AGENDA - LPP - REVIEW PANEL

Meeting:

Georges River Local Planning Panel (LPP) - Review Panel

Date:

Tuesday, 05 February 2019

Time:

4.00pm

Venue:

Council Chambers, Civic Centre, Hurstville

Panel Members:

Sue Francis (Chairperson)

Jason Perica (Expert Panel Member)

Milan Marecic (Expert Panel Member)

Annette Ruhotas (Community Representative)

Council Staff:

Meryl Bishop (Director Environment and Planning)

Ryan Cole (Manager Development and Building)

Nicole Askew (Coordinator Development Assessment)

Cathy Mercer (PA to Manager Development and Building)

Monica Wernej (Admin Assistant)

 

  

1. On Site Inspections - 2.30pm – 3.30pm

a) 954-956 Forest Road Lugarno

 

 

 

 

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   Tuesday, 5 February 2019

Page 2

 

 

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

 

LPP001-19        954-956 Forest Road Lugarno - REV2018/0019

(Report by Senior Development Assessment Planner)

 

 

 

 

4. Confirmation of Minutes


 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Tuesday, 05 February 2019

 

LPP Report No

LPP001-19

Development Application No

REV2018/0019

Site Address & Ward Locality

954-956 Forest Road Lugarno

Peakhurst Ward

Proposed Development

Review Application - Demolition of existing structures, tree removal, lot consolidation and construction of four (4) dwellings, installation of swimming pools and Torrens title subdivision into four (4) allotments with associated site works and provision of services

Owners

Mr B and Mrs H Ghrayche

Applicant

Bechara Ghrayche

Planner/Architect

GAT & Associates – Town Planners

Date Of Lodgement

16/10/2018

Submissions

No submissions received

Cost of Works

$1,750,000

Local Planning Panel Criteria

Original Development Application No.2016/0104 was determined by the Georges River Local Planning Panel

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

State Environmental Planning Policy No.55 – Remediation of Land, BASIX, Greater Metropolitan Regional Environmental Plan No.2 – Georges River Catchment, State Environmental Planning Policy (Vegetation in non-rural areas) 2017, Draft Environment State Environmental Planning Policy

Hurstville LEP 2012

Hurstville DCP No.1

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

Landscape Plans – R+ M Landscape Architecture

Architectural Plans prepared by Nexus Architecture

Bushfire Assessment prepared by Sydney Bushfire Consultants

 

Report prepared by

Senior Development Assessment Planner

 

 

Recommendation

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

 

Summary of matters for consideration under Section 4.15

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

 

Yes 

Legislative clauses requiring consent authority satisfaction

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

 

Yes

Clause 4.6 Exceptions to development standards

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

 

No statutory non-compliances

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  recommended

 

 

Site Plan

Site highlighted in Red

 

Executive Summary

1.      Council is in receipt of an Application to Review a Determination in accordance with the provisions of Section 8.2A of the Environmental Planning and Assessment Act. Development Application No.2016/0104 was refused by the Local planning Panel at their meeting held on 16 August 2018. This application proposed the demolition of the existing buildings and associated structures and the construction of three (3) dwellings and an attached dual occupancy including Torrens Title subdivision into 5 lots. The application was refused on the following grounds;

 

1. The proposed development cannot be approved because the height of the building proposed for houses 4 and 5 contravenes the development standard in Clause 4.3 (2) of Hurstville Local Environmental Plan 2012 and the Panel is not satisfied that:

 

(a)  The proposed development will be consistent with the objectives of the zone (cl 4.6(4)(a)(ii));

(b)  The proposed development will be consistent with the objectives of the standard in question (cl 4.6(4)(a)(ii);

(c)  The written request from the applicant that seeks to justify the contravention of the development standard adequately demonstrates that:

(i) compliance with the development standard is unreasonable or unnecessary in the circumstances of the case (cl 4.6(3)(a) and cl4.6(4)(a)(i)), and

(ii) there are sufficient environmental planning grounds to justify contravening the development standard (cl 4.6(3)(b) and cl 4.6(4)(a)(i)).

 

2. The building containing proposed house 4 and 5 is unacceptable because it is contrary to achieving the objectives of the R2 Low Density Residential Zone under the Hurstville Local Environmental Plan 2012 in that the height and amount of cut and fill will not ensure that a high level of residential amenity is achieved and maintained.

 

3. The bulk and scale and form of the building containing proposed house 4 and 5 is not compatible with the existing or desired character of the immediate locality (including the relationship with adjoining sites) and in relation to the visual catchment with respect to Salt Pan Creek and its foreshores on either side of the valley.

 

2.      The Applicant has modified the original proposal by reducing the density of the development from 5 dwellings to 4 dwellings and redesigning the dwellings so that they comply with the 9m maximum height requirement.

 

3.      Two passing bays have also been integrated into the design given the length of the existing right of carriageway. The amended scheme was submitted with the Application to Review the determination in accordance with Section 8.2A of the Environmental Planning and Assessment Act, 1979 on 16 October 2018. The proposal therefore seeks approval for demolition of existing structures, tree removal and construction of four (4) dwellings, installation of swimming pools and Torrens title subdivision into four (4) allotments with associated site works and provision of services.

 

4.      The current development generally satisfies all the principle development standards and is recommended for Approval subject to some design changes which seek to improve the visual appearance of the proposed built forms and improve their performance and functionality.

 

5.      The proposed development was initially considered Integrated Development as an “activity approval” may be required under Section 91 of the Water Management Act 2000 (As amended) as the site adjoins “waterfront land”. The application was referred to the Department of Primary Industries and Water on 25 October 2016, no response was received.

 

6.      Researching what types of activities constitute “controlled activities” the proposal does not seem to fit this category as works relate more to construction of boat ramps and seawalls, removing material from waterfront land, depositing material on waterfront land, modifications to a watercourse etc. Waterfront Land means “the bed of any river, lake or estuary and the land within 40m of the river banks, lake shore or estuary mean high water mark”. No proposed works are situated within the waterfront.

 

7.      The site is also located within Bushfire Prone Land and the application was referred to the Rural Fire Service (RFS) for their concurrence. Formal approval has been issued by RFS and specific conditions have been recommended if consent is to be granted.

 

8.      The site is affected by a 30m Foreshore Building Line (FBL) measured from the Mean High Watermark (MHWM) from the rear watercourse (Salt Pan Creek) and the rear section of the site is also zoned RE1 Open Space. The RE1 Public Recreation zone extends some 26m from the rear boundary (waterway). No proposed structures encroach the RE1 zone and do not encroach the FBL.

 

9.      Section 8.2A of the Environmental Planning and Assessment Act (EP and A Act) allows for an Applicant to review a determination however the review needs to be completed within 6 months from the date of its original determination (16 August 2018). The application therefore needs to be determined on or before 16 February 2018.

 

10.    Section 8.3(3) (Application for and conduct of review) of the Act states that “in requesting a review, the applicant may amend the proposed development the subject of the original application for development consent or for modification of development consent. The consent authority may review the matter having regard to the amended development, but only if it is satisfied that it is substantially the same development”. The proposed development that constitutes the review is substantially the same in terms of its overall proposed form, scale and siting. The changes proposed reduce the density and create a more acceptable built form. Some additional conditions have been imposed to reduce the scale and form of Dwelling House No.4.

 

11.    The subject site has been inspected and the proposal assessed in accordance with the relevant provisions of Section 4.15 "Matters for Consideration" of the Environmental Planning and Assessment Act 1979. The proposal satisfies these requirements and is recommended for approval subject to conditions.

 

Site and Locality

12.    The proposal covers two sites, 954 and 956 Forest Road, Lugarno. The sites are located on the western side of Forest Road between Ulster Street to the north and Cypress Drive to the south. The site adjoins Salt Pan Creek to the rear.

 

13.    954 Forest Road comprises of a vacant block of land and includes a 3.66m wide right of carriageway which provides access to this rear allotment. Its legal description of this parcel is Lot 37 DP21651 and it has a total site area of 2491sqm.

 

14.    956 Forest Road is the block fronting Forest Road. The allotment includes a part 1, part 2 storey detached dwelling house with an associated fibro shed and metal shed. The dwelling is setback some distance from the street. The legal description of this parcel is Lot 38 DP21651 and it has a total site area of 1509sqm. The combined site area is 4,000sqm.

 

15.    The sites fall substantially to the rear and there is a large drop down towards the water at the rear boundary of 956 Forest Road. The survey plan shows the changes in the levels with the fall being some 14.8m (from the street to the rear of 956 Forest Road) and there is a greater drop where 956 Forest Road begins and falls down towards the water. There has been some minor works conducted along the rear boundary of 956 Forest Road merely to try and obtain more secure and safe access down to 954 Forest Road. 

 

16.    Immediately adjoining the site to the south are two dwelling houses at 958 and 960 Forest Road that adjoin the site and to the north are two properties 1 Belmore Road and 952 Forest Road and each includes detached residential dwellings.

 

17.    962 Forest Road, further south has been subdivided into 3 allotments and No.964 has been redeveloped to include ten (10) dwellings and has been strata subdivided.

 

Site Photos

Photo 1: Subject site when viewed from Forest Road

Photo 2: 958 Forest Road neighbour to the south

 

Photo 3: 1 Belmore Road the northern neighbour

Photo 4: Neighbouring development to the east along Forest Road

 

Photo 4: The southern elevation of 1 Belmore Road, adjacent to the right of carriageway

 

Photo 5: The northern elevation of 958 Forest Road

 

Photo 6: Southern elevation of 952 Forest Road

 

Photo 7: The rear of 952 Forest Road

 

 

Photo 8: The rear of the subject site looking toward Salt Pan Creek

 

Photo 9: The rear of 960 Forest Road

 

Zoning and Permissibility

18.    The subject site is zoned R2 Low Density Residential with the western section of the site being RE1 Public Recreation pursuant to the Hurstville Local Environmental Plan 2012.

 

19.    The zoning map showing the location of the site in relationship to the zoning is provided in Figure 1 below.

 

Figure 1: Zoning map showing 954 Forest Road which straddles two zones

 

20.    The objectives of the RE1 Public Recreation zone are;

 

·    To enable land to be used for public open space or recreational purposes.

·    To provide a range of recreational settings and activities and compatible land uses.

·    To protect and enhance the natural environment for recreational purposes.

 

21.    There is no development proposed on the RE1 zoned part of the site. This area is heavily vegetated and part of it would have to be cleared to ensure the RFS required APZ is maintained. By clearing noxious weeds and other introduced species this would improve the natural environment and also improve the visual amenity of this area.

 

22.    The objectives of the R2 Low Density Residential zone include;

 

·    To provide for the housing needs of the community within a low density residential environment.

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

·    To encourage development of sites for a range of housing types, where such development does not compromise the amenity of the surrounding area, or the natural or cultural heritage of the area.

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

·    To encourage greater visual amenity through maintaining and enhancing landscaping as a major element in the residential environment.

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

 

23.    The proposal involves the construction of “dwellings” and associated “subdivision”. Both development forms are permitted in the R2 zone with consent and the proposal generally satisfies the objectives of the zone.

 

Report in Full

 

Proposal

24.    The proposed development involves the demolition of existing structures, tree removal, lot consolidation and construction of four (4) dwellings, installation of swimming pools and Torrens title subdivision into four (4) allotments with associated site works and provision of services.

 

25.    More specific details of the proposal are included below.

 

House No.1 (DW1) – This two storey dwelling faces Forest Road and contains an open plan kitchen/living/dining area and double garage on the ground floor, 4 bedrooms on the upper level including balconies, with a swimming pool at the rear.

 

House No.2 (DW2) – This two storey dwelling steps down the site and is located to the west of House No.1. It contains an open plan kitchen/living/dining area and double garage, 2 bedrooms, service rooms and rear facing balcony. The lower ground floor contains 2 bedrooms, living are, service rooms and store with a terrace and in-ground swimming pool.

 

House No.3 (DW3) – This three (two above ground level existing) storey dwelling is located between House No.2 and No.4 and includes a double garage in the basement and media/study room and service room. The ground floor containing open plan kitchen/living/dining area, master bedroom and service rooms. The lower ground floor contains 3 bedrooms, rumpus and service rooms.

 

House No.4 (DW4) - Located at the rear of the site on the largest allotment and adjoins the RE1 open space zone and includes the Foreshore Building Line. This multi-level home steps down the site over 4 levels and accommodate a lift. Level 4 comprises a carport, lounge room and terrace at the entry level. Level 3 comprises an open plan kitchen/living/dining/breakfast area with a rear facing terrace. Level 2 contains 3 bedrooms, service rooms an rear facing terrace. Level 1 comprises 3 bedrooms, study in internally facing terrace area.

 

The dwelling steps down the site and although spaces are spread across 4 levels a maximum of 2-3 levels are visible at any one point.

 

Right of Carriageway

In addition to these works the existing right of carriageway located along the northern side will be maintained which has a width of 3.66m and will include two passing bays to assist with cars passing each other along this carriageway.

 

Subdivision

In terms of the proposed Torrens title subdivision, Houses 1, 2 and 3 are located on individual allotments having a minimum area of 550sqm each (excluding the carriageway and passing bays). House No.4 will sit on the rear allotment which has a proposed site area of 1895sqm.

 

Background

26.    Development Application No. DA2016/0104 was refused by the Local Planning Panel at its meeting held on 16 August 2018 for the following reasons;

 

1. The proposed development cannot be approved because the height of the building proposed for houses 4 and 5 contravenes the development standard in Clause 4.3 (2) of Hurstville Local Environmental Plan 2012 and the Panel is not satisfied that:

 

(d)  The proposed development will be consistent with the objectives of the zone (cl 4.6(4)(a)(ii));

(e)  The proposed development will be consistent with the objectives of the standard in question (cl 4.6(4)(a)(ii);

(f)   The written request from the applicant that seeks to justify the contravention of the development standard adequately demonstrates that:

 

(i) compliance with the development standard is unreasonable or unnecessary in the circumstances of the case (cl 4.6(3)(a) and cl4.6(4)(a)(i)), and

(ii) there are sufficient environmental planning grounds to justify contravening the development standard (cl 4.6(3)(b) and cl 4.6(4)(a)(i)).

 

2. The building containing proposed house 4 and 5 is unacceptable because it is contrary to achieving the objectives of the R2 Low Density Residential Zone under the Hurstville Local Environmental Plan 2012 in that the height and amount of cut and fill will not ensure that a high level of residential amenity is achieved and maintained.

 

3. The bulk and scale and form of the building containing proposed house 4 and 5 is not compatible with the existing or desired character of the immediate locality (including the relationship with adjoining sites) and in relation to the visual catchment with respect to Salt Pan Creek and its foreshores on either side of the valley.

 

27.    The Applicant is seeking a Review of this determination in accordance with Section 8.2A of the EP and A Act and has submitted amended plans which aim to address the concerns raised with the original proposal and the reasons for refusal.

 

Environmental Planning Instruments

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

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

 

Clause

Standard

Proposal

Complies

2.2 Zoning 

R2 Low Density Zone

 

 

 

 

 

 

 

RE1 Public Recreation

The development type proposed comprises of “dwellings” and “subdivision

 

Four (4) individual Dwelling Houses are permissible in the zone

 

No construction works are proposed in the part of the site zoned RE1 Public Recreation. The zone extends 26m from the rear boundary of No.954 Forest Road. DW4 is setback over 40m from the rear boundary and will not impact the RE1 zone.

Yes

 

 

 

Yes

 

 

 

Yes

 

 

2.3 Zone objectives

Objectives of the R2 Zone.

 

 

 

The development only affects the area of the site/s which are zoned R2. The density and height of the proposal has been reduced and the amended design generally satisfies the zone objectives.

 

The RE1 zoned land to the west will remain unaffected.

Yes

2.6 Subdivision

Permissible subject to Council’s consent

Satisfies the Clause and needs to satisfy Clause 4.1

Yes

4.1 Minimum Subdivision Lot Size

Land identified as “K” on lot size map which prescribes a minimum allotment size 550sqm

 

The objectives of Clause 4.1 are;

(a)  to retain the pattern of subdivision in residential zones while allowing infill development of smaller lots in some areas,

(b)  to ensure lots have a minimum size that would be sufficient to provide useable area for building and landscaping,  to require larger lots in the foreshore area or where the topography or other natural features of the site limit its subdivision potential.

 

      Subclause (3A) states that 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.

S

Lots 1-3: 550sqm

 

Lot 4 has an area 1895sqm

 

 

The proposal satisfies the objectives of the subdivision clause as the lot closest to the Foreshore will have an area of 1895sqm.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The calculation of each lot excludes the area of the carriageway and the passing bays.

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

DW1: max 7.5m
DW2: max 7.3m

DW3: max 7.8m

DW4: max 9m

 

The height of the development is within the 9m requirement. Each building has been designed to step down the slope in accordance with the natural fall of the land.

Yes

Yes

Yes

Yes

 

4.4 – Floor Space Ratio

 

 

0.6:1 as identified on Floor Space Ratio Map

 

(An assessment under Clause 6.5 – Gross floor area of Dwelling Houses in Residential Zones is referenced later in this table)

When calculated in accordance with C4.5 of the LEP, the development results in an FSR as follows:

 

DW1 –  Total GFA 302sqm = 0.55:1

DW2 – Total GFA 302.5sqm = 0.55:1

DW3 – Total GFA 302sqm = 0.55:1

DW4 - Total GFA of 620sqm = 0.33:1

Yes

4.5 – Calculation of floor space ratio and site area               

T    Objectives of this clause are:

To (a) to define floor space ratio,

(b)  (b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to:

(i)  (i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and

(ii) (ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and

(iii (iii) require community land and public places to be dealt with separately.

The floor space of each dwelling has been calculated in accordance with Clause 4.5 and the “gross floor area” definition within the HLEP.

 

The access handle and passing bays are not included as part of the Site area for each lot when calculating FSR.

Yes

Clause 4.6 Exceptions to development Standards

No Clause 4.6 Variation to any of the development standards is required.

N/A as the development has been redesigned to comply with the relevant development standards.

N/A

6.1 Acid Sulphate Soils

Salt Pan Creek is identified as being affected by Class 1 ASS. No works are proposed within this area and as such the proposal satisfies Clause 6.1. An extract from the LEP ASS map_002 is provided below.

Yes

 

The Clause states that development consent is required for works within land classified as being Class 1, 2,3,4 or 5.

 

The proposed works do not affect Salt Pan Creek and the Class 1 ASS boundary does not extend within the physical boundaries of the Site. The proposal therefore is not affected by the provisions of Clause 6.1.

Yes

6.2 – Riparian Land and watercourses

The objectives of this clause are to maintain water quality within watercourses, maintain the stability of the bed and banks of watercourses and their aquatic and riparian habitats.

The western portion of the site adjoining Salt Pan Creek is designated as Riparian Land and watercourse. (Refer to Figure 2 below)

 

No development will encroach onto this natural landscape which is protected to a large degree by the RE1 Public Recreation zone which further restricts development on this part of the site.

Yes

6.3 – Limited development on the Foreshore Area

The objective of this Clause is to “ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area”.

 

Development is to be restricted within the foreshore area.

 

 

 

A foreshore building line of 30m is applicable to the subject site. Development needs to be setback a minimum of 30m from the foreshore.

The site is located within a Foreshore Scenic Protection Area (FSPA). No development is proposed within the FSPA (refer to Figure 3 below).

 

The proposal satisfies the objectives and intention of the Clause as the dwellings are stepped down the site respecting the landform and their design lessens their visual impact and bulk/scale.

 

Dwelling House No.4 is setback over 40m from the Mean High Water Mark (MHWM) (refer to Figure 4 below to show the siting of Dwelling House 4 in relation to the RE1 zone and the FBL)

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

6.4 – Foreshore Scenic Protection Area (FSPA)

The objectives of clause are to protect significant views to and from the Georges River and reinforce the dominance of the landscape over built form.

The proposed development is generally consistent with the objectives of clause 6.4 and is not inconsistent with the surrounding development form.

Yes

6.5 – Gross Floor Area of Dwellings in residential zones

The Gross floor area for dwelling houses on lots with a site area of less than 650sqm is 0.55:1 in the R2 zone.

DW1 – DW3 have compliant FSR’s that satisfy the 0.55:1 FSR requirement and DW4 has an FSR of 0.33:1.

Yes

6.7 – Essential Services

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

Essential services are currently available to the site and can be extended to service the development, conditions recommended.

Yes

 

Figure 2: Extract from the Riparian Lands and Watercourses Map (sheet_002, HLEP 2012)

 

Figure 3: Extract from the Foreshore Building Line Map and Foreshore Scenic Protection Area (sheet_002, HLEP 2012)

 

Figure 4: The siting of Dwelling No.4 at the rear and its relationship to the 30m Foreshore Building Line and the 26m boundary line of the RE1 Public Recreation zone

 

Height, scale and bulk

29.         The amended proposal has reduced the density of the proposal by removing the originally proposed attached dual occupancy and replacing that part of the development with a single detached dwelling house which steps down the site at the rear. The heights of dwellings 1-3 are compliant and Dwelling No.4 at the rear is also now compliant with the height although this building is larger and bulkier as it sits on the steepest part of the site and will be on the largest parcel of land.

 

30.         A comparison of the originally proposed rear dual occupancy is shown in Figure 5 below and the proposed Dwelling No.4 in Figure 6 below. The main difference between the 2 designs is that the new dwelling at the rear (DW4) is cut into the site more and terraced down the site so that the height is now compliant. The scale and form of the structure at the rear has also been reduced.

 

Figure 5: Elevations of the original proposal showing the height exceedance of the dual occupancy at the rear of the block

 

31.         The amended scheme has plotted a slightly different “existing ground line” when compared to the original scheme however the amended proposal seems more accurate as existing RLs are plotted along the line to show the way the ground slopes more closely in accordance with the survey plan.

 

32.         The floor to floor heights, as amended for Dwelling House No.4 vary from about 2.85m to 3.99m (Level 2) which are considered excessive as the standard floor to ceiling height of 2.7m is required and a floor to floor height of about 3.1 achieves this. The Applicant reduced these floor to floor heights after being requested to reconsider these heights. Dwelling 4 now has floor to floor heights of 3.42m for most levels. A condition will reduce these further to a maximum of 3.2m. This will further reduce the height of this dwelling by some 800mm.

 

Figure 6: The amended scheme shows that Dwelling House No.4 complies with the 9m height control

 

33.         The proposed building sits within the height line along the southern elevation however along the northern elevation it would seem that there is a small roof protrusion at Level 3 over the terrace area. The area of non-compliance is minor and affects the roof overhang which is to provide shelter and protect the terrace and living spaces from the westerly sun. The overhang is proposed to be reduced in width to 1m and given the reduction in the floor to floor heights this part of the building will comply.

 

34.         Many of the balconies include privacy screens across the whole width of the balcony. These elements are also visually bulky and it is suggested that they be reduced in length by way of a condition. The orientation of the rear balconies are such that they face west to capture the water views and are set lower down the site so they will not overlook any principal living or habitable areas of adjoining properties, therefore the reduction in length will not result in an additional impacts.

 

35.         In terms of bulk and scale, Dwellings No.s 1-3 are considered to be well designed and acceptable in terms of their visual bulk and scale as they comply with the height control and they also comply with the applicable FSR. Dwelling house No.4 is substantial in size with a gross floor area of 620sqm. Given the site area of the lot is 1895sqm the gross floor area is well within compliance but given the visually sensitive location of the site, the reduction in the bulk, scale and overall form is of importance so that the visual dominance of the structure when viewed from the waterway and adjoining sites is mitigated and reduced.

 

36.         The dwelling is designed to step down the site which is the preferred design outcome which distributes and breaks down the bulk by following the natural landform. The dwelling is also setback substantially from the rear (Salt Pan Creek) with most of the green buffer and the riparian zone being retained given the setback of the development. Despite the benefits of the proposed development form, the dwelling will be situated further to the rear than immediately adjoining development and due to its foreshore location will be more visually prominent.

 

37.         The dwelling includes planter boxes on some of the roof areas adjoining balconies to soften the appearance of the building. Additional conditions have been imposed that reduce the floor space and set the building back further from the northern side so that its visual bulk is further reduced and consolidated. Given the enormity of the internal living, dining and habitable areas, the proposed reductions are considered minor in their scope and will ensure a high standard of amenity and functionality of the spaces is retained.

 

38.         The extent of cut and fill at the rear does result in the internal amenity of some internal spaces being compromised i.e Bedroom No.3 on Level 2 as this space is partially below ground and orientated to the south, however it is not a living space and most other living areas face west and have acceptable levels of solar access.

 

39.         Dwelling house No.4 will sit lower than immediately adjoining properties. At the highest point the dwelling achieves RL28.485 (RL29.75 including the lift overrun and skylight feature). The adjoining dwelling at No.960 Forest Road achieves RL39.5 (to its ridge) and RL35.4 for No.952 Forest Road to the north.

 

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

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

 

State Environmental Planning Policy No 55 - Remediation of Land (SEPP55)

41.         Any potential contamination and remediation is to be considered in determining development application in accordance with the provisions of SEPP 55. The following clauses are of relevance.

 

(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).

 

42.    A review of the site history indicates that the site has been used for residential purposes for extended periods of time, and such uses and/or development are not typically associated with activities that would result in the contamination of the site.  The Site is therefore considered  suitable for its intended use.

 

Greater Metropolitan Regional Environmental Plan No.2 – Georges River catchment

43.    The site is within the area affected by the Greater Metropolitan Regional Environmental Plan No 2 — Georges River Catchment. The objectives 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.

 

44.    The proposed development will be required to drain to the waterway at the rear and the concept stormwater plans have been approved “in principle” by Council’s Engineers subject to conditions. This is an acceptable method of stormwater disposal in this locality, therefore not adversely affecting the catchment.

 

State Environmental Planning Policy (Vegetation in non-rural areas) 2017

45.    The Vegetation SEPP regulates clearing of native vegetation on urban land and land zoned for environmental conservation/management that does not require development consent.

 

46.    The Vegetation SEPP applies to clearing of:

 

a)   Native vegetation above the Biodiversity Offset Scheme (BOS) threshold where a proponent will require an approval from the Native Vegetation Panel established under the Local Land Services Amendment Act 2016; and 

b)   Vegetation below the BOS threshold where a proponent will require a permit from Council if that vegetation is identified in the council’s development control plan (DCP). 

 

47.    The objectives of the SEPP are to protect the biodiversity values of trees and other vegetation in non-rural areas and preserve the amenity of non-rural areas through the preservation of trees and other vegetation. This policy is applicable pursuant to Clause 5(1) of the SEPP as the site is within both Georges River Council and the R2 Low Density Residential zone.  The proposal does not involve the clearing of any of the riparian area at the rear of the site.

 

48.    Pursuant to Clause 8(1) of the SEPP, clearing does not require authority under the policy as it is a type of clearing that is authorised under Section 60O of the Local Land Services Act 2013 (specifically, that associated with a development consent issued under Part 4 of the Environmental Planning and Assessment Act 1979).

 

49.    The Site includes a number of mature trees, in respect to the original proposal Council’s Landscape Officer stated;

 

“Council supports the removal of T1 Quercus robur  (English Oak) being an exotic species with little value and T2 Eucalyptus pilularis (Blackbutt) being an over mature tree with a limited useful life expectancy.

 

The tree (Eucalyptus spp.) to be protected and retained marked on plan at the front of the property appears to be in close proximity to a proposed driveway. This tree has not been included in the Arboricultural Impact Assessment and no reference has been made in relation to the proposed separation between the tree and any impact the driveway may have on the tree. Also, there are no recommendations provided detailing what measures must be provided to ensure the health and stability of the tree if the construction of the proposed driveway is within the TPZ.

 

To ensure the trees long term retention, tree protection measures must be in undertaken in accordance AS4970-2009 Protection of trees on development sites. Details of the tree protection measures to be implemented must be provided with the application for a Construction Certificate by a suitably qualified Arborist (AQF Level 4 in Arboriculture) and must be retained thorough all stages of construction.”

 

50.    Appropriate conditions have been included with respect to retaining and protecting the Eucalypt tree at the front of the site, and also conditions requiring the remediation and maintenance of the rear vegetated area, as well as the requirement to provide additional trees to soften the development.

 

State Environmental Planning Policy (Building Sustainability Index BASIX)

51.    BASIX Certificates No.968343S, 967214S, 967188S, 966929S dated 15 October 2018 has been issued for the proposed development and the development meets the provisions and minimum requirements of BASIX in terms of water, thermal comfort and Energy efficiency.

 

52.    Although the design of House No.1 has been amended slightly the changes do not affect the internal layout or amenity of the dwellings so the BASIX Certificate is not required to be updated.

 

HURSTVILLE DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE 

 

SECTION 3.1 VEHICLE ACCESS, PARKING AND MANOEUVRING

53.    The extent to which the proposed development complies with Section 3.1 Vehicle Access, Parking and Manoeuvring is detailed and discussed in the table below.

 

54.    It is noted that a traffic certification report was prepared by Auswide Traffic Engineers Rev 1.0 dated March 201 accompanied the original application. The traffic report demonstrated adequate turning areas and swept paths for a B85 vehicle and sight lines in accordance with AS2890.1-2004. Council’s Senior Traffic Engineer has not raised any concerns with the amended application.

 

Section 3.1

Standard

Proposal

Complies

3.1.4.1 - Resident parking

Dwelling (3 bedrooms and over): 2 spaces per dwelling

 

4 x dwelling house (3+ bedrooms) = 8  spaces

 

2 spaces per dwelling

 

Total = 8 spaces

 

8 spaces provided 2 spaces per dwelling

 

 

Yes

 

 

 

 

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

Compliance with AS2890.1 2004 and AS2890.2

 

To comply with Australian Standards.

 

Driveway gradient and transitions supported by Council’s Senior Traffic Engineer.

Yes

3.1.4.3 – Stencilling of driveways

Finished with plain concrete

To be provided as plain concrete

Yes

3.1.4.4 – Ramps transitions, driveways

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

 

Longitudinal section 1:20 to be provided with development application

Compliant with gradients in AS and driveway gradient and transitions are supported by Council’s Senior Traffic Engineer

Yes

 

 

 

Yes

 

SECTION 3.2 SUBDIVISION

55.    The proposal has been assessed under the relevant applicable controls below.

 

Section 3.2

Standard

Proposal

Complies

Minimum allotment size

550sqm

 

 

 

 

 

 

 

 

 

 

 

 

3m access handle

Proposed Lot 1: 550sqm

Proposed Lot 2: 550sqm

Proposed Lot 3: 550sqm

Proposed Lot 4: 1895sqm (calculation of the new lots excludes access handle and passing bays)

 

3.66m existing right of carriageway is to be retained.

Yes

 

 

 

 

 

 

Minimum allotment width for dwellings and dual occupancies is 15m

15.24m

Yes

 

 

 

Battle axe allotment maximum number of lots R2 - 6

4 lots

Yes

 

 

where access is shared by three or more residential allotments:

· the driveway is to be 6m wide or passing bays are to be provided at suitable locations

 · a 12m diameter turning circle, or appropriately designed “hammer head” or “T-turn” to Council’s Traffic Engineers’ satisfaction, full concrete construction, is required at a location which will suit all allotments

· access is to be constructed prior to the release of the linen plan by Council

There is an existing right of carriageway having a width of 3.66m. Increasing the width of this access handle to 6m will substantially reduce the “buildable area” and will compromise the design and amenity of the new dwellings, it will also  be incompatible with the form of adjoining developments.

 

The provision of 2 passing bays satisfies the control as it requests the driveway be 6m wide or passing bays are provided. Due to the decrease in the number of dwellings proposed, the access handle will only be utilised by three dwellings. There is ample on street parking, most visitors will park and walk down to access the 3 rear properties.

 

Given the steep nature of the site a 12m “hammer head” or “t-turn” cannot be accommodated.

 

The vehicles will be able to leave the site in a forward direction.

Partial non-compliance but is considered acceptable given the density, ample on street parking to cater for visitors and the site constraints limit the ability to comply.

 

Newly created allotments must demonstrate how solar access, vehicular access, setbacks, landscaped areas and tree preservation can be achieved

Adequate solar access, vehicular access, setbacks, landscaping and tree preservation areas are achieved. 

Yes

 

Roads, Vehicular Access and Car Parking

Requirements to be satisfied in accordance with Council requirements and Australian Standards

Compliant with Australian Standards, reinforced by proposed conditions.

Yes

Utilities and Services

Utilities and Services to be provided in accordance with Council requirements

Adequate utilities are available and are able to be extended to service this development.

Yes

 

Drainage

 

Overland Flow Paths

 

Flow of Run-off across property boundaries

 

Control of seepage

 

Width of Easements

Concept drainage plans have been provided.

The method of stormwater drainage is considered to be acceptable as it is to be discharged to the rear waterway via gravity; Council’s Engineers are satisfied with this arrangement subject to the recommended conditions.

 

Yes

 

Issues of Consideration

S94 Contributions to apply for each additional allotment created by land subdivision

Section 94 Contributions apply to this development for 2 new lots that are being proposed. Two credits apply for the two existing homes each on their own title.

Yes

 

SECTION 3.3 ACCESS & MOBILITY

56.    This section of the Development Control Plan is not applicable to this development as dwelling houses are not included within Table 1 – Assessment Criteria (DS1.1)

 

SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

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

 

Section 3.4

Standard

Proposal

Complies

Blind Corners

To be avoided

No blind corners evident given the nature of the proposal, appropriate sight lines provided.

Yes

Entrances

Clearly visible and not confusing

The entrance to DW1 is visible from the street; the remainder of the dwelling entrances are visible from the access handle.

Yes

Site and building Layout

-Provide surveillance opportunities

-Building addresses street

-Habitable rooms are directed towards the front of the building

-Garages are not dominant

-Offset windows

Natural surveillance of the site is available from the dwellings. Surveillance of street is available from DW1.

Yes

Landscaping

-Avoid dense medium height shrubs

-Allow spacing for low growing dense vegetation

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

-Vegetation used as a barrier for unauthorised access

Landscaping proposed is considered to be satisfactory and more formal in its arrangement delineating areas and spaces. The reliance on planter boxes and elevated landscape podiums assists in breaking up and softening the built form.

Yes

Lighting

-Diffused/movement sensitive lighting provided externally

-Access/egress points illuminated

-No light-spill towards neighbours

-Hiding places illuminated

-Lighting is energy efficient

These requirements are included as conditions of consent.

Yes - conditioned

Building Identification

-Clearly numbered buildings

-Entrances numbered

-Unit numbers provided at entry

Main entrances to each dwelling will be well defined and include numbering etc.

 

Conditions include appropriate numbering and provision of letterboxes.

Yes

Security

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

Considered through the design and orientation of each dwelling. Natural surveillance and security systems will be installed once the dwellings are built.

Yes

Ownership

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

Each dwelling will include appropriate fencing to delineate areas of ownership however the accessway will remain open.

Yes

 

SECTION 3.5 LANDSCAPING

58.    This section of the Development Control Plan is not applicable to dwelling houses.

 

SECTION 3.6 PUBLIC DOMAIN

59.    This section of the Development Control Plan is not applicable to the assessment of this application as it only relates to works proposed in the public domain.

 

SECTION 3.7 STORMWATER

60.    This section of the DCP is not applicable to dual occupancies or dwelling houses.

 

SECTION 4.4 DWELLING HOUSES ON STANDARD LOTS

61.    This section of the DCP is relevant to the siting, design and location of the new houses as they are located on standard sized allotments.

 

Section 4.4

Standard

Proposed

Complies

Neighbourhood character

Development is sited and designed to respect existing neighbourhood and streetscape character, including being responsive to the pattern of development of the neighbourhood, including elements that shape the streetscape such as the relationship and interface between the public and private domain.

The proposed dwellings are considered to be compatible with the existing and future desired streetscape.

 

The sites along the western side of the street are long allotments many comprising of traditional battle axe allotments.

 

There are adjoining properties that have been redeveloped for medium density housing, namely the 10 townhouses at 964 Forest Road Peakhurst (DA1997/0196) and other adjoining properties have 3-4 dwellings on the lots (962 Forest Road).

 

The subdivision pattern has been altered and the redevelopment of many sites to have more than 2 homes is evident. Therefore the proposal will not be out of character with development in the locality.

Yes

Building Height

Max LEP height of 9m

 

 

 

 

 

 

 

For flat roofed dwellings, maximum height to the top of the parapet of the building is: a. 7.8m above the existing ground level vertically below that point

 

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

Complies, all dwellings are lower than the 9m maximum height limit, once the design criteria conditions have been implemented.

 

Dwelling 4 – southern part of the house complies, a few sections of the dwelling along the northern side exceed the ceiling height by approximately 500mm. This is considered minor and acceptable.

 

Dwelling 3 – Compliant with the ceiling height along all sides of the dwelling.

 

Dwelling 2 – Compliant with the whole dwelling sited within the 7.8m ceiling height.

 

Dwelling 1 – Compliant with most of the dwelling located well below the 7.8m ceiling height.

Yes

 

 

 

 

 

 

 

Partial non-compliance

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

Setbacks

Front

Minimum setback from the primary street boundary is:

a. 4.5m to the main building face

b. 5.5m to the front wall of garage, carport roof or onsite parking space or

c. within 20% of the average setback on adjoining lots

 

Side

The minimum side setback outside the FSPA is 900mm (ground floor) and 1.2m (first floor).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rear

Minimum rear boundary setbacks are:

a. 3m for any basement and ground floor level solid wall

b. 6m for first floor level solid walls

c. where a first floor balcony is proposed at the rear, 6m from the balustrade

For battle-axe lots, minimum side boundary setbacks apply to all boundaries.

 

Dwelling No.1 is setback 8.4m to the wall along the northern side and the garage is setback 6.72m

 

 

 

 

 

 

DW1 

Ground Floor - minimum 957mm to the right of way (ROW) and  4.6m to the boundary (northern boundary)

900mm - 2m (southern side)

First Floor – 1.557m to the ROW northern side and 2m southern side

 

DW2

Ground Floor – minimum 1.017m to 2.4m to ROW (northern side)

1.5m from the southern side.

First Floor – 2.3m to the ROW (northern side) and 1.5m along the southern side

 

DW3

Lower, Ground and Ground Floor – 1.5m along both sides

First Floor – 1.5m along both sides

 

DW4

Setback 1.5m along all sides and at all levels

 

Rear setback

DW1 – 8.778m – 11.778m (Ground Floor)

DW2 – 9.747m (Ground Floor)

DW3 -5.8m (Ground Floor) and 9m to the wall.

DW4 – Over 40m from the rear boundary (Mean Average High Watermark)

 

The proposal complies with the side setbacks as the distances along the northern side have been measured to the accessway ROW not the boundary.

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

Yes

 

 

 

Yes

 

 

 

Yes

 

Yes

 

Yes

 

Yes

 

 

 

 

Yes

Facades

 

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

 

The dwelling house incorporates at least two of the following building elements facing any street frontage:

a. entry feature or portico b. awnings or other features over windows

c. eaves and sun shading d. window planter box treatment

e. bay windows or similar features

f. wall offsets, balconies, verandas, pergolas or the like

 

Garage doors are not wider than 6m

 

DW1 is designed to comply and includes a legible front door and a void above the door which is an attractive design feature.

 

The proposed dwelling includes balconies at the first floor levels and other architectural elements which break up the bulk and form of the building.

 

 

 

 

 

 

The proposed garage door is 6.6m wide which doesn’t comply and a condition will require the garage door to be reduced in width to 6m.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes subject to a condition

 

Views

 

 

Development is sited and designed to facilitate view sharing while not restricting the reasonable development of the site

The dwellings have been designed to comply with the statutory height limit.

 

Dwelling house No.4 will sit lower than immediately adjoining properties. At the highest point the dwelling achieves RL28.485 (RL29.75 including the lift overrun and skylight feature). The adjoining dwelling at No.960 Forest Road achieves RL39.5 (to its ridge) and RL35.4 for No.952 Forest Road to the north.

 

The water views to the west should not be obstructed to neighbouring properties by the proposed development as adjoining properties will generally retain unimpeded views of the catchment.

Yes acceptable, no adverse view loss

Solar Access

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

 

As the property is orientated east/west, there is no overshadowing to the north but the main impact is generated towards the south. The elevational shadows during midwinter indicate that from 12noon to 3pm shadows cast do not affect many north facing windows of the dwellings at No.960 Forest Road and the adjoining property will not be unacceptably affected.

 

Solar access to the adjoining property is not considered unreasonable as the heights of the new dwellings are conservative and step down the site.

Yes

Visual Privacy

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

 

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

Windows along the northern elevation are considered satisfactory as the separation between the subject development and the neighbouring site is over 5m at the upper levels.

 

Along the southern elevation most windows to all dwellings are designed as highlight windows or windows with the lower pane being obscure glass to prevent the potential for overlooking.

 

Conditions will be included to include privacy screens along some of the upper level balconies to reduce the potential for overlooking.

Yes

 

 

 

 

 

 

 

 

Conditioned to comply

 

Noise

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

These are sensitively located away from common boundaries.

 

Noise from this small scale residential development is not considered to be unreasonable and conditions will be imposed to ensure the development complies acoustically.

 

 

 

 

Yes

Vehicular access, parking and manoeuvring

Car parking is provided on site in accordance with the following minimum rates: a. for 1 and 2 bedroom dwellings, 1 car parking space b. for 3 or more bedroom dwellings, 2 car parking spaces

 

For all new dwellings, at least 1 car space must be located behind the front building setback

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The maximum width of a garage opening is 6m.

8 car parking spaces provided

 

 

 

 

 

 

The parking structures for DW2-4 are concealed behind the buildings and largely within the building footprint and garages for DW2-4 will not be visible from the streetscape.

The garage for DW1 is slightly forward of the building alignment  however the garage is setback further than the minimum 5.5m front setback requirement for garages with the structure setback 6.7m and will be screened partially by landscaping.

 

The garage opening for DW1 is 6.6m and will be conditioned to be reduced to 6m. The garages to the rear dwellings are appropriately screened and will not be visible from the public domain

Yes

Landscaped

Where located inside the FSPA, a minimum of 25% of site area is landscaped open space.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The minimum dimension of landscaped open space is 2m in any direction

 

A minimum of 15m2 of the landscaped open space is provided between the front setback and the street boundary in the form of a front yard.

 

An area of Principal Private Open Space is to be provided which:

a. has a minimum area of 30sqm

b. has a minimum dimension of 5m

c. is located at ground level and behind the front wall of the dwelling d. is directly accessible from a main living area

Each dwelling generally contains 1-2 areas of private open space at the front, rear or sides of the property.

 

Total landscaped area for each dwelling is provided below;

 

DW1 –  Front 60sqm, rear 139sqm

Total = 200sqm (36%)

 

DW2 – Front 42sqm, rear 156sqm

Total = 198sqm (36%)

 

DW3 – front 38sqm, rear 170sqm

Total = 108sqm (37%)

 

DW4 – front nil (taken up by driveway) rear about 720sqm (40m x 18m)

Total = 720sqm (37%)

 

Main areas of private open space exceed 2m in width

 

The front landscaped area of DW1 amounts to approximately 60sqm (excluding the entry, garage and driveway).

 

 

The principal areas of open space are located at the rear of the homes and exceed 30sqm in area, have a min dimension of 5m and are located at ground level.

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

Yes

 

 

 

Yes

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

Yes

 

Stormwater

Diversion of flows from one drainage sub-catchment to another is not encouraged.

 

Stormwater drainage is to occur by:

a. drainage by gravity to the adjacent road kerb and Council’s drainage system or

b. an easement over adjoining properties to Council’s drainage system and / or across the site to allow drainage from another lot or

c. a charged stormwater drainage system which drains all the roof run-off up to the road kerb directly in front of the development site. or

d. Absorption/Infiltration method - Infiltration system such as an absorption trench can be used to manage part of the stormwater discharge from the development site.

 

On-site retention of roof run-off using rainwater tanks or detention tanks for storage and re-use are encouraged. Overflow from storage facilities must be connected to an appropriate stormwater system as detailed in DS11.2.

The application is accompanied by concept drainage plans that propose a series of infiltration pits and will be drained by gravity to the waterway at the rear (Salt Pan Creek). Discharge connection is provided to the watercourse. This is in accordance with (d) of the DCP.

 

This arrangement satisfies Council’s Engineers and they have approved the design “in principle” subject to the imposition of conditions.

 

 

 

 

 

 

 

There are no rainwater tanks shown on the plans however the BASIX certificates refer to the provision of a 2,100l tank on each site.

 

A condition will ensure the BASIX commitments are to be met and satisfied during construction.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

Balconies and terraces

Access to balconies and terraces is direct from a habitable room at the same floor level.

 

Balconies and terraces include fixed planter boxes and / or privacy screens

 

Fixed planter boxes are at least 1m wide

 

Privacy screens are between 1.5m and 1.8 m high

Complies as all balconies and terraces are accessed off habitable or living areas and many include planter boxes. The provision of planter boxes can increase the visual bulk of the structure so they are included where appropriate.

 

 

Conditions are included to ensure some privacy screens are included where potential overlooking may occur.

Yes

 

 

 

 

 

 

 

 

 

 

 

Conditioned

 

SECTION 5.6 SWIMMING POOLS AND SPAS

 

Section 5.6

Standard

Proposed

Complies

Pool Siting and Noise Control

In-ground swimming pools shall be built so that the top of the swimming pool is as close to the existing ground level as possible. On sloping sites this will often mean excavation of the site on the high side to obtain the minimum out of ground exposure of the swimming pool at the low side

 

Provided one point on the swimming pool or one side of the swimming pool is at or below existing ground level, then one other point or one other side may be up to 500 mm above existing ground level.

 

On steeply sloping sites, Council may consider allowing the top of the swimming pool at one point or along one side to extend up to 1000mm above natural ground level, provided that the exposed face of the swimming pool wall is treated to minimise impact. The materials and design of the retaining wall should be integrated with, and compliment, the style of the swimming pool.

 

The drainage of spill water from a swimming pool shall be designed so that it does not affect the natural environment of the subject site or adjoining properties

 

Swimming pools are permitted on land affected by a foreshore building line subject to their design complementing the surrounding area and minimising visual impact from waterways.

 

The position of the swimming pool in relation to neighbours and other residents must be considered to reduce noise associated with activities carried out in the swimming pool or from associated the swimming pool equipment, such as cleaning equipment.

 

Council may require mechanical equipment to be suitable acoustically treated so that noise to adjoining properties is reduced

Dwelling House No.1, 2 and 4 include swimming pools.

 

The pools are located so that they obtain good solar access however like the dwellings step down the sites.

 

 

 

 

 

 

 

 

 

 

The pool to DW4 is located below existing ground level. The pools for DW1 and DW2 are in ground pools that protrude about 1m above the existing ground line which is considered acceptable given the fall of the land. These pool structures are setback over 3m from each side boundary and a condition will require the pool to DW2 to be setback a minimum of 1m from the rear.

 

 

 

 

The pool to DW4 is setback over 40m from the rear boundary and is located below the existing ground level and will not be visible from the foreshore nor will it affect the visual amenity and appearance of the foreshore.

 

The pools are substantially setback from immediately adjoining properties which is considered to be a very reasonable degree of separation.

 

A condition will be imposed to ensure that mechanical pumps and associated plant and swimming pool equipment will be acoustically screened to reduce noise.

Yes

Landscaping

Tree and shrub planting is to be provided along the adjoining property boundary lines to achieve a reasonable level of privacy. Refer to Appendix 1 for recommended species to use. 

 

Paved and other impervious areas are to be minimised and designed to provide stormwater and swimming pool overflow infiltration.

 

Swimming pools are to be designed to ensure the retention of existing trees.

 

Where a swimming pool is located close to an existing tree, elevated decks are preferred as the swimming pool coping to ensure minimal root damage.

 

Swimming pool water discharges must not in any circumstances be directed through bushland areas located on private or public land.

 

Council does not approve trees to be removed based upon leaf drop or lack of solar access to a swimming pool.

The landscape plan that accompanies the application shows that planting is proposed around the pools to enhance the visual environment and to soften the landscape and rear yard area.

 

 

 

 

 

No trees are proposed to be removed in lieu of providing the pools.

 

None of the pools are located within close proximity to any mature trees.

 

 

 

Noted will be conditioned accordingly.

 

 

 

 

The proposal does not seek to remove trees in lieu of the provision of the pools

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

Cut and Fill

62.    Hurstville DCP No.1 does not include any specific requirements regarding cut and fill for dwelling houses on standard lots. For Dual Occupancy development, cut and fill is limited to a maximum depth of 600mm. If this is used as a guide the development would not comply with this provision for DW2, 3 and 4 as the site requires a large amount of excavation to cater for the development. This is largely due to the steep slope of the land. The cut and fill is more substantial in nature but this is a better design outcome than having areas of the houses protruding above ground creating more visually dominating structures. The amount and degree of excavation for DW2 and 3 is commensurate with having a basement level so this is reasonable. In the case of DW4 sections of this building require more excavation however this reduces the bulk and scale of the built form.

 

IMPACTS

Natural Environment

63.    The proposed development is unlikely to result in unacceptable impacts on the natural environment. Currently both sites are poorly managed and the natural landform and vegetation on site has been tampered with and altered. Stormwater runoff is not well managed either. The proposal should provide a modern development that will improve the visual appearance of the site and take advantage of the site’s potential to cater for additional development.

 

64.    The development will not impede on the RE1 zoned area of open space at the rear and will not be located within the Foreshore Building Line. The landscaped area at the rear which acts as a buffer to the waterway will be retained in its natural form. A condition will be included that will require the developer to remove any weeds and overgrown areas which are unsafe during construction.

 

65.    A condition will also require that the owner of Lot 4 is to maintain this space in the future.

 

Built Environment

66.    The proposed development is unlikely to result is adverse impacts on the built environment. The proposed development complies with the statutory planning provisions with respect to the minimum site area for subdivision, height, floor space and general planning controls pursuant to the HDCP.

 

67.    The layout and proposed subdivision is consistent with the character of development along this side of the street which includes some multi-unit housing developments (i.e. 964 Forest Road).

 

Social Impact

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

 

Economic Impact

69.    The proposed development will have no apparent adverse economic impact.

 

Suitability of the Site

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

 

71.    The development is situated within a predominantly residential environment and the proposal is consistent with the objectives of the residential zone and will be compatible with the character and form of development in the immediate locality and streetscape.

 

72.    The proposal is therefore suitable for this site.

 

SUBMISSIONS AND THE PUBLIC INTEREST

73.    The Section 8.2 application was notified to resident/owners in accordance with Council’s requirements. No submissions were received.

 

REFERRALS

Council Referrals

 

Senior Building Officer (Major Projects)

74.    The application was referred to Council’s Building Section for comment. The proposal was considered against the provisions of Clause 98 of the EP&A Act Regulation and with the Building Code of Australia. The proposal is considered to be satisfactory subject to recommended conditions.

 

 Development Engineer

75.    The application was referred to Council’s Engineers for comments. No objection is raised in respect to the concept drainage and stormwater plans and the subdivision arrangement subject to recommended conditions.

 

Traffic Engineer

76.    Council’s Traffic Engineer examined the original application and stated that they have “assessed the swept path diagrams, the driveway and passing bays and they do conform to the Australian Standards”. This application was referred back to Council’s Traffic Engineer. Concern was raised in respect to the gradient of the driveway and transitions as this is a relatively steep site. Council’s Traffic Engineer stated that “the first 2m inside the property boundary cant exceed 8% in grade to ensure that 12.5% of a summit grade change is not exceeded (due to grades from the boundary to the road reserve”. The Applicant modified the driveway design in order to comply with the transitions which now satisfy Council’s concerns.

 

Environmental Health Officer

77.    Council’s Environmental Health Officer has raised no objection subject to recommended conditions.

 

Landscape Officer

78.    As previously mentioned, Council’s Landscape Officer considers the proposal acceptable subject to the imposition of standard conditions in particular to ensure the retention of the Eucalypt tree at the front of the Site and also to cut back and maintain the existing vegetation at the rear in accordance with the Bushfire management procedures and retaining an APZ.

 

External Referrals

Rural Fire Service (RFS)

79.    The subject property is mapped as being bushfire prone as currently shown by the Hurstville Council Bushfire Prone Land Map (s146 EP&A Act).  The new development will need to conform to the specifications and requirements of the “Planning for Bushfire Protection” prepared by the NSW Rural Fire Service which have been prepared in accordance with Section 100B of the Rural Fires Act 1997 (NSW).

 

80.    The original application was referred to RFS and they were initially concerned that “vegetation management on adjacent residential sites, to the North & South of the subject development envelope, did not reflect the requirements of Planning for Bushfire Protection 2006, in that they did not present as managed lands that could be relied upon to be maintained into perpetuity, and as such form part of an effective asset protection zone, that would benefit the subject development.” The applicant prepared an updated Bushfire Assessment dated 30 January 2017 prepared by Sydney Bushfire Consultants that responded to RFS concerns.

 

81.    RFS considered this additional information and issued general terms of approval on 6 March 2017. Approval was granted subject to the imposition of a series of conditions. These conditions have been recommended.

 

Department of Primary Industries (Water)

82.    The original application was referred to the Department of Primary Industries on 25 October 2016 as the proposal adjoins “waterfront land”. No works are proposed on the waterfront land so the proposal is not considered to be a “controlled activity” and as such a controlled activity approval is not required. Controlled activities are certain types of activities carried out on “waterfront land” and defined as a controlled activity in the Water Management Act, 2000. These include activities such as modifications to watercourses, construction of bed control structures, bridges, boat ramps, roads etc. To date no response was received from DPI so their concurrence is assumed as no issues have been raised.

 

CONCLUSION

83.    The application has been assessed having regard to the Matters for 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.

 

DETERMINATION AND STATEMENT OF REASONS

84.    The reasons for this recommendation are:

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

·    The applicant has amended the proposal from that originally submitted to address the reasons for refusal to achieve a better planning and design outcome.

·    The proposed development 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 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.

 

85.    THAT pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act 1979, as amended, the Georges River Local Planning Panel provide development consent to the application to review (REV2018/0019) development application (DA2016/0104)  for the demolition of existing structures, tree removal, lot consolidation and construction of four (4) dwellings, installation of swimming pools and Torrens title subdivision into four (4) allotments with associated site works and provision of services at Lot 37 and 38 DP21651 and known as 954-956 Forest Road, Lugarno, subject to the following conditions:

 

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.

Revision

Date

Plans prepared by Nexus Architecture Pty Ltd

Cover Sheet and site analysis

DA-00

B

5/10/18

Subdivision Plan

DA-01-01

5

6/11/18

Site Plan and Driveway Section

DA-02

5

6/12/18

House 1 – Ground and First Floor Plans

DA-02

B

5/10/18

House 1 – Sections and Elevations

DA-03

B

5/10/18

House 2 – Ground and First Floor Plans

DA-04

B

5/10/18

House 2 – Sections and Elevations

DA-05

B

5/10/18

House 3 – Ground and First Floor Plans

DA- 06

B

5/10/18

House 3 – Sections and Elevations

DA-07

B

5/10/18

House 4 – Floor Plans

DA-08

B

5/10/18

House 4 – Floor Plan and Data

DA-09

B

5/10/18

House 4 - Sections

DA-10

B

5/10/18

House 4 - Elevations

DA-11

B

5/10/18

Site and ground floor plan

DA-12

B

5/10/18

Shadow Diagrams - Elevational

DA-12a

N/A

5/10/18

Colour Schedule

DA-13

B

5/10/18

Survey Plan of 956 Forest Rd (lot 38, DP 21651) prepared by PK Surveyors

57957

N/A

25/10/2014

Survey Plan of 954 Forest Rd (lot 37, DP 21651) prepared by PK Surveyors

57803

N/A

9/7/2014

Drainage Plan sheet 1 of 3 prepared by B.Ghtrayche

2016/01

A1

10/10/18

Drainage Plan sheet 2 of 3 prepared by B.Ghtrayche

2016/01

A1

10/10/18

Drainage Plan sheet 3 of 3 prepared by B.Ghtrayche

2016/01

A1

10/10/18

Basix Certificate No.966929S

N/A

N/A

15/10/18

Basix Certificate No.967188S

N/A

N/A

15/10/18

Basix Certificate No.967214S

N/A

N/A

15/10/18

Basix Certificate No.968343S

N/A

N/A

15/10/18

Landscape Plan prepared by R+M Landscape Architecture Sheets 1-7

LP02, LP03, LP04, LP05 and LP06

A

Sept 2018

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

 

2.      Design changes – The following design changes will need to be incorporated into the design and shall be to the satisfaction of Council prior to the issuing of the Construction Certificate.

 

a)      Stormwater - Referring to Stormwater Plan (not titled) dated 10 October 2018 and prepared by B Ghtrayche, design changes are required and shown on the Sub Division Construction Certificate plans.

 

Hydrology and Hydraulics modelling techniques shall be utilised to determine the pipe sizes and overland flow paths.

 

Discharge to natural areas such as bushland, watercourse, creek or bay may be allowed subject to approval by the relevant Authority.

 

For discharge to creeks and bays, the natural area is to be protected against erosion at the point of discharge. In this regard an outfall apron or energy dissipation structure is to be provided. Only a single discharge point to the natural area from the development will be permissible.

 

Outflow aprons are normally constructed of rip-rap or concrete with embedded rip-rap. Pipelines larger than 375 mm with an outlet in a location that will result in scour must have the outlet angled at 30 degrees to the direction of the flow within the watercourse.

 

Energy dissipaters reduce water velocity by directing the water stream into obstructions placed in the flow path and/or by invoking a hydraulic jump. Energy dissipaters are to be designed to reduce velocities to below 2.0 m/s for the 100 year ARI flood event flow.

 

b)          Rainwater tank size and roof areas contributing to it shall be in accordance with the BASIX requirements.

 

c)          Where an inter allotment drainage easement is required, the details shall be shown on the stormwater plans. The Sub Division Certificate cannot be issued until the easement has been prepared by a registered surveyor and has been lodged with the Land Titles Office for registration.

 

d)          The driveway longitudinal profiles including turning vehicle profiles shall be shall be shown on the plans and approved by the Council.

 

e)          Dwelling House No.1 (DW1)

-        The existing driveway along the north-eastern side is to be made redundant and is to be replaced with appropriate landscaping in the form of grass and paving.

-        Any proposed front fence shall have a maximum height of 1.2m with 50% of the fencing being transparent.

-        The garage door opening shall have a maximum width of 6m.

-        Letterboxes for all four (4) dwellings shall be designed and located at the front of the property in preferably adjoining the right of carriageway.

 

f)           Dwelling House No.2 (DW2)

Privacy screens with a height of 1.8m measured from finished floor level and width of 1.5m shall be included along the southern and northern sides of the ground floor balcony.

 

g)          Dwelling House No.3 (DW3)

-        The awning/roof overhang above the rear ground floor balcony shall be reduced and have a maximum length of 2m.

-        The length of the rear balcony on the ground floor shall be reduced and have a maximum length of 3.5m

-        The planter box attached to the rear ground floor balcony shall be reduced to have a maximum width of 1m.

-        Privacy screens with a height of 1.8m and width of 1.5m shall be included along the southern and northern sides of the ground floor rear balcony.

-        A maximum floor to floor height of 3.1m shall apply at the lower ground floor level.

 

h)         Dwelling House No.4 (DW4)

-        The setback of DWH4 along the northern side shall be increased to 2.5m at all levels. This aims to reduce the bulk, scale and visual dominance of the building when viewed from adjoining properties and the waterway.

-        The floor to floor heights of Levels 0, 1, 2, 3 shall be reduced to a maximum of 3.2m.

-        The living room at Level 0 shall be reduced in floor space and shall be setback further from the rear and shall be aligned with the terrace at Level 1. This will remove the need for a “landscaped planter” adjoining the terrace at Level 1 and will reduce the scale and form of this dwelling.

-        The privacy screen along the northern side of the terrace at the rear at Level 4 shall be reduced to have a maximum width of 1m to reduce its height and bulk.

-        The roof overhang above the rear terrace at Level 4 shall extend a maximum of 1m.

-        The privacy screen along the northern side of the terrace at Level 3 shall be reduced in width to a maximum of 2m in order to reduce its bulk and height.

-        The landing at the bottom of the stairs at Level 3 shall be increased to have a maximum width of 1m.

-        The skylight roof feature at Level 4 shall be deleted.

 

3.      Landscaping – An updated Landscape Plan shall be prepared and include the following features and details prior to the issuing of the Construction Certificate;

 

-     The north eastern section of the front yard to DW1 shall include lawn and soft landscaped area as well as include one (1) mature tree.

-     The landscape plan shall include some more formal shrubs and planting along the southern and northern boundary along all dwellings.

-     The southwestern section of the rear yard at DW1 shall include more substantial planting along this boundary south of the drying area to ensure that the proposed landscaping screens the pool and entertaining area at the rear. Plants like Lilli Pillis should be considered which reach a height of 2m.

-     Along the southern boundary at the rear yard of DW2 shall include plants that reach a maximum mature height of 2m. The intention of this condition is to soften the appearance of this space.

-     The swimming pool to DW2 shall be setback 1m from the rear boundary.

-     The rear yard of DW2 shall include lawn and grass.

-     Along the south-eastern side of the site, adjoining the drying line to DW3 along the southern boundary shall include a row of taller trees and shrubs that reach an overall maximum height of 2m to assist in screening the garage structure and associated elevated walkway.

-     The landscape plan shall incorporate more planting along the northern side of DW4 now that the building has been moved further from the north to assist with screening and softening this side.

-     Landscaping shall be retained and enhanced along the right of carriageway.

 

4.      Lighting – The development shall be designed so that it is well lit especially at night for residents and visitors. Consideration should be given to provide lighting (preferably solar powered or via sensors) along the right of carriageway to improve safety. Details of the lighting design shall be provided to the PCA prior to the issue of the Construction Certificate. The design shall ensure there is no light spill to adjoining properties.

 

5.      Bins – A designated area for all bins for each property shall be designated on the CC plans and shall be appropriately screened, behind the Building line and not visible from the public domain.

 

6.      Swimming pool equipment – Any pool pumps and associated plant and equipment shall be acoustically and visually screened. Details of the plant and pool equipment location shall be provided on the Construction Certificate plans.

 

7.      Rural Fire Service – The development shall be carried out in accordance with the requirements of the General Terms of Approval (GTA) which are outlined below;

 

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

 

(a) At the issue of subdivision certificate and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

(b) An easement or covenant shall be included for the rear most allotment to ensure that the APZ is maintained in perpetuity and is maintained on title.

 

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

 

(c)  Water, electricity and gas are to comply with the following requirements of section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

● A hardened ground surface for truck access is to be supplied up to and within 4 metres of the water source.

● A 65mm metal Storz outlet with a gate or ball valve shall be provided.

● Above ground tanks are manufactured of concrete or metal and raised tanks are to have their stands protected. Plastic tanks shall not be used.

● Underground tanks shall have an access hole of 200mm to allow tankers to refill direct from the tank. A hardened ground surface for truck access is to be supplied within 4 metres of the access hole.

● The gate or ball valve, pipes and tank penetration are adequate for full 50mm inner diameter water flow through the Storz fitting and are metal.

● All associated fittings to the tank shall be non-combustible.

● An 'SWS' marker shall be obtained from the local NSW Rural Fire Service and positioned for ease of identification by brigade personnel and other users of the SWS. In this regard:

a) Markers must be fixed in a suitable location so as to be highly visible; and

b) Markers should be positioned adjacent to the most appropriate access for the static water supply.

Reticulated or bottled gas is to be installed and maintained in accordance with Australian Standard AS/NZS 1596:2014: 'The storage and handling of LP gas' and the requirements of relevant authorities. Metal piping is to be used.

● All fixed gas cylinders are kept clear of all flammable materials to a distance of 10 metres and be shielded on the hazard side of the installation.

● Gas cylinders kept close to the building shall have release valves directed away from the building. Connections to and from gas cylinders are to be metal. Polymer sheathed flexible gas supply lines to gas meters adjacent to building are not to be used.

● Polymer sheathed flexible gas supply lines to gas meters adjacent to building sare not to be used.

 

(d) Where the rear or most distant part of the building is greater than 70 metres from the nearest hydrant, a new hydrant is required to be installed as per Australian Standard AS 2419.1– 2005 'Fire Hydrant Installations'. Locations of fire hydrants are to be delineated by blue pavement markers offset 150mm from the centre of the road. The direction of offset shall indicate on which side of the road the hydrant is located. Alternatively, an onsite 5000 litre water supply shall be provided for fire fighting purposes on Lot 3 and Lot 4.

 

Access

(e) The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions shall apply:

 

Property access roads shall comply with section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'.

 

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

 

(f)  New construction of the northern, southern and western elevation(s) and roof of Dwelling No.4 on Lot 4 shall comply with Sections 3 and 7 (BAL 29) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

(g) New construction of the eastern elevation(s) of the dual occupancy

development on Lot 4 and Lot 5 shall comply with Sections 3 and 6 (BAL 19) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

(h) New construction on Lot 2 and Lot 3 shall comply with Sections 3 and 5 (BAL12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

 

Landscaping

(i)   Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

 

8.      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 (e.g. Opening the road for the purpose of connections to utility providers);

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

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

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

 

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

 

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

 

9.      Vehicular Crossing - Minor Development - Constructing a vehicular crossing and/or footpath requires a separate approval under Section 138 of the Roads Act 1993 prior to the commencement of those works. 

 

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

 

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 in accordance with Council’s specifications applicable at the time, prior to the issue of an Occupation Certificate.

 

10.    Building – Hoarding Application - Prior to demolition of the buildings on the site, or the commencement of work above ground level, a separate application for the erection of an ‘A class’ (fence type) or a ‘B class’ (overhead type) hoarding or ‘C type’ scaffold, in accordance with the requirements of SafeWork NSW, must be erected along that portion of the footways/roadway where the building is within 3 metres of the street boundary.

 

An application for this work under Section 68 of the Local Government Act 1993 and the Roads Act 1993 must be submitted for approval to Council.

 

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

 

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

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

(c)  The payment to Council of a footpath occupancy fee based on the area of footpath to be occupied and Council's Schedule of Fees and Charges (available at www.georgesriver.nsw.gov.au) before the commencement of work; and

(d) A Public Risk Insurance Policy with a minimum cover of $20 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.

 

11.    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.

 

12.    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.

 

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

 

14.    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).

 

Note: The electricity supply to the development must be underground.

 

15.    Ausgrid - Connection to the network will be required prior to the release of the subdivision certificate.

 

16.    Road works - Where works within the road reserve are to be carried out by the developer, a Road Opening Permit must be obtained from Council's Customer Service Centre before commencement of work.

 

17.    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

$ 2,250.00

Inspection Fee for Refund of Damage Deposit

$ 150.00

Application for a Driveway Crossing and Associated works

$496.36

DEVELOPMENT CONTRIBUTIONS

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

$ 4,956.00

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

$ 35,044.00

Total S94 Contribution Fees

$40,000.00

 

General Fees

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

 

Development Contributions

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 GRC 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 (Civic Centre, MacMahon Street, Hurstville and 2 Belgrave Street, Kogarah) or viewed on Council’s website www.georgesriver.nsw.gov.au

 

18.    Damage Deposit – Minor Works - In order to insure against damage to Council property the following is required:

 

(a) Pay Council, before the issue of the Construction Certificate, a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $2,250.00.

 

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

 

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

 

At the completion of work Council will inspect the public works, and the damage deposit will be refunded in full upon completion of work where no damage occurs. Otherwise the amount will be either forfeited or partly refunded according to the amount of damage.

 

19.    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.

 

20.    BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate Nos 968343S, 967214S, 967188S and 966926S must be implemented on the plans lodged with the application for the Construction Certificate.

 

21.    Bushfire Risk Assessment Certificate - All bushfire measures as recommended in the Bushfire Risk Assessment Reports prepared by Sydney Bushfire Consultants and dated 7 September 2015 and 30 January 2017 must be implemented and the details of bushfire safety measures must be submitted with the Construction Certificate application.

 

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

 

23.    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.

 

24.    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 run-off is diverted around cleared or exposed areas

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

(e) All erosion and sediment controls are fully maintained for the duration of demolition, excavation and/or development works

(f)  Controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadway

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

(h) Compliance with Managing Urban Stormwater – Soils and Construction (Blue Book) produced by Landcom 2004.

 

These measures are to be implemented prior to the commencement of work (including demolition and excavation) and must remain until works are completed and all exposed surfaces are landscaped/sealed.

 

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

 

26.    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:

 

·    All neighbouring buildings likely to be affected by the excavation as determined by the consulting engineer.

 

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

 

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

 

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

 

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

 

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

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

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

 

28.    Compliance with Swimming Pool Act 1992 - The construction of the new dwelling houses subject of this consent must not generate any non-compliances with the Swimming Pools Act 1992, Swimming Pool Regulation 2008, Building Code of Australia and/or AS 1926.1-2007 – Swimming Pool Safety.  Details of compliance to be illustrated on the plans lodged with the application for the Construction Certificate.

 

29.    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.

 

30.    Structural 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.

 

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

 

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

 

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

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

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

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

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

 

33.    Swimming Pools – Use and Maintenance - The following apply to the construction, use and maintenance of swimming pools and spas:

 

a)   no ground level may be raised or filled except where shown specifically on the approved plans;

b)   all pool/spa waste water is to be discharged to the sewer according to the requirements of Sydney Water;

c)   the swimming pool must not be used for commercial or professional purposes;

d)   drain paved areas to the landscaped areas or a suitable lawful drainage system; and

e)   arrange any external pool/spa lighting to minimise glare nuisance to adjoining owners.

 

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.    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.

 

36.    Waste Storage - Residential and Mixed Use Developments - 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. 

 

Residential Waste

The development will require the provision of the following waste and recycling facilities:

 

(a) Domestic Waste – 1 x 120  litre mobile bins per dwelling.

(b) Domestic Recycling – 1 x 120 litre mobile bin per dwelling.

(c) Green Waste – 1 to 2 x 120 litre mobile bins per dwelling.

     

37.    Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by R and M Landscape Architects, reference numbers – LP01 – LP06. The landscaping shall be maintained in accordance with the approved plans in perpetuity, subject to the following -

 

a)   Four (4) additional trees of tree species – Angophora costata at minimum 75 litre pot/ bag size and shall be planted within the site, bringing the total number of trees planted as sixteen (16).

b)   The proposed four (4) trees – Hibiscus tiliaceus “Rubra” be replaced with four (4) Cupaniopsis anacardioides at 45 litre pot/ bag size.

c)   All twelve (12) 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 Councils standard specification.

d)   If any trees or plants are found to be faulty, damaged, dying or dead within twelve (12) months of planting then they must be replaced with the same species. If the trees are found dead before they reach a height where they are protected by Councils Tree Management Controls, they must be replaced with the same species and pot/bag size.

 

38.    Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate in accordance with approved landscape plans and specifications, drawn by R and M Landscape Architects, reference numbers – LP01 – LP06. The landscaping shall be maintained in accordance with the approved plans in perpetuity, subject to the following –

 

a)   Four (4) additional trees of tree species – Angophora costata at minimum 75 litre pot/ bag size and shall be planted within the site, bringing the total number of trees planted as sixteen (16).

b)   The proposed four (4) trees – Hibiscus tiliaceus “Rubra” be replaced with four (4) Cupaniopsis anacardioides at 45 litre pot/ bag size.

c)   All twelve (12) trees shall comply with NATSPEC Specifying Trees: a guide to assessment of tree quality (2003), and be planted and maintained in accordance with Councils standard specification.

d)   If any trees or plants are found to be faulty, damaged, dying or dead within twelve (12) months of planting then they must be replaced with the same species. If the trees are found dead before they reach a height where they are protected by Councils Tree Management Controls, they must be replaced with the same species and pot/bag size.

 

The tree/s to be retained and protected are listed in the table below.

 

39.    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 - Angophora costata

1 Belmore Rd Peakhurst (next door) front yard

12.0 metres radially

T2 - Eucalyptus punctata

1 Belmore Rd Peakhurst (next door) front yard

12.0 metres radially

T3 - Eucalyptus punctata

Within front yard/ boundary fence of 954 – 956 Forest Rd (subject site)

6.0 metres radially

 

Excavations for proposed driveway adjacent to the above trees shall be minimized and under the instruction and guidance of 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.

 

Hold points and Certification of the above excavation works in relation to driveway excavations, shall be forwarded to the Principal Certifying Authority  

 

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

 

40.    General Tree Protection Measures – The following measures are to be adopted.

 

(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)  To protect the two (2) trees (Trees1/2) on the adjoining site, 1 Belmore Road Peakhurst, a layer of geo woven fabric shall be laid within the proposed driveway that’s within the 12.0 metre TPZ for both trees. Upon the fabric, organic leaf mulch at 100mm thick shall be laid and evened out. Rumble boards shall be laid over the top of the mulch and strapped together. These rumble boards shall be capable of handling excavation trucks, delivery trucks and general vehicles and shall be maintained and kept in place for the entirety of the project. This ground protection shall be as per AS4970 -2009, Protection of trees on development sites, - 4.5.3 Ground Protection

 

(f)  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 tree 3 is to be in accordance with the TPZ listed in the table above – 6 metres. 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. This Tree Protection fencing shall only be removed when works are commencing on the proposed driveway to the front dwelling, fronting Forest Road.

 

(g)  The Tree Protection Zone of tree 3, to be protected, shall be watered thoroughly and regularly to minimise the effects of construction works.

 

(h)  No building products/ materials or services shall be installed within the TPZ of all three (3). 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.

 

(i)   The proposed driveway for the front dwelling facing Forest Rd shall be constructed using permeable/ pervious paving as per the Concrete and Masonry Association of Australia (CMAA) - http://www.cmaa.com.au/ and constructed from a suitable contractor registered with the CCMA.

 

Excavation works near tree to be retained 

No soil level changes or excavation shall form part of proposed driveway, relating to the retained tree at the front of the property.

 

(j)   Excavations around the three (3) 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.

 

(k)  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.

 

(l)   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).

 

41.    Tree Removal & Replacement

 

Tree removal

Permission is granted for the removal of the following trees:

Tree Species       

Number of trees

Location

Quercus robor

X1

Front yard, close to street frontage

Eucalyptus pilularis

X1

Backyard, further towards the waterfront, half way down site

 

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.

(b) 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.

 

42.    Vegetation at the rear of the site – the vegetation located at the rear of DW4 adjacent to the Creek shall be appropriately remediated and all noxious weeds removed and the area appropriately cleaned and managed. The following procedures shall occur;

 

·    All works and maintenance must be completed by hand

·    Completed by a Registered Horticulturist who is a current and financial member of AIH – Australian Institute of Horticulture

·    Weed identification and usage shall be accordance with https://weeds.dpi.nsw.gov.au/ to remove noxious weeds and vegetation

·    No machinery shall be used under any circumstance as this is an inter - tidal/ protected marine environment

·    Supervision shall occur by an 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

·    Remediation works shall not conflict with any Bushfire measures especially in respect to maintaining the APZ.

 

The Arborist shall certify the completed works and provide this certification prior to the issuing of the Occupation Certificate.

 

43.    Landscape Plan - A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted prior to the issue of the Construction Certificate. The plan must include:

 

(a) Location of existing and proposed structures, services and  existing trees;

(b) Details of earthworks including mounding and retaining walls and planter boxes;

(c)  Location of proposed plants and a plant schedule showing the plant symbol, botanical name/ common name; quantity; pot size/; and mature height x width.

(d) Details of planting procedure and maintenance;

(e) Landscape specification;

(f)  Details of drainage and watering systems;

(g) Details of garden edging and turf; and

(h) Any required fencing, retaining walls and other structures not shown on other approved architectural and engineering plans.

 

44.    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 follows:

 

Proposed Lot No.

Premises / Dwelling Number

Proposed street address to comply with AS/NZS 4819:2011 and  NSW Addressing Manual

Lot 1

House 1

956 Forest Road LUGARNO NSW 2210

Lot 2

House 2

956A Forest Road LUGARNO NSW 2210

Lot 3

House 3

956B Forest Road LUGARNO NSW 2210

Lot 4

House 4

956C Forest Road LUGARNO NSW 2210

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

 

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

 

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

 

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

 

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

 

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

 

46.    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.

 

47.    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.

 

48.    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.

 

49.    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 Pool Formwork - Before concreting of pool shell, detailing the location of the pool relative to the adjacent boundaries and its height relative to the datum shown on the approved plans.

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

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

 

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.

 

50.    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 applicants expense.

 

DURING CONSTRUCTION

 

51.    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.

 

52.    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.

 

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

 

54.    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 street kerb and gutter system

 

55.    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.

 

56.    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.

 

PRIOR TO ISSUING THE OCCUPATION CERTIFICATE

 

57.    Requirements prior to the issue of the Occupation Certificate- The following shall be completed and or submitted to the PCA prior to the issue of the Occupation Certificate:

 

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

b)   The internal driveway construction works, together with the provision for all services (conduits and pipes laid) shall be completed in accordance with the approved Construction Certificate plans prior to the issue of the Occupation Certificate.

c)   Construct any new vehicle crossings required.

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

e)   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.

f)    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.

g)   The construction of the driveway crossing shall be completed in accordance with the conditions and specifications of the Section 68 Activity Approval.

 

58.    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)   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

c)   Pipe inverts levels and surface levels to Australian Height Datum.

 

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

 

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

 

61.    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:

 

·    952, 958 and 960 Forest Road and 1 Belmore Road, Lugarno

 

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.

 

62.    Requirements prior to the issue of the Occupation Certificate - The following shall be completed and or submitted to the PCA prior to the issue of the Occupation Certificate:

 

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

(b) The internal driveway construction works, together with the provision for all services (conduits and pipes laid) shall be completed in accordance with the approved Construction Certificate plans prior to the issue of the Occupation Certificate.

(c)  Construct any new vehicle crossings required.

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

(e) 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.

(f)  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.

 

63.    Vehicular crossing - Minor development - The vehicular crossing and/or footpath works shall be constructed by a private contractor at the expense of the applicant, in accordance with the Vehicular Crossing Approval issued by Council’s Engineering Services Division and in accordance with Council’s Specification for Vehicular Crossings and Associated Works and the issued. 

 

Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the applicant and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

 

NOTE: No stencilled or coloured concrete may be used outside the boundary of the property.

 

The work must be completed before the issue of an Occupation Certificate.

 

64.    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:

 

d)   Compliance with conditions of development consent relating to stormwater;

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

f)    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;

g)   Pipe invert levels and surface levels to Australian Height Datum;

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

Council’s Engineering Services section must advise in writing that they are satisfied with the Works-As-Executed prior to the issue of an Occupation Certificate.

 

65.    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.

 

66.    Notice to Council – Allocation of street addresses - Prior to the issue of any Occupation Certificate, ‘as-built’ drawings detailing the installed and allocated street/unit address and numbering must be submitted to the satisfaction of Council.

 

PRIOR TO ISSUE OF THE SUBDIVISION CERTIFICATE

 

67.    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)   All the 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)   Construct the new concrete vehicle crossing.

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

(e)   A Final Occupation Certificate shall be obtained from the PCA upon completion of all the construction works required by this approval and the approved Construction Certificate.

(f)   Sydney Water‘s Section 73 Compliance Certificate.

(g)   Compliance with RFS, Ausgrid, Dept of Primary Industries requirements.

(h)   Remediation works at the rear of the site and maintenance of the APZ

 

68.    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

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

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

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

iii.  Any necessary Easements for overhanging roof structures.

 

69.    Terms of Easement for Access (right of carriageway)  - Subject to the conditions in this easement, the Proprietor of the lot burdened grants the Authority Benefited and its Authorised Users the right to enter, pass and repass through and across the Easement Site to access the Lot/s Burdened for the following purposes:

 

(a) to carry out an inspections of the Authorities Stormwater infrastructure within the Lot Burdened; and

(b) in order to install, connect, replace, inspect, clean, repair, maintain or renewing any of the Authorities Stormwater infrastructure within the Lot Burdened; and

(c)  to enter, pass and repass through and across the Easement Site’ with or without vehicles and equipment for such reasonable time as may be necessary for the purpose of installing, connecting, replacing, inspecting, cleaning, repairing, maintaining or renewing the Authorities Stormwater infrastructure within the Lot Burdened.

 

A.  In exercising those powers, Authority Benefited and its Authorised Users must:

 

(a) cause as little inconvenience as practicable to the owners or an occupier of the Lot Burdened;

(b) cause as little damage as is practicable to the Lot Burdened and any improvements on it;

(c)  make good any collateral damage as is practicable to its former condition;

(d) except in an emergency, give the owners or an occupier of the lot burdened or its nominee at least 48 hours notice of their intention to enter the Lot Burdened;

(e) comply with all reasonable requirements and directions of the owners or an occupier of the Lot Burdened.

 

B.  In exercising those powers, the Authority Benefited and its Authorised Users must not:

 

(a) park or stand motor or other vehicles and equipment on the Easement Site unless agreed to by the owner or an occupier of the Lot Burdened,

(b) obstruct use of the Easement Site by any person and equipment unless agreed to by the owners or an occupier of the Lot Burdened.

 

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

 

OPERATIONAL CONDITIONS

 

70.    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.

 

71.    Swimming Pools – Resuscitation Notice - An expired air resuscitation warning notice complying with the Swimming Pools Act 1992 must be affixed in a prominent position adjacent to the pool.

 

72.    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).

 

73.    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.

 

74.    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.

 

75.    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.

 

76.    Private Swimming Pools & Spas – Pump Noise - The swimming pool/spa pump and associated equipment must be located so that the noise emitted does not exceed 5dB(A) above the background level. If this cannot be achieved, a ventilated and sound-proofed enclosure must enclose the pump to achieve the required noise levels.

 

Swimming pool is to be installed with a timer that limits the recirculation and filtration systems operation such that it does not emit noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open):

 

(a) before 8 am or after 8 pm on any Sunday or public holiday, or

(b) before 7 am or after 8 pm on any other day.

 

77.    Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued.

 

78.    Appointment of a PCA - The erection of a building must not commence until the applicant has:

 

(a) appointed a 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, the applicant must:

 

(c)  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

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

(e) 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 PCA for your development.

 

79.    Notification of Critical Stage Inspections - No later than two 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 applicant of the critical stage inspections and other inspections that are to be carried out with respect to the building work.

 

80.    Notice of Commencement - The applicant must give at least two 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.

 

81.    Subdivision Work – Construction Certificate & Appointment of PCA - Subdivision work in accordance with a development consent cannot commence until:

 

(a)     A Construction Certificate has been issued; and

(b)     The applicant has appointed a PCA for the subdivision work.

 

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

 

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

(d)     The applicant 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 Georges River Council as the PCA for your development.

 

82.    Subdivision work – Notice of Commencement - The beneficiary of the development consent must give at least two 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.

 

83.    Critical Stage Inspections - The last critical stage inspection must be undertaken by the PCA.  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.

 

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

 

Where Georges River Council has been appointed as the PCA, 48 hours notice in writing, or alternatively 24 hours notice by facsimile or telephone, must be given when specified work requiring inspection has been completed.

 

85.    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 PCA appointed for the building work can issue the Occupation Certificate.

An Occupation Certificate Application Form is attached for your convenience.

 

PRESCRIBED CONDITIONS

 

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

 

87.    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.

 

88.    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 PCA and the Principal Contractor.

 

89.    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.

 

90.    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.

 

91.    Clause 98E – Site Excavation - Excavation of the site is to extend only to that area required for building works depicted upon the approved plans.  All excess excavated material shall be removed from the site. 

 

All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

 

All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

 

If the soil conditions require it, retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil shall be provided and adequate provision shall be made for drainage

 

ADVICES

 

92.    Access to NSW Legislations (Acts, Regulations and Planning Instruments) - NSW legislation can be accessed free of charge at www.legislation.nsw.gov.au

 

93.    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.

 

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

 

95.    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.

 

96.    Council as PCA – Deemed to Satisfy Provisions of BCA - Should the Council be appointed as the PCA in determining the Construction Certificate, the building must comply with all the applicable deemed to satisfy provision of the BCA.  However, if an alternative fire 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.

 

97.    Access for persons with disabilities - Should the Council be appointed as the PCA, an Access report prepared by an Accredited Access Consultant may be required to be submitted with the Construction Certificate Application, detailing the existing level of compliance in the building with the above requirements, and to provide details of proposed upgrading work necessary to bring the building into conformity with the Premises Standards and the BCA. All recommendations of the accredited access consultant must be incorporated in the plans to be submitted with the Construction Certificate application.

 

98.    Council as PCA – Compliance with the BCA - Should the Council be appointed as the PCA, the Construction Certificate Application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA:

 

(a)     Mechanical air handling, ventilation.

(b)     Essential fire services and equipment including hydrant systems, hose reels, sprinklers, mechanical air handling system, portable fire extinguishers, emergency lights, exit signs, smoke hazard management and warning systems, etc.

(c)     Smoke hazard management system and associated alarm system, stair pressurisation and fire modelling etc.

(d)     Emergency lights, exit signs and warning systems.

(e)     Energy efficiency report demonstrating compliance with the BCA.

(f)      Protection of wall openings that stand less than 3 metres from the boundary or fire source feature.

(g)     Fire Separation and Construction between Occupancies

(h)     Sound Transmission & Insulation between Occupancies

(i)      A new Fire Engineered Building Report prepared by an accredited fire engineer, confirming that the existing alternative solution implemented in the building will not be rendered ineffective by the proposed building alterations and fit-out works.

(j)      Floor plan of the whole of the existing building with sufficient details to enable assessment for compliance with the BCA.

 

99.    Energy Efficiency Provisions - Should Council be appointed as the PCA, a report prepared and endorsed by an Energy Efficiency Engineer or other suitably qualified person must be submitted, detailing the measures that must be implemented in the building to comply with Section J of the BCA. The proposed measures and feature of the building that facilitate the efficient use of energy must be identified and detailed on the architectural plans. At completion of the building and before the issue of an Occupation Certificate, a certificate certifying that the building has been erected to comply with the energy efficiency

provisions must be submitted to the PCA.

 

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

 

100.  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.

 

101.  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).

 

102.  Register your Swimming Pool - All swimming pools in NSW are required to be registered. Fines apply for pools that are not registered. To register please visit: swimmingpoolregister.nsw.gov.au

 

103.  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)     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.

(b)     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.

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

(d)     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).

(e)     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.

 

104.  Sydney Water Section 73 Certificates - The section 73 Certificate must be a separate certificate that relates specifically to this development consent. For example, if the development consent relates to the subdivision of the land, a Section 73 Certificate for the construction of the building that is subject to a different development consent will not suffice.

 

105.  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. 

 

NOTES

 

1.         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.

 

2.         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.

 

3.         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. DA2017/0279) 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.

 

4.         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.

 

 

 

ATTACHMENTS

Attachment 1

Site analysis - 954-956 Forest Rd Lugarno

Attachment 2

Shadows - 954-956 Forest Rd Lugarno

Attachment 3

Elevations - site - 954-956 Forest Rd Lugarno

Attachment 4

Elevations - House 4 - 954-956 Forest Rd Lugarno

 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 5 February 2019

LPP001-19              954-956 Forest Road Lugarno

[Appendix 2]          Shadows - 954-956 Forest Rd Lugarno

 

 

Page 73

 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 5 February 2019

LPP001-19              954-956 Forest Road Lugarno

[Appendix 3]          Elevations - site - 954-956 Forest Rd Lugarno

 

 

Page 74

 


Georges River Council - Georges River Local Planning Panel (LPP) - Tuesday, 5 February 2019

LPP001-19              954-956 Forest Road Lugarno

[Appendix 4]          Elevations - House 4 - 954-956 Forest Rd Lugarno

 

 

Page 75