the building shall be constructed in accordance with the recommendations of the acoustic report by DK Acoustics dated 22 April 2015 approved as part of this application.

 

(6)       Clearances to Overhead Mains

 

If any part of the proposed structure, within 5m of a street frontage, is higher than 3m above footway level, the applicant is to confer with Ausgrid to determine if satisfactory clearances to any existing overhead mains will be affected. If so, the applicant is to make arrangements with Ausgrid for any necessary modification to the electrical network in question.

 

These works to be at the applicant’s expense and Ausgrid’s requirements are to be met prior to actual construction commencing on site or as agreed with Ausgrid.

 

SECTION C – Prior to Commencement of Construction Conditions

The conditions that follow in this Section C of the Notice of Determination are specific to the proposed development and must be complied with prior to the commencement of construction on the site.

 

(7)       Structural Engineer

 

A report shall be obtained from a practising Structural Engineer, prior to commencement of work, verifying the structural adequacy of the existing building to support the building addition.

 

(8)       Certification by Mechanical Engineer

 

To ensure that adequate provision is made for ventilation of the building, mechanical and /or natural ventilation shall be provided. These systems shall be designed in accordance with the provisions of:

 

a)   The Building Code of Australia;

b)   Australian Standard AS 1668 Part 1 - 1998;

c)   Australian Standard AS 1668 Part 2 - 2002;

d)   The Public Health Act 2010;

e)   The Public Health Regulation 2012;

f)    Australian Standard 3666.1 - 2002;

g)   Australian Standard 3666.2 - 2002;

h)   Australian Standard 3666.3 - 2000.

 

Details of all mechanical and /or natural ventilation systems, along with specific certification, provided by an appropriately qualified person, verifying compliance with the abovementioned requirements.

 

(9)       Structural Engineer’s Details

 

Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns & other structural members.  The details are to be submitted to the Principal Certifying Authority for approval prior to construction of the specified works.

 

A copy shall be forwarded to Council where Council is not the PCA.

 

(10)     Soil Erosion Controls

 

Prior to commencement of any site works, erosion and sediment controls are to be installed in accordance with Environmental Site Management Policy and any approved Soil & Water Management Plan and shall incorporate:

 

·    Measures to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways;

 

·    Controls to prevent tracking of sand, soil, aggregates, etc, by vehicles onto adjoining roadways.

 

SECTION D – Construction and Operational Conditions

The conditions that follow in this Section D of the Notice of Determination are imposed to ensure the development is constructed and operates having regard to relevant legislation and does not unreasonably impact on the amenity of the locality or environment during the construction phase or the operation of the use.

 

(11)     Inspections - Multi Unit

 

The following lists of inspections are the MANDATORY CRITICAL STAGE INSPECTIONS that MUST be carried out by the Principal Certifying Authority (PCA).

 

(a)  at the commencement of building works

(b)  prior to covering waterproofing in any wet areas, for a minimum of 10% of rooms with wet areas within a building, and

(c)   prior to covering any stormwater drainage connections, and

(d)  after the building work has been completed and prior to any occupation certificate being issued in relation to the building.

 

Certificates from your engineer or subcontractor are NOT acceptable in the first instance for the above inspections.  Failure to have your PCA carry out these inspections could result in a delay or refusal to issue an Occupation Certificate.

 

In addition to the above, it is recommended that the following inspections be carried out for the subject development;

 

·          Erosion Control

·          Earthworks/Excavation

·          Building setout

·          Concrete reinforcement

·          Timber and/or steel framework

·          Mechanical/Hydraulic work

·          Driveways

·          Landscaping

·          External Finishes

 

(12)     Storage of materials on Public Road

 

All building materials or waste containers must be stored within the confines of the site.  The storage of such building materials, waste containers or equipment associated with the project upon the public roadway, including the pedestrian footway or unpaved verge, is prohibited.

 

(13)     Use of Crane on Public Road

 

Prior approval must be obtained from Council a minimum of 24 hours before the use on any site of a crane, hoist or similar machinery that will be used to transfer materials across Council’s footpath.