AGENDA - LPP

Meeting:

Georges River Local Planning Panel (LPP)

Date:

Thursday, 21 November 2019

Time:

4.00pm

Venue:

Council Chambers, Civic Centre, Hurstville

Panel Members:

Adam Seton (Chairperson)

John Brockhoff (Expert Panel Member)

Michael Leavey (Expert Panel Member)

George Vardas (Community Representative)

 

  

1. On Site Inspections - 1.00pm – 3.30pm

a) 172-174 Railway Parade and 1B Gray Street Kogarah

b) 45 Burgess Street Beverley Park

c) 37 Plimsoll Street Sans Souci

d) 83A Kyle Parade Kyle Bay

e) 72Connells Point Road South Hurstville

f) 57-59 Trafalgar Street Peakhurst

g) 268 Carrington Avenue Hurstville

 

 

 

 

Break - 3.30pm

 

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

 

Public Meeting Session Closed - 6.00pm

(Break – Light Supper served to Panel Members)

 


Georges River Council – Local Planning Panel   Thursday, 21 November  2019

Page 2

 

 

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

 

LPP050-19        45 Burgess Street Beverley Park - DA2018/0098

(Report by Senior Development Assessment Planner)

LPP051-19        172-174 Railway Parade and 1B Gray Street Kogarah - DA2018/0285

(Report by Senior Development Assessment Planner)

LPP052-19        57-59 Trafalgar Street Peakhurst - DA2018/0285

(Report by Senior Development Assessment Officer)

LPP053-19        268 Carrington Avenue Hurstville - DA2018/0576

(Report by Development Assessment Planner)

LPP054-19        37 Plimsoll Street Sans Souci - DA2019/0347

(Report by Development Assessment Planner)

LPP055-19        83A Kyle Parade Kyle Bay - DA2019/0128

(Report by Consultant Planner)

LPP056-19        72 Connells Point Road South Hurstville - DA2018/0577

(Report by Development Assessment Planner)

 

 

 

 

4. Confirmation of Minutes

 


 

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 21 November 2019

 

LPP Report No

LPP050-19

Development Application No

DA2018/0098

Site Address & Ward Locality

45 Burgess Street Beverley Park

Kogarah Bay Ward

Proposed Development

Demolition of existing structures, tree removal and construction of an attached two storey dual occupancy with front fencing and associated landscaping works.

Owners

Mr and Mrs Sadig

Applicant

ArtMade Architects

Planner/Architect

Architect: ArtMade Architects Planner: Urbanesque Planning

Date Of Lodgement

20/03/2018

Submissions

Nine (9)

Cost of Works

$1,387,320.00

Local Planning Panel Criteria

The application is referred to the Georges River Local Planning Panel as drainage of the development relies upon an easement located on Council-owned land, being through the Beverley Park Golf Course.

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

Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment; State Environmental Planning Policy (Infrastructure) 2007;

State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Draft Environment State Environmental Planning Policy, Draft Remediation of Land State Environmental Planning Policy

Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013.

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

Site and Elevation Plans

 

 

 

Report prepared by

Senior Development Assessment Planner

 

 

Recommendation

That the application be granted a deferred commencement approval in accordance with the conditions included in the report

 

Summary of matters for consideration under Section 4.15

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

 

Yes 

Legislative clauses requiring consent authority satisfaction

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

 

Yes

Clause 4.6 Exceptions to development standards

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

 

Not Applicable

 

Special Infrastructure Contributions

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

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No, standard conditions have been attached with no design changes. The conditions can be reviewed following publishing of the agenda.

 

Site Plan – allotment outlined in blue

 

Executive Summary

 

Proposal

1.         Council is in receipt of a development application (DA2018/0098) proposing demolition of the existing structures, tree removal and construction of a new two storey attached dual occupancy including a front fence and landscaping works at 45 Burgess Street, Beverley Park, known as Lot 19 in DP 8888.

 

2.         The proposal seeks consent for the removal of three (3) trees located within the property boundaries. One (1) street tree is proposed to be removed to accommodate the new driveway access for the dwellings.

 

Site and Locality

3.         The site is located on the western side of Burgess Street. A single storey clad dwelling with attached covered patio, metal and tiled roof, together with a detached fibro shed with tiled roof, driveway access to rear, and other hard surfaces occupy the site.

 

4.         The site falls about 1.33m from the north eastern corner of Burgess Street to the rear (western) boundary. There are twelve (12) trees located within the property boundaries, and one (1) tree located on the nature strip.

 

5.         To the north is a two storey brick dwelling with metal roof, a front and rear balcony. To the south is a two storey brick dwelling with tiled roof, two street facing balconies and a rear balcony.

 

6.         Burgess Street and the immediate locality comprise various low density residential forms, with the Beverley Park Golf Course located directly behind the subject site to the west.

 

Zoning and Permissibility

7.         The site is zoned R2 Low Density Residential in accordance with the Kogarah Local Environmental Plan 2012. The proposed development is defined as a dual occupancy which is a permissible use in the zone and satisfies the objectives of the zone referenced below:

 

•      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.

 

Figure 1 - Zoning map - Site outlined in blue.

 

Submissions

8.         In accordance with the public notification provisions of the Kogarah Development Control Plan (KDCP), the application was placed on neighbour notification on three (3) separate occasions for a minimum period of 14 days.

 

9.         Nine (9) unique submissions were received as a result of the notification periods. A detailed assessment of these submissions are summarised and addressed in full later in this report.

 

Referrals

10.      The DA was referred to a number of officers within Council, and as a result, responses were generally supportive of the application as discussed in the body of this report.

 

Reasons for Referral to the Local Planning Panel

11.      The application is referred to the Georges River Local Planning Panel for determination as drainage of the development relies upon an easement to be located within Council-owned land, being Beverley Park Golf Course.

 

Conclusions

12.      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, and in particular against the requirements of the relevant Kogarah Local Environmental Plan (LEP) 2012 and Kogarah Development Control Plan (DCP) 2013. The proposal complies with the floor space ratio and height standards of the LEP and sufficient justification has been provided for any variations to the DCP.

 

13.      During the assessment of the application, the applicant was unable to obtain consent from the Beverley Park Golf Club to connect to an easement on the land leased by the Golf Club from Council. A deferred commencement condition has been recommended, requiring the applicant to acquire an easement to drain water from the site.

 

14.      The subject site is identified as flood affected in the Beverley Park Overland Flow Risk Management Study and Plan 2007, however is not identified as being affected by the 1% AEP (1 in 100 year ARI) flood event.

 

15.      The application is recommended as a deferred commencement approval subject to conditions.

 

Report in Full

 

DESCRIPTION OF THE PROPOSAL

16.      Demolition of the existing structures, tree removal and construction of a new two storey attached dual occupancy including a front fence and landscaping works at 45 Burgess Street, Beverley Park. The proposed site plan is shown in Figure 2 below.

 

Figure 2 - Proposed Site Plan

 

17.      The proposal is described in detail as follows:

 

·    Ground Floor – each dwelling contains a single garage, porch, lounge room, bathroom, laundry, open plan kitchen, dining and family room, and outdoor patio at the rear of the dwelling. Private open space is located at the ground level at the rear of each dwelling.

 

·    First Floor – each dwelling contains four bedrooms with the master containing an ensuite and walk in robe and a bathroom. A balcony to the front elevation is provided to Lot A.

 

·    The front fence is 1.2m high and a combination of masonry piers and open-style infill timber horizontal slats.

 

·    The proposal seeks consent for the removal of three (3) trees located within the property boundary. One (1) street tree is proposed to be removed to accommodate the new driveway access for the dwellings.

 

DESCRIPTION OF THE SITE AND LOCALITY

18.      The subject site is formally known as Lot 19 in DP 8888, is known as 45 Burgess Street, Beverley Park, and has a site area of 696.8sqm. The site is occupied by a single storey clad dwelling with metal and tiled roof, attached covered patio, a detached fibro shed with tiled roof and driveway access to the rear.

 

19.      The site falls about 1.33m from the north eastern corner of the site from Burgess Street to the rear (western) boundary. There are twelve (12) trees located within the property boundaries, and one (1) street tree located on the nature strip.

 

20.      To the north is a two storey brick dwelling with metal roof, a front and rear balcony. To the south is a two storey brick dwelling with tiled roof, two street facing balconies and a rear balcony.

 

21.      Burgess Street and the immediate locality comprise various low density residential forms, with the Beverley Park Golf Course located directly behind the subject site to the west.

 

BACKGROUND

22.      The original application was submitted in March 2018, seeking consent for an attached dual occupancy over basement parking and proposing connection to an easement to drain water on the adjoining site to the rear, the Beverley Park Golf Course, which is land owned by council.

 

23.      Amended plans were submitted in October 2018 in response to issues raised by council staff, including deletion of the basement parking (which resulted in the height limit being exceeded) and reducing the height of the building to comply with the 9m height limit.

 

24.      Amended plans were submitted on 29 October 2019 (these plans form the basis of this assessment report) to address issues raised by council staff, including FSR, garage setbacks, side setbacks, floor level of the outdoor terraces and the dwelling entries. The amended plans satisfy the concerns raised by staff and are recommended for approval via a deferred commencement determination.

 

STATE ENVIRONMENTAL PLANNING POLICIES (SEPP)

25.      Compliance with the relevant state environmental planning policies is summarised in the table, and discussed in more detail below.

 

State Environmental Planning Policy

Complies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

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

Yes

State Environmental Planning Policy No 55 - Remediation of Land

Yes

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

Yes

State Environmental Planning Policy (Infrastructure) 2007

Yes

 

Deemed State Environmental Planning Policy – Georges River Catchment

26.      All stormwater from the proposed development can be treated in accordance with Council’s Water Management Policy and will satisfy the relevant provisions of the Deemed State Environmental Planning Policy – Georges River Catchment. A deferred commencement condition is recommended requiring the applicant to obtain an easement to drain water from the sire over the adjoining Council-owned land.

 

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

27.      A BASIX Certificate has been issued for the proposed development and the commitments required under the certificate have been satisfied.

 

State Environmental Planning Policy No 55 - Remediation of Land

28.      SEPP 55 aims to promote the remediation of contaminated land in order to reduce the risk of harm to human health or any other aspect of the environment.

 

29.      Clause 7 requires contamination and remediation to be considered in determining a development application. The consent authority must not consent to the carrying out of development on land unless it has considered whether or not the land is contaminated.

 

30.      The site has a history of residential uses and as such, site contamination is not suspected. In this regard, no further assessment is warranted with regard to site contamination.

 

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

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

 

32.      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). 

 

33.      The Vegetation SEPP repeals clause 5.9 and 5.9AA of the Standard Instrument - Principal Local Environmental Plan with regulation of the clearing of vegetation (including native vegetation) below the BOS threshold through any applicable DCP.

 

34.      The proposed development does not involve the removal of any significant trees or vegetation. Suitable replacement planting for the trees proposed for removal is proposed, and has been included in the recommended conditions of consent. In this regard, the provisions of this SEPP are considered to be met.

 

DRAFT STATE ENVIRONMENTAL PLANNING POLICIES

 

Draft Environment SEPP

35.      The Draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018. This consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property.

 

·      Changes proposed include consolidating the following seven existing SEPPs:

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

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

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

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

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

·      Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

 

36.      The proposal is consistent with the provisions of this Draft Instrument given there is no significant vegetation impacted by the proposed development.

 

Draft Remediation of Land SEPP

37.      The Department of Planning and Environment has announced a Draft Remediation of Land SEPP, which will repeal and replace the current State Environmental Planning Policy No 55—Remediation of Land.

 

38.      The main changes proposed include the expansion of categories of remediation work which requires development consent, a greater involvement of principal certifying authorities particularly in relation to remediation works that can be carried out without development consent, more comprehensive guidelines for Councils and certifiers and the clarification of the contamination information to be included on Section 149 Planning Certificates.

 

39.      Whilst the proposed SEPP will retain the key operational framework of SEPP 55, it will adopt a more modern approach to the management of contaminated land.

 

40.      The subject site has a history of residential use and as such, site contamination is not suspected. In this regard, no further assessment is warranted with regards to site contamination.

 

ENVIRONMENTAL PLANNING INSTRUMENTS

 

Kogarah Local Environmental Plan 2012

41.      The provisions of this Local Environmental Plan are relevant to the proposal. The extent to which the proposal complies with the relevant standards of Kogarah Local Environmental Plan 2012 (KLEP2012) is outlined in the table below.

 

Clause

Standard

Proposed

Complies

2.7 - Demolition

Demolition is permissible with consent

Demolition is proposed as part of this application.

Yes

4.1B – Minimum lot size for dual occupancies

650sqm

Site Area = 696.8sqm

Yes

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

Maximum 7.9m

Yes

4.4 – Floor Space Ratio

0.55:1 as identified on Floor Space Ratio Map

See Clause 4.4A below.

 

4.4A -  Exceptions to floor space ratio for residential accommodation in Zone R2

Site area between 650sqm and 800sqm:

 

[(lot area − 650) × 0.3 + 357.5] ÷ lot area:1

Maximum = 371.54sqm (0.53:1).

 

Proposed = 371.3sqm (0.53:1).

 

 

 

Yes

6.1 – Acid Sulphate Soils

The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.

The site is identified as being affected by Class 2 and Class 5 Acid Sulphate Soils.

 

An Acid Sulfate Soils Assessment Report was submitted with the application which concludes following the borehole testing on site confirmed no potential for acid sulfate soils.

Yes

6.2 – Earthworks

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

Minimal excavation is proposed and commensurate with what would be expected for a development of this type and scale.

The basement has been deleted and the floor levels are above the recommended levels by Council’s Drainage Engineer.

Yes

6.3 – Flood Planning

Requires assessment to minimise the flood risk to life and property associated with the use of land; to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change; and to avoid significant adverse impacts on flood behaviour and the environment.

 

Council’s Flood Engineer has carried out an assessment of the impact of flooding from the immediate adjoining sites, in particular the rear adjoining Beverley Park Golf Course.

 

With the amendment of the plans to delete the basement level and finished floor levels being above recommended freeboard levels, Council’s Flood Engineer does not raise any concerns with the proposal in relation to flooding impacts.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Development control plans

 

Kogarah Development Control Plan 2013

42.      The provisions of this Development Control Plan are relevant to the proposal. An assessment of the proposal against the key controls in the Development Control Plan is tabled as follows.

 

Applicable DCP Controls

Standards

Proposal

Complies

1.2.1 Floor space Requirements

(5) Blank walls and flat facades should be avoided. Walls longer than 10m should be articulated by a minimum 300mm projection or indentation in the façade.

 

(7) Where proposed development includes a two (2) residential level element, then the second level should not extend beyond 60% of the depth of the allotment measured from the street boundary. Where side boundaries are of varying length, the second level is limited to a line across the block between the points on both boundaries, see Figures 1 and 2.

All walls include suitable fenestration and articulation.

 

 

 

 

 

The first floor does not extend beyond 60% of the depth of the lot.

Yes

 

 

 

 

 

 

 

Yes

1.2.2 Building Heights

(1) 7.2m to the underside of the upper ceiling

7.8m to the top of the parapet

 

 

(2) The maximum number of residential levels is two (2), except where the site has a slope exceeding 1:8 (12.5%), where the maximum number of residential levels is three (3).

Max. 7.2m to ceiling

 

Max. 7.9m to parapet

 

 

 

The proposal is two storeys.

 

Yes

 

No – refer to comments below.

 

Yes

Comment on parapet height

The site slopes gently from street level to the rear boundary which results in the proposal exceeding the maximum parapet height by 100mm at the rear of Dwelling B. Despite these non-compliances the overall height of the proposal has a maximum height of 7.9m and therefore complies with the LEP height limit of 9m.

 

It is noted that the architectural roof line of the front façade of the proposal complies with the parapet and overall height limit. The minor breech of the parapet height control is isolated to the south western corner of the roof of Dwelling B and is therefore supported. The minor non-compliance does not contribute to the loss of solar access as it is located at the front of the dwelling.

1.2.3 Rhythm of the Built Elements in the Streetscape

(1) The primary building façade should not exceed 40% of the overall width of the total frontage (Figure 6).

 

 

 

 

(2) The secondary building façade should be set back a minimum of 1.5 metres from the primary building façade (Figure 7).

 

(3) Where the dominant built form in the streetscape provides for a pitched hip or gable ended presentation to the street, the new buildings and/or additions should reflect that roof form.

The front façade is articulated into four sections, being separate garages and the entry to each dwelling. The modulated façade is tied together with the angled roof feature.

 

The secondary facades are setback between 2m and 4m from the primary façade.

 

 

 

A flat roof is proposed which is consistent with newer development in the area. In addition the angled roof feature creates an articulation to the front façade that reflects a more traditional pitched roof form that is common in the locality.

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

1.2.4.2 Front Setbacks

Primary frontage setback: Minimum 5.5m

Minimum 5.5m to the garage of Lot A.

Yes

1.2.4.3 Side and Rear Setbacks

Rear - Buildings are to have a minimum rear setback of 15% (6.8m) of the average site length, or 6m, whichever is greater.

 

Side - For buildings having a wall height of greater than 3.5m, the minimum side boundary setback is 1200mm

Dwelling A – 12.9m

Dwelling B – 11.16m

 

 

 

 

 

Minimum 1.2m (ground and first floor).

Yes

 

 

 

 

 

 

Yes

1.2.5 Fenestration and External Materials

(1) New buildings and alterations and additions should present a primary building façade and roofing that is constructed of materials, and within a colour range, that is complementary to the dominant character of buildings in the streetscape.

 

(2) Garage doors should not dominate the street front elevation (Figure 16).

 

(3) The roof should be similar to the angle of pitch, materials and colour of roofs in the streetscape (Figure 14).

 

(4) The colours of garages, window frames, and balustrading on main facades and elevations are to be integrated with the external design of the building.

 

(5) Glazing shall be limited to a maximum 35% of the total area of the overall street front façade. This includes both primary and secondary façade bays (Figure 15).

 

(6) Where garaging is in the front façade it should be limited to a maximum of two garage bays, with separate garage door openings of a maximum width of 3m.

The proposed colours, materials and finishes are suitable for this modern and contemporary development.

 

 

 

 

 

 

One single garage door per dwelling is proposed and are offset from one another.

 

Flat roof is proposed which is consistent with more recent modern contemporary construction in the area.

 

Suitable colours are proposed, including neutral browns, white, timber and metal cladding.

 

 

 

Less than 35% of the front façade is glazed.

 

 

 

 

 

 

 

One single garage door is proposed per dwelling, being 3m wide and they are offset from one another providing differing street setbacks.

 

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

1.2.6 Street edge

(1) New developments should provide front fencing that complements fencing within the streetscape.

 

 

(2) Fencing is to be consistent with the requirements of Section 4.2.

 

(3) Existing vegetation in the front building line setback or on the street verge that contributes to the character of the streetscape should be preserved.

 

(4) The driveway location should not result in the removal of any street trees or removal of substantial trees on the site.

A 1.2m high fence is proposed being a combination of masonry and horizontal timber infills which is suitable for the streetscape.

 

Complies.

 

 

 

 

One street tree is proposed to be removed and will be replaced with two street trees via a recommended condition of consent.

 

 

One street tree is proposed to be removed and will be replaced with two street trees via a recommended condition of consent.

Yes

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

1.3 Open Space

 

(1) 15% of the site area must be deep soil landscaped area.

 

(2) Private open space should be adjacent to and visible from the main living and/or dining rooms and be accessible from those areas.

34% of the site is deep soil landscaping.

 

 

Private open spaces are directly adjacent to the living areas.

The patio is elevated above the landscaped garden area.

Yes

 

 

 

Yes

1.4 Vehicular access, parking and circulation

 

(1) Car parking is to be provided in accordance with the requirements in Section B4.

 

Dual occupancy: 1.5 spaces/dwelling

 

(2) On corner sites with two street frontages vehicular access should be provided to the secondary frontage.

 

(3) Garages should be accessed from a rear lane where this is available.

 

(4) Crossings are to be positioned so that on-street parking and landscaping on the site are maximised, and removal or damage to existing street trees is avoided.

 

(5) Garaging should be setback behind the primary façade.

 

(6) The maximum driveway width between the street boundary and the primary building façade is 4m.

 

(7) Where the dominant provision of garaging within the streetscape is provided to the rear or side of developments, new developments and additions to existing development should provide for a side driveway or garaging behind the main street front elevation of the building.

 

 

 

 

 

(8) Basement parking is not encouraged on flat sites. Garaging should be provided at ground level unless the slope of the site exceeds 1:8 (12.5%) in which case a basement or suspended garage may be acceptable.

 

(9) Where a basement garage is proposed, the maximum height of the basement above ground level (existing) is 1m measured to the underside of the basement ceiling. Where the basement exceeds 1m above ground level (existing), the basement will be considered to be a floor (Figure 17). Note: Floor means the space within a building which is situated between one floor level and the floor level next above or if there is no floor above, the ceiling or roof above.

 

(10) For basement garages the maximum amount of excavation is to be limited to required car parking and any manoeuvring areas, access stairwells, lift wells and storage areas.

 

(11) Storage areas within basements or garages must not exceed 10sqm per dwelling (with a minimum width of 500mm).

 

(12) Car parking layout and vehicular access requirements and design are to be in accordance with the Australian Standards, in particular AS 2890.1-2004.

 

(13) Dual occupancy development must have only one single fronted garage per dwelling. Where garaging is required for 2 cars, this must be tandem parking.

 

 

 

 

 

2 spaces per dwelling are proposed.

 

N/A

 

 

 

 

 

N/A

 

 

 

 

Two crossings are proposed to allow for consolidation of areas of landscaping in the front setback for each dwelling.

 

 

 

The garages are located forward of the dwelling entries.

 

2.6m per driveway.

 

 

 

 

 

 

There is no dominant garage or parking design in the locality. The immediate area is characterised by older style dwellings and more recently constructed two storey dwellings and dual occupancies with garages forming the primary building faced and the wall of the dwelling behind.

 

Basement parking is no longer proposed.

 

N/A

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

Storage is not proposed in the garages.

 

 

 

 

 

Complies

 

 

 

 

 

 

 

One single garage per dwelling proposed.

 

 

 

 

 

 

 

 

 

Yes

 

 

N/A

 

 

 

 

 

N/A

 

 

 

 

Yes

 

 

 

 

 

 

 

 

No – refer to comments below.

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Comments on garage location

The front façade of the proposal is articulated into four bays, being the separate single garages and the entry to each dwelling. There are a number of examples of dwellings with garages forward of the building line or front façade of the dwelling in the immediate area, including the dwelling adjoining the subject site to the north.

 

The objectives of the control are:

 

(a) New buildings and alterations and additions should reflect the dominant building rhythm of the streetscape with regard to the location, spacing and proportion of built elements in the street elevation.

 

(b) Where the dominant street front elevation of the buildings provides for a double fronted or articulated front façade, new buildings and additions should provide an articulated front façade.

 

The proposal meets the objectives of the control and given the mixed design of the dwellings and established building lines in the locality, and the fact the proposal is consistent with the setback of both adjoining properties, the technical non-compliance of the garages being located in front of the building line is supported as it does not undermine the rhythm of the streetscape and built form.

1.5.1 Visual Privacy

(1) Windows from active rooms are to be offset between adjacent dwellings so as to avoid direct overlooking onto neighbouring windows.

Living area windows are located on the ground floor and are oriented to the rear yards. The side-facing living room windows at the front of each dwelling have high sill heights and will not overlook neighbouring properties.

Yes

1.6 Solar Access

(1) At least 50% of the primary private open space of the proposed development should have access to a minimum of four hours of sunlight between 9am–3pm on 21 June.

 

(2) Where private open space is proposed on the southern side of the building the distance from the southern boundary of the open space to the nearest wall to the north must be a minimum of 3m + h, where h is the height of the wall (Figure 20).

 

(3) Where the neighbouring properties are affected by overshadowing, at least 50% of the neighbouring existing primary private open space or windows to main living areas must receive a minimum of 3 hours sunlight between 9am–3pm on 21 June (Figure 21).

Each area of private open space will receive at least 4 hours of sunlight during midwinter.

 

 

 

 

Private open space is located to the west of the dwellings.

 

 

 

 

 

 

 

 

 

Adjoining properties will receive sunlight to in excess of 50% of the private open space area for greater than 3 hours.

 

Yes

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

 

Yes

2.1 Dual Occupancies

Minimum frontage: 18m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minimum site area: 850sqm

 

 

15.24m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

696.8sqm

No – refer to Refer to comments following this table in relation to minimum site width control as per the Georges River Development Control Plan 2020 (Interim Policy).

 

N/A – LEP permits a site area of 650sqm.

4.2.3 Retaining walls

(1) Retaining walls over 600mm in height must be designed by a suitably qualified structural engineer.

Conditions will be imposed directing the construction of all retaining walls.

Yes, condition recommended

 

Georges River Development Control Plan 2020 (Interim Policy)

43.      The Interim Policy is a supplementary document, meaning that current DCP controls continue to apply if a particular control is not specified in the Interim Policy, or if it is still considered best practice. All operative DCPs still legally apply. Whilst the Interim Policy has no statutory recognition in the assessment of a Development Applications pursuant to the Environmental Planning & Assessment Act 1979, the policy will be used as a guide as it is an endorsed position of the Council.

 

44.      In relation to dual occupancy development, the Interim Policy states the minimum site width for an attached dual occupancy is 15m, with which the site complies.

 

45.      In addition, in Picciau v Georges River Council [2019] NSWLEC 1114, Commissioner Dickson found that a flexible approach to the application of the lot width performance criteria was acceptable in the case (a proposal for a dual occupancy development on a 12m wide site) as the width of the site at the front façade of the dwelling(s) was 15m, and the proposal met the zone objectives and did not result in any unreasonable adverse impacts on the amenity of neighbouring properties.

 

Developer Contributions

The following Section 7.11 contributions have been levied for the development.

 

DEVELOPMENT CONTRIBUTIONS

Kogarah Section 94 Development Contributions Plan No.1 - Roads and Traffic Management - Residential

$645.30

Kogarah Section 94 Development Contributions Plan No.5 - Open Space 2007

$29,916.04

Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Buildings

$783.44

Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Books

$558.60

Total for development contributions

$31,903.38

 

IMPACTS

Natural Environment

46.      The proposal is unlikely to result in adverse impacts to the natural environment subject to the site being planted with replacement trees as included in the recommended conditions of consent. The removal of existing trees has been reviewed by Council’s Consultant Arborist and is deemed acceptable. A condition will also require two street trees to be planted along the frontage of the site to replace the one street tree being removed.

 

47.      Appropriate stormwater conditions have been recommended including a deferred commencement condition requiring the applicant to obtain an easement to drain water and connection into an existing easement on council owned land at the rear being within the Beverly Park Golf Course.

 

Built Environment

48.      The proposal complies with the height of buildings and floor space ratio standards of the KLEP 2012, and represents an acceptable planning outcome for the site with respect to its bulk, scale and density, façade articulation and expression and is an appropriate response to the context of the site and its R2 Low Density Residential zoning. The development is consistent with objective of the Development Control Plan (DCP) and the Interim Development Control Plan 2020.

 

Social Impact

49.      No adverse social impacts have been identified as part of the assessment. The additional dwelling will assist with providing additional housing in the area. The construction of a dual occupancy on the site is consistent with the residential zoning of the land.

 

Economic Impact

50.      There is no apparent adverse economic impact that is likely to result within the locality due to the construction of additional dwellings.

 

Suitability of the site

51.      The site is zoned R2 Low Density Residential. The proposal is a permissible form of development in this zone. The site is suitable for the construction of a dual occupancy and the proposal fully complies with the relevant KLEP 2012 standards. The site is considered suitable for the proposed development.

 

52.      The applicant has applied for subdivision of the dual occupancy as part of this application; however subdivision does not form part of the consent. A condition of consent has been recommended that states a separate development application is required to be lodged with Council for the Torrens Title Subdivision of a Dual Occupancy.  Development consent for Torrens Title Subdivision cannot be granted until after the final Occupation Certificate has been issued for the Dual Occupancy Development.

 

SUBMISSIONS AND THE PUBLIC INTEREST

53.      The proposal was placed on exhibition on three separate occasions for a period of fourteen (14) days during which time nine (9) submissions were received. The submissions raised the following issues.

 

Round 1 of Notification (original DA plans) April 2018

Basement Parking

54.      Comment: Basement parking was deleted from the proposal by amended plans submitted in October 2018.

 

Rear setback and privacy impacts

55.      Comment: The required setback for the site is 6.8m and the proposal exceeds this control by 6.1m for Dwelling A (north) and 4.36m for Dwelling B (south). The first floor rear setback complies with the DCP control that restricts all first floor development to a maximum of 60% the depth of the lot. Privacy impacts to neighbours are minimised by the provision of privacy screen to the side of the outdoor terraces at the rear of each dwelling, which have been lowered by 0.5m from the original plans submitted with the application. Primary living rooms are located on the ground floor and all first floor windows facing the side boundaries have high sill heights.

 

Lowering of the water table and impacts on neighbour

56.      Comment: Basement parking was deleted from the proposal by amended plans submitted in October 2018, as a result lowering of the water table is unlikely as the only excavation relates to the footings associated with the development.

 

Visual bulk of the building

57.      Comment: The proposed development fully complies with the FSR and building height standards of the Kogarah LEP 2012 and the setback controls of the Kogarah DCP 2013. It is acknowledge there is a parapet height breach of 100mm, however this does not result in unacceptable bulk as it will barely be perceived resulting in a development that is of a suitable bulk and scale for the site.

 

Increased noise and excavation

58.      Comment: Standard conditions of consent are recommended to control noise levels during construction. Basement parking was deleted from the proposal by amended plans submitted in October 2018 and as a result excavation is now minimal.

 

Overshadowing to 47 Burgess Street

59.      Comment: The proposal demonstrates compliance with the solar access controls in the DCP in that 47 Burges Street will continue to receive at least 3 hours sunlight during mid-winter to the private open space area.

 

Inadequate drainage

60.      Comment: The application seeks approval to connect to a drainage easement located on the land occupied by the Beverly Park Golf Course (which is owned by council). The recommendation of this report is for the Panel to grant a deferred commencement approval, subject to the applicant gaining approval from the Beverly Park Golf Club to connect into the easement within the area they lease from Council.

 

Objection to side windows on the ground and first floor

61.      Comment: Privacy impacts to neighbours are minimised by the provision of privacy screens to the side of the outdoor terraces at the rear of each dwelling, which have been lowered by 0.5m from the original plans submitted with the application. Primary living rooms are located on the ground floor and all first floor windows facing the side boundaries have high sill heights and are low-activity rooms. It is unreasonable to require a dwelling in this setting to only have front and rear facing windows or doors.

 

Floor space ratio and impervious area non-compliance

62.      Comment: The amended proposal complies with the maximum FSR standard applicable to the site and exceeds the required amount of deep soil on the site.

 

Risk of damage to neighbouring property

63.      Comment: Standard conditions of consent are recommended in relation to construction activity and damage to adjoining properties. The deletion of the basement level has reduced the extent of excavation.

 

The design in inconsistent with neighbouring dwellings

64.      Comment: The proposed design has been assessed on its merits and is supported.

 

Round 2 of Notification (amended plans submitted October 2018) November 2018

65.      In addition to issues raised and addressed in Round One above.

 

One garage in front of the other

66.      Comment: The amended plans submitted in October 2019 have reduced the extent of the distance that one garage is located in front of the other to 1.5m. Given the established pattern of development in the immediate locality, of garages located forward of the building line, the proposed arrangement is supported.

 

Round 3 of Notification March 2019

67.      No additional issues raised that have not been addressed in Round One or Round Two.

 

REFERRALS

Council Referrals

 

Stormwater Engineering

68.      Council’s Stormwater Engineer has carried out an assessment of amended proposal and has raised no issue subject to the connection of stormwater to the easement.

 

Development Engineering

69.      Council’s Development Engineer has carried out an assessment of the proposed stormwater management system for the site. The proposal is supported subject to the connection of the stormwater from the site to the easement within the Golf Course land. 

 

70.      The proposal relies on connection to an existing easement located on Council land (the golf club) at the rear of the property. The applicant was unable to obtain the approval of the Golf Club during the assessment of the application, and as such a deferred commencement condition has been recommended providing the applicant 36 months to obtain an easement over the Council-owned land at the rear of the site, currently leased by the Golf Club.

 

Tree and Landscape Officer

71.      Council’s Tree and Landscape Officer has carried out an assessment of the proposed tree retention and tree removal for the site, and has raised no concerns with the proposal subject to conditions of consent for replacement planting.

 

Public Interest

72.      The proposal is of a scale and character that will not conflict with the public interest, given the density and built form.

 

CONCLUSION

73.      The proposal has been assessed with regard to the matters for consideration listed in Section 4.15 of the Environmental Planning and Assessment Act 1979. The proposal is an appropriate response to the context of the site and will result in a good planning and urban design outcome in the locality.

 

74.      The proposal has been assessed against the provisions of the Kogarah Local Environmental Plan 2012 and Kogarah Development Control Plan 2013 and complies with the height of building and floor space ratio development standards of the Local Environmental Plan and meets the objectives of the Kogarah Development Control Plan 2013. Any variations to the DCP controls have been addressed and are worthy of support on merit.

 

75.      The proposal will not result in adverse impacts to the amenity of adjoining properties subject to the conditions of consent recommended below.

 

76.      A deferred commencement condition in relation to drainage has been recommended as follows:

 

a)    The applicant must acquire an Easement to Drain Water of 1.0 metre (minimum) width. The easement must allow for a piped, gravity fed system of drainage of stormwater from the subject site with direct, underground connection to Council's pipe in the adjacent downstream property.

 

Evidence of registration of the easement to drain water benefitting the subject site and burdening the title of the affected property is to be provided to Council.

b)    A plan showing the longitudinal section of the proposed pipe within the drainage easement with detailed connection into Council’s pipe shall accompany the submission.

 

77.      For the above reasons, the proposal is recommended for deferred commencement approval subject to the conditions included within the recommendation below.

 

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

78.      The reasons for this recommendation are:

·        The proposal is an appropriate response to the site and is consistent with the desired future character of the R2 zone and existing development in the locality.

·        The proposal is fully compliant with the maximum height of building and floor space ratio limits that applies to the site under Kogarah Local Environmental Plan 2012.

·        The proposal’s bulk and scale is appropriately contained within a generally compliant building envelope that is respectful of the established character of the area in relation to height, street setback and boundary setbacks.

·        The proposal has sufficient façade modulation and wall articulation that will serve to provide visual interest and reduce the bulk of the building.

 

 Determination

79.      THAT pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979 (as amended) development consent is granted to Development Application DA2018/0098 for demolition, tree removal and construction of a dual occupancy at Lot 19 in DP 8888, known as 45 Burgess Street, Beverley Park, subject to the following conditions of consent.

 

80.      This Development Application is a Deferred Commencement Consent under Section 4.16(3) of the Environmental Planning and Assessment Act (as amended) 1979. Strict compliance is required with all conditions appearing in Section A within thirty six (36) months from the Determination Date of this consent. Upon confirmation in writing from Georges River Council that the Section A Conditions have been satisfied, the consent shall commence to operate as a Development Consent for a period of five (5) years from the Determination Date of this consent.

 

Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, this consent will not operate until the following requirements are satisfied:

 

SECTION A – DEFERRED COMMENCEMENT CONDITIONS

 

A.        Deferred Commencement – Drainage - Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, this consent will not operate until such time as the following requirements are met to the satisfaction in writing of the Manager Development and Building.

 

a)         The applicant must acquire an Easement to Drain Water of 1.0 metre (minimum) width.  The easement must allow for a piped, gravity fed system of drainage of stormwater from the subject site with direct, underground connection to Council's pipe in the adjacent downstream property.

 

Evidence of registration of the easement to drain water benefitting the subject site and burdening the title of the affected property is to be provided to Council.

 

b)         A plan showing the longitudinal section of the proposed pipe within the drainage easement with detailed connection into Council’s pipe shall accompany the submission.

 

Documentary evidence as requested or the above information must be submitted within thirty six (36) months of the granting of this deferred commencement consent.

 

Commencement of the consent cannot occur until written approval of the submitted information has been given to Council.

 

Subject to the above being satisfied, development consent be issued, subject to the following conditions:

 

SECTION B – GENERAL DEVELOPMENT 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.

Date

Revision

Prepared by

Proposed Site Plan

A02.01

25.10.19

D

ArtMade Architects

Ground Floor Plan

A03.01

25.10.19

D

ArtMade Architects

First Floor Plan

A03.02

25.10.19

D

ArtMade Architects

External Elevations Sheet 1

A04.01

25.10.19

D

ArtMade Architects

External Elevations Sheet 2

A04.02

25.10.19

D

ArtMade Architects

Building Sections

A05.01

25.10.19

D

ArtMade Architects

Schedule of External Finishes

A06.01

25.10.19

D

ArtMade Architects

Landscape Plan

L-01

23.10.18

B

RFA Landscape Architects

 

Separate Approvals Required Under Other Legislation

 

2.         Section 138 Roads Act 1993 and Section 68 Local Government Act 1993 - Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

 

Separate approval is required under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath) listed below.

 

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

 

(a)     Placing or storing materials or equipment;

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

(c)     Erecting a structure or carrying out work

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

(e)     Pumping concrete from a public road;

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

(g)     Constructing a vehicular crossing or footpath;

(h)     Establishing a “works zone”;

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

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

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

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

 

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

 

The relevant Application Forms for these activities can be downloaded from Council’s website www.georgesriver.nsw.gov.au. For further information, please contact Council’s Customer Service Centre on (02) 9330 6400.

 

3.         Driveway Crossing - Minor Development - Constructing a driveway 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 “Application for Driveway Crossing and Associated Works on Council Road Reserve” issued under Section 138 Roads Act.” 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 Driveway Crossing applications.

 

An approval for a new or modified driveway 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.

 

The design boundary level is to be received from Council prior to construction of the internal driveway.

 

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

 

5.         Subdivision - No approval is granted to the subdivision of this dual occupancy.

 

Requirements of Concurrence, Integrated & Other Government Authorities

 

6.         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.

 

7.         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.

 

Prior to the Issue of a Construction Certificate

 

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

 

An on-site detention (OSD) facility designed by a professional engineer who specialises in Hydraulic Engineering must be designed, approved and installed.  The design must include the computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

 

a)      peak flow rates from the site are to be restricted to a permissible site discharge (PSD) equivalent to the discharge when assuming the site contained a single dwelling, garage, lawn and garden,

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

 

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

      

The OSD facility shall be designed to meet all legislated safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm. A durable metal plate or similar sign is to be placed at the OSD facility and must bear the words:

 

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

 

Full details shall accompany the application for the Construction Certificate.

 

9.         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.

 

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

 

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

 

Please contact Council prior to the payment of Section 7.11 Contributions to determine whether the amounts have been indexed from that indicated below in this consent and the form of payment that will be accepted by Council.

 

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

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

 

Fee Type

Fee

GENERAL FEES

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

Builders Damage Deposit

$1,900.00

Inspection Fee for Refund of Damage Deposit

$155.00

DEVELOPMENT CONTRIBUTIONS

Kogarah Section 94 Development Contributions Plan No.1 - Roads and Traffic Management - Residential

$645.30

Kogarah Section 94 Development Contributions Plan No.5 - Open Space 2007

$29,916.04

Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Buildings

$783.44

Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Books

$558.60

                                               

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 7.11 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.

 

Indexation

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

 

Timing of Payment

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

 

Further Information

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

 

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

 

a)      Pay Council, before the issue of the Construction Certificate, a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,900.00

 

b)      Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee to enable assessment of any damage and repairs where required: $155.00

 

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.

 

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

 

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.

 

13.       BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 903114M_02 must be implemented on the plans lodged with the application for the Construction Certificate.

 

14.       Required design changes - The following changes are required to be made and shown on the Construction Certificate plans:

 

Landscape Plans

Amended landscape plans are to be submitted with the Construction Certificate plans that reflect the approved plans and the conditions in relation to additional planting listed in this consent.

 

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

 

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

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

(c)     All clean water runoff is diverted around cleared or exposed areas

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

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

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

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

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

 

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

 

16.       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) Prior to the issue of a Construction Certificate, a longitudinal section of the new stormwater pipe from the subject site through the adjacent downstream property: surface levels, invert levels and public utility services shall be submitted to Council’s satisfaction.

(b) All stormwater from the site shall drain by gravity to a new proposed Junction Pit over Council’s existing pipe subject to the satisfaction of Council’s Asset and Infrastructure engineers in writing prior to the issue of the Construction Certificate.

(c)  The construction of the new proposed site stormwater disposal pipe shall be to the satisfaction of Council’s Asset engineer for approval.

(d) It is recommended that the design of the driveway profile shall keep a crest level along the boundary to avoid that the street gutter flow would be running into the basement.

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

 

17.       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).

 

18.       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.

 

19.       Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Ray Fuggle Architects, reference numbers - 4415a, L - 01. The landscaping shall be maintained in accordance with the approved plans in perpetuity, subject to the following -

 

a) A replacement tree for the Elaeocarpus reticulatus proposed within the backyard is to be replaced with an Australian native that shall reach a height of nine (9) metres at maturity.

 

b) Two Callistemon viminalis are to be planted on the council verge.

 

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

 

20.       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 out from tree

Magnolia grandiflora ”Little Gem”

Within backyard of 47 Burgess St Beverley Park

3.0 metres

Magnolia grandiflora “Liittle Gem” x 2

Within front yard of 47 Burgess St Beverley Pk

2.4 metres

 

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

 

General Tree Protection Measures

(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 (AQF Level 5 or above in Arboriculture).

(d)       The Arborist must be present on-site during the stages of construction when works are being undertaken that could impact on the tree canopy or root zone within the tree protection zone to implement the tree protection measures as required.

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

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

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

 

Excavation works near tree to be retained

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

(i)         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.

(j)         Tree Protection Zone around the trees to be retained are not to have soil level changes 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).

 

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

 

Tree Species

Number of trees

Location

Gingko biloba

X1

Within backyard, south fence

Schefflera actinophylla

X1

Within backyard, south fence

Plumeria acutifolia

X1

Front yard of site

Callistemon viminalis

X1

Councils street tree

 

General Tree Removal Requirements

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

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

(c)  Council shall be appointed to remove and or 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.

 

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.

 

22.       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 is allocated as follows:

 

Dwelling description on plans

Location within development

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

Lot A

Northern dwelling

45 Burgess Street BEVERLEY PARK  NSW  2217

Lot B

Southern dwelling

45A Burgess Street BEVERLEY PARK  NSW  2217

 

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) 

 

23.       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.

 

24.       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.

 

25.       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.

 

26.       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 the Principal Certifying Authority (PCA) and Council for their records.

 

27.       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.

 

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

 

During Construction

 

29.       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.

 

30.       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.

 

31.       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.

 

32.       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.

 

33.       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.

 

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

 

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

 

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

 

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

 

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

 

Prior to the issue of the Occupation Certificate

 

37.       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 Certificate.

 

38.       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)   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.

 

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

 

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

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

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

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

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

 

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

 

40.       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.

 

41.       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 Ray Fuggle Architects, reference numbers - 4415a, L - 01. The landscaping shall be maintained in accordance with the approved plans in perpetuity, subject to the following -

 

a)   A replacement tree for the Elaeocarpus reticulatus proposed within the backyard be replaced with an Australian native that shall reach a height of nine (9) metres at maturity.

 

b)   Two Callistemon viminalis are to be planted on the council verge.

 

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

 

42.       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 ‘Application for Driveway Crossing and Associated Works on Council Road Reserve’ approval issued by Council’s Assets and Infrastructure Division. 

 

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.

 

43.       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.

 

Operational Conditions (Ongoing)

 

44.       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.

 

45.       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.

 

46.       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.

 

Operational Requirements Under the Environmental Planning & Assessment Act 1979

 

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

 

48.       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:

 

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

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

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

 

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

 

49.       Notification Requirements of PCA - 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.

 

50.       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.

 

51.       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.

 

52.       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.

 

53.       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

 

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

 

55.       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.

 

56.       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.

 

57.       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.

 

58.       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.

 

59.       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.

 

Advice

 

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

 

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

 

61.       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.

 

62.       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.

 

63.       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.

 

64.       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.

 

65.       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 and/or Section 68 Local Government Act 1993:

 

(a)     Complete the Stormwater Drainage 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. DA2018/0***) 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 stormwater applications.

 

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 stormwater 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.

 

66.       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.

 

67.       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).

 

 

 

ATTACHMENTS

Attachment 1

Site and Elevation Plans

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 21 November 2019

LPP050-19              45 Burgess Street Beverley Park

[Appendix 1]          Site and Elevation Plans

 

 

Page 41

 


 


 


Georges River Council – Local Planning Panel   Thursday, 21 November  2019

Page 49

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 21 November 2019

 

LPP Report No

LPP051-19

Development Application No

DA2018/0181

Site Address & Ward Locality

172-174 Railway Parade and 1B Gray Street Kogarah

Kogarah Bay Ward

Proposed Development

Demolition of existing structure and construction of a twelve (12) storey shop top housing development consisting of fifty two (52) residential apartments, ground floor commercial/retail floor area and three (3) levels of basement car parking.

Owners

Majenttas Pty Ltd

Applicant

AB Works

Planner/Architect

Planner: Devlin Planning Pty Ltd; Architect: AB Works

Date Of Lodgement

8/05/2018

Submissions

Two (2)

Cost of Works

$18,300,557 .00

Local Planning Panel Criteria

The application relates to development to which the State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development applies.

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

State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004,

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy (Infrastructure) 2007, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment,

Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2012

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

Statement of Environmental Effects

Site Plan and Elevation Plans

Landscape Plans

 

Report prepared by

Senior Development Assessment Planner

 

 

Recommendation

That the application be deferred and the applicant shall submit a Remediation Action Plan (RAP) in accordance with State Environmental Planning Policy 55 – Remediation of Land and the Managing Land Contamination Planning Guidelines within 90 days.

 

Summary of matters for consideration under Section 4.15

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

 

Yes 

Legislative clauses requiring consent authority satisfaction

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

 

Yes

Clause 4.6 Exceptions to development standards

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

 

Not Applicable

 

Special Infrastructure Contributions

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

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No, standard conditions have been attached with no design changes. These conditions can be viewed when the agenda is published.

 

Site Plan

 

The development site is outlined in red.

 

Executive Summary

 

Proposal

1.         The development application proposes demolition works and construction of a twelve (12) storey shop top housing development comprising three (3) levels of basement parking. Three (3) retail tenancies fronting Railway Parade are proposed on the ground floor, with vehicular access proposed from Gray Street. The total number of units proposed is fifty two (52) residential units (10 x 1 bedroom units, 39 x 2 bedroom units and 3 x 3 bedroom units). Communal open space is provided on the first floor and on the rooftop.

 

Figure 1: Photomontage of the proposal

 

Site and Locality

2.         The subject site is legally identified as Lot 11 in DP911188 and Lots 2 and 3 in DP1753, and has a street address of 1B Gray Street and 172-174 Railway Parade, Kogarah.

 

3.         The site is located on the corner of Railway Parade and Gray Street. The site currently contains a single storey brick building on the corner of Railway Parade and Gray Street.

 

4.         The intersection of Gray Street and Railway Parade is a signalised intersection.

 

5.         The wider locality features a diverse mix of land uses including primarily medical related uses, commercial/retail activities, shop top housing and the St George Hospital campus, further to the south east.

 

Zoning and Permissibility

6.         The site is zoned ‘B4 Mixed Use’ under the Kogarah Local Environmental Plan 2012 (KLEP). The development is defined as shop top housing under KLEP which is permissible with consent in this zone.

 

Submissions

7.         The development application was publicly exhibited in accordance with the provisions of the Kogarah Development Control Plan 2013. Two (2) submissions were received in response.

 

8.         Amendments to the application undertaken during the course of its assessment were not required to be publicly notified in accordance with the development control plan, as they did not result in significant additional environmental impacts.

 

Level of Determination

9.         This development application is referred to the Local Planning Panel for consideration and determination as it comprises development to which State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development applies as required by the Ministerial Direction of 23 February 2018.

 

Conclusion

10.      The proposed development has been assessed having regard to the matters for consideration under Section 4.15(1) of the Environmental Planning and Assessment Act 1979. The proposal is acceptable and it is recommended for approval subject to conditions.

 

Report in Full

 

Description of Proposal

11.      The development application proposes demolition works and construction of a 12 storey shop top housing development including three (3) levels of basement parking. Three (3) retail tenancies fronting Railway Parade are proposed on the ground floor, with vehicular access from Gray Street. The total number of residential units proposed is 52 (10 x 1 bedroom units, 39 x 2 bedroom units and 3 x 3 bedroom units). Communal open space is provided on the first floor and on the rooftop.

 

12.      Specifically, the proposal includes the following:

 

Basement Levels

·      Basement Level 1 - This basement level contains 18 parking spaces, residential storage, bicycle parking, two (2) lift, egress stairs and plant.

 

·      Basement Level 2 - This basement level contains 28 parking spaces, residential storage, two (2) lifts, egress stairs and plant.

 

·      Basement Level 3 - This basement level contains 29 parking spaces, residential storage, two (2) lifts, egress stairs and plant.

 

Ground Floor

The ground floor contains three (3) retail tenancies fronting Railway Parade, the residential entry lobby from Gray Street, service and plant rooms, an accessible WC, lift and stair access to the basements and levels above. Vehicular access to the site is from Gray Street, and five parking spaces plus a loading bay are located on this level, as well as the commercial and residential bin store rooms.

 

Level 1

This level contains five units (1 x 1 bedroom, 3 x 2 bedroom and 1 x 3 bedroom units). An area of communal open space is also provided on this level at the rear of the units.

 

Levels 2 and 3

These levels contain five units each (1 x 1 bedroom, 3 x 2 bedroom and 1 x 3 bedroom units).

 

Levels 4 to 10

These levels contain five units at each level (1 x 1 bedroom and 4 x 2 bedroom units).

 

Level 11

This level contains 2 x 2 bedroom units and an area of communal open space and supporting services.

 

Description of the Site and Locality

13.      The subject site is legally identified as Lot 11 in DP911188 and Lots 2 and 3 in DP1753, and has a street address of 1B Gray Street and 172-174 Railway Parade, Kogarah. The site is located on the corner of Railway Parade and Gray Street.

 

The site currently contains a single storey brick building in poor condition on the corner of Railway Parade and Gray Street and a vacant allotment.

 

14.      The site is of an irregular shape, having street frontages of 26.72m to Railway Parade, 28.395m to Gray Street, a depth of 45.185m along the south western site boundary and an overall area of 1,097sqm.

 

15.      The intersection of Gray Street and Railway Parade is a signalised intersection.

 

16.      Immediately to the south west of the site is an at-grade car park and single storey commercial building known as 176-178 Railway Parade. Immediately to the south east at 1A Gray Street is a substation.

 

17.      Across Gray Street to the east are terraces at 4-14 Gray Street, which are listed in Schedule 5 of Kogarah LEP 2102 as heritage items of local significance (Item I75).

 

18.      Across Railway Parade from the site is the Illawarra Railway Line and associated commuter car parking.

 

19.      The site is situated on the south western edge of the Kogarah Town Centre forming part of a narrow strip of uses along the southern side of Railway Parade that is in the process of transitioning from a mix of small scale residential and commercial land uses into a range of commercial and residential uses permitted under the Local Environmental Plan.

 

20.      To the north east of the site (the Town Centre) features a diverse mix of land uses including primarily medical related uses, commercial/retail activities, shop top housing and most prominently the St. George Hospital campus. Kogarah railway station and the adjoining retail complex known as Kogarah Town Centre are approximately 400m walking distance from the site.

 

21.      The character of development south and west of the site (with the exception of the aforementioned strip along Railway Parade) is dominated by residential land uses including dwelling houses, residential flat buildings and similar. The scale of development generally diminishes with the distance from Railway Parade and Gray Street to the south west.

 

22.      The current nature of the site and its immediate surrounds are illustrated in figures 2 to 5 below.

 

Figure 2: The site as viewed from the intersection of Railway Parade and Gray Street

 

Figure 3: The site as viewed from Railway Parade

 

Figure 4: Substation at 1A Gray Street

 

Figure 5: Development on the eastern side of Gray Street

 

PLANNING ASSESSMENT

23.      The subject site has been inspected and the development has been assessed under the relevant Section 4.15, Matters for Consideration of the Environmental Planning & Assessment Act 1979.

 

Environmental Planning Instruments

 

State Environmental Planning Policies

24.      Compliance with relevant State Environmental Planning Policies is summarised in the table as follows and discussed in more detail thereafter.

 

 

State Environmental Planning Policy

Complies

State Environmental Planning Policy No 55 - Remediation of Land

Yes

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

Yes

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

N/A

 

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

Yes

State Environmental Planning Policy – Infrastructure

Yes

 

State Environmental Planning Policy No 55 - Remediation of Land

25.      SEPP 55 aims to promote the remediation of contaminated land in order to reduce the risk of harm to human health or any other aspect of the environment.

 

26.      Clause 7 requires contamination and remediation to be considered in determining a development application. The consent authority must not consent to the carrying out of development on land unless it has considered whether or not the land is contaminated.

 

27.      A Detailed Investigation Report was submitted with the application, which concludes:

 

‘At the time of the site investigation, Lots 2 & 3 are vacant, and a dilapidated building occupied Lot 11. Fibre cement sheeting which is expected to contain asbestos was identified within the fabric of the dilapidated building on Lot 11. The site was enclosed, although breaches in the wire mesh fence were noted along the western boundary.

 

Soil samples were recovered from a total of seven locations across the site for this investigation, and the results of the sample analyses have shown that the concentrations of chemical contaminants in the soils across the site are generally low and at levels that would not present an unacceptable risk to human-health for a commercial/high density residential land use setting. Further, the site is not likely to be a source of unacceptable groundwater impacts.

 

However, both bonded asbestos and friable asbestos/asbestos fines were identified in the fill material on the southern half of the site. The concentrations of bonded asbestos and friable asbestos/asbestos fines identified in BH5 and BH6A respectively exceed the screening criteria. The asbestos impacted soil could present a potential risk to human-health for a commercial/high-density residential land use setting if

 

a) the soil was to remain on the site and

b) if the affected soil was to be accessible to site occupants.

 

Remediation of the asbestos impacted soil will be necessary to make the site suitable for the proposed mixed commercial and high-density residential redevelopment. However, given that most of the site is proposed to be bulk excavated for a basement car parking area, remediation might be achieved simply by redeveloping the site in accordance with the proposed plans. Proposed excavation works at the site should be carried out according to a remediation action plan (RAP). The plan would define the remediation objectives and strategies to make the land suitable for the intended use.

 

Further soil sampling will be required to validate the success of the remedial strategies.’

 

 

28.      In line with the requirements of SEPP 55, a Remedial Action Plan is required to be submitted to Council prior to ensure the site complies with the provisions of SEPP 55 and can be remediated to be fit for purpose. Whilst a contamination assessment report has been submitted, a Remediation Action Plan has not. As this information has not been lodged with the application and certainty is not provided, the application is recommended to be deferred to enable the applicant to prepare and submit the report.

 

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

29.      The State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 aims to ensure consistency in the implementation of a scheme to encourage sustainable residential development throughout New South Wales (also referred to as the ‘BASIX scheme’).

 

30.      A BASIX certificate accompanies the DA verifying that the relevant water, energy and thermal comfort targets have been met by the proposal. Conditions of consent have been included in the recommendation to ensure the commitments required under the BASIX certificate will be satisfied by the proposed development.

 

State Environmental Planning Policy (Infrastructure) 2007

31.      The aim of the Infrastructure SEPP is to facilitate the effective delivery of infrastructure across the State.

 

32.      The DA was referred to Ausgrid on 10 May 2019 in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. Comments were received on 26 September 2019 and 2 October 2019. A deferred commencement condition has been recommended to address the issues raised by Ausgrid in their comments, which include requirements for a Vibration Management Plan, a Displacement Monitoring Plan, and amended shoring plans to the satisfaction of Ausgrid.

 

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

33.      The State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (‘Vegetation SEPP’) regulates clearing of native vegetation on urban land and land zoned for environmental conservation/management that does not require development consent. 

 

34.      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). 

 

35.      The Vegetation SEPP repeals clauses 5.9 and 5.9AA of the Standard Instrument - Principal Local Environmental Plan, with the regulation of the clearing of vegetation (including native vegetation) below the BOS threshold being through any applicable DCP.

 

36.      No issues arise in terms of the provisions of the Vegetation SEPP, as there is no significant vegetation on the site or within the footpath area or immediately fronting the site. Further, there is no significant vegetation on immediately adjoining properties in close proximity to the site.

 

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

37.      The State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development (‘SEPP 65’) aims to improve the design quality of residential apartment development in New South Wales.

 

38.      The proposed development meets the pre-requisites for the application of the SEPP 65 in that it constitutes development for the purpose of ‘shop top housing’ in a proposed building of more than three (3) storeys and having more than four (4) dwellings. Therefore, it must be assessed against the provisions of SEPP 65 and the Apartment Design Guide (ADG).

 

39.      A design verification statement dated February 2018 has been provided by Jim Apostolou Registered Architect (Registration No. 7490) in accordance with Clause 50 of the Environmental Planning and Assessment Regulation 2000.

 

40.      The DA has been reviewed by the Design Review Panel (DRP) and their comments are further detailed in the DRP discussions below.

 

Design Review Panel

41.      The initial plans that accompanied the application were referred to the Design Review Panel (DRP) on 5 July 2018. The design quality principles of SEPP 65 are addressed as follows, in the context of the DRP comments. Commentary in response has been provided by the Assessment Officer where necessary.

 

 SEPP 65 – Design Quality of Residential Flat Buildings 

DRP Comment

General comment

Context and Neighbouring 

Character 

Good design responds and contributes to its context. Context is the key natural and built features of an area, their relationship and the character they create when combined. It also includes social, economic, health and environmental conditions. 

Responding to context involves identifying the desirable elements of an area’s existing or future character. Well-designed buildings respond to and enhance the qualities and identity of the area including the adjacent sites, streetscape and neighbourhood. 

Consideration of local context is important for all sites, including sites in established areas, those undergoing change or identified for change. 

The site is in an area of transition to mixed use along Railway Parade. The land to the south east is zoned R3 with a height control of 21m. To the immediate south east of the site in Gray Street there is one (1) storey substation. To the south west of the site there is a range of commercial buildings not yet developed. The design responds well to the context by concentrating the building to the north and north east portion of the site which minimises overshadowing of properties to the south east. The location is subject to a Sydney Airport Obstacle Limitation surface of AHD51m. The proposed highest point of the building is RL66.20. The Council Planner’s notes state that the application has been referred to Sydney Airport Corporation.

The proposal is suitable for the site within the context of the locality which is undergoing transition to a higher density of mixed use, commercial and residential development.

 

Approval for controlled activity has been granted by Sydney Airport.

 

Built Form and Scale 

Good design achieves a scale, bulk and height appropriate to the existing or desired future character of the street and surrounding buildings.

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

 Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook. 

Satisfactory - see above

 

The recessed roller door shutter to the basement should be moved forward to align with the electricity substation and to provide a clearly defined streetscape interface.

The proposed bulk, scale and height of the building are supported and will set a positive example for future development in the locality. The ground floor relates well to the public domain and is an improvement on the streetscape.

Density 

Good design achieves a high level of amenity for residents and each apartment, resulting in a density appropriate to the site and its context. 

Appropriate densities are consistent with the area’s existing or projected population. Appropriate densities can be sustained by existing or proposed infrastructure, public transport, access to jobs, community facilities and the environment.

Complies

The proposed development has an FSR of 4:1 which complies with the LEP maximum for the site of 4:1.

Sustainability 

Good design combines positive environmental, social and economic outcomes. 

Good sustainable design includes use of natural cross ventilation and sunlight for the amenity and liveability of residents and passive thermal design for ventilation, heating and cooling reducing reliance on technology and operation costs. Other elements include recycling and reuse of materials and waste, use of sustainable materials and deep soil zones for groundwater recharge and vegetation.

Subject to BASIX

 

Solar access and cross ventilation is satisfactory.

The proposal is BASIX compliant.

Landscape 

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in attractive developments with good amenity. A positive image and contextual fit of well designed developments is achieved by contributing to the landscape character of the streetscape and neighbourhood. 

 

Good landscape design enhances the development’s environmental performance by retaining positive natural features which contribute to the local context, co-ordinating water and soil management, solar access, micro-climate, tree canopy, habitat values and preserving green networks. 

 

Good landscape design optimises useability, privacy and opportunities for social interaction, equitable access, respect for neighbours’ amenity and provides for practical establishment and long term management. 

The proposal includes a communal open space on Level 1 to the rear of the development and a communal roof top space.  The proposal also includes streetscape upgrades to Railway Parade and Gray Street.

 

The following recommendations are made to improve communal open space on Level 1:

 

·    Reconfiguration of Unit 105 to provide direct access from the lift lobby to communal open space. This would require review of the terrace proposed adjacent to the communal open space which should still be accommodated, and designed to ensure adequate privacy between the unit and communal area.

·    Substitution of the proposed species in the deep soil zone. It is recommended that taller trees be used to replace the melaleuca stypholioides.

·    Relocate children’s play area to provide more planting and screening to private open space

·    Provide a WC

 

The roof top space is well designed and will provide very positive amenity for residents. A WC is required.

The landscaped communal open space areas located at the first floor and rooftop are well designed and will provide high levels of amenity for residents.

 

 

 

 

Direct access is provided from the lift lobby to the COS and greater separation and planting is provided between the POS terrace of U1.05 and the COS.

 

 

Amenity 

Good design positively influences internal and external amenity for residents and neighbours. Achieving good amenity contributes to positive living environments and resident wellbeing. 

 

Good amenity combines appropriate room dimensions and shapes, access to sunlight, natural ventilation, outlook, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas and ease of access for all age groups and degrees of mobility. 

The Panel discussed arrangements for collection of garbage bins. The method of collection of residential garbage bins needs to be resolved in consultation with Council‘s Waste Management Officer. The Panel was concerned that a large number of bins could be lined along the kerb for collection detrimentally impacting the streetscape. It is understood the commercial garbage will be collected by a private contractor within the building.

 

At fourth and sixth floors screens are shown on north facing terraces. The impact of these screens in reducing solar access needs to be investigated.

 

Units 404, 504, 604, 704, 804, 904 and 1004 have a very narrow triangular section of balcony adjacent to the bedrooms. This section of balcony is inaccessible and will be difficult to clean and should be reconfigured.

 

Otherwise satisfactory.

The proposal will provide high levels of residential amenity with regard to solar access, natural ventilation, communal open space and building facilities.

The bins have been changed from 240L to 1,100L bins to reduce the number of bins servicing the development and on the street on collection days.

The screens have been relocated to the western elevation of the terraces to improve solar access into the units.

 

These balconies have been redesigned to provide a greater setback to the street and are now a Juliette style balcony rather than an extension of the primary balcony.

Safety 

Good design optimises safety and security within the development and the public domain. It provides for quality public and private spaces that are clearly defined and fit for the intended purpose.

 

Opportunities to maximise passive surveillance of public and communal areas promote safety.

 

A positive relationship between public and private spaces is achieved through clearly defined secure access points and well lit and visible areas that are easily maintained and appropriate to the location and purpose.

An additional bollard is required at the north west corner of the lift waiting area in the basements.

 

Otherwise satisfactory.

The design is acceptable in terms of safety and security and the ground level commercial spaces will activate the street and allow for casual surveillance. Bollards have been nominated on floor plans.

 

Housing Diversity and Social Interaction 

Good design achieves a mix of apartment sizes, providing housing choice for different demographics, living needs and household budgets. 

 

Well-designed apartment developments respond to social context by providing housing and facilities to suit the existing and future social mix. 

 

Good design involves practical and flexible features, including different types of communal spaces for a broad range of people and providing opportunities for social interaction among residents. 

The Panel recommends more three (3) bedroom units be provided in accordance with ADG guidelines.

 

 

 

 

The Panel recommends that there should be a mix of one (1) bedroom and two (2) bedroom adaptable units.

 

 

 

 

A WC should be provided to the rooftop communal open space and the Level 1 communal open space.

The proposal provides the following unit mix:

 

10 x 1 Bedroom units

39 x 2 Bedroom

3 x 3 Bedroom units

 

The adaptable units are all 1 bedroom units. A condition has been included that at least one 2B unit is adaptable.

 

A WC has not been provided on either COS level.

 

Aesthetics 

Good design achieves a built form that has good proportions and a balanced composition of elements, reflecting the internal layout and structure.

 

Good design uses a variety of materials, colours and textures. 

 

The visual appearance of a well designed apartment development responds to the existing or future local context, particularly desirable elements and repetitions of the streetscape. 

Acceptable

The proposed materials and finishes are suitable for the design of the building and contribute positively to the streetscape and the broader locality.

 

Apartment Design Guide

42.      An assessment of the proposed development against the relevant design criteria of the Apartment Design Guide (ADG) is detailed in the compliance table as follows.

 

Note: where relevant, the figures/percentages in the ADG compliance table have been rounded up/down to the nearest whole number.

 

Section

Design Criteria

Proposed

Comply

3D - Communal and public open space

Communal open space has a minimum area equal to 25% of the site (1079 x 0.25 = 269.75sqm)

Communal open space is located on the first floor (357sqm and on the rooftop (170sqm) totalling 527sqm or 48.8% of the site area.

Yes

Developments achieve a minimum of 50% direct sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9 am and 3 pm on 21 June (mid-winter)

2 hours of sunlight is achieved to at least 50% of the communal open space areas, with the roof top area receiving direct sunlight.

 

Yes

3E – Deep soil zones

Deep soil zones are required at a sliding scale in this clause.

 

For a site area of 1079sqm, the deep soil zone requirement is a deep soil zone of 7% with minimum 3m dimensions.

78sqm (7%) of deep soil is provided on the eastern side of the site with dimensions of 4.5m x 18.29m.

Yes

3F – Visual privacy

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

·    For building height up to 12m / 4 storeys – Habitable rooms and balconies 6m; and non-habitable rooms 3m.

 

·    For building height up to 25m / 5-8 storeys – Habitable rooms 9m; and non-habitable rooms 4.5m.

 

·    For building height over 25m / 9+ storeys – Habitable rooms 12m; and non-habitable rooms 6m

Setbacks to south-east boundary:

 

Ground – landscaped setback to blank wall 4.5m.

Levels 1 to 3: Minimum of 15m to a habitable window (13.6m to balcony edge L1).

Level 4: Minimum 15m to balcony edge.

Level 5 to 10: Minimum 16m to balcony edge

Level 11: there are no habitable windows or balconies facing the southern boundary.

Yes

3J – Bicycle and car parking

For development in the following locations:

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

·    on land zoned, and sites within 400 metres of land zoned, B3 Commercial Core, B4 Mixed Use or equivalent in a nominated regional centre

the minimum car parking requirement for residents and visitors is set out in the Guide to Traffic Generating Developments, or the car parking requirement prescribed by the relevant council, whichever is less

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

Required parking:

 

(10) 1B x 0.4 = 4

(39) 2B x 0.7 = 27

(3) 3B x 1.2 = 3.6

Visitor 1/7 (52) = 7.4

Total = 42 car spaces

 

Provided:

 

66 residential

8 visitor

6 retail

 

 

 

 

 

 

 

 

 

 

Yes

 

4A – Solar and daylight access

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

100% of units achieve minimum 2 hours sunlight in mid-winter.

Yes

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

All units receive some level of direct sunlight.

Yes

4B – Natural ventilation

At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building. Apartments at ten storeys or greater are deemed to be cross ventilated only if any enclosure of the balconies at these levels allows adequate natural ventilation and cannot be fully enclosed.

60% of units are cross ventilated (Levels 1-8).

 

Levels 9 to 11 all comply.

 

Yes

Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line.

All of the proposed units are less than 18m in depth.

Yes

4C – Ceiling heights

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

·    Habitable rooms 2.7m

·    Non-habitable rooms 2.4m

·    For 2 storey apartments: 2.7m for main living area floor

2.4m for second floor, where its area does not exceed 50% of the apartment area

·    Attic spaces: 1.8m at edge of room with a 30 degree minimum ceiling slope

·    If located in mixed use areas - 3.3m for ground and first floor to promote future flexibility of use

 

These minimums do not preclude higher ceilings if desired.

All of the proposed units have ceiling heights of 2.8m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

4D – Apartment size and layout

Apartments are required to have the following minimum internal areas:

Studio – 35sqm

1 bedroom – 50sqm

2 bedroom – 70sqm

3 bedroom – 90sqm

 

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

 

A fourth bedroom and further additional bedrooms increase the minimum internal area by 12sqm each.

All apartments meet the minimum internal size requirements.

 

 

 

 

 

Calculated accordingly.

 

 

 

 

 

N/A

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

N/A

 

Every habitable room must have a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms.

All within the prescribed range.

 

It is noted that all bathrooms are internal except for units X.05 which have a window

Yes

Habitable room depths are limited to a maximum of 2.5m x the ceiling height.

All within the prescribed range.

Yes

In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window

All within the prescribed range.

Yes

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

All bedrooms comply.

Yes

Bedrooms have a minimum dimension of 3m (excluding wardrobe space)

All bedrooms comply.

Yes

Living rooms or combined living/dining rooms have a minimum width of:

·    3.6m for studio and 1 bedroom apartments

·    4m for 2 and 3 bedroom apartments

All living rooms comply.

Yes

The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts.

All of the proposed units are in excess of 4m in width internally.

Yes

4E – Private open space and balconies

All apartments are required to have primary balconies as follows:

·    Studio apartments require 4sqm with no min depth

·    1 bedroom apartments require 8sqm with min depth 2m

·    2 bedroom apartments require 10sqm with min depth 2m

·    3+ bedroom apartments require 12sqm with minimum 2.4m depth

 

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

All primary balconies achieve the minimum area and depth requirements.

 

 

 

 

 

 

 

 

 

 

 

Calculated accordingly.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

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

There are no ground floor units proposed.

N/A

4F – Common circulation and spaces

The maximum number of apartments off a circulation core on a single level is eight.

A maximum of 5 units at each level.

Yes

For buildings of 10 storeys and over, the maximum number of apartments sharing a single lift is 40.

Two lifts service 52 apartments and 3 levels of basement parking.

Yes

4G - Storage

In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided:

·    Studio apartments require 4m3

·    1 bedroom apartments require 6m3

·    2 bedroom apartments require 8m3

·    3+ bedroom apartments require 10m3

 

At least 50% of the required storage is to be located within the apartment.

All units have compliant total storage volumes as per the Apartment Design Guide (ADG) volumes.

 

 

 

 

 

 

 

 

At least 50% of storage is located within the apartments.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

Draft Environmental Planning Instruments

 

Draft Environment SEPP

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

 

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

 

·      Changes proposed include consolidating the following seven existing SEPPs:

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

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

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

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

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

·      Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

 

45.      The proposal is consistent with the provisions of this Draft Instrument given there is no vegetation impacted by the proposed development.

 

Draft Remediation of Land SEPP

46.      The Department of Planning and Environment has announced a Draft Remediation of Land SEPP, which will repeal and replace the current State Environmental Planning Policy No 55—Remediation of Land.

 

47.      The main changes proposed include the expansion of categories of remediation work which requires development consent, a greater involvement of principal certifying authorities particularly in relation to remediation works that can be carried out without development consent, more comprehensive guidelines for Councils and certifiers and the clarification of the contamination information to be included on Section 149 Planning Certificates.

 

48.      Whilst the proposed SEPP will retain the key operational framework of SEPP 55, it will adopt a more modern approach to the management of contaminated land.

 

49.      A Detailed Site Investigation Report has been submitted with the DA which concludes:

 

“Soil samples were recovered from a total of seven locations across the site for this investigation, and the results of the sample analyses have shown that the concentrations of chemical contaminants in the soils across the site are generally low and at levels that would not present an unacceptable risk to human-health for a commercial/high density residential land use setting. Further, the site is not likely to be a source of unacceptable groundwater impacts.

 

However, both bonded asbestos and friable asbestos/asbestos fines were identified in the fill material on the southern half of the site. The concentrations of bonded asbestos and friable asbestos/asbestos fines identified in BH5 and BH6A respectively, exceed the screening criteria. The asbestos impacted soil could present a potential risk to human-health for a commercial/high-density residential land use setting if a) the soil was to remain on the site and b) if the affected soil was to be accessible to site occupants.

 

Remediation of the asbestos impacted soil will be necessary to make the site suitable for the proposed mixed commercial and high-density residential redevelopment. However, given that most of the site is proposed to be bulk excavated for a basement car parking area, remediation might be achieved simply by redeveloping the site in accordance with the proposed plans. Proposed excavation works at the site should be carried out according to a remediation action plan (RAP). The plan would define the remediation objectives and strategies to make the land suitable for the intended use.

 

Further soil sampling will be required to validate the success of the remedial strategies.”

 

50.      In line with the requirements of SEPP 55, a Remedial Action Plan is required to be submitted to Council prior to ensure the site complies with the provisions of SEPP 55 and can be remediated to be fit for purpose. Whilst a contamination assessment report has been submitted, a Remediation Action Plan has not. As this information has not been lodged with the application and certainty is not provided, the application is recommended to be deferred to enable the applicant to prepare and submit the report.

 

Kogarah Local Environmental Plan 2012

 

Zoning and Permissibility

51.      The site is located within the ‘B4 Mixed Use’ zone under the Kogarah Local Environmental Plan 2012.

 

Figure 6: Zoning map with the site outlined in blue

 

52.      The proposed development is defined as shop top housing, which is permissible in the zone.

 

53.      The objectives for development in the B4 Mixed Use zone are as follows:

 

·      To provide a mixture of compatible land uses.

·      To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

·      To encourage development that contributes to economic growth and employment opportunities.

·      To encourage development that contributes to an active, vibrant and sustainable town centre.

·      To provide opportunities for residential development, where appropriate.

 

54.      The proposed development is consistent with the above objectives in that it provides for additional residential accommodation and compatible commercial tenancies at the ground floor level within close proximity to a range of services and facilities including public transport options. The additional residential accommodation and commercial tenancies will contribute to the economic viability and social vibrancy of the Kogarah Town Centre.

 

55.      An assessment of the proposed development against the relevant provisions of Kogarah LEP 2012 is detailed in the compliance table below.

 

Clause

Objectives/Provisions

Comment

Complies

4.3 - Height of buildings

The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. In this case, the relevant map limits the height of buildings on the subject site to 39m.

The proposal has a building height of up to 38.85m.

Yes

4.4 - Floor space ratio

The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map. In this case, the relevant map limits the floor space ratio for buildings on the subject site to 4.5:1.

The proposal has a floor space ratio of 4:1.

Yes

6.1 - Acid sulfate soils

 

 

The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.

The subject site is not identified on the Acid Sulfate Soils Map as being affected by any particular class of acid sulfate soils.

N/A

6.2 - Earthworks

 

 

 

 

 

 

 

 

 

The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

Excavation is limited to the extent required for the basement parking levels. Suitable conditions of consent have been recommended to protect neighbouring properties and the public domain during demolition and construction.

Yes

6.3 - Flood planning

 

The objectives of this clause are as follows:

 

(a) to minimise the flood risk to life and property associated with the use of land,

(b) to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,

(c)  to avoid significant adverse impacts on flood behaviour and the environment.

The subject site is not identified on the Flood Planning Map as being within a Flood Planning Area. Further, Council’s records do not indicate the site is at or below the ‘flood planning level’.

N/A

6.5 - Airspace operations

The objective of this clause is to protect airspace around airports

 

The proposed development will penetrate prescribed airspace for Sydney Airport requiring a ‘controlled activity’ within the meaning of Division 4 of Part 12 of the Airports Act 1996. The applicant has obtained the necessary approval for the controlled activity (refer to further commentary in the referrals section of this report).

Yes

 

Development Control Plans

 

Kogarah Development Control Plan 2013

56.      The provisions of the Kogarah Development Control Plan 2013 (KDCP 2013) are relevant to the proposed development. Several controls within the KDCP 2013 do not align and significantly conflict with the scale of development now permitted under the KLEP 2012 (as amended on 26 May 2017). As a consequence, the proposed development will contravene a number of the controls including significant variations to the height and floor space ratio controls.

 

57.      The significant variations to KDCP 2013 have resulted from the subsequent amendments to KLEP 2012 which allows a higher density/scale of development. The approach to support the development with significant variations to KDCP 2013 (but compliant with KLEP 2012) is consistent with recent judgements in the NSW Land and Environment Court. In particular, in Michael Murr v Georges River Council [2017] NSWLEC1369.

 

58.      It is also noted that in the hierarchy of planning controls, Development Control Plans cannot prescribe more onerous corresponding controls than those in a Local Environmental Plan.

 

59.      An assessment of the proposed development against the relevant controls in the KDCP 2013 is detailed in the compliance table below.

 

·   

Part B General Controls

Part

Objectives/Controls

Comments

Complies

B2 - Tree Management and Green Web

The objectives of this part include the following:

·    Ensure the protection of existing trees which contribute to the visual amenity and environment of the City of Kogarah;

·    Protect trees within and adjacent to development sites;

·    Maximise healthy tree canopy coverage across the City of Kogarah.

Tree removal has been assessed earlier in this report under the provisions of the Vegetation SEPP.

 

The site is not within a ‘habitat corridor’ or ‘habitat reinforcement corridor’ under Council’s green web strategy.

N/A

B3 - Developments near Busy Roads and Rail Corridors

The objectives of this part are to:

·    Ensure an appropriate acoustic amenity can be achieved for development near transport corridors, particularly residential development and other noise sensitive land uses;

·    Provide additional acoustic design or mitigation measures that may be necessary;

·    Development fronting a busy road or a rail corridor should be designed and sited to minimise noise impacts.

An Acoustic Report has been submitted with the application and relevant conditions of consent are recommended in this report to mitigate Rail noise.

Yes

B4 - Parking and Traffic

The objectives of this part are to:

·     Minimise traffic congestion and ensure adequate traffic safety and management;

·    Ensure an adequate environmental quality of parking areas (including both safety and amenity);

·    Provide adequate car parking for building users and visitors, depending on building use and proximity to public transport.

The car parking rates for the Kogarah Town Centre as specified in Part E1 of the DCP prevail over those rates specified in this part. In accordance with the provisions of clause 3.43(5) of the EP&A Act, this control has no effect.

N/A – Refer to the ADG assessment earlier in this report. The car parking is compliant.

 

 

B5 - Waste Management and Minimisation

The objectives of this part are to:

·    Encourage best practice in waste management that minimises waste generation, facilitates waste separation and maximises reuse and recycling;

 

·    Ensure quality design of waste management facilities that complement the building design and minimise noise, odour and visual impacts on adjacent uses and the public domain;

 

·    Ensure suitable and efficient waste storage, recycling and collection in all development.

A waste management plan has been submitted with the application and is considered acceptable for construction and operation of the development.

 

Yes

 

 

B6 - Water Management

The objectives of this part are to:

·      Reduce flooding and drainage impacts within and downstream of the development site;

·      Reduce pollutant loads exported to the waterways via the stormwater system;

·      Conserve water and reduce mains water consumption.

A suitable stormwater management plan has been provided and conditions of consent provided by Council’s Development Engineer.

Yes

B7- Environment Management

 

 

The objectives of this part are to:

·     Apply principles and processes that contribute to ecologically sustainable development;

·     Reduce the impacts of development on the environment;

·     Increase the resilience of development to the effects of climate change;

·     Ensure that greenhouse gas emissions will be reduced;

·     Reduce the use of potable water;

·     Ensure that development can adapt to climate change.

A BASIX certificate has been submitted with the application verifying that the relevant water, energy and thermal comfort targets have been met by the proposal.

 

Conditions of consent have been included in the recommendation to ensure the commitments required under the BASIX certificate will be satisfied by the proposed development.

Yes

 

Part E1 Kogarah Town Centre - Built Form

Part

Control

Proposed

Complies

3.4 - Building Heights

Maximum building heights are shown in Figure 1 – Building Heights Plan.

Note: the relevant figure prescribes a 12m height.

 

In accordance with the provisions of clause 3.43(5) of the EP&A Act, this control has no effect. In this regard, it is inconsistent with the building height standard in KLEP 2012.

N/A - Refer to the KLEP 2012 assessment earlier in this report.

Articulation

Where buildings are greater than four storeys, strong articulation should be provided in the form of a setback at the 5th and 6th storey, a strongly marked balcony cornice line (projection) and modulation in roof form.

The facades to Railway Parade and Gray Street are highly articulated with the use of recessed balconies, variations in balustrade treatments and a ‘stepped’ built form including distinctive facade treatments at different levels.

Yes

3.5 - Building Density

The maximum floor space ratios for the Kogarah Centre are specified in the Floor Space Ratio Plan (Figure 4 below).

 

Note: the relevant figure prescribes a 1.3:1 floor space ratio.

In accordance with the provisions of clause 3.43(5) of the EP&A Act, this control has no effect. In this regard, it is inconsistent with the floor space ratio standard in KLEP 2012.

N/A – Refer to the KLEP 2012 assessment earlier in this report.

3.6 - Building Alignment

Buildings must be built to the alignments specified in Figure 3.4 below, for the majority of the facade length. This control requires the building to be built predominantly to the specified building alignment; however buildings are not to have straight, flat facades.

 

Note: the relevant figure does not prescribe a setback to the subject site.

N/A

N/A

Buildings require highly articulated facades with many projections such as stepped facades, entry porches, bay windows and balconies to provide vertical subdivisions and visual interest in the streetscape.

The facades to Railway Parade and Gray Street are highly articulated with the use of recessed balconies, variations in balustrade treatments and a ‘stepped’ built form including distinctive facade treatments at different levels.

Yes

Lanes

For buildings above 4m high, the whole of the building must be built to the alignments specified in Figure 8.

 

Note: 3m setback to lane required

Not applicable.

N/A

3.7 - Building Depth

New buildings are to provide operable windows to all living and working environments.

All proposed units include operable windows to enable cross ventilation.

Yes

Articulate buildings using courtyards, atria and the like to achieve substantial day lighting, cross ventilation and/or stack ventilation.

The rear of the building is articulated to allow for separation to the adjacent properties and to allow for solar access and ventilation to the X.01 and X.05 units at each level.

 

The X.01 units are located on a nil setback to the boundary and are all designed as cross-through apartments.

Yes

The range of maximum building depth for residential buildings in order to allow natural light and cross ventilation should be 10m – 15m. This includes sheltered balconies (which is a balcony with a roof over it), sunrooms and the like.

In accordance with the provisions of clause 6A (2) of SEPP 65, this control is of no effect.

N/A – Refer to the ADG assessment earlier in this report.

3.8 - Floor to Ceiling Heights

Floor to ceiling heights should be a minimum of 2.7m at upper storeys of buildings, to all habitable rooms to allow for a range of uses, and to improve the environmental performance and amenity of the building.

In accordance with the provisions of clause 6A (2) of the SEPP 65, this control is of no effect.

N/A – Refer to the ADG assessment earlier in this report.

3.9 - Parking Provision in the Kogarah Town Centre

Car Parking

Residential parking is to be provided in developments at the following rates:

(i)    1 resident car space is to be provided on-site for each dwelling.

(ii)   1 visitor car space is to be provided on-site for each 5 dwellings.

 

(2) The number of on-site resident and/or visitor car parking spaces for residential development may be reduced at Council’s discretion if the applicant can demonstrate a reduced parking need. Any negotiated/agreed reduction in parking would have to be complemented by demonstrated tangible benefits which are both complementary and consistent with the objectives of this Part.

 

(3) Specific parking requirements apply to the following precincts: (i) Railway Parade Precinct – Refer to Section 5.5 for requirements (ii) Railway Parade South – Refer to Section 5.6 for requirements

 

(4) For commercial/retail development and other land uses parking is to be provided at the following rate: (i) 1 space per 40sqm for any floor space at ground floor level. (ii) 1 space per 50sqm for all other floor space above ground floor level.

 

(5) 1% of all car parking spaces are to be designated “accessible” spaces for people with mobility impairments, with a minimum of 1 space for facilities such as medical suites.

 

(6) For car parks between 10 to 99 spaces at least one “accessible” space must be provided.

 

(7) Designated “accessible” car spaces are to be treated as resident car spaces in the calculation of the parking requirement.

In accordance with the provisions of clause 3.43(5) of the EP&A Act, this control has no effect.

N/A – Refer to the ADG assessment earlier in this report.

Bicycle Parking

Bicycle storage is to be provided at the rate of:

(i)    1 secure bicycle storage facility per 2 residential units.

(ii)   1 bike space per 10 car spaces for the first 200 spaces then 1 space per 20 car spaces thereafter, for commercial and retail land uses.

Required spaces = 26

 

Bicycle parking (28 spaces) is provided in basement level 1.

 

 

 

 

Yes

 

Loading Bay Facilities

(1) Loading bay facilities are to be provided at the following rates:

 

Retail:

 

·   floor area 15sqm to 500sqm - 1 bay required

 

·   floor area 500sqm to 1500sqm - 2 bays required

 

Commercial:

 

·   floor area 1000sqm to 5000sqm - 1 bay required

 

·   floor area 5000sqm to 10000sqm - 2 bays required

 

(2) Loading bay facilities are to be designed as follows:

 

·   minimum bay width - 3.5m

·   minimum bay length for Bay 1 - 9.5m

·   minimum bay length for Bay 2 - 6.5m

 

Three retail tenancies are proposed (56sqm, 70sqm and 73sqm in size).

 

A loading bay is provided on the ground floor, measuring 3.5m x 8.45m.

 

A condition has been recommended requiring that the Loading Bay is compliant with AS2890.1-2004 for the use at a minimum of Small Rigid Vehicles

 

 

Yes

 

Part E1 Kogarah Town Centre - Urban Design

Part

Control

Proposed

Complies

4.1 Address and Active Street Frontages

(1) Buildings on the street frontage are to provide pedestrian amenity in the form of active street frontages, building entrances and awnings.

 

 

(2) Buildings setback from the street frontage, are to address the street with major facades, entrances, stairs, low fences, substantial planting and other streetscapes.

 

(3) In predominantly residential areas, strengthen the interaction between the public and private domain by providing multiple entrances for large developments, locate shops where they will be most visible and minimise the vehicular entrance width.

Active street frontage is provided to Railway Parade through the tenancies. Gray Street is activated by the entrance lobby to the residential apartments and vehicular entrance.

 

Suitable façade and entry treatments are provided.

 

 

 

 

 

 

 

 

The tenancies are oriented to Railway Parade and separated from the residential entry.

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

4.2 Corners

(1) Buildings are to be sited on the street frontages at corners, addressing the corner.

 

(2) The street intersection is to be addressed with splays, curves, building entries and other special architectural elements.

 

(3) Architectural corner elements may be slightly higher than the rest of the building. They must not exceed 4.0m above the average street wall height. The floor space they contain will be part of the total gross floor area of the building.

The building addresses both street frontages as the development is a corner allotment.

 

Suitable architectural elements are proposed to the corner at all levels of the building.

 

 

 

The building is compliant with the height limit for the site. The corner location is pronounced with a variety of materials and finishes, articulation and screen detailing.

Yes

 

 

 

 

Yes

 

 

 

 

 

 

Yes

4.3 - Architectural Articulation

Large areas of flat facade are to be avoided. Facades should be articulated into separate sections, using steps in the facade, expressed entries, panels, bay windows, balconies, pergolas and other architectural elements.

There are no areas of flat facade addressing the street frontages. The facades are articulated into suitable elements by way of the change in built form between the base, middle and top of the building and distinctive balcony treatments at these levels.

Yes

Articulation elements must be integral with the building design and should consider the whole building - not just the street facade.

The facades addressing all elevations are suitably articulated.

Yes

Changes of texture and colour should complement facade articulation.

A suitable mix of materials and finishes are proposed.

Yes.

Provide solar protection elements as integral with the building design and massing.

The proposed units are provided with suitably recessed, covered balconies which serve to provide solar protection as well as articulation of the built form. The pergola proposed for the rooftop communal open space will achieve a similar effect.

Yes

4.4 - Façade Composition

Provide a balance of horizontal and vertical facade elements to relate to adjacent facades in the streetscape. Avoid simple facade designs containing only horizontal or vertical elements.

The street facades include an appropriate balance of horizontal and vertical elements.

Yes

Subdivide long facades with columns, windows and other vertical elements to provide a vertical emphasis.

The vertical emphasis is achieved through the use of consistent materials and vertical façade treatments.

Yes

Provide substantial cornices, balconies and other horizontal elements to subdivide the facade into a base, middle and top.

The proposed building achieves a base, middle and top through façade treatments, balustrading and setbacks.

Yes

4.5 - Private Open Space and Balconies

Every apartment is to have at least one balcony directly accessible from the main living area, of minimum size 10sqm.

In accordance with the provisions of clause 6A (2) of SEPP 65, this control is of no effect.

N/A - Refer to the ADG assessment earlier in this report.

The minimum dimension in any direction is to be 2.5m.

 

In accordance with the provisions of clause 6A (2) of SEPP 65, this control is of no effect.

N/A - Refer to the ADG assessment earlier in this report.

There is no minimum size for a bedroom balcony (eg Juliet balconies).

Noted.

N/A

Design balconies which are recessed into the wall or enclosed with walls, columns or roofs to provide sufficient enclosure and visual firmness.

The proposed balconies are enclosed by walls, columns and a roof providing sufficient enclosure and visual strength.

Yes

Design balustrades which allow for views into and along the street, but avoid all-glass and all-brick balustrades.

 

The proposed balconies incorporate a mix of solid masonry and open-style balustrades.

Yes

Employ Juliet balconies and French windows to articulate facades with architectural detail and vertically proportioned windows.

The proposal includes Juliet-style balconies as well as larder primary balconies.

 

Yes

Include sunscreens, pergolas, shutters, operable walls to control sunlight, wind and harsh environmental effects.

The proposed balconies include shutters for climate control on the north/west facing units. Notwithstanding, these balconies are substantially enclosed with solid masonry elements and roofing such that climatic conditions are reasonably controlled.

Yes

4.6 Awnings

(1) Step awnings and other weather protection devices in relation to street level changes and building entrances.

 

 

 

 

 

 

 

(2) Avoid steeply pitched awnings which break the general alignment of awnings in the street.

 

(3) Provide architectural detail in the form of: (i) Posts (ii) exposed structures and joints (iii) fascia motifs, patterns

 

(4) Provide under-awning lighting to enhance safety.

 

(5) Awnings are to be built to the street frontage where indicated in Figure 4.9

Both frontages have a continuous awning. The substation site is unlikely to be developed and the adjacent site is yet to be developed. The site is located in the Kogarah Town Centre and the proposed awnings overhang the public footpath to provide weather protection.

 

The proposed awnings are not steeply pitched.

 

 

 

 

The exposed elevations are suitably treated.

 

 

 

 

 

Can be conditioned.

 

 

 

The site is not required to provide awnings to the street frontage.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes – by condition

 

 

N/A

4.7 - Roof Designs

Articulate roofs to provide a varied and interesting roofscape.

The roof is articulated by way of the ‘stepping’ of the built form across the site and provision of rooftop communal open space including landscaping and pergola elements. As a result, the roofscape will be varied and interesting.

Yes

Design large projections, shade structures and pavilions to enhance the appearance of flat roofed buildings.

The main roof incorporates a range of design elements to enhance the appearance of the building including a recreational pavilion and shade structure.

Yes

Conceal lift over-runs and plant equipment (incl. satellite dishes) within well designed roof forms.

The lift over-run is centrally located within the site.

Yes

Design steep pitched roofs with strong roof forms. Roofs should be integral part of the design of the building.

Although the roof forms are not pitched, they are an integral part of the design of the building.

No - but acceptable on merit.

Penthouses are encouraged in residential developments, to create interesting skylines using set back upper storeys, special fenestration and roof decks.

Two penthouse apartments are proposed that accentuate the corner location of the site.

Yes

4.8 - Visual and Acoustic Privacy

Buildings are to be sited so that walls containing windows to habitable rooms are a minimum of 6m from a side or rear boundary. This will ensure a minimum distance of 12m is achieved between windows of habitable rooms.

In accordance with the provisions of clause 6A (2) of SEPP 65, this control is of no effect.

N/A - Refer to the ADG assessment earlier in this report.

Separation for balconies and terraces is to be a minimum 8m balcony to another balcony, or 7m balcony to a window of a non-habitable room. (This assumes that only habitable rooms will have balconies).

In accordance with the provisions of clause 6A (2) of SEPP 65, this control is of no effect.

N/A - Refer to the ADG assessment earlier in this report.

Overlooking should be minimised by:

(i)  building on the perimeter of the block and building to the side boundaries of sites, with blank walls, to avoid overlooking;

(ii) locating habitable rooms within buildings away from privacy sensitive areas.

In accordance with the provisions of clause 6A (2) of SEPP 65, this control is of no effect.

N/A - Refer to the ADG assessment earlier in this report.

Screen views from windows and balconies by:

(i)  using screens in front of windows and balconies to cut out direct views;

(ii) offsetting windows opposite each other in neighbouring wall

(iii)    using horizontal and vertical projecting screens above, below and to the side of windows, to reduce overlooking.

The windows and balconies of the proposed units are oriented towards Gray Street, Railway Parade and the south east. No windows or balconies are oriented directly towards the adjoining residential property to the south west to allow for a continuous street wall development when the site is redeveloped.

Yes

Development is to meet or exceed the sound insulation requirements for separating walls and floors of adjoining dwellings of the Building Code of Australia.

This BCA requirement is relevant to the construction certificate stage.

N/A

With particular regard to timber flooring in residential developments, appropriate insulation between floors is to achieve minimum sound attenuation of (50Rw).

This BCA requirement is relevant to the construction certificate stage.

N/A

Site buildings and design internal layouts of rooms, courtyards, terraces, to minimise acoustic problems. The use of openings, screens and blade walls can reduce acoustic problems.

The units and balconies are suitably designed to minimise acoustic impacts.

Yes

Blank walls are not desirable however blank walls may be built on the property boundary in certain circumstances. They should be articulated, patterned or contain appropriate public art.

The south-west elevation is a blank wall and is suitably treated with render and paint until such time the adjacent site is developed.

Yes

4.9 - Landscaping and Deep Soil Planting

Deep soil landscaping areas are to be provided where possible within the side boundary setback area and to the front and rear setback areas, where more than one building is located on the site, landscaping and deep soil planting should be provided to assist in privacy screening.

In accordance with the provisions of clause 6A (2) of SEPP 65, this control is of no effect.

N/A - Refer to the ADG assessment earlier in this report.

Landscaping should be of native species and should include species that are drought resistant and require minimal watering once established, or plants that match the rainfall and drainage conditions.

The proposed landscaping to the first floor podium and rooftop open space area includes a combination of native and exotic plant species. This mix of planting is reasonable in an urban setting as it is not in proximity to any environmentally sensitive areas and the limitations resulting from the site conditions.

No - but acceptable on merit.

 

 

Limit turf to usable outdoor spaces.

No turf is proposed.

Yes

4.10 Location of Car Parking Areas

(1) Car parking should be provided below ground.

 

(2) In residential areas where there is no retail or commercial development, a basement car park may project a maximum 1m above-ground level. This may provide natural ventilation to the carpark. However, openings should be screened with landscaping.

 

(3) Like other buildings, above ground car parks should fit within and complement the existing streetscape.

 

(4) Car park entrances should:

 be shared with adjoining properties where possible;

 incorporate other facade elements such as overhanging balconies or side planter boxes in the composition of the façade;

 contain doors with a minimum recess into the wall of 300mm;

 contain doors of a minimum width to allow the passage of vehicles.

Basement parking is proposed.

 

 

Not applicable.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Not proposed.

 

 

 

 

 

 

 

 

Not possible for this development.

 

The ground floor overhangs the basement entry.

 

 

 

 

Complies.

 

 

Complies.

Yes

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

N/A

 

 

Yes

 

 

 

 

 

 

Yes

 

 

Yes

4.11 - Safety and Security

Orient buildings towards the street, such that building frontages and entries overlook and are clearly visible from the street and provide a sense of address and visual interest.

The proposed building is oriented to both street frontages.

Yes

Avoid blank walls addressing streets and any other public spaces.

There are no blanks walls addressing the streets.

Yes

Clearly design buildings and spaces, and the entries to buildings, delineate public, semi public and private space through the use of symbolic or actual barriers, such as low fences or landscaping, post boxes, lighting and signage.

The entry to the tenancies is clearly defined on the Railway Parade frontage and the residence entry on Gray Street.

Yes

Avoid building recess, alcoves or dense landscaping in places where concealment is possible.

The design does not result in any unsuitable areas where concealment is possible.

Yes

4.13 - Housing Choice and Ancillary Requirements

To achieve a mix of living styles, sizes and layouts, all residential development (or residential component within a mixed development) must provide a mix of one bedroom, two bedroom and three bedroom apartments.

10 by 1 Bedroom units

39 by 2 Bedroom units

3 by 3 Bedroom units

Yes

Residential units must have the minimum net floor area as follows:

 

·      1 Bedroom unit = 75sqm

·      2 Bedroom unit = 100sqm

·      3 Bedroom unit = 115sqm

In accordance with the provisions of clause 6A (2) of SEPP 65, this control is of no effect.

N/A - Refer to the ADG assessment earlier in this report.

External clothes drying facilities are encouraged. These should be provided in the form of a screened balcony or terrace area.

Although external clothes drying facilities are not included in the proposal, this is not a requirement but rather a recommendation.

N/A

 

Part 5.6 Railway Parade South Controls

Part

Objectives/Controls

Comments

Complies

5.1.8 Block Controls

Block 1

Option 1 Site A: 172-174 Railway Pde

Front Setback (Railway Pde)

Ground Floor: Min. 2m (level 1)

 

First floor:

Commercial – min. 2m setback (Level 2)

 

Residential – min.5m setback (Level 2)

 

Balconies/terraces are permitted within the residential setback, but only in the form of punched opening in the façade

 

Second floor and above:

Min. 5.5m (L3 and 4)

 

Of this 5.5m, 2.5m is to  be setback to the edge of balconies /terraces with an articulation zone of 3m

2m

 

 

 

Not proposed.

 

 

3.5m to 4.8m

 

 

Complies.

 

 

 

 

 

 

 

3.5m to 4.8m

 

0.319m to 2.7m

Yes

 

 

 

N/A

 

 

No

 

 

Yes

 

 

 

 

 

 

 

No

 

No

 

Setback (to side street)

Min. 3m

1.3m to 4.2m

No

Comments of setbacks to Railway Parade and Gray Street

Despite the numerical non-compliance with the setback controls to Railway Parade, the design is highly articulated and provides a variety of façade treatments including landscaped planters, varied balcony design, vertical and horizontal design elements, solid and glass balustrades and a neutral colour palette that softens the built form and provides increased visual interest to each frontage.

 

The variation to the setbacks is supported given the site is a prominent corner location and the façades are suitably treated such that the minor numerical non-compliance is not apparent at street level to the casual observer and will not adversely impact on future development to the south on Railway Parade, or on the streetscape of either Gray Street or Railway Parade.

Rear Setback

 

In accordance with the provisions of clause 6A (2) of the SEPP 65, this control is of no effect.

N/A - Refer to the ADG assessment earlier in this report.

Setbacks  between buildings (between boundaries)

GF: Build to boundary

FF: Build to boundary

Second floor and above:

Minimum 3m to provide a break in building massing

Complies.

Complies

 

Built to boundary for first 19m.

Yes

Yes

 

No

Land Uses fronting Railway Parade and side streets

GF: Active uses such as specialty retail/commercial

FF: Commercial or Residential

 

Second floor and above:

2nd floor - Residential/ Commercial (Level 3)

 

 Third floor – Residential/ Commercial (Level 4)

Retail proposed.

 

Residential proposed.

 

 

Residential proposed.

 

 

Residential proposed.

 

Yes

 

Yes

 

 

Yes

 

 

Yes

 

Density

 

In accordance with the provisions of clause 3.43(5) of the EP&A Act, this control has no effect. In this regard, it is inconsistent with the building height standard in KLEP 2012.

N/A - Refer to the KLEP 2012 assessment earlier in this report.

Building height Railway Parade

 

In accordance with the provisions of clause 3.43(5) of the EP&A Act, this control has no effect. In this regard, it is inconsistent with the building height standard in KLEP 2012.

N/A - Refer to the KLEP 2012 assessment earlier in this report.

Building Height Gray Street

 

In accordance with the provisions of clause 3.43(5) of the EP&A Act, this control has no effect. In this regard, it is inconsistent with the building height standard in KLEP 2012.

N/A - Refer to the KLEP 2012 assessment earlier in this report.

Building height rear boundary

 

In accordance with the provisions of clause 3.43(5) of the EP&A Act, this control has no effect. In this regard, it is inconsistent with the building height standard in KLEP 2012.

N/A - Refer to the KLEP 2012 assessment earlier in this report.

Vehicular entry

For development sites ‘A’ and ‘C’, vehicular access is to be provided from Ocean Street, via a right of way to the rear of properties.

For development site ‘B’, vehicular access is to be provided via a right of way created over development site ‘C’ benefiting development site ‘B’ and development site ‘A’.

The subject site is identified as Site A in the DCP, however vehicular access is proposed from Gray Street.

 

 

 

N/A

On merit - Proposed access from Gray Street does not restrict access to Sites B and C in the future.

Temporary vehicular access

 

Not applicable to this site.

N/A

Car parking

The basement or sub-basement must be located under the building footprints as far as possible.

 

To ensure that a continuous active frontage is provided, the basement is not to protrude above natural ground level along the Railway Parade frontage.

Complies.

 

 

 

 

 

Complies.

Yes

 

 

 

 

 

Yes

Building depth

 

In accordance with the provisions of clause 6A (2) of the SEPP 65, this control is of no effect.

N/A - Refer to the ADG assessment earlier in this report.

Landscaping and awnings

Where deep soil landscaping can be achieved, it is encouraged.

 

 

Development fronting Railway Parade and within 20m from its intersection is to provide a suspended awning across the full frontage of the development.

Deep soil landscaping is provided between the proposed building and 1 Gray Street.

 

An awning is provided along the full frontage to Railway Parade.

Yes

 

 

 

 

Yes

Dedication of land to Council for a splay

Approval for development at the corner of Gray Street and Railway Parade (being No. 172 Railway Parade) will be subject to the dedication of land for the creation of a splay corner without cost to Council.

The area to be dedicated will be taken into account in calculating the permitted density of the development.

The plans indicate a dedication of land for the creation of a splay corner.

Yes

 

Section 7.11 Contributions

60.      Monetary contributions are required under Section 7.11 of the Environmental Planning and Assessment Act 1979, with respect to the proposed development. These contributions have been calculated appropriately and a suitable condition of consent has been included in the recommendation in this respect.

 

 

IMPACTS

 

Natural Environment

61.      The proposed development is unlikely to result in adverse impacts on the natural environment. 

 

Built Environment

62.      The proposed development is unlikely to result in adverse impacts on the built environment.

 

63.      In particular, the proposal complies with the Height and FSR controls contained in Kogarah LEP 2012, and is consistent with the bulk and scale of both existing and emerging development in both the immediate and broader context.

 

Social Impacts

64.      The development will provide additional housing stock to the area and cater to the needs of families by providing a range of dwelling sizes through a mix of one, two and three bedroom units.

 

Economic Impacts

65.      The development will have a positive short term economic benefit associated with construction employment and minimal adverse economic impacts over the longer term.

 

Suitability of the site

66.      The subject site is inherently suitable for the proposed development having regard to the emerging character of the surrounding locality which features several multi-level buildings with residential accommodation and its location in close proximity to public transport options and a wide range of services and facilities. Further, there are no natural or man-made environmental constraints (e.g. flooding/bushfire risks) that would render the site unsuitable for the proposed development.

 

SUBMISSIONS

67.      The application was publicly exhibited from 7 June 2018 to 22 June 2018 in accordance with the public notification provisions in Part A of the Kogarah Development Control Plan 2013. Two (2) submissions objecting to the proposal was received.

 

68.      The issues raised in the submission are addressed below.

 

Height of the building is out of character

Comment: The proposed building complies with the maximum height limit of 39m for the site which resulted from the density increase in 2017.

 

Has enough parking been provided for residents and visitors?

Comment: The proposal complies with the required number of parking spaces for residents and visitors as determined by the Apartment Design Guide.

 

Overshadowing of the heritage listed terraces on Gray Street

Comment: Due to the orientation of the site the heritage listed terraces are located to the north-east known as 4-14 Gray Street (the terraces being northwest of the site), the terraces will not be overshadowed by the proposed building.

 

Impact on the heritage items on Gray Street

Comment: Council’s Heritage Advisor has reviewed the proposal and is satisfied that the proposal will not have an adverse impact on the listed items (Terraces).

 

Impacts of excavation on 1 Gray Street

Comment: The recommendations in the Geotechnical Report submitted with the DA will be included as conditions of consent.

 

Will waste collection be undertaken from Gray Street?

Comment: Council’s Waste Officer has reviewed the proposal and advised waste collection for general waste will occur twice per week (3 x 1100L bins) which will reduce the time taken to collect the waste as opposed to 240L bins, and recycling will be collected once per week all from Gray Street.

 

69.      The amendments during the assessment of the proposal were not required to be publicly notified in accordance with the DCP as they were considered to not result in additional environmental impacts. In this regard, the amendments were substantially in response to design issues raised by council officers and the design review panel and generally improved the bulk/scale and associated impacts of the proposal.

 

REFERRALS

 

Council Referrals

Landscaping

70.      No objections were raised to vegetation removal and the proposed landscape plan subject to conditions. Those conditions have been incorporated into the recommended conditions.

 

Stormwater

71.      No objections were raised to the drainage design and stormwater discharge subject to conditions. Those conditions have been incorporated into the recommended conditions.

 

Property Information

72.      No objections were raised subject to conditions in relation to public domain works. Those conditions have been incorporated into the recommended conditions.

 

Health

73.      No objections were raised to the acoustic assessment subject to conditions. Those conditions have been incorporated into the recommended conditions.

 

Waste

74.      No objections were raised to the proposal, subject to conditions. Those conditions have been incorporated into the recommended conditions.

 

Building

75.      No objections were raised to the proposal, subject to conditions. Those conditions have been incorporated into the recommended conditions.

 

Traffic

76.      No objections were raised to the proposal, subject to conditions. Those conditions have been incorporated into the recommended conditions.

 

External Referrals

Department of Infrastructure, Regional Development and Cities

77.      The proposed development will penetrate prescribed airspace for Sydney Airport and constitutes the need for a ‘controlled activity’ within the meaning of Division 4 of Part 12 of the Airports Act 1996. The applicant has obtained the necessary approval for the controlled activity.

 

Roads and Maritime (RMS)

78.      In accordance with Schedule 3 of the SEPP (Infrastructure) 2007, the application was referred to RMS for comment. No objection has been raised subject to conditions of consent associated with obtaining a road occupancy licence and awnings not to block sightlines

 

Ausgrid

79.      The DA was referred to Ausgrid in accordance with Clause 45 of SEPP (Infrastructure) 2007. Comments were received on 26 September 2019 and 2 October 2019. The comments provided by Ausgrid have been included in the deferred commencement condition in the consent.

 

Sydney Trains

80.      In accordance with Clause 86 of the SEPP (Infrastructure) 2007, the application was referred to Sydney Trains for their concurrence. No objection has been raised subject to conditions of consent.

 

CONCLUSION

81.      The proposal has been assessed using the matters for consideration listed in Section 4.15 and 4.16(1) (a) of the Environmental Planning and Assessment Act 1979. Based on this assessment, the proposal is generally considered to be a satisfactory outcome for subject site subject to appropriate conditions.

 

DETERMINATION AND STATEMENT OF REASONS

 

Statement of Reasons

·     The proposal is an appropriate response to the “up-zoning” of the site (including increased Floor Space Ratio and height limits) afforded by the Kogarah “New City Plan”. The building is consistent with the desired future character of the B4 zone along Railway Parade and is commensurate with nearby recent shop top housing developments.

·     The proposal is fully compliant with the maximum 4:1 FSR and 39m building height limit that applies to the site under Kogarah Local Environmental Plan 2012.

·     The proposal’s bulk and scale is appropriately contained within a compliant building envelope that is consistent with the desired future character of the area in relation to height and FSR

·     The proposal has sufficient façade modulation and wall articulation that will serve to provide visual interest and reduce the bulk of the building.

·     The proposal achieves compliance with the Apartment Design Guide with respect to both internal and external amenity. Building separation requirements in particular are fully compliant.

 

Determination

A.        THAT the determination of Development Application No. DA2018/0181 for demolition of existing structure and construction of a twelve (12) storey shop top housing development consisting of fifty two (52) residential apartments, ground floor commercial/retail floor area and three (3) levels of basement car parking at Lot 11 in DP911188 and Lots 2 and 3 in DP1753 and known as 1B Gray Street and 172-174 Railway Parade, Kogarah, be deferred and the applicant shall submit a Remediation Action Plan in accordance with State Environmental Planning Policy 55 – Remediation of Land and the Managing Land Contamination Planning Guidelines within 90 days.

 

B.        The Remedial Action Plan (RAP) must be prepared by an suitably qualified consultant in accordance with NSW Department of Environment and Conservation (DEC) and NSW Environmental Protection Authority (EPA) Guidelines and shall document all the remedial works to be undertaken at the site and also contain an environmental management plan and occupational health and safety plan for the remedial works. 

 

C.        THAT pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979, the Georges River Local Planning Panel delegate the function of determining this application to the Manager Development and Building, subject to A and B above being completed and generally in accordance with the conditions listed below.

 

 

SECTION A – DEFERRED COMMENCEMENT CONDITIONS

 

This Development Application is a Deferred Commencement Consent under Section 4.16(3) of the Environmental Planning and Assessment Act (as amended) 1979. Strict compliance is required with all conditions appearing in Section A within thirty six (36) months from the Determination Date of this consent. Upon confirmation in writing from Georges River Council that the Section A Conditions have been satisfied, the consent shall commence to operate as a Development Consent for a period of five (5) years from the Determination Date of this consent.

 

Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, this consent will not operate until the following requirements are satisfied:

 

Deferred Commencement Conditions

 

A.        Deferred Commencement - General - Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, this consent will not operate until the following requirements are satisfied:

 

            (a)   The Applicant shall prepare and provide to Ausgrid for approval/certification the following final version items:

 

(i)    A Vibration Management Plan;

(ii)   A Displacement Monitoring Plan; and

         (iii) Amended shoring plans to the satisfaction of Ausgrid.

 

Documentary evidence as requested or the above information must be submitted within thirty six (36) months of the granting of this deferred commencement consent.

 

Commencement of the Consent cannot commence until written approval of the submitted information has been given by Council.

 

Subject to the above being satisfied a development consent be issued, subject to the following conditions:

 

SECTION B – DEVELOPMENT CONDITIONS

 

Development Details

 

1.         Fit-out of retail premises - No approval is granted for the use or fit-out of the retail premises. Separate Development Consent for the use and fit-out is required prior to the occupation of the retail component of the development.

 

2.         Approved Plans - The development must be implemented in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council’s approved stamp, except where marked up on the plans and/or amended by conditions of this consent:

 

Description

Reference No.

Date

Revision

Prepared by

Site Plan

A-0200

18/10/19

D

Architecture & Building Works

Basement 3 Plan

A-0400

18/10/19

D

Architecture & Building Works

Basement 2 Plan

A-0500

18/10/19

D

Architecture & Building Works

Basement 1 Plan

A-0600

18/10/19

D

Architecture & Building Works

Ground Floor

A-0700

18/10/19

D

Architecture & Building Works

First Floor

A-0800

18/10/19

D

Architecture & Building Works

Second Floor

A-0900

18/10/19

D

Architecture & Building Works

Third Floor

A-1000

18/10/19

D

Architecture & Building Works

Fourth Floor

A-1100

18/10/19

D

Architecture & Building Works

Fifth Floor

A-1200

18/10/19

D

Architecture & Building Works

Sixth Floor

A-1300

18/10/19

D

Architecture & Building Works

Seventh Floor

A-1400

18/10/19

D

Architecture & Building Works

Eighth Floor

A-1500

18/10/19

D

Architecture & Building Works

Ninth Floor

A-1600

18/10/19

D

Architecture & Building Works

Tenth Floor

A-1700

18/10/19

D

Architecture & Building Works

Eleventh Floor

A-1800

18/10/19

D

Architecture & Building Works

Roof Plan

A-1900

18/10/19

D

Architecture & Building Works

Elevations

A-2000 to A-2300

18/10/19

D

Architecture & Building Works

Sections

A-2500, A-2510 and A-2520

18/10/19

D

Architecture & Building Works

Adaptable Unit Details

A-4000

18/10/19

D

Architecture & Building Works

Material Sample

A-0002

18/10/19

D

Architecture & Building Works

Construction Management Plan

A-4300

18/10/19

D

Architecture & Building Works

Landscape Plan

ISO243DA1 to ISO243DA5

6/2/18

A

Isthmus Landscape Design

Traffic, Rail and Environmental Noise Assessment

2017-726

21/12/17

-

Acoustic Noise and Vibration Solutions Pty Ltd

Detailed Site Investigation

18/0222

February 2018

-

STS GeoEnvironmental Pty Ltd

Geotechnical Investigation

18/0109

January 2018

-

STS GeoEnvironmental Pty Ltd

Dilapidation Report - Substation 1A Gray St Kogarah

121040

5/3/19

-

ACSES Engineers

Further Geotechnical Assessment

19/0570

8/3/19

-

STS GeoEnvironmental Pty Ltd

Electromagnetic Field Testing Pre-Development Report

EMF856724

20/3/19

-

Ecolibria

Shoring Report

121040.R02

26/7/19

-

ACSES Engineers

Shoring Sections

Sheets 1 to 7

Feb 2019

A

ACSES Engineers

 

Separate Approvals Required Under Other Legislation

 

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

 

a)      Construct a 1.2 metre wide footpath for the full length of the frontage of the site in Railway Parade and Gray Street in accordance with Council’s Specifications applying at the time construction approval is sought.

 

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

 

c)      Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the applicant.  The work shall be carried out in accordance with Council’s specification, applying at the time construction approval is sought.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

d)      The applicant must register a non-terminating bank guarantee in favour of Council for the amount of [$50,000].

 

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

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

 

6.         Section 138 Roads Act 1993 and Section 68 Local Government Act 1993 - Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

 

Separate approval is required under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath) listed below.

 

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

 

(a)     Placing or storing materials or equipment;

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

(c)     Erecting a structure or carrying out work

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

(e)     Pumping concrete from a public road;

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

(g)     Constructing a vehicular crossing or footpath;

(h)     Establishing a “works zone”;

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

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

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

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

 

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

 

The relevant Application Forms for these activities can be downloaded from Council’s website www.georgesriver.nsw.gov.au. For further information, please contact Council’s Customer Service Centre on (02) 9330 6400.

 

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

 

8.         Public Domain Plan and Works - A public domain plan is to be submitted to Council consisting of full civil engineering drawings to Australian Standards. Inclusive of new kerbing, driveway, drainage, paved footpath, landscape and tree pits, and in accordance with Councils “Public Domain Streetscape Works Specification“.

 

The Approved plans for public domain works shall be constructed in accordance with the specifications issued under the “Application for Driveway Crossing and Associated Works on Council Road Reserve” Roads Act 1993 Section 138 Approval issued by Council’s Assets and Infrastructure Division.  Applications to be made at Georges River Council Customer Service Centre.

 

A separate application approval is required under section 68 Local Government Act 1993 for any modifications to Council’s drainage network.

 

The Plans are also to generally reflect the requirements of the Kogarah Town Centre Public Domain Strategy and Technical Manual. The Plan must be approved by Council’s Assets and Infrastructure Division prior to issue of Construction Certificate .

 

A private contractor shall carry out the above work, at the expense of the applicant and in accordance with the approved Specifications for works.

 

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

 

Requirements of Concurrence, Integrated & Other Government Authorities

 

9.         Sydney Trains -

 

a)   Prior to the issuing of a Construction Certificate the Applicant is to submit to Sydney Trains for endorsement the following final items in compliance with relevant ASA Standards (https://www.transport.nsw.gov.au/industry/asset-standards-authority):

 

1. Geotechnical and Structural report/drawings that meet Sydney Trains requirements. The Geotechnical Report must be based on actual borehole testing conducted on the site closest to the rail corridor.

 

2. Construction methodology with construction details pertaining to structural support during excavation. The Applicant is to be aware that Sydney Trains will not permit any rock anchors/bolts (whether temporary or permanent) within its land or easements.

 

3. Cross sectional drawings showing the rail corridor, sub soil profile, proposed basement excavation and structural design of sub ground support adjacent to the rail corridor. All measurements are to be verified by a Registered Surveyor.

 

Any conditions issued as part of Sydney Trains approval/certification of the above documents will also form part of the consent conditions that the Applicant is required to comply with.

 

b)   The Applicant shall prepare an acoustic assessment demonstrating how the proposed development will comply with the Department of Planning’s document titled “Development Near Rail Corridors and Busy Roads- Interim Guidelines”. The Applicant must incorporate in the development all the measures recommended in the report. A copy of the report is to be provided to the Principal Certifying Authority and Council prior to the issuing of a Construction Certificate. The Principal Certifying Authority must ensure that the recommendations of the acoustic assessment are incorporated in the construction drawings and documentation prior to the issuing of the relevant Construction Certificate.

 

c)   Prior to the issue of a Construction Certificate the Applicant is to engage an Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents. The Applicant must incorporate in the development all the measures recommended in the report to control that risk. A copy of the report is to be provided to the Principal Certifying Authority with the application for a Construction Certificate. The Principal Certifying Authority must ensure that the recommendations of the electrolysis report are incorporated in the construction drawings and documentation prior to the issuing of the relevant Construction Certificate.

 

d)   The design, installation and use of lights, signs and reflective materials, whether permanent or temporary, which are (or from which reflected light might be) visible from the rail corridor must limit glare, reflectivity and illumination to the satisfaction of the light rail operator. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

 

e)   Prior to the issuing of a Construction Certificate the Applicant must submit to Sydney Trains a plan showing all craneage and other aerial operations for the development and must comply with all Sydney Trains requirements. If required by Sydney Trains, the Applicant must amend the plan showing all craneage and other aerial operations to comply with all Sydney Trains requirements. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from the Sydney Trains confirming that this condition has been satisfied.

 

f)    If required, prior to the issue of a Construction Certificate the Applicant is to contact Sydney Trains Engineering & Maintenance Interface to determine the need for public liability insurance cover. If insurance cover is deemed necessary this insurance be for sum as determined by Sydney Trains and shall not contain any exclusion in relation to works on or near the rail corridor, rail infrastructure and must be maintained for the duration specified by Sydney Trains. The Applicant is to contact Sydney Trains Engineering & Maintenance Interface to obtain the level of insurance required for this particular proposal. Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written proof of this insurance in conjunction with Sydney Trains written advice to the Applicant on the level of insurance required.

 

g)   If required, prior to the issue of a Construction Certificate the Applicant is to contact Sydney Trains Engineering & Maintenance Interface to determine the need for the lodgement of a Bond or Bank Guarantee for the duration of the works. The Bond/Bank Guarantee shall be for the sum determined by Sydney Trains. Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written advice from Sydney Trains confirming the lodgement of this Bond/Bank Guarantee.

 

h)  The Applicant must ensure that at all times they have a representative (which has been notified to Sydney Trains in writing), who: oversees the carrying out of the Applicant’s obligations under the conditions of this consent and in accordance with correspondence issued by Sydney Trains;

 

·    acts as the authorised representative of the Applicant; and

 

·    is available (or has a delegate notified in writing to Sydney Trains that is available) on a 7 day a week basis to liaise with the representative of Sydney Trains, as notified to the Applicant.

 

i)    Without in any way limiting the operation of any other condition of this consent, the Applicant must, during demolition, excavation and construction works, consult in good faith with Sydney Trains in relation to the carrying out of the development works and must respond or provide documentation as soon as practicable to any queries raised by Sydney Trains in relation to the works.

 

j)    Where a condition of consent requires consultation with Sydney Trains, the Applicant shall forward all requests and/or documentation to the relevant Sydney Trains external party interface team. In this instance the relevant interface team is Illawarra Interface and they can be contacted via email on Illawarra_Interface@transport.nsw.gov.au

 

k)   Copies of any certificates, drawings, approvals/certification or documents endorsed by, given to or issued by Sydney Trains or RailCorp must be submitted to Council for its records prior to the issuing of the applicable Construction Certificate or Occupation Certificate.

 

l)    If required by Sydney Trains, prior to the commencement of works or at any time during the excavation and construction period deemed necessary by Sydney Trains, a joint inspection of the rail infrastructure and property in the vicinity of the project is to be carried out by representatives from Sydney Trains and the Applicant. These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed. The submission of a detailed dilapidation report will be required within 10 days following the undertaking of the inspection, unless otherwise notified by Sydney Trains.

 

m)  If required by Sydney Trains, prior to the issue of the Occupation Certificate, or at any time during the excavation and construction period deemed necessary by Sydney Trains, a joint inspection of the rail infrastructure and property in the vicinity of the project is to be carried out by representatives from Sydney Trains and the Applicant. These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed. The Principal Certifying Authority is not to issue the final Occupation Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied

 

n)  Sydney Trains or Transport for NSW (TfNSW), and persons authorised by those entities for the purpose of this condition, must be permitted to inspect the site of the development and all structures to enable it to consider whether those structures have been or are being constructed and maintained in accordance with the approved plans and the requirements of this consent, on giving reasonable notice to the principal contractor for the development or the owner or occupier of the part of the site to which access is sought.

 

o)   Any conditions issued as part of Sydney Trains approval/certification of any documentation for compliance with the Sydney Trains conditions of consent, those approval/certification conditions will also form part of the consent conditions that the Applicant is required to comply with.

 

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

 

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

 

12.       Electricity Supply to Development - The electricity supply to the Development must be underground including power lines within the road reserve adjacent to the site.

 

13.       Geotechnical Report - Prior to the issue of a Construction Certificate the Applicant shall provide Sydney Trains with a Geotechnical Report and structural drawings/report. These reports shall provide confirmation that there will be no negative impact on Sydney Trains infrastructure and land. Written confirmation shall be provided from Sydney Trains to the Certifying Authority confirming this condition has been satisfied.

 

14.       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.

 

15.       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.

 

Prior to the Issue of a Construction Certificate

 

16.       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 that shall be affected by the excavation as determined by the consulting engineer.

 

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

 

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

 

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

 

17.       Railway Noise - The site is affected by noise from the Eastern Suburbs Illawarra railway corridor. An Acoustic Report prepared by a suitably qualified acoustic consultant shall be submitted, prior to the issue of the Construction Certficate, demonstrating that the development has been designed to meet the internal noise and vibration levels specified in NSW Department of Planning ‘Development Near Rail Corridors and Busy Roads - Interim Guidelines’ and Clause 87 of State Environmental Planning Policy (Infrastructure) 2007.

 

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

 

An on-site detention (OSD) facility designed by a professional engineer who specialises in Hydraulic Engineering must be designed, approved and installed.  The design must include the computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

 

a)      peak flow rates from the site are to be restricted to a permissible site discharge (PSD) equivalent to the discharge when assuming the site contained a single dwelling, garage, lawn and garden,

 

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

      

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

      

The OSD facility shall be designed to meet all legislated safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm. A durable metal plate or similar sign is to be placed at the OSD facility and must bear the words:

 

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

 

Full details shall accompany the application for the Construction Certificate.

 

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

 

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

 

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

 

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

 

Details and certification of compliance from a professional engineer specialising in civil engineering shall be provided for approval with the Construction Certificate application.

 

20.       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)      The Loading Bay is compliant with AS2890.1-2004 for the use at a minimum of Small Rigid Vehicles

 

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

 

d)      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.

 

21.       Council Property Shoring - Prior to the issue of the Construction Certificate, plans and specifications prepared by a professional engineer specialising in practising structural engineering must detail how Council’s property shall be supported at all times.

 

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

 

22.       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.

 

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

 

a)      Pay Council, before the issue of the Construction Certificate, a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $68,122.14

 

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: $371.00

 

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

 

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

 

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

 

24.       Engineer’s Certificate - A certificate from a professional Engineer specialising in structural engineering certifying the structural adequacy of the existing structure, to support all proposed additional superimposed loads shall be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

29.       Heritage

 

Archaeology

As required by the National Parks and Wildlife Service Act 1974 and the Heritage Act 1977, in the event that Aboriginal cultural heritage or historical cultural fabric or deposits are encountered/discovered where they are not expected, works must cease immediately and Council and the Heritage Division of the Office of Environment and Heritage (OEH) must be notified of the discovery.

 

In the event that archaeological resources are encountered, further archaeological work may be required before works can re-commence, including the statutory requirement under the Heritage Act 1977 to obtain the necessary approvals/permits from the Heritage Division of the OEH.

 

Note: The National Parks and Wildlife Service Act 1974 and the Heritage Act 1977 impose substantial penalty infringements and / or imprisonment for the unauthorised destruction of archaeological resources, regardless of whether or not such archaeological resources are known to exist on the site.

             

Photographic Archival Recording

Prior to the commencement of any works, including the dismantling of fabric or demolition, a Photographic Archival Recording shall be undertaken of the building at 172 Railway Parade, Kogarah, and submitted to Council.

 

Written confirmation must also be obtained from Council’s Heritage Advisor, confirming that the Photographic Archival Recording is of an acceptable quality that satisfies the requirements of this condition.

 

The Photographic Archival Recording shall be prepared in accordance with the guidelines "Archival Recording of Heritage Items Using Film or Digital Capture" published by the Heritage Division of the Office of Environment and Heritage.

 

Two complete copies of the Photographic Archival Recording shall be submitted to Council. Each copy should contain (for digital projects):

 

·    A brief report or introduction which explains the purposes of the Photographic Archival Recording and gives a brief description of the subject site, as well as details of the sequence in which images were taken. The report may also address the limitations of the photographic record and may make recommendations for future work;

·    Plans of the building marked up to indicate where the photographs were taken and the direction of the photograph;

·    The report should include all technical details including camera and lenses, image file size and format, technical metadata associated with the images, and colour information;

·    Catalogue sheets, photographic plan, supplementary maps;

·    Colour thumbnail image sheets (e.g. A4 page with six images by six images) showing images and reference numbers. The thumbnail sheets should be processed with archivally stable inks on archivally acceptable photographic paper and cross referenced to catalogue sheets;

·    One full set of 10.5x14.8cm (A6) colour prints OR, if a large project, a representative set of selected images processed with archivally stable inks on archivally acceptable photographic paper.

·    A CD or DVD containing electronic image files saved as RAW files with associated metadata, and cross-referenced to catalogue sheets.

 

The report should be presented on archival quality paper in a suitable archival binder and slipcase, and all storage of individual components must be in archival quality packaging suitable for long term storage.  

 

30.       Construction Traffic Management Plan - A Construction Traffic Management Plan detailing:

 

(a)     construction vehicle routes;

 

(b)     anticipated number of trucks per day;

 

(c)     hours of construction;

 

(d)     Access arrangements; and

 

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

 

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

 

31.       Use of Rooftop open space - A Plan of Management (POM) for use of rooftop open space must be submitted for approval of Council. The POM must outline the:

 

(i) hours of use of the rooftop terrace which shall be restricted from 8am until 10pm;

 

(ii) maximum number of users at any one time is restricted to 25;

 

(iii) provisions for no amplified music to be played;

 

(iv) and identify other measures to ensure that the amenity of persons within the development and in nearby existing and future development is maintained.

 

The approved POM shall be incorporated into the Owners Corporation by-laws in any future Strata subdivision and a sign in the front entry of the building shall be included to ensure the use of this space is monitored and understood by all occupants.

 

32.       Acoustic Requirements - Compliance with submitted Acoustic Report - The Construction Certificate plans shall demonstrate compliance with the Acoustic Assessment submitted to Council, titled “Acoustic Report - Traffic & Environmental Noise Assessment - For proposed development at No. 172-174 Railway Parade Kogarah. Prepared By:  ACOUSTIC NOISE & VIBRATION SOLUTIONS P/L Reference No.: 2017-726”  

 

This means that a review of glazing design and mechanical plant must be undertaken to ensure that acoustic objectives will be met.  Written verification from a suitably qualified acoustic consultant must be submitted to Council validating that the acoustic objectives contained within the aforementioned report will be met, must be submitted to Council for approval.  The Construction Certificate will not be issued until Council approves this validation.

 

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

 

34.       Electromagnetic Assessment - The Construction Certificate plans shall demonstrate compliance with the recommendations of the Electromagnetic Assessment submitted to Council, titled “Electromagnetic Field Testing Pre-Development Report Prepared for Architecture & Building Works Site Assessed - 172-174 Railway Parade, Kogarah, NSW.  Report Date: Wednesday 20th March 2019 Report Number: EMF856724” depicting that Units 1.05, 2.05 and 3.05 be configured so that a bed is not placed within four (4) meters of the substation (located at 1A Gray St Kogarah NSW 2217 Lot 12 DP 911188) wall AND that retail location 1 is configured so that the Gray Street boundary is used for display or storage and not as a location where people spend extended periods of time.

 

35.       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.

 

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

 

Residential Waste

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

 

(a)     Domestic Waste - 3 x 1100 litre mobile bins.

 

(b)     Domestic Recycling - 19 x 240 litre mobile bins.

 

Commercial Waste

For the Commercial portion of the building appropriate waste and recycling containers and facilities will need to be provided for all specific end use businesses in accordance with the following waste generation rates:

 

(a)     Retail Trading - shops, to 100 square metres - 0.1-0.2 cubic metres per 100 square metres of floor area per day;

 

(b)     Restaurants and Food Shops - 0.3-0.6 square metres per 100 meals, plus up to 0.15 cubic metres of beverage containers per 100 meals; and,

 

(c)     Office - 0.01-0.03 cubic metres per 100 square metres of floor area per day.

 

36.       Waste Handling Systems - All waste handling equipment and systems used in conjunction with the provision of waste and recycling services shall be manufactured, installed and maintained in accordance with any applicable regulatory requirements, relevant Australian Standards, and relevant manufacturer’s specifications.

 

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

 

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

 

Please contact Council prior to the payment of Section 7.11 Contributions to determine whether the amounts have been indexed from that indicated below in this consent and the form of payment that will be accepted by Council.

 

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

 

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

 

Fee Type

Fee

GENERAL FEES

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

Builders Damage Deposit

$68,122.14

Inspection Fee for Refund of Damage Deposit

$371.00

DEVELOPMENT CONTRIBUTIONS

Kogarah Section 94 Development Contributions Plan No.8 - Kogarah Town Centre - Streetscape, Open Space &             Public Domain

$884,856.96

Kogarah Section 94 Development Contributions Plan No.8 - Kogarah Town Centre - Traffic Facilities

$20,616.81

Kogarah Section 94 Development Contributions Plan No.8 - Kogarah Town Centre - Community Facilities

$15,730.22

Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Buildings

$14,660.94

Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Books

$10,453.19

 

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 7.11 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.

 

Indexation

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

 

Timing of Payment

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

 

Further Information

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

 

38.      Site Management Plan - Major Development - 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.

 

39.      BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 892771M_02 must be implemented on the plans lodged with the application for the Construction Certificate.

 

 

40.      Required design changes - The following changes are required to be made and shown on the Construction Certificate plans:

 

(a) The Landscape Plans are to be updated to reflect the approved architectural plans.

 

(b) Five (5) street trees of species to be determined in consultation with council shall be provided in the road reserve, generally in accordance with the Public Domain Strategy and Technical Manual for Kogarah Town Centre.

 

(c)  The stormwater concept plans shall be revised satisfying the following and shown on the Construction Certificate plans:

·    Details of the Bioretention Basin that was shown on the architectural ground floor plan.

·    Please note that all new commercial and industrial developments should incorporate water efficiency measures, and where possible should aim to harvest and reuse rainwater. It is recommended that at least 5 cubic meter of rainwater tank shall be designed and installed. When a rainwater tank is used on the property and is connected to supply toilet flushing and laundry demands,1/3 of the provided storage volume can be used to offset the required volume for OSD.

·    The provided OSD storage volume in the stormwater concept plan is acceptable. However, Stormwater Management Report (Stormwater Calculator) shall be revised showing the impervious area percentage on the table.

 

(d) Submission to the satisfaction of Georges River Council of a public domain plan generally in accordance with the Public Domain Strategy and Technical Manual for Kogarah Town Centre.

 

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

 

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

 

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

 

(c)     All clean water runoff is diverted around cleared or exposed areas

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(a) All stormwater shall drain by gravity to Council's drainage line 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.

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

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

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

 

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

 

These plans shall be prepared in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (2005 or 2016) and Council's Water Management Policy (Kogarah Council), August 2006.

 

44.      Structural details - Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns and other structural members. The details are to be submitted to the Principal Certifying Authority for approval prior to construction of the specified works.

 

A copy shall be forwarded to Council where Council is not the PCA.

 

45.      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).

 

46.      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.

 

47.      Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Isthmus Landscape Design, reference numbers - ISO243 - DA1 - DA5. The landscaping shall be maintained in accordance with the approved plans in perpetuity.

 

            General Landscape Requirements

 

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

 

b)   The eight (8) 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.

 

48.      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:

         

Street Address for Shops

·    172 Railway Parade KOGARAH  NSW  2217

 

Street Address for Residential Units

·    1B Gray Street KOGARAH  NSW  2217

 

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 

 

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

 

The report must include the following:

 

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

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

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

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

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

 

The Dilapidation Report must be prepared by a professional engineer. The report must be provided to the PCA and a copy provided to the Council. 

The report is to be supplied in electronic format in Word or PDF. Photographs are to be in colour, digital and date stamped.

 

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

 

50.      Site Audit Report and Site Audit Statement – After completion of all Remediation works, a Site Audit Report and Site Audit Statement are to be submitted to Council. These documents must clearly state that the site is suitable for the proposed use.

 

Note: The Applicant must comply with clauses 17 ‘Guidelines and notices: all remediation work’ and clause 18 ‘Notice of completion of remediation work’ under State Environmental Planning Policy No.55-Remediation of Land.

 

Note: Words and expressions used in these conditions have the same meaning as in the Contaminated Land Management Act 1997.

 

51.      Structural Engineers Details - Supporting excavations and adjoining land - Prior to the commencement of work in connection with the excavation of the site associated with the basement car park, structural engineer’s details relating to the method of supporting the excavation must be submitted.

 

52.      Site contamination - Additional information - Any new information that comes to light during excavation (after demolition of the onsite structures and the conclusion of the detailed site investigation) which has the potential to alter previous conclusions about site contamination and remediation must be notified to Council and the accredited certifier immediately. 

 

The following steps must then be taken before any further works proceed onsite:

 

A further detailed investigation of the site should then be prepared by a suitably qualified contaminated land consultant and submitted to Council. 

 

This report must consider whether the land is contaminated, and

 

·    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

·    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.

 

Remediation Works

All remediation work must be carried out in accordance with: -

 

·    the Managing Land Contamination: Planning Guidelines SEPP 55 Remediation of Land; and,

·    the EPA Guidelines made under the Contaminated Land Management Act 1997;

 

and in accordance with the Remedial Action Plan.

 

Validation Report

After completion of all Remediation works, a copy of the Validation and Monitoring Report prepared by suitably qualified contaminated land consultant shall be submitted to Council.  The Construction Certificate shall not be issued until Council approves this Report.  The validation report shall be prepared in accordance with the Office Environment and Heritage Guidelines, Consultants Reporting on Contaminated Sites, and shall certify the suitability of the site for the proposed development.

1                                                          describe and document all works performed;

2                                                          include results of validation testing and monitoring;

3                                                          include validation results of any fill imported on to the site;

4                                                          show how the objectives of the Remedial Action Plan have been met;

5                                                          show how all agreed clean-up criteria and relevant regulations have been complied with; and

6                                                          include clear justification as to the suitability of the site for the proposed development and the potential for off-site migration of any residual contaminants.

 

53.      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.

 

54.      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.

 

55.      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.

 

56.      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 the Principal Certifying Authority (PCA) and Council for their records.

 

57.      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.

 

58.      Utility Arrangements - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the applicant’s expense including the required undergrounding of powerlines in the public domain adjacent to the site.

 

59.      Railway Parade Frontage - All existing overhead power lines within or adjacent to the development site shall be relocated underground to the utility providers standards and specifications. If not practicable to relocate the power line underground, arrangements shall be made with the utility provider to place the conduit to carry those power lines underground so that they can be utilised at a later date by the utility provider. In this regard all associated costs shall be borne by the applicant.

 

60.      NBN Connection - Prior to the issue of the Subdivision or Construction Certificate in connection with a development, the developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifying Authority that arrangements have been made for:

 

(i)         the installation of fibre-ready facilities to all individual lots and/or premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose; and

(ii)        the provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all individual lots and/or premises in a real estate development project demonstrated through an agreement with a carrier.

(iii)       (Note real estate development project has the meanings given in section 372Q of the Telecommunications Act).

 

61.      Electricity Supply Development - The electricity supply to the Development must be underground.

 

During Construction

 

62.      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 public drainage system.

 

Utility Services

The applicant shall undertake and bear all costs associated with the liaison, approval and relocation of any utility services. All correspondence and approvals between the Applicant and utility authorities shall be provided to the Council in conjunction with engineering documentation for the stormwater drainage works.

 

Drainage Works

Construction inspections shall be required by Council’s Asset Engineer for the Council stormwater drainage and connection works on public roads at the following hold points: -

 

·    Upon excavation of trenches shown on the approved drainage drawings.

·    Upon installation of pipes and other drainage structures.

·    Upon backfilling of excavated areas and prior to the construction of the final pavement surface.

 

An inspection fee is applicable for each visit, and at least 24 hours’ notice will be required for the inspections.

 

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

 

64.      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.

 

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

 

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

 

66.      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.

 

67.      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.

 

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

 

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

 

Prior to the issue of the Occupation Certificate

 

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

 

70.      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.

 

71.      Connection to the network will be required prior to the release of any Occupation Certificate - 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.

 

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

 

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

 

Restrictions on Use of Land

 

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

 

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

 

Positive Covenants

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

74.      Maintenance Schedule - On-site Stormwater Management - A Maintenance Schedule for the proposed on-site stormwater management measures is to be prepared and submitted to Council. The Maintenance Schedule shall outline the required maintenance works, how and when these will be done and who will be carrying out these maintenance works.

 

75.      Works as Executed and Certification of Stormwater works - Prior to the issue of an Occupation Certificate, the PCA must ensure that the stormwater drainage system has been constructed in accordance with the approved design and relevant Australian Standards. A works-as-executed drainage plan and certification must be forwarded to the PCA and Council, from a professional engineer specialising in hydraulic engineering.

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

 

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

 

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

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

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

(d) The orifice size/s.

 

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

 

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

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

 

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

 

(a) Construct footpath for the full length of the frontage of the site in accordance with Council’s Specifications for footpaths.

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

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

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

 

The above works shall be carried out at the expense of the applicant and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

 

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

 

78.      Completion of Major Works - Prior to the issue of a Final Occupation Certificate, the following works must be completed at the applicant’s expense to the satisfaction of Council’s Engineering Services section Reference generally in accordance with public domain plan:

 

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

(b) Removal of redundant driveways and vehicular crossings;

(c)  New footpaths within the road related area;

(d) Relocation of any existing  above ground utility services

(e) Relocation/provision of street signs

(f)  New or replacement street trees;

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

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

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

 

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

 

79.      Traffic Control Devices - The internal road network, pedestrian facilities and parking facilities (including visitor parking and employee parking) shall be designated and line marked in accordance with Australian Standard - AS1742, Manual of Uniform Traffic Control Devices.

 

If an exit from car park utilises a pedestrian footpath, then a warning system such as flashing light and/or ‘alarm sound’ must be installed on the subject property to alert pedestrians of vehicles exiting the car park.  The Alarm System must be designed and installed in accordance with AS2890.1 -2004.

 

80.      Dilapidation Report on Public Land - Upon completion of works, a follow up dilapidation report must be prepared for the items of Council infrastructure adjoining the development site:

 

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

 

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

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

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

 

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

 

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

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

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

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

 

82.      Fire Safety Certificate before Occupation - 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 at the time of the issuance of the Development Occupation Certificate.

 

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.

 

83.      Slip Resistance - At completion of work an in-situ (on-site) test, in wet and dry conditions, must be carried out on the pedestrian floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any commercial/retail/residential units to ascertain the actual slip resistance of such surfaces taking into consideration the effects of grout, the gradients of the surface and changes from one material to another.  The in-situ test must be carried out in accordance with AS/NZS 4663:2002. Proof of compliance must be submitted with the application for the Occupation Certificate for approval.

 

84.      Structural Certificates - The proposed structure must be constructed in accordance with details designed and certified by the practising qualified structural engineer. In addition, Compliance or Structural Certificates, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority prior issue of the Occupation Certificate.

 

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

 

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

 

87.      Acoustic Compliance - Prior to the issue of any Occupation Certificate, a report prepared by a suitably qualified acoustic consultant must be submitted to the PCA certifying that the construction has incorporated the recommendations in the DA Acoustic Report titled  “Acoustic Report - Traffic & Environmental Noise Assessment - For proposed development at No. 172-174 Railway Parade Kogarah. Prepared By:  ACOUSTIC NOISE & VIBRATION SOLUTIONS P/L Reference No.: 2017-726”.

 

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

 

A professional acoustic engineer shall be engaged to certify that the design and construction of the all sound producing plants and equipment associated with the building complies with the above requirements.  Certification shall be submitted to the PCA prior to the issue of any Occupation Certificate.

 

89.      Electricity Supply - Evidence shall be provided demonstrating that the development has been connected to the Ausgrid, if required, and provided underground.

 

90.      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.

 

91.      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  Isthmus Landscape Design, reference numbers - ISO243 - DA1 - DA5. The landscaping shall be maintained in accordance with the approved plans in perpetuity.

 

            General Landscape Requirements

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

 

b)      The eight (8) 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.

 

Street Tree Removal / Replacement by Council -

(a) Five (5) street trees of species to be determined in consultation with council shall be provided in the road reserve, in accordance with the Public Domain Strategy and Technical Manual for Kogarah Town Centre.

 

(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) x 5

$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.

 

92.      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.

 

Operational Conditions (Ongoing)

 

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

 

94.      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.

 

95.      Activities and storage of goods outside buildings - There shall be no activities including storing or depositing of any goods or maintenance to any machinery external to the building with the exception of waste receptacles.

 

96.      Loading & Unloading of vehicles - All loading and unloading of vehicles in relation to the use of the premises shall take place wholly within a dedicated loading dock/area.

 

97.      Entering & Exiting of vehicles - All vehicles shall enter and exit the premises in a forward direction.

 

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

 

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

 

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

 

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

 

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

 

99.      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.

 

100.    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.

 

Operational Requirements Under the Environmental Planning & Assessment Act 1979

 

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

 

102.    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:

 

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

 

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

 

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

 

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

 

103.    Notification Requirements of PCA - 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.

 

104.    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.

 

105.    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.

 

106.    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.

 

107.    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

 

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

 

109.    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.

 

110.    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.

 

111.    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.

 

112.    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.

 

113.    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.